HomeMy WebLinkAboutCAG2020-008 - Change Order - #1 - RH2 Engineering, Inc. - West Hill Reservoir Design Services - 12/01/2020Agreement Routing Form
KENT For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)WasHrNcToN
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Originator:
Nancy Yoshitake for Drew Holcomb
Department:
Public Works
Date Sent:
12t1t20
Date Required
12t3t20
Authorized to Sign:
E Director or Designee E Mayor
Date of Council Approval:
N/A
Budget Account Number:
w20054
Budget? EYes ENo
Grant? EYes ENo
Type:
=.9+,G
ELorF
E*,Eo
EgoLgl
Vendor Name:
RH2 Engineering, lnc
Category:
Contract
Vendor Number:Sub-Category:
Change Order 1
Project Name:West Hill Reservoir
project Detaits,EXt€nd the time of completion
Agreement Amount, $0
Start Date: 12l1l2O
Basis for Selection of Contractor:
Termination Date:12t31t21
Local Business? EYes E No*
*lf meets requirements per KCC 3.70.100, please complete "Vendor Purchase-Local Exceptions" form on Cityspace.
Notice required prior to disclosure?
EYes E No
Contract Number:
cAG2020-008
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asagEiotr
.9vt
Date Received by City Attorney:Comments:
Date Routed to the Mayor's Office:
Date Routed to the City Clerk's Office:
ad(W22371 1 20 Visit Documents.KentWA.gov to obtain copies of all agreements
KENT
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR:
CONTRACT NAME & PROJECT NUMBER:
ORIGINAL AGREEMENT DATE :
RH2 Enoineerinq, Inc.
West Hill Reservoir
June 2O, 2O12
This Amendment is made between the City and the above-referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the pafties,
Consultant or Vendor's work is modified as follows:
1. Section I of the Agreement, entitled "Description of Work," is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any
prior Amendments, the Consultant or Vendor shall:
No change to the scope of work, however an amendment is
needed to extend the time of completion to December 31, 2O2L
due to the project will not be completed by the time of contract
completion.
2. The coniract amount ancj time ior periormance provisions oi Section Ii '.Time oi
^^--l^!:-- tl --) ---!:-- rtr \\^^--^-^-&i^- ,l ^-^
-^)?Ci^) -^ E^ll^..,-.LUIIlpteLtuil, dilu JeLLtult lll, r,ulilPgil5dLruil, dle ilruuliltru ds ruiluws.
Original Contract Sum,
including applicable WSST
$4s9,949
Net Change by Previous Amendments
including a pplicable WSST
$o
Current Contract Amount
including all previous amendments
$459,949
Current Amendment Sum $o
Applicable WSST Tax on this
Amendment
$o
Revised Contract Sum $459,949
AMENDMENT-1OF2
Original Time for Completion
(insert date)
12/3u20
Revised Time for Completion under
prior Amendments
(insert date)
nla
Addl Days Required (t) for this
Amendment
365 calendar days
Revised Time for Completion
(iqsert date)
12/31/21
The Consultant or Vendor accepts all requirements of this Amendment by signing below,
by its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or
affected by this Amendment, including, without limitation, claims related to contract time,
contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless
otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the
guarantee and warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDORT
By
(signature)
Print Name: GeoffrevG. Dillard. PE
r
DATE:@
CITY OF KENT:
By
Print Name: Carla Maloney, P.E.Its Desiqn Enqineering Manaqer
(titte)DATE: 12/ ll2O2O
ATTEST:
{,* &$n{o
Kent City Clerk
APPROVED AS TO FORMI
(applicable if Mayork signature required)
Kent Law Department
RH2 - West Hlll Reservoir 2 Amd 1/Holcomb
AMENDMENT-2OF2
CERTIFICATE OF LIABILITY INSURANCE DATE (MM'DD/YYYY)
0510612020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELYAMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTMCT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer riqhts to the certificate holder in lieu of such endosement(s).
PRODUCER
Sammamish lnsurance, lnc.
704 228th Ave NE, PMB 373
Sammamish wA 98074
Jona Bolin
(425) 898-8780 (425) 836-286s
JonaBolin@msn.com
INSURER{S) AFFORDING COVERAGE NAIC #
tNsuRERA: Ohio Security lnsurance Company 24082
INSURED
RH2 Engineering lnc
2272229t11Dr SE Ste 210
Bothell wA 98021
tNsuRER B : The Ohio Casualty lnsurance Company 24074
tNsuRER c : Continental Casualty Company 20443
INSURER D
INSURER E :
INSURER F :
COVERAGES CERTIFTCATENUMBER: C1205503609 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. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH 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 SHO\AA MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFF
IMMTDD/YYYYI
POLIGY EXP
IMM'DDTYYYYI LIMITSINSR
LTR TYPE OF INSURANCE tNst!u^/D POLICY NUMBER
e 2,000,000EACH OCCURRENCE
DAMAGT I(JKINItsU
PRFMISFS /Fa ^.fl rrcn.c\s 2,000,000
MED EXP (Anv one Derson)$ 15,000
PERSONAL & ADV INJTJRY $ 2,000,000
GENERALAGGREGATE $ 4,0oo,0oo
PRODIICTS - COMP/OPAGG $ 4,000,000
COMMERCIAL GENERAL LIABILITY
LIMITAPPLIES PER:
5E& l-1'o"
CLAIMS.MADE lXlo""r*
8,2557962270 05129t2020 05t2912021
Employers Liability $ 2,000,000
A
$ 1,000,000
BODILY INJURY (Per person)$
BODILY INJURY (Per accident)$
$
0512912020 05t29t2021
$
A
ANYAUTO
OVVNED
AUTOS ONLY
HIRED
SCHEDULED
AUTOS
NON-O\iIAIED
AUTOMOBILE LIABILITY
8AS57962270
EACH OCCURRENCE $ 2,000,000x
AGGRFGATF s 2,000,000
UMBRELLA LIAB
EXCESS LIAA
OCCUR
CLAIMS-MADE us057962270 0512912020 05t29t2021
$
B
DED 10,000
PERqTATI ITF OTH-FR
E.L. EACH ACCIDENT $
F I DISFASF.FAFMPI OYFF s
N/A
E.L. DISEASE - POLICY LIMIT I
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
lf yes, d€scribe under
DESCRIPTION OF OPERATIONS b€Iow
Y/N
3,000,000
5,000,000cProfessional Liability
Deductible $200,000 Per Claim AEH0043 1 232 1 05t29t2020 05t29t2021
Per Claim
Aggregate
DESCRTPTION OF OPERATTONS
'
LOCATTONS / VEHTCLES (ACORD l0l, Additional Remarft3 Schedule, may be aftached if more 3pece is Equired)
Tha nortifinalo h^l.lar ic namod ac addilinnal incrrrad autnmrlinallv when renrrired hv conlracl ner RP7996 /General I iahililv) end AC8501 lAlrto I iebilitvl
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
-/rz^.de7-
AUTHORIZEO REPRESENTATIVE
wA 98032Kent
City of Kent
400 West Gowe
@ 1988-2015 ACORD CORPOR^ATION. All rights ressrved.
The ACORD name and logo are registered marks of ACORDACORD 25 (20r6103)
BUSINESSOWNERS
BP 79 96 09 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
E Below is a summarization of the coverages provided by this endorsement. No coverages are given by this
E summary. Actual coverage descriptions are within this endorsement.
-
: sEcTtoN suBJEcT
--
: A. Supplementary Payments
-
Bail Bonds
-
Loss Of Earnings
-: B. Broadened Coverage For Damage To Premises Rented To You
-C. lncidental Medical Malpractice lnjury
D. Mobile Equipment
E. Blanket Additional lnsured (Owners, Contractors Or Lessors)
Newly Formed Or Acquired Organizations
Aggregate Limits
Duties ln The Event Of Occurrence, Offense, Claim Or Suit
Liabili$ And Medical Expenses Definitions
Bodily lnjury
lnsured Contract
Personal And Advertising lnjury
Section ll - Liability is amended as follows:
A. Supplementary Payments
Section A.1. BusinessLiability is modified asfollows:
1. The $250 limit shown in Paragraph A.1.f.(lxb) Coverage Extension - Supplementary Payments for the
cost of bail bonds is replaced by a $3,000 limit.
2. The $250 limit shown in Paragraph A.1.f.(1Xd) Goverage Extension - Supplementary Payments for
reasonable expenses and loss of earnings is replaced by a $500 limit.
B. Broadened Coverage For Damage To Premises Rented To You
1. The last paragraph of Section B.1. Exclusions - Applicable To Business Liability Coverage is replaced
by the following:
Wth respect to the premises which are rented to you or temporarily occupied by you with the permis-
sion of the owner, Exclusions c., d., e., 9., h., k., 1., m., n. and o. do not apply to "property damage".
F
G.
H
@ ZO1OLiberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.BP 79 96 09 16 Page 1 of 4
2. Paragraph D.2. Liability And Medical Expenses Limits Of lnsurance is replaced by the following:
The most we will pay under this endorsement for the sum of all damages because of all "property
damage" to premises while rented to you or temporarily occupied by you with the permission of the
owner is the Limit of lnsurance shown in the Declarations.
3. Paragraph D.3. Liability And Medical Expenses Limits Of lnsurance does not apply.
C. lncidental Medical Malpractice lnjury
1. Paragraph (4) under Paragraph 8.1j. Exclusions - Applicable To Business Liability Coverage - Profes-
sional Services does not apply to "lncidental Medical Malpractice lnjury" coverage.
2. \A/ith respect to this endorsement, the following is added to Section F. Liability And Medical Expenses
Definitions:
a. "lncidental Medical Malpractice lnjury" means bodily injury arising out of the rendering of or
failure to render, during the policy period, the following services:
(1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or
beverages in connection therewith; or
(21 The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances.
b. This coverage does not apply to:
(1) Expenses incurred by the insured for first-aid to others at the time of an accident and the
Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly.
(21 Any insured engaged in the business or occupation of providing any of the services described
under a. above.
(3) lnjury caused by any indemnitee if such indemnitee is engaged in the business or occupation
of providing any of the services described under a. above.
D. Mobile Equipment
Section G. Who ls An lnsured is amended to include any person driving "mobile equipment" with your
permission.
E. Blanket Additional lnsured (Ownerc, Gontractorc Or Lessors)
1. Section C. Who ls An lnsured is amended to include as an insured any person or organization whom
you are required to name as an additional insured on this policy under a written contract or written
agreement. The written contract or agreement must be:
a. Currently in effect or becoming effective during the term of this policy; and
b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury".
2. The insurance afforded to the additional insured is limited as follows:
a. The person or organization is only an additional insured with respect to liability arising out of:
(1) Real property, as described in a written contract or written agreement, you own, rent, lease,
maintain or occupy: and
(21 Caused in whole or in part by your ongoing operations performed for that insured.
b. The Limit of lnsurance applicable to the additional insured are those specified in the written
contract or written agreement or the limits available under this policy, as stated in the Declara-
tions, whichever are less. These limits are inclusive of and not in addition to the Limit of lnsurance
available under this policy.
c. The insurance afforded to the additional insured does not apply to:
(1) Liability arising out of the sole negligence of the additional insured;
(21 "Bodily injury", "property damage", "personal and advertising injury", or defense coverage
under the Supplementary Payments section of the policy arising out of an architect's, en-
gineer's or surveyor's rendering of or failure to render any professional services including:
@ 2016Liberty Mutual lnsurance
BP 79 96 09 I 6 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. Page 2 of 4
(a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field
orders, change orders, or drawings and specifications; and
(b) Supervisory, inspection, architectural orengineering activities.
(3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in
the Declarations; or
(4) Structural alterations, new construction or demolition operations performed by or for the
person or organization designated in the Declarations.
3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail-
able to the additional insured whether primary, excess, contingent or on any other basis unless a
contract specifically requires that this insurance be primary or you request that it apply on a primary
basis.
F. Newly Formed Or Acquired Organizations
The following is added to Section C. Who lsAn lnsured:
Any business entity acquired by you or incorporated or organized by you under the laws of any individual
state of the United States of America over which you maintain majority ownership interest exceeding fifty
percent. Such acquired or newly formed organization will qualify as a Named lnsured if there is no similar
insurance available to that entity. However:
1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or
incorporated or organized by you or the end of the policy period, whichever is earlier;
2. Section A.1. Business Liability does not apply to:
a. "Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated
or organized by you; and
b. "Personal and advertising injury" arising out of an offense committed before the entity was ac-
quired or incorporated or organized by you.
3. Records and descriptions of operations must be maintained by the first Named lnsured.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown as a Named lnsured in the Declarations.
G. Aggregate Limits
The following is added to Paragraph D.4. Aggregate Limits Liability and Medical Expenses Limits Of
lnsurance:
1. The Aggregate Limits apply separately to each of the "locations" owned by or rented to you or
temporarily occupied by you with the permission of the owner.
2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or
rented to you.
For the purpose of this endorsement only, "location" means premises involving the same or connect-
ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-
of-way of a railroad.
H. Duties ln The Event Of Occurrence, Offense, Glaim Or Suit
1. Paragraph E.2.a. Duties ln The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical
Expenses General Condition applies only when the "occurrence" is known to any insured listed in
Paragraph C.1. Who lsAn Insured or any "employee" authorized by you to give or receive notice of an
"occurrence" or claim.
2. Paragraph E.2.b. Duties ln The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical
Expenses General Condition will not be considered breached unless the breach occurs after such claim
or "suit" is known to any insured listed under Paragraph C.1. Who lsAn lnsured or any "employee"
authorized by you to give or receive notice of an "occurrence" or claim.
@ ZOllliberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office, lnc., with its permissionBP 79 96 09 16 Page 3 of 4
Section F. Liability And Medical Expenses Definitions is modified as follows:
1. Paragraph F.3. is replaced by the following:
3. "Bodily lnjury" means bodily injury, sickness, disease, or incidental medical malpractice injury
sustained by a person, and includes mental anguish resulting from any of these; and including
death resulting from any of these at any time.
2. Paragraph F.9. is replaced by the following:
9. "lnsured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of prem-
ises that indemnifies any person or organization for damage by fire to premises while rented
to you or temporarily occupied by you with permission of the owner is not an "insured
contract";
b. A sidetrack agreement;
c. Any easement or license agreement, except in connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an indem-
nification of a municipality in connection with work performed for a municipality) under which
you assume the tort liability of another party to pay for "bodily injury" or "property damage"
to a third person or organization, provided the "bodily injury" or "property damage" is
caused, in whole or in part, by you or by those acting on your behalf. However, such part of a
contract or agreement shall only be considered an "insured contract" to the extent your
assumption of the tort liability is permitted by law. Tort liability means a liability that would be
imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
r{l Thal indamnifiac a railraad fnr "hodilv inirrru" or "nronartv damAde" arisino out of con-tr, "'t-', r.-F-.-, --'..-v- -"_- s
struction or demolition operations, within 50 feet of any railroad property and affecting
any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing;
(21 That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin-
ions, reports, surveys, field orders, change orders or drawings and specifications; or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of
the injury or damage; or
(3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an
injury or damage arising out of the insured's rendering or failure to render professional
services, including those listed in (2) above and supervisory, inspection, architectural or
engineering aeiiviiies.
3. Paragraph F.14.b. Perconal And Advertising lnjury is replaced by the following:
b. Malicious prosecution or abuse of process;
o zot0Liberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office, lnc., with its permissionBP 79 96 09 16 Page 4 of 4
COMMERCIAL AUTO
AC 85 01 06 18
THIS ENDORSEMENT GHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE ENHANGEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified
by the endorsement.
lf the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement
Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in
that specified state.
COVERAGE INDEX
SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
AMENDED FELLOW EMPLOYEE EXCLUSION
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
BODILY INJURY REDEFINED
EMPLOYEES AS INSUREDS (lncluding Employee Hired Auto)
EXTRA EXPENSE - BROADENED COVERAGE
GLASS REPAIR - WAIVER OF DEDUCTIBLE
HIRED AUTO COVERAGE TERRITORY
HIRED AUTO PHYSICAL DAMAGE (lncluding Employee Hired Auto)
LOAN / LEASE GAP (Coverage Not Available ln New York)
NEWLY FORMED OR ACQUIRED SUBSIDIARIES
PARKED AUTO COLL|S|ON COVERAGE (WA|VER OF DEDUCTTBLE)
PERSONAL EFFECTS COVERAGE
PHYSICAL DAMAGE . ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM
PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT
RENTAL REIMBURSEMENT
SUPPLEMENTARY PAYMENTS
TOWNG AND LABOR
TRAILERS - INCREASED LOAD CAPACITY
TWO OR MORE DEDUCTIBLES
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US
SECTION I - COVERED AUTOS is amended as follows:
1. TRAILERS. INCREASED LOAD CAPACITY
The following replaces Paragraph C.l. Gertain Trailers, Mobile Equipment And Temporary Substitute
Autos of SEGTION I - COVERED AUTOS:
"Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads.
13
4
21
6
15
25
3
11
17
23
7
16
2
18
12
9
14
24
10
5
8
1
19
20
22
@ ZOll Liberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office lnc., with its PermissionAC 85 01 06 18 Page 1 of 7
SECTION ll - LIABILITY COVERAGE is amended as follows:
2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION ll - LIABILITY COVERAGE, Paragraph A.1. - Who ls An lnsured is amended to include the
following as an "insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the
policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.
However, "insured" does not include any organization that:
(1) ls a partnership or joint venture; or
(21 ls an "insured" under any other automobile policy except a policy written specificall y to apply
in excess of this policy; or
(3) Has exhausted its Limit of lnsurance or had its policy terminated under any other automobile
policy.
Coverage under this provision d. does not apply to "bodily injury" or "property damage" that
occurred before you acquired or formed the organization.
3. EMPLOYEES AS INSUREDS
SECTION ll - LIABILITY COVERAGE, Paragraph A.1. Who ls An lnsured is amended to include the
following as an "insured":
e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for
acts within the scope of their employment by you. lnsurance provided by this endorsement is
excess over any other insurance available to any "employee".
f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or
agreement in that "employee's" name, with your permission, while performing duties related to
the conduct of your business and within the scope of their employment. lnsurance provided by this
endorsement is excess over any other insurance available to the "employee".
4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION ll - LIABILITY COVERAGE, Paragraph A.1. Who ls An lnsured is amended to include the
following as an "insured":
g. Any person or organization with respect to the operation, maintenance or use of a covered "auto",
provided that you and such person or organization have agreed in a written contract, written
agreement, or permit issued to you by governmental or public authority, to add such person, or
organization, or governmentai or pubiic authority to ihis poiicy as an "insureci".
However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto";
(2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after
you executed the written contract or written agreement, or the permit has been issued to you;
and
(3) Only for the duration of that contract, agreement or permit.
The "insured" is required to submit a claim to any other insurer to which coverage could apply for
defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory
wording per enhancement number 24, this policy is excess over any other collectible insurance.
5. SUPPLEMENTARY PAYMENTS
SECTION ll - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs
(2) and (4) are replaced by the following:
(21 Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because
of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings
up to $500 a day because of time off from work.
@ zOlt Liberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office lnc., with its PermissionAC 85 0l 06 18 Page 2 oI 7
6. AMENDED FELLOW EMPLOYEE EXCLUSION
ln those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to
the employer by the workers compensation exclusivity rule, or similar protection, the following provi-
sion is added:
SECTION ll - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results
from the use of a covered "auto" you own or hire if you have workers compensation insurance in force
for all of your "employees" at the time of "loss".
This coverage is excess over any other collectible insurance.
SECTION lll - PHYSICAL DAMAGE COVERAGE is amended as follows:
7. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SEGTION lll - PHYSICAL DAMAGE COVERAGE, is amended by
adding the following:
lf hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of
Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you
own, then the Physical Damage coverages provided are extended to "autos":
a. You hire, rent or borrow; or
b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name,
but only if the damage occurs while the vehicle is being used in the conduct of your business,
subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; or
(21 The actual cash value of the damaged or stolen property as of the time of the "loss"; or
(3) The cost of repairing or replacing the damaged or stolen property with other property of like
kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that
coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide
coverage equal to the broadest coverage applicable to any covered "auto" you own.
d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the
hired "auto" if it results from an "accidenf', you are legally liable and the lessor incurs an actual
financial loss.
e. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or
l2l Any "auto" that is hired, rented or borrowed from your "employee" or any member of your
"employee's" household.
Coverage provided under this extension is excess over any other collectible insurance available at the
time of "loss".
8. TOWNG AND LABOR
SECTION Ill - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of
the following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto"
classified and rated as a private passenger type, "light truck" or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $75 per disablement.
b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross
vehicle weight (GV\ /) of 10,000 pounds or less.
c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that
have agross vehicle weight (GVW of 10,001 -20,000 pounds.
However, the labor must be performed at the place of disablement.
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9. PHYSICAL DAMAGE . ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
Paragraph A.4.a. Goverage Extensions, Transportation Expenses of SECTION lll - PHYSICAL DAMAGE
COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500.
10. RENTAL REIMBURSEMENT
SECTION lll - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of
an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under
Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex-
penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto."
b. Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases
may be substantially less than $75 per day, and will only be allowed for the period of time it should
take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of
30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and
replace your tools and equipment from the covered "auto". This limit is excess over any other
collectible insurance.
d. This coverage does not apply unless you have a business necessity that other "autos" available for
your use and operation cannot fill.
e. lf "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay
under this coverage only that amount of your rental reimbursement expenses which is not already
provided under Paragraph 4. Goverage Extension.
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other collectible insurance.
lf this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by
this Enhancement Endorsement is in addition to the coverage you purchased.
For the purposes of this endorsement provision, materials and equipment do not include "personal
effects" as defined in provision 12.8.
11. EXTRA EXPENSE. BROADENED COVERAGE
Under SECTION Ill - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of
returning astolen covered "auto" to you. The maximum amount we will pay is$1,000.
12. PERSONAL EFFECTS COVERAGE
A. SECTION lll - PHYSICAL DAMAGE COVERAGE, A. Goverage, is amended by adding the following:
lf you have purchased Comprehensive Coverage on this policy for an "auto" you own and that
"auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects"
stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.
B. SECTION V - DEFINITIONS is amended by adding the following:
For the purposes of this provision, "personal effects" mean tangible property that is worn or carried
by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi-
fiac
13. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION lll - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following:
lf you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss"
relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by
manufacturer's warrang. However, we agree to pay any deductible applicable to the other coverage or
warranty.
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14. PHYSICAL DAMAGE DEDUCTIBLE - VEHIGLE TRACKING SYSTEM
SECTION lll - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following:
Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss"
caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device
or a global position device and that device was the method of recovery of the vehicle.
15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
SECTION lll - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu-
sions 4.c. and 4.d. is deleted and replaced with the following:
Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de-
signed solely for the reproduction of sound, if the equipment is:
(1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a
housing unit that is permanently installed in the covered "auto"; and
(21 Designed to be solely operated by use from the power from the "auto's" electrical system; and
(3) Physical damage coverages are provided for the covered "auto".
lf the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with
this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property
will be reduced by a $100 deductible.
16. LOAN / LEASEGAP GOVERAGE (Not Applicable ln New York)
A. Paragraph G. Limit Of lnsurance of SEGTION lll - PHYSICAL DAMAGE COVERAGE is amended by
adding the following:
The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one
"accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is
subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date
of the "loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal
wear and tear;
c. Costs for extended warranties, Credit Life lnsurance, Health, Accident or Disability lnsur-
ance purchased with the loan or lease;
d. Transfer or rollover balances from previous loans or leases;
e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a
covered "auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement
or as a result of the early termination of any warranty or extended service agreement on a
covered "auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the "loss".
An adjustment for depreciation and physical condition will be made in determining the actual
cash value at the time of the "loss". This adjustment is not applicable in Texas.
B. Additional Conditions
This coverage applies only to the original loan for which the covered "auto" that incurred the
"loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss".
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C. SECTION V - DEFINITIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual
cash value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the
term of the loan, thereby requiring a large final payment.
17. GLASS REPAIR. WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SEGTION lll - PHYSICAL DAMAGE COVERAGE is amended by the addition
of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
18. PARKEDAUTO COLLISTON COVERAGE (WAIVER OF DEDUCTIBLE)
Paragraph D. Deductible of SEGTION lll - PHYSICAL DAMAGE GOVERAGE is amended by the addition
of the following:
The deductible does not apply to "loss" caused by collision to such covered "auto" of the private
passenger type or light weight truck with agross vehicle weight of 10,000 lbs. or less asdefined by the
manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. ln the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
The "loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered "auto" must exceed the deductible shown in the
Declarations.
This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or
organization engaged in the automobile business.
19. TWO OR MORE DEDUCTIBLES
Under SECTION lll - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage
forms apply to the same "accident", the following applies to Paragraph D. Deductible:
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or
b. lf the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be
reduced by the amount of the smaller (or smallest) deductible; or
c. lf the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or
smallest) deductible will be waived.
For the purpose of this endorsement, company means any company that is part of the Liberty Mutual
Group.
SEGTION lV - BUSINESS AUTO CONDITIONS is amended as follows:
20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION lV- BUSINESS AUTO CONDITIONS, Paragraph 8.2. is amended by adding the following:
lf you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep-
tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will
not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery,
and we have the right to collect additional premium for any such hazard or exposure.
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21. AMENDED DUTIES IN THE EVENT OFACCIDENT, CLAIM, SUIT, ORLOSS
SECTION lV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow-
ing:
a. ln the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
(1) You, if you are an individual;
(21 A partner, if you are a partnership;
(3) Member, if you are a limited liability company;
(4) An executive officer or the "employee" designated by the Named lnsured to give such notice, if
you are a corporation.
To the extent possible, notice to us should include:
(a) How, when and where the "accident" or "loss" took place;
(b) The "insureds" name and address; and
(c) The names and addresses of any injured persons and witnesses.
22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
SECTION lV - BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Rights Of Recovery Against
Others To Us, is amended by the addition of the following:
lf the person or organization has in a written agreement waived those rights before an "accident" or
"loss", our rights are waived also.
23. HIRED AUTO COVERAGE TERRITORY
SECTION lV - BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Goverage Territory, is
amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the
"insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United
States, the territories and possessions of the United States of America, Puerto Rico or Canada or in
a settlement we agree to.
This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a
driver.
24. PRIMARY AND NON.CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE-
MENT
The following is added to SECTION lV - BUSINESS AUTO CONDITIONS, General Gonditions, 8.5. Other
lnsurance and supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution
from any other insurance available to an "insured" under your policy provided that:
1. Such "insured" is a Named lnsured under such other insurance; and
2. You have agreed in a written contract or written agreement that this insurance would be primary
and would not seek contribution from any other insurance available to such "insured".
SECTION V - DEFINITIONS is amended as follows:
25. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS, Definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental
anguish, mental injury, shock, fright or death resulting from any of these at any time.
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