HomeMy WebLinkAbout2013-421 Contract - Pacific Paving
CIITY RECORDER
Contract for Asphalt Patching
C I T Y OF CONTRACTOR: Pacific Paving
ASHLAND CONTACT: Bonnie Verstegen
20 East Main Street
Ashland, Oregon 97520 ADDRESS: PO Box 2370, White City, OR 97503
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: 541-772-4616
DATE AGREEMENT PREPARED: December 27, 2013 FAX:
BEGINNING DATE: December 27, 2013 COMPLETION DATE: June 30, 2016
COMPENSATION: To be determined by competition for jobs based on per unit price quotes submitted every
60 to 90 days or as needed for jobs exceeding $2,500.00
GOODS AND SERVICES TO BE PROVIDED: As halt Patching Services
ADDITIONAL TERMS: Special Procurement (Alternative contracting process) approved by City Council on
September 6, 2011. Valid until June 30, 2016.
NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the
CITY AND CONTRACTOR AGREE as follows:
1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and
expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and
materials required for the proper performance of such work.
2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel
assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned
in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are
so registered, licensed and bonded. Contractor must also maintain a current City business license.
3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later
than the date indicated above and start performing the work under this contract by the beginning date indicated
above and complete the work by the completion date indicated above.
4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and
expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the
contract be prematurely terminated, payments will be made for work completed and accepted to date of termination.
Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a
separate written contract is entered into by the City.
5. :Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of
City.
6. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter-244 and ORS 670.600 are
made part of this contract.
7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract
is $19,825 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a
living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor
who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached
hereto as Exhibit B predominantly in areas where it will be seen by all employees.
8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited
to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this
contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,
judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
9. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Contractor, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, count or other sources is not obtained and continued at levels
Contract for Goods and Services Less than $25,000, Revised 06/30/2013, Page 1 of 5
a
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Contractor to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Contractor may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by.the party giving notice.
ii. Time is of the essence for Contractor's performance of each and every obligation and duty under
this contract. City by written notice to Contractor of default or breach, may at any time terminate
the whole or any part of this contract if Contractor fails to provide services called for by this
contract within the time specified herein or in any extension thereof:
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to
the termination date if such work was performed in accordance with the Contract.
10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City.
Contractor shall have the complete responsibility for the performance of this contract.
11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated
against minority, women or emerging small businesses enterprises in obtaining any required subcontracts.
Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor
understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to
City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any
requirement of ORS 279A.110 or the administrative rules implementing the Statute.
12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an
asbestos abatement license.
13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual. relation between the assignee or subcontractor and City.
14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible
in the performance of the contract work set forth in this document.
15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of
any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to
the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a
.QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has
instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing
business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in,
or delegate duties under, the Contract.
16. Insurance. Contractor shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. General Liability insurance with a combined single limit, or the equivalent, of not less"than Enter one:
$200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurers to
Contract for Goods and Services Less than $25,000, Revised 06/30/2013, Page 2 of 5
the City.
e.. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages
required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work
under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the
parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The
Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS. .
19. Nona ppropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the. City's fiscal year budget. Contractor
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further
liability to Contractor.
20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is
required ore any wo may begin under this contract.
.21. Cert' ' i n. ctor shall sign the certification attached hereto as Exhibit A and herein incorporated by
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B By
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Print Name Print Name
Title Date
Contract for Goods and Services Less than $25,000, Revised 06/30/2013, Page 3 of 5
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be
,issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
7 (1) 1 carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one
year.
(6) 1 assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
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ntractor (Date)
Contract for Goods and Services Less than $25,000, Revised 06/30/2013, Page 4 of 5
SAIF'Corporation 10/30/2013 4:22:44 PM PAGE 1/001 Fax Server
www.salr.mrn
OREGON WORKERS COMPENSATION 'I SaIF
CERTIFICATE OF INSURANCE sto corporation
CERTIFICATE HOLDER:
CITY OF ASHLAND
20 EAST MAIN ST.
ASHLAND, OR 97520
The policy of insurance listed below has been issued to the insured named below for the
policy period indicated. The insurance afforded by the policy described herein is subject to
all the terms, exclusions and conditions of such policy.
POLICY NO. POLICY PERIOD ISSUE DATE
_ 812919 10/01/_201.3_to_10_/01/2014 10/30/2013
INSURED: BROKER OF RECORD:
PACIFIC PAVING INC KPD INSURANCE INC
PACIFIC POWDER COATING PO BOX 29
PO BOX 2370 SPRINGFIELD, OR 97477
WHITE CITY, OR 97503-0370
LIMITS OF LIABILITY:
Bodily Injury by Accident $500,000 each accident
Bodily Injury by Disease $500,000 each employee
Body Injury by Disease $500,000 policy limit
DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS:
IMPORTANT:
The coverage described above is in effect as of the issue date of this certificate. It is subject to change
at any time in the future.
This certificate is Issued as a matter of Information only and confers no rights to the certificate holder.
This certificate does not amend, extend or alter the coverage afforded by the policies above. This
certificate does not constitute a contract between the Issuing insurer, authorized representative or
producer and the certificate holder.
AUTHORIZED REPRESENTATIVE
President and CEO
400 High Street SE
Satem, OR 97312
P: 800.285.8525
F: 503.373.8020
Policy_Batch Ced111cateotlmuance
OP ID: TMR
2014 )
CERTIFICATE OF LIABILITY INSURANCE 0 D1/08/
/2014
01/08
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s .
PRODUCER Phone: 541-245-1111 CONTACT
United Risk Solutions, Inc. NAME: Therese Rayburn
PO Box 936 Fax: 541-245-1112 PHONE .541-245-1111. ac Not: 541-245-1112
Medford, OR 97501-0067 aooaESS: therbse.raybum@unitedrisk.com
PRODUCER
CUSTOMER ID pAC108C
INSURERS AFFORDING COVERAGE NAIC q
INSURED Pacific Paving, Inc INSURERA: Western Natlonal Assurance Co 24465
PO Box 2370
White City, OR 97503 INSURER B:
INSURER C
INSURER D
NBU RER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR TYPE OF INSURANCE POLICYEFF POLICYEXP
POLICY NUMBER MM/DDNYYY MM/DD/YYYY LIMITS 1110 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY X CPP107021600 0312012013 03/2012014 PREMISES Fa occurrence $ 100,000
CLAIMS-MADE ❑X OCCUR MED EXP(Any one person) $ 5,000
PERSONAL B ADV INJURY 1,000,000
GENERAL AGGREGATE $ 2,000,00(
GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG $ 2,000,000
X POLICY PRO- LOO $
AUTOMOBILE LIABILITY COMBINED SINGLE UMFT $ 1,000,000
A X ANYAUTO CPPI06912800 03120/2013 0312012014 (Ea accident)
BODILY INJURY (Per person) $
ALLOWNEDAUTOS BODILY INJURY (Par accident) $
SCHEDULEDAUTOS
PROPERTY DAMAGE $
HIRED AUTOS (Per accident)
NON,OWNEDAUTOS $
UM BRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION WC STATU- OTH-
ANDEMPLOYERS'LIABILITY YIN TORYUMI ER
ANY PROPRIETOR/PARTNEWEXECUrIVE
OFFICER/MEMBER EXCLUDED? N/A E.L. EACH ACCIDENT $
(Mandator, In NH) E.L. DISEASE - EA EMPLOYE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) -
City of Ashland is hereby named as additional insured per form
WNGL39 (03/10)
CERTIFICATE HOLDER CANCELLATION
CITAS01
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
y ACCORDANCE WITH THE POLICY PROVISIONS.
Karl Olson Purchasing Rep -
90 N. Mountain Ave. AUTHORIZED REPRESENTATIVE
Ashland, OR 97520-2014
@ 1988.2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
WN GL 39 03 10
COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
.The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage
enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is
provided by this summary, refer to following endorsement for changes in your policy.
SUMMARY OF COVERAGES PAGE
Bodily Injury And Property Damage Liability
Non Owned Watercraft Up To 50 Feet 2
Property Damage Liability
Elevators 3
Fire, Lightning, Explosion Or Sprinkler Leakage Exception ..................................................3
Borrowed Equipment ($25,000 Per Occurrence, $50,000 Aggregate,
$2,500 Deductible Per Occurrence 3
Supplementary Payments - Amended
Bail Bonds Up To $5.000 3
Loss of Earnings Up To $500/Day .......................................................................................3
Who Is An Insured Amendments
Employee Bodily Injury To A Co-Employee 4
Newly Formed Or Acquired Organizations For Up To 180 Days 4
Blanket Additional Insured - Vendors - As Required By Contract 4
Blanket Additional Insured - Lessor Of Leased Equipment ..................................................5
Blanket Additional Insured - Managers Or Lessors Of Premises .........................................5
Blanket Additional Insured - State Or Governmental Agency Or Subdivision
Or Political Subdivision - Permits Or Authorizations .........................................................5
Blanket Additional Insured - State Or Governmental Agency Or Subdivision
Or Political Subdivision - Permits Or Authorizations Relating To Premises .......................5
Damage To Premises Rented To You - $300,000 .........................................................................5
Medical Payments Increased Limit - $10,000 Or Amount Shown on Declarations 6
Conditions
Knowledge of Accident, Claim, Suit Or Loss Amended ........................................................6
Unintentional Failure To Disclose Hazards 6
Waiver of Subrogation .........................................................................................................6
Bodily Injury Redefined To Include Mental Anguish ..........................................................................6
Insured Contract Amended ...........................:..................................................................................6
Personal And Advertising Injury Redefined
Televised, Videotaped Or Electronic Publication ..................................................................6
WN GL 39 03 10 includes copyrighted material of Insurance Services Office, with its permission Page 1 of 6
WNGL390310
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
This endorsement modifies the insurance provided under the following:
COMMERCIAL GENERAL LIABILITY 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 Commercial General Liability Coverage Form identified in this endorsement
will be amended as shown below.
SECTION I- COVERAGES AMENDMENTS (5) "Bodily injury"- or "property damage" arising
out of:
COVERAGE A - BODILY INJURY AND PROPERTY
DAMAGE LIABILITY (a) The operation of machinery or
equipment that is attached to, or part of,
A. Non Owned Aircraft Or Watercraft a land vehicle that would qualify under
definition of "mobile equipment" if it
Item 2. Exclusions, Paragraph g. is replaced by the the de were not subject to a compulsory or
following: financial responsibility law or other
g. Aircraft, Auto Or Watercraft motor vehicle insurance law in the state
"Bodily injury" or "property damage" arising out where it is licensed or .principally
garaged; or
of the . ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or (b) The operation of any of the machinery
watercraft owned or operated by or rented or or equipment listed in Paragraph f. (2)
loaned to any insured. Use includes operation or f. (3) of the definition of "mobile
and "loading or unloading". equipment".
This exclusion applies even if the claims against B. Damage To Property Coverage Extensions
any insured allege negligence or other
wrongdoing in the supervision, hiring, Item 2. Exclusions, Paragraph j. is replaced by the
employment, training or monitoring of others by following:
that insured, if the "occurrence" which caused j. Damage To Property
the "bodily injury" or "property damage" involved
in the ownership, maintenance, use or "Property damage" to:
entrustment to others of any aircraft, "auto" or (1) Property you own, rent, or occupy, including
watercraft that is owned or operated by or an costs or expenses
rented or loaned to an insured. Y incurred by you, or
any any other person, organization or entity, for
This exclusion does not apply to: repair, replacement, enhancement,
(1). A watercraft while ashore on remises restoration or maintenance of such property
premises You for any reason, including prevention of injury
own or rent; to a person or damage to another's
(2) A watercraft you do not own that is: property;
(a) Less than 50 feet long; and (2) Premises you sell, give away or abandon, if
(b) Not being used to the "property damage" arises out of any part
9 carry persons or of those premises;
property for a charge;
This Subparagraph (2) applies to any (3) Property loaned to you:
person, who with your expressed or implied (4) Personal property in the care, custody or
consent, either uses or is responsible for the control of the insured;
use of the watercraft; (5) That particular part of real property on which
(3) Parking an "auto" on, or on the ways next to, you or any contractors or subcontractors
premises you own or rent, provided the working directly or indirectly on your behalf
"auto" is not owned by or rented or loaned to are performing operations, if the "property
you or the insured; damage" arises out of those operations; or
(4) Liability assumed under any "insured (6) That particular part of any property that
contract" for the ownership, maintenance or must be restored, repaired or replaced
use of aircraft or watercraft; or because "your work" was incorrectly
performed on it.
WN GL 39 03 10 Includes copyrighted material of insurance Services Office, with Its permission Page 2 of 6
WN GL 39 03 10
Paragraphs (1), (3) and (4) of this exclusion do not C. Damage To Premises Rented To You
apply to "property damage" (other than damage by
fire, lightning, explosion or sprinkler leakage) to item 2. Exclusions, the last paragraph is replaced
premises, including the contents of such premises, by the following:
rented to you for a period of 7 or fewer consecutive Exclusions c. through n. do not apply to damage by
days. A separate .limit of insurance applies to fire, lightning, explosion or sprinkler leakage to
Damage To Premises Rented To You as described premises while rented to you or temporarily
in SECTION III - LIMITS OF INSURANCE. occupied by you with permission of the owner. A
However, the provisions of this paragraph do not separate limit of insurance applies to this coverage
apply if coverage for Damage To Premises Rented as described in Paragraph 6. of SECTION III -
To You is excluded by endorsement. LIMITS OF INSURANCE.
Paragraph (2) of this exclusion does not apply 'd the
premises are "your work" and were never occupied, COVERAGE B - PERSONAL AND ADVERTISING
rented or held for rental by you. INJURY LIABILITY
Paragraphs (3) and (4) of this exclusion do not apply D. Personal And Advertising injury
to the use of elevators. Item 2. Exclusions is amended by replacing
Paragraphs (3), (4), (5) and (6) of this exclusion do Sub-paragraphs b. and c. with the following:
not apply to liability assumed under a sidetrack b. Material Published With Knowledge Of
agreement. Falsity
Paragraph (4) of this exclusion does not apply to personal and advertising injury" out of
"property damage" to borrowed equipment while not oral, written, televised, videotaped or electronic
being used perform operations at the LIMITS S publication of material, if done by or at the
Subject to Paragraph 2. of SECTION III - LIMITS
OF INSURANCE, the rules below fix the most we direction of the insured with knowledge of its
falsity.
will pay for "property damage" under this provision:
(1) $25,000 any one "occurrence", regardless of the c. Material Published Prior To Policy Period
number of persons or organizations who sustain "Personal and advertising injury" arising out of
damages because of that "occurrence"; oral, written, televised, videotaped or electronic
(2) $50.000 annual aggregate; and publication of material whose first publication
took place before the beginning of the polity
(3) We will pay only for damages in excess of period.
$2.500 as a result of any one "occurrence",
regardless of the number of persons or SUPPLEMENTARY PAYMENTS - COVERAGES A
organizations who sustain damages because of AND B
that "occurrence". We may, or if required by E. Supplementary Payments -Coverages A and B
law, pay all or any part of any deductible
amount, if applicable, to effect settlement of any item 1. is amended by replacing Subparagraphs b.
claim or "suit". Upon notice of our payment of a and d. with the following:
deductible amount, you shall promptly reimburse
us for the part of the deductible amount we paid. b. Up to $5,000 for cost of bail bonds required
because of accidents or traffic law violations
Paragraph (6) of this exclusion does not apply to arising out of the use of any vehicle to which the
"property damage" included in the Bodily Injury Liability Coverage applies. We do
"products-completed operations hazard". not have to furnish these bonds.
The insurance provided for "property damage" from d. All reasonable expenses incurred by the insured
the use of elevators and for "property damage" to at our request to assist us in the investigation or
borrowed equipment is excess over any other valid defense of the claim or "suit", including actual
and collectible property insurance (including any loss of earnings up to $500 a day because of
deductible portion thereof) available to the insured time off from work:
whether primary, excess, contingent or on any other
basis.
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WN GL 39 03 10
SECTION 11- WHO IS AN INSURED AMENDMENTS d. Repackaging, except when unpacked solely
for the purpose of inspection,
A. Employee Bodily Injury To A Co-Employee demonstration, testing, or the substitution of
Paragraph 2. a. (1) Is replaced by the following: parts under instructions from the
manufacturer, and then repackaged in the
(1) "Bodily injury" or "personal and advertising original container;
injury":
(a) To you, to your partners or members (if you e. Any failure tt make such inspections,
adjustments, tests or servicing as the
are a partnership or joint venture), to your vendor has agreed to make or normally
members (if you are a limited liability undertakes to make in the usual course of
company), or to your other "volunteer business, in connection with the distribution
workers" while performing duties related to or sale of the products;
the conduct of your business; f. Demonstration, installation, servicing or
(b) For which there is any obligation to share repair operations, except such operations
damages with or repay someone else who performed at the vendor's premises in
must pay damages because of the injury connection with the sale of the product;
described in Paragraph (1) (a) above; or .
(c) Arising out of his or her failing 9• Products which, after distribution or sale by
9 providing or 9 you, have been labeled or relabeled or used
to provide professional health care services. as a container, part or ingredient of any
other thing or substance by or for the
B. Newly Acquired Organizations vendor; or
Paragraph 3. a. is replaced by the following: h. "Bodily injury or "property damage" arising
a. Coverage under this provision is afforded only out of the sole negligence of the vendor for
until the 180th day after you acquire or form the its own acts or omissions or those of its
organization or the end of the polity period, employees or anyone else acting on its
whichever is earlier; behalf. However, this exclusion does not
apply to:
The following are added:
(1) The exceptions contained in
C. Blanket Additional Insured - Vendors - As Subparagraphs d. or f.; or
Required By Contract
(2) Such inspections, adjustments, tests or
Section II - Who Is An Insured is amended to servicing as the vendor has agreed to
include as an additional insured any person(s) or make or normally undertakes to make in
organization(s) (referred to below as vendor) with the usual course of business, in
whom you have agreed in a written contract, connection with the distribution or sale
executed prior to loss, to name as an additional of the products.
insured, but only with respect to "bodily injury" or
"property damage" arising out of "your products" 2• This Provision C. does not apply:
which are distributed or sold in the regular course of a. To any insured person or organization from
the vendor's business, subject to the following whom you have acquired such products, or
additional exclusions: any ingredient, part or container, entering
1. The insurance afforded the vendor does not into, accompanying or containing such
apply to: products;
a. "Bodily injury' or "property damage" for b. To any vendor for which coverage as an
which the vendor is obligated to pay additional insured specifically is scheduled
damages by reason of the assumption of by endorsement; or
liability in a contract or agreement. This c. When liability included within the
exclusion does not apply to liability for "products-completed operations hazard" has
damages that the vendor would have in the been excluded for such product either by the
absence of the contract or agreement; provisions of the coverage part or by
b. Any express warranty unauthorized by you; endorsement.
c. Any physical or chemical change in the
product made intentionally by the vendor,
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WN GL 39 03 10
D. Blanket Additional Insured - Lessor Of Leased 2. This insurance does not apply to:
Equipment a. "Bodily injury", "property damage" or
1. Section II - Who Is An Insured is amended to "personal and advertising injury" arising out
include as an additional insured any person or of operations performed for the federal
organization from whom you lease equipment government, state or municipality; or
when you and such person or organization have b. "Bodily injury" or "property damage"
agreed in writing in a contract or agreement, included within the "products-completed
executed prior to loss, that such person or operations hazard".
organization be added as an additional insured
on your policy. Such person or organization is G. Blanket Additional Insured - State Or
an insured only with respect to liability for "bodily Governmental Agency Or Subdivision Or
injury", "property damage" or "personal and Political Subdivision - Permits Or Authorizations
advertising injury" caused, in whole or in part, by Relating To Premises
your maintenance, operation or use of Section 11 - Who Is An insured is amended to
equipment leased to you by such person or include as an insured any state or governmental
organization. agency or subdivision or political subdivision with
's or organization's status as an whom you have agreed in a written contract,
A person
additional insured under this endorsement ends executed prior to loss, to name as an additional
insured, subject to the following provision:
when their contract or agreement with you for
such leased equipment ends. This insurance applies only with respect to the
following hazards for which the state or
2. With respect to the insurance afforded to these governmental agency or subdivision or political
additional insureds, this insurance does not subdivision has issued a permit or authorization In
apply to any "occurrence" which takes place connection with premises you own, rent or control
after the equipment lease expires. and to which this insurance applies:
E. Blanket Additional Insured - Managers Or 1. The existence, maintenance, repair,
Lessors Of Premises construction, erection or removal of advertising
Section II -Who Is An insured is amended to signs, awnings, canopies, cellar entrances, coal
holes
include as an insured any person or organization , driveways, manholes, marquees, hoist
with whom you have agreed in a written contract, away openings, sidewalk vaults, street banners
or decorations and similar exposures; or
executed prior to loss, to name as an additional
insured, but only with respect to liability arising out of 2. The construction, erection or removal of
the ownership, maintenance or use of that part of elevators; or
the premises leased to you, subject to the following 3. The ownership, maintenance or use of any
additional exclusions: elevators covered by this insurance.
This insurance does not apply to:
1. Any "occurrence" which takes place after you SECTION III - LIMITS OF INSURANCE
cease to be a tenant in that premises. AMENDMENTS
2. Structural alterations, new construction or
demolition operations performed by or on behalf A. Damage To Premises Rented To You
of such additional insured. Paragraph 6. is replaced by the following:
F. Blanket Additional Insured - State Or 6. Subject to Paragraph S. above, the most we will
Governmental Agency Or Subdivision Or pay under Coverage A for damages because of
Political Subdivision - Permits Or Authorizations "property damage" to any one premises, while
Section 11 - Who Is An Insured is amended to rented to you, or in the case of damage by fire,
include as an insured any state or governmental lightning, explosion or sprinkler leakage, while
rented you
agency or subdivision or political subdivision with or temporarily occupied by you
whom you have agreed in a written contract, with permission of the owner is the greater of.,
executed prior to loss, to name as an additional a. $300,000; or
insured, subject to the following provisions:
b. The amount shown next to the Damage To
1. This insurance applies only with respect to Premises Rented To You Limit in the
operations performed by you or on your behalf Declarations.
for which the state or governmental agency or
subdivision or political subdivision has issued a However, the provisions of this paragraph do not
permit or authorization. , apply if Damage To Premises Rented To You
Coverage is excluded by endorsement.
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WN GL 39 03 10
B. Medical Expense Limit your policy, we will not deny coverage under
this Coverage Part because of such failure.
Paragraph 7. is replaced with the following: However, this provision does not affect our
right to collect additional premium or
7. Subject to Paragraph 5. above, the most we will exercise our right of cancellation or
pay under Coverage C for all medical expenses non-renewal.
because of "bodily injury" sustained by any one
person is the greater oh D. Waiver of Subrogation
a. $10,000: or SECTION IV - COMMERCIAL GENERAL
b. The amount shown next to the Medical LIABILITY CONDITIONS, S. Transfer of Rights of
Expense Limit in the Declarations. Recovery Against Others to Us is hereby
amended by the addition of the following:
This insurance does not apply if coverage for
Medical Expenses is excluded either by the We waive any right of recovery we may have
provisions of the coverage part or by because of payments we make for injury or damage
endorsement. arising out of your ongoing operations or "your work"
done under a written contract, executed prior to loss,
SECTION IV - COMMERCIAL GENERAL LIABILITY requiring such waiver with that person or
CONDITIONS AMENDMENTS organization and included in the
A. Knowledge Of Occurrence "products-completed operations hazard". However.
our rights may only be waived prior to the
Item 2. Duties In The Event Of Occurrence, "occurrence" giving rise to the injury or damage for
Offense, Claim or Suit is amended by adding the which we make payment under this Coverage Part.
following: The insured must do nothing after a loss to impair
e. You must give us or our authorized our rights. At our request, the insured will bring
representative prompt notice of an "occurrence", "suit" or transfer those rights to us and help us
claim or loss only when the "occurrence", claim enforce those rights.
or loss is known to:
(1) You, if you are an individual; SECTION V - DEFINITIONS AMENDMENTS
(2) A partner, If you are a partnership; A. Bodily Injury Redefined
(3) An executive officer or insurance manager, Paragraph 3. "Bodily injury" is replaced by the
if you are a corporation; or following:
(4) A member or manager, if you are a limited 3. "Bodily injury' means bodily injury, sickness or
liability company. y ry'
disease sustained by a person including death
B. Other Insurance resulting from any of these at any time. "Bodily
injury" includes mental anguish or other mental
Item 4. Other Insurance, b. Excess Insurance (1) Injury resulting from such bodily injury.
(a) (ii) is replaced by the following:
(11) That is fire, lightning, explosion or sprinkler B. Insured Contract Amended
leakage insurance for premises rented to you or Paragraph 9. a. is replaced by the following:
temporarily occupied by you with permission of a. A contract fora lease of premises. However,
the owner; that portion of the contract for a lease of
C. Unintentional Failure To Disclose Hazards premises that indemnifies any person or
organization for damage by fire, lightning,
Paragraph 6. Representations is replaced by the explosion or sprinkler leakage to premises while
following: rented to you or temporarily occupied by you
6. Representations And Unintentional Failure with permission of the owner is not an "insured
To Disclose Hazards contract;
a. By accepting this policy, you agree: C. Personal And Advertising Injury Redefined
(1) The statements in the Declarations are Paragraph 14. d. and e. are replaced by the
accurate and complete; following:
(2) Those statements are based upon d. Oral, written, televised, videotaped or electronic
. representations you made to us; and publication of material that slanders or libels a
person or organization or disparages a person's
(3) have issued this policy in reliance or organization's goods, products or service;
upon your representations.
up
/ e. Oral, written, televised, videotaped or electronic
b. If you unintentionally fail to disclose any publication of material that violates a person's
hazards existing at the inception date of right of privacy;
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