HomeMy WebLinkAboutCAG2021-017 - Original - L&S Tire Company - 2021 Recycling Events - 01/20/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget Account Number:
Budget? o Yes o No
Grant? o Yes o No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
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)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
CAG2021-017
GOODS & SERVICES AGREEMENT - 1
($20,000 or Less, incl. WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
L&S Tire Company
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and L&S Tire Company organized under the laws of the State of Washington, located
and doing business at 9215 39th Avenue SW, Lakewood, WA 98499, Phone: (253) 582-5556, Contact:
Steffeny Wallace-Jacobs (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
The Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Vendor shall provide tire collection services for two City of Kent 2021 Recycling Events.
For a description, see the Vendor's Scope of Work which is attached as Exhibit A and
incorporated by this reference.
The Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and
services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall
complete the work and provide all goods, materials, and services by November 30, 2021.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Five Thousand,
Five Hundred Dollars ($5,500), including applicable Washington State Sales Tax, for the goods, materials,
and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according
to the following schedule:
Vendor shall be paid per recycling event after submittal of invoice.
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
GOODS & SERVICES AGREEMENT - 2
($20,000 or Less, including WSST)
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from other sources, and the Vendor shall be liable to the City for
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement
price specified above. The City further reserves its right to deduct these additional costs
incurred to complete this Agreement with other sources, from any and all amounts due or to
become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which the Vendor’s
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained the
Vendor’s services, or the Vendor is engaged in an independently established trade,
occupation, profession, or business of the same nature as that involved under this
Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the Vendor’s
business, and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the
GOODS & SERVICES AGREEMENT - 3
($20,000 or Less, including WSST)
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for
that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must
complete the amended work; however, the Vendor may elect to protest the adjustment as provided in
subsections A through E of Section VIII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of delays related to any work, either
covered or affected by the change.
VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Vendor to restart any work or performance
that may have ceased, to change the work, or to take other action to secure the work or the project site
during the force majeure event. The cost to restart, change, or secure the work or project site arising from
a direction by the City under this clause will be dealt with as a change order, except to the extent that the
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the
Vendor.
VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination
by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to
the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the
claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts
or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed
GOODS & SERVICES AGREEMENT - 4
($20,000 or Less, including WSST)
to have been waived by the Vendor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items
1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or disruption
if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim. The City shall have access to any of the
Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor
warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and the Vendor’s representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have
known of the defect, or (2) upon the Vendor’s receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
GOODS & SERVICES AGREEMENT - 5
($20,000 or Less, including WSST)
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay
all costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates.
The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement.
XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then the Vendor
shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable
attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the
Vendor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the
Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or
other articles used or held for use in connection with the work.
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
GOODS & SERVICES AGREEMENT - 6
($20,000 or Less, including WSST)
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and
obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
VENDOR:
By
Pri nt Name hç
Its: 0?71 Ltr r4a,naÁ&(
DATE:o
CITY OF KENT:
By U.J û,
(signature)
Print Name: Chad Bieren, P.E.
Its: Interim Public Works Director
DATE:At å
IN WITNESS, the pârt¡es below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the autlrority of this Agreement.and.prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
L&S - R*ycling Êvenb 3/Donat¡
GOODS & SERVICES AGREEMENT - 7
($20,000 or Less, including WSST)
NOTICES TO BE SENT TO:
VENDOR:
Steffeny Wal lace-Jacobs
L&S Tire Company
9215 39th Avenue SW
Lakewood, WA 98499
(253) 582-5556 (telephone)
(253) 588-0809 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Chad Bieren, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5soo (telephone)
(253) 856-6s00 (facsimile)
ATTEST:
Kent City Clerk
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
f. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, th,,e prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Conti -actor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
M
For
Title:
Date: ®i �T•�
EEO COMPLIANCE DOCUMENTS - I of 3
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
@TIFìE COMPANY-'-'* Sfokrno,W6rhhgton--*_- TæEE,t¡fütrhgton -l)ecembet 8,2020'fony DonatiCity of Kent400 $t/est Gowe StKent, \[iA 98032Dear Tony:'l'hank you for Sving us the opportrrnity to bid the Clean-Lp Event scheduledfor Saturday, I\ilarch 6ú, 2021 and Saturday october l.6'h, 2a21,in Kent. Thepri.ing will be as follows for each 2021 event.'I'he price quote for our services is as follows:L&S will charge the City a flat fee of $1.?75_g!- to cover up to 300 passenger tireswithout rims and 100 passenger tfups on rim. Each additional tire beyond 400 willbe charges as follows: s2.25 per passenger tire without rim, $6.00 p", p*..ng",tire with rim- There is no limit to the number of tires that L&S will collect fromthe City. This is per event pricing.Sincerel¡k{.t,Ju¿-t\}dlí,{tSte ffeny S7allade-Jacob sOffice N{anager8ll9 North Regal StreetSpokane, WA 99217sff).464.0976509.¿f56.76679215 - 39h Avenue SWLakewood,WA 98499253-5825556253.588-0809Phone:Fax:Phone:Fax:EXHIBIT A
EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Contractor’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
2. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
2. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor’s
insurance and shall not contribute with it.
2. The Contractor’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
L&STIRE-01
CERTIFICATE OF LIABILITY INSURANCE
DATE (rvlM/DDI/YYY)
MATTER
TIVELYAFFIRMATIVELY
FICATE
ATIVE
THISHOLDER.TIFICA TEUPONTSCERTHEcoNNFERSRIGHoONTIONLANAOFINFORMATERTIFICASEDISSUASTHCES POLICIESTHEFORDEDBYEAFCOVERAGEALTHTEROREXTENDNEGAAMEND,ORDOESTENOTTIFICACER DAUTHORIZETHESSUNGINSURER(S)A TRACTCON BETWEENcoNNOTSTITUTEINScURANDOESEcTHISERTIoFBELOW
HOTE LDER.THEAND ERTIc ICAFPRODUCERORRESENTREP
beor endorsedONALTINSUREDhavemustADDIprovisionsNthederholantsDADONALSURED,policy(ies)rTtcertificatelftheANT:RTIMPO onAstatementendorsement.annutrecertaireqofthepoliciesmaytermsndconditionsstotheSUBROGATIONtfsWAIVED,ubject
of suchtnlieutheholdercertificatetonotdoesconfercertificatethis
838-351 1838-3501
PRODUCER
Sookane Office
PhvneWest lnsurance, lnc.
50i N. Riverpoint Blvd., Ste 403
Spokane, WA 99202
15377MB
D
E
INSURER F
L&STireCompany
81 '19 N. Regal, Bldg 5
Spokane, WA 99217
INSURED
toDPERPOLICYRTHEFONAMEDINSUREDABOVEISSUBEENDETHETOLISTEDHAVEELOWESINSURANCEOFFYTTHAETHPOLICrsTHISCERTITOTHISWHICHTOWTHRESPECTDOCUMOTHERENTFcoANYORNTRACTORDITIONcoNoTERMREQUIREMANYENTDINGNOTWTHSTANTED.NDICA TOECT THEALL TERMS,ISHEREIN SUBJPOLICITHEDESCRIBEDESBYAFFORDEDTHENSURANCEEORISSUEDPERTAIN,MAYBCATECERTIFIMA REDUC PAIBY CLAIMS.DHAVEMAYBEENPOLtcLIMITSES,SHO\ANcoNDOFDITIONSSUCHLUEXCANSIONS
LIMITSPOLICY NUMBERTYPE OF INSURANCE
X
1
X
1
12t81202112t8t2020PP 0013699 1BX
COIVIIVIERCIAL GENERAL LIABILITY
X
LIIMIT PER
LOCPRO-
JECT E
CLAIIVlS-MADE OCCUR
LI 1
X
XX
9t1t20219t1120201063215 09ANY AUTO
OVl/NED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
AUTOMOBILE LIABILITY
EACHUMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIIUS-MADE
DED RETENTION
EACH
DISEASE -
N/A
WORKERS COIiI PE NSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEI\i1BER EXCLUDED?
(tuandatory in NH)
describe under
/VEHICLES (ACORD 101, Additional Remarks Schedule, may be
insured as required by contract, per forms attached.
isattachedspace required)if moreLOCATIONS
Additional
City of Kent
400 West Gowe St
Kent, WA 98032
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN
ACCORDANCE WTH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
@988-20'15 ACORD CORPORATION. All rightsACORD 25 (2016103)
The ACORD name and logo are registered marks of ACORD
reserved
Western National Assurance Company
9706 4th Avenue NE, Ste 200
Seattle, WA 98115-2162
www.wnins.com
Policy Number: CPP 0013699 18
RENEWAL DECLARATION
Named Insured:
L & S TIRE COMPANY
FORMS AND ENDORSEMENTS SCHEDULE
Coverage Line Form Number Ed. Date
Description
Commercial Fire
IL0123
(11/13)
WA Changes - Defense Costs
Commercial Fire
IL0146
(08/10)
WA Common Policy Conditions
Commercial Fire
IL0157
(07/02)
WA Changes Actual Cash Value
Commercial Fire
IL0935
(07/02)
Excl of Certain Computer Relat
Commercial Fire
IL0952
(01/15)
Cap on Losses from CAT
Commercial Fire
IL0983
(01/08)
WA Amendment of Terrorism Excl
Commercial Fire
IL0995
(01/07)
Conditional Excl of Terrorism
Commercial Fire
CP0010
(10/12)
Bldg and Pers Prop Cvg Form
Commercial Fire
CP0030
(10/12)
Business Income Cvg Form (&EE)
Commercial Fire
CP0090
(07/88)
Commercial Property Conditions
Commercial Fire
CP0126
(10/12)
WA Changes
Commercial Fire
CP0140
(07/06)
Excl Loss due to Virus or Bact
Commercial Fire
CP0160
(12/98)
WA Chgs-Domestic Abuse
Commercial Fire
CP0179
(10/12)
WA Changes-Excl Causes of Loss
Commercial Fire
CP1030
(10/12)
Cause of Loss - Special Form
Commercial Fire
CP1220
(10/12)
Loss Payable Provisions - WA
Commercial Fire
WNCP01
(08/19)
Property Enhancement Endt
Commercial Fire
WNCP08
(10/16)
Equipment Breakdown Coverage
Commercial Fire
WNCP10
(10/16)
Equipment Breakdown Schedule
Commercial Fire
WNCP15
(10/16)
WA Amendatory Endorsement
General Liability
IL0123
(11/13)
WA Changes - Defense Costs
General Liability
IL0146
(08/10)
WA Common Policy Conditions
General Liability
IL0198
(09/08)
Nuclear Energy Liab Excl Endt
General Liability
CG0001
(04/13)
Comml Gen Liab Coverage Form
General Liability
CGO197
(12/07)
WA Chgs-Empl-Related Practices
General Liability
CG0435
(12/07)
Employee Benefits Liab Co
General Liability
CG0442
(11/03)
Stop Gap -Employers Liab-WA
General Liability
CG0450
(05/08)
WA Changes - Who Is An Insured
General Liability
CG2106
(05/14)
Excl-Access or Disclosure
General Liability
CG2109
(06/15)
Exclusion -Unmanned Aircraft
General Liability
CG2116
(04/13)
Excl-Designated Prof Service
General Liability
CG2149
(09/99)
Total Pollution Excl Endorse
General Liability
CG2160
(09/98)
Excl-Yr 2000 Computer Rel & Ot
General Liability
CG2171
(01/15)
Excl Oth Acts Terr Outside US
General Liability
CG2176
(01/15)
Excl Punitive Damages
General Liability
CG2186
(12/04)
Excl-Exterior Insul & Fin Sys
General Liability
CG2426
(04/13)
Amendment of Ins. Contract Def
General Liability
CG2677
(12/04)
WA -Fungi or Bacteria Exclusion
General Liability
CG3220
(01/15)
WA-Cond Excl of Terrorism
General Liability
WNGL02
(07/10)
Punitive Damages Exclusion
General Liability
WNGL10
(01/04)
Excl-Lead Liability Endt
General Liability
WNGL15
(12/16)
Exclusion -Asbestos
General Liability
WNGL21
(07/14)
Abuse or Molestation Excl
General Liability
WNGL39
(08/18)
Comm Gen Liab Enhancement Endt
General Liability
WNGL49
(07/15)
Addl Insd-Own, Less, Cont-Auto
Issued Date: 12/08/2020
WN IL 26 07 07 AGENT COPY Page 12 of 12
Western National Mutual Insurance Company
4700 West 77th Street
Edina, MN 55435
www.wnins.com
Policy Number: CPP 1063215 09
RENEWAL DECLARATION
Named Insured:
L & S TIRE COMPANY
FORMS AND ENDORSEMENTS SCHEDULE
Coverage Line Form Number Ed. Date
Description
Commercial
Auto
IL0123
(11/13)
WA Changes - Defense Costs
Commercial
Auto
IL0146
(08/10)
WA Common Policy Conditions
Commercial
Auto
IL0198
(09/08)
Nuclear Energy Liab Excl Endt
Commercial
Auto
WNIL02
(07/07)
Endorsement
Commercial
Auto
CA0001
(10/13)
Business Auto Coverage Form
Commercial
Auto
CA0135
(10/13)
WA Changes
Commercial
Auto
CA2001
(10/13)
Lessor AI & LP
Commercial
Auto
CA2134
(10/13)
Washington Underinsured Motor
Commercial
Auto
CA2392
(10/13)
WA -Exclusion of Terrorism
Commercial
Auto
CA9903
(10/13)
Auto Medical Payments Coverage
Commercial
Auto
CA9989
(05/01)
WA Loss Payable Form
Commercial
Auto
MCS90
(04/00)
Motor Carrier Filing
Commercial
Auto
WNCA11
(07/10)
Punitive Damage Exclusion
Commercial
Auto
WNCA27
(06/16)
Business Auto Enhancement Endt
Commercial
Auto
WNCA43
(06/16)
Abuse Or Molestation Exclusion
Commercial
Auto
WNCA72
(12/16)
Exclusion - Asbestos
Commercial
Auto
WNCA73
(03/20)
Choice of Law
Issued Date: 08/31/2020
WN IL 26 07 07 AGENT COPY Page 11 of 11
COMMERCIAL GENERAL LIABILITY
WN GL 49 07 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WN GL 49 07 15 Page 1 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
PRIMARY AND NONCONTRIBUTORY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II – Who Is An Insured 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
organization 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 additional insured are complet-
ed.
However:
1. The insurance afforded to such additional in-
sured only applies to the extent permitted by
law; and
2. If 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 Page 2 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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. With respect to the insurance afforded to these
additional insureds, the following is added to Sec-
tion III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is:
1. The minimum amount required by the contract
or agreement; or
2. The Limits of Insurance shown in the Declara-
tions;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
D. The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
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:
(1) The additional insured is a Named Insured
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.
COMMERICAL GENERAL LIABILITY
WN GL 39 08 18
WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 1 of 10
COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en -
hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro -
vided 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 ................................................................................................... 4
• Loss of Earnings Up To $500/Day ..................................................................................... 4
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 .................................................. 6
• Blanket Additional Insured – Managers Or Lessors Of Premises .......................................... 6
• Blanket Additional Insured – State Or Governmental Agency Or Subdivision
Or Political Subdivision – Permits Or Authorizations ......................................................... 7
• Blanket Additional Insured – State Or Governmental Agency Or Subdivision
Or Political Subdivision – Permits Or Autho rizations Relating To Premises ........................ 8
Damage To Premises Rented To You – $300,000 ......................................................................... 9
Medical Payments Increased Limit – $10,000 Or Amount Shown on Declarations ........................... 9
Conditions
• Knowledge of Occurrence, Offense, Claim Or Suit Amended ............................................... 9
• Unintention al Failure To Disclose Hazards ......................................................................... 9
• Waiver of Subrogation ..................................................................................................... 10
Insured Contract Amended .......................................................................................................... 10
Personal And Advertising Injury Redefined
• Televised, Videot aped Or Electronic Publication ............................................................... 10
COMMERCIAL GENERAL LIABILITY
WN GL 39 08 18
WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 2 of 10
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
COVERAGE A – BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
A. Non Owned Aircraft Or Watercraft
Item 2. Exclusions, Paragraph g. is replaced by the
following:
g. Aircraft, Auto Or Watercraft
“Bodily injury” or “property damage” arising out of
the ownership, maintenance, use or entrust ment
to others of any aircraft, “auto” or watercraft
owned or operated by or rented or loaned to any
insured. Use includes operation and “loading or
unloading”.
This exclusion applies even if the claims against
any insured allege negligence or other wrong -
doing in the supervision, hiring, employment,
training or monitoring of others by that insured, if
the “occurrence” which caused the “bodily injury”
or “property damage” involved in the ownership,
maintenance, use or entrustment to others of any
aircraft, “auto” or watercraft that is owned or
operated by or rented or loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 50 feet long; and
(b) Not being used to carry persons or prop -
erty for a charge;
This Subparagraph (2) applies to any person,
who with your expressed or implied consent,
either uses or is responsible for the use of the
watercraft;
(3) Parking an “auto” on, or on the ways next to,
premises you own or rent, provided the “auto”
is not owned by or rented or loaned to you or
the insured;
(4) Liability assumed under any “insured con -
tract” for the ownership, maintenance or use
of aircraft or watercraft; or
(5) “Bodily injury” or “property damage” arising
out of:
(a) The operation of machinery or equipment
that is attached to, or part of, a land
vehicle that would qualify under the
definition of “mobile equipment” if it were
not subject to a compulsory or financial
responsibility law or other motor vehicle
insurance law where it is licensed or
principally garaged; or
(b) The operation of any of the machinery or
equipment listed in Paragraph f. (2) or f.
(3) of the definition of “mobile equip -
ment”.
B. Damage To Property Coverage Extensions
Item 2. Exclusions, Paragraph j. is replaced by the
following:
j. Damage To Property
“Property damage” to:
(1) Property you own, rent, or occupy, including
any costs or expenses incurred by you, or
any other person, organization or entity, for
repair, replacement, enhancement, restora -
tion or maintenance of such property for any
reason, including prevention of injury to a
person or damage to another’s property;
(2) Premises you sell, give away or abandon, if
the “property damage” arises out of any part
of those premises;
WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 3 of 10
(3) Property loaned to you;
(4) Personal property in the care, custody or con-
trol of the insured;
(5) That particular part of real property on which
you or any contractors or subcontractors
working directly or indirectly on your behalf
are performing operations, if the “property
damage” arises out of those operations; or
(6) That particular part of any property that must
be restored, repaired or replaced because
“your work” was incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not
apply to “property damage” (other than damage by
fire, lightning, explosion or sprinkler leakage) to
premises, including the contents of such premises,
rented to you for a period of seven or fewer
consecutive days. A separate limit of insurance
applies to Damage To Premises Rent ed To You as
described in SECTION III – LIMITS OF INSURANCE .
However, the provisions of this paragraph do not
apply if coverage for Damage To Premises Rented To
You is excluded by endorsement.
Paragraph (2) of this exclusion does not apply if the
premises are “your work” and were never occupied,
rented or held for rental by you.
Paragraphs (3) and (4) of this exclusion do not apply
to the use of elevators.
Paragraphs (3), (4), (5) and (6) of this exclusion do
not apply to liability assumed under a sidetrack
agreement.
Paragraph (4) of this exclusion does not apply to
“property damage” to borrowed equipment while not
being used to perform operations at the jobsite.
Subject to Paragraph 2. of SECTION III – LIMITS OF
INSURANCE, the rules below fix the most we will pay
for “property damage” under this provision:
(1) $25,000 any one “occurrence”, regardless of the
number of persons or organizations who sustain
damages because of that “occurrence”;
(2) $50,000 annual aggregate; and
(3) We will pay only for damages in excess of $2,500
as a result of any one “occurrence”, regardless of
the number of persons or organizations who
sustain damages because of that “oc currence”.
We may, or if required by law, pay al l or any part
of any deductible amount, if applicable, to effect
settlement of any claim or “suit”. Upon notice of
our payment of a deductible amount, you shall
promptly reimburse us for the part of the
deductible amount we paid.
Paragraph (6) of this ex clusion does not apply to
“property damage” included in the “products -com -
pleted operations hazard”.
The insurance provided for “property damage” from
the use of elevators and for “property damage” to
borrowed equipment is excess over any other valid
and collectible property insurance (including any de -
ductible portion thereof) available to the insured
whether primary, excess, contingent or on any other
basis.
C. Damage To Premises Rented To You
Item 2. Exclusions, the last paragraph is replaced by
the following:
Exclusions c. through n. do not apply to damage by
fire, lightning, explosion or sprinkler leakage to
premises while rented to you or temporarily occupied
by you with permission of the owner. A separate limit
of insurance applies to this coverage as described in
Paragraph 6. of SECTION III – LIMITS OF
INSURANCE.
COVERAGE B – PERSONAL AND ADVERTISING
INJURY LIABILITY
D. Personal And Advertising Injury
Item 2. Exclusions is amended by replacing Sub-
paragraphs b. and c. with the following:
b. Material Published With Knowledge Of Falsity
“Personal and advertising injury” arising out of
oral, written, televised, videotaped or electronic
publication, in any manner, of material, if done by
or at the direc tion of the insured with knowledge
of its falsity.
c. Material Published Prior To Policy Period
“Personal and advertising injury” arising out of
oral, written, televised, videotaped or electronic
publication, in any manner, of material whose first
publication took place before the beginning of the
policy period.
SUPPLEMENTARY PAYMENTS – COVERAGES A
AND B
E. Supplementary Payments – Coverages A and B
Item 1. is amended by replacing Subparagraphs b.
and d. with the following:
b. Up to $5,000 for cost of bail bonds required be -
cause of accidents or t raffic law violations aris ing
out of the use of any vehicle to which the Bodily
Injury Liability Coverage applies. We do not have
to furnish these bonds.
d. All reasonable expenses incurred by the insured
at our request to assist us in the investigation or
defense of the claim or “suit”, including actual loss
of earnings up to $500 a day because of time off
from work.
WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 4 of 10
SECTION II – WHO IS AN INSURED AMENDMENTS
A. Employee Bodily Injury To A Co -Employee
Paragraph 2. a. (1) is replaced by the following:
However, none of these “employees” or “volunteer
workers” are insureds for “bodily injury” or “personal
and advertising injury”:
(a) To you, to your partners or members (if you are a
partnership or joint venture), to your members (if
you are a limited liability company), to a co-
“employee” while in the course of his or her
employment or performing duties related to the
conduct of your business, or to your other
“volunteer workers” while performing duties
related to the conduct of your business;
(b) To the spouse, child, parent, brother or sister of
the co-“employee” or “volunteer worker” as a
consequence of Paragraph (1)(a) above;
(c) For which there is any obligation to share
damages with or repay someone else who must
pay damages because of the injury described in
Paragraph (1)(a) or (b) above; or
(d) Arising out of his or her providing or failing to
provide professional health care services.
However, if a suit seeking damages for “bodily injury”
or “personal and advertising injury” to any co-
“employee” or other ”volunteer worker” arising out of
and in the course of the co-“employee’s” or “volunteer
worker’s” employment or while performing duties
related to the conduct of your business, or a suit
seeking damages brought by t he spouse, child,
parent, brother or sister of the co-“employee” or other
“volunteer worker”, is brought against you or a co-
“employee” or a “volunteer worker”, we will reimburse
the reasonable costs that you incur in providing a
defense to the co-“employee” or “volunteer worker”
against such matters. Any reimbursement made
pursuant to this sub-section will be in addition to the
limits of liability set forth in the Declarations.
B. Newly Acquired Organizations
Paragraph 3. a . is replaced by the following:
a. Coverage under this provision is afforded only
until the 180th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
The following are added:
C. Blanket Additional Insured – Vendors – As Re -
quired By Contract
1. Section II – Who Is An Insured is amended to
include as an additional insured any person(s) or
organization(s) (referred to throughout this
endorsement as vendor) with whom you have
agreed in a written contract, executed prior to
loss, to name as an additional insured, but only
with respect to "bodily injury" or "property
damage" arising out of "your products" which are
distributed or sold in the regular course of the
vendor's business .
However,
a. The insurance afforded to such vendor only
applies to the extent permitted by law; and
b. If coverage provided to the vendor is required
by a contract or agreement, the insurance
afforded to such vendor will not be broader
than that which you are required by the
contract or agreement to provide for s uch
vendor.
2. With respect to the insurance afforded to these
vendors, the following additional exclusions
apply:
a . The insurance afforded the vendor does not
apply to:
(1) "Bodily injury" or "property damage" for
which the vendor is obligated to pay dam -
ages by reason of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the vendor would have in
the absence of the contract or
agreement;
(2) Any express warranty unauthorized by
you;
(3) Any physical or chemical change in the
product made intentionally by the vendor;
(4) Repackaging, except when unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under instructions
from the manufacturer, and then
repackaged in the original container;
WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 5 of 10
(5) Any failure to make such inspections,
adjust ments, tests or servicing as the
vendor has agreed to make or normally
undertakes to make in the usual course
of business, in connection with the
distribution or sale of the products;
(6) Demonstration, installation, servicing or
repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
(7) Products which, after distribution or sale
by you, have been labeled or relabeled or
used as a container, part or ingredient of
any other thing or substance by or for the
vendor; or
(8) "Bodily injury or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i ) The exceptions contained in
Subparagraphs (4) or (6); or
(ii) Such inspections, adjustments, tests
or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
3. This Provision C. does not apply:
a. To any insured person or organization from
whom you have acquired suc h products, or
any ingredient, part or container, entering
into, accompanying or containing such
products;
b. To any vendor for which coverage as an addi -
tional insured specifically is scheduled by
endorsement; or
c. When liability included within the "products -
completed operations hazard" has been ex -
cluded for such product either by the provi -
sions of the coverage part or by endorse -
ment.
4. With respect to the insurance afforded to these
vendors, the following is added to Section III –
Limits Of I nsurance :
If coverage provided to the vendor is required by
a contract or agreement, the most we will pay on
behalf of the vendor is:
a . The minimum amount required by the
contract or agreement; or
b. The Limits of Insurance s hown in the
Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
5. With respect to the insurance afforded to these
additional insureds, the following additional
exclusion applies:
This insurance does not apply to:
a . "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of the rendering of, or the failure to render,
any professional architectural, engineering or
surveying services, including:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against an additional insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training
or monitoring of others by that insured, if
the “occurrence” which caused the
“bodily injury” or “property damage”, or
the offense whic h caused the “personal
and advertising injury”, involved the
rendering of or failure to render any
professional services by you with respect
to your providing engineering,
architectural or surveying services in
your capacity as an engineer, architect or
surveyor.
WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 6 of 10
D. Blanket Additional Insured – Lessor Of Leased
Equipment
1. Section II – Who Is An Insured 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 writing in a contract or agreement,
executed prior to loss, that such person(s) or
organization(s) be added as an additional insured
on your policy. Such person(s ) or organization(s)
is an insured only with respect to liability for
"bodily injury", "property damage" or "personal
and advertising injury" caused, in whole or in part,
by your maintenance, operation or use of
equipment leased to you by such person(s) or
organization(s).
However, the insurance afforded to such
additional insured:
a . Only applies to the extent permitted by law;
and
b. Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
A person's or organization's status as an addi -
tional insured under this endorsement ends when
their contract or agreement with you for such
leased equipment ends.
2. With respect to the insurance afforded to these
additional insureds, this insurance does not ap ply
to any "occurrence" which takes place after the
equipment lease expires.
3. With respect to the insurance afforded t o these
additional insureds, the following is added to
Section III – Limits Of Insurance :
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is:
a . The minimum amount required by the
contract or agreement; or
b. The Limits of Insurance shown in the
Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
4. With respect to the insurance afforded to these
additional insureds, the following additional
exclusion applies:
This insurance does not apply to:
a . "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of the rendering of, or the failure to render,
any professional architectural, engineering or
surveying services, including:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against an additional insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training or
monitoring of others by that insured, if the
“occurrence” which caused the “bodily injury”
or “property damage”, or the offense which
caused the “personal and advertising injury”,
involved the rendering of or failure to render
any professional services by you with respect
to your providing engineering, architectural or
surveying services in your capacity as an
engineer, architect or surveyor.
E. Blanket Additional Insured – Managers Or Les-
sors Of Premises
1. Section II – Who Is An Insured is amended to
include as an additional insured any person(s) or
organization(s) with whom you have agreed in a
written contract, executed prior to loss, to name
as an additional insured, but only with respect to
liability arising out of the ownership, maintenance
or use of that part of the premises leased to you,
subject to the following additional exclusions:
This insurance does not apply to:
a . Any "occurrence" which takes place after you
cease to be a tenant in that premises.
b. Structural alterations, new construction or
demolition operations performed by or on
behalf of such additional insured.
WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 7 of 10
However:
a . The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
2. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance :
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is:
a . The minimum amount required by the
contract or agreement; or
b. The Limits of Insurance shown in the
Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
3. With respect to the insurance afforded to these
additional insureds, the following additional
exclusion applies :
This insurance does not apply to:
a . "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of the rendering of, or the failure to render,
any professional architectural, engineering or
surveying services, including:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against an additional insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training or
monitoring of others by that insured, if the
“occurrence” which caused the “bodily injury”
or “property damage”, or the offense which
caused the “personal and advertising injury”,
involved the rendering of or failure to render
any professional services by you with respect
to your providing engineering, architectural or
surveying services in your capacity as an
engineer, architect or surveyor.
F. Blanket Additional Insured – State Or
Governmental Agency Or Subdivision Or Politi cal
Subdivision – Permits Or Authorizations
Section II – Who Is An Insured is amended to in-
clude as an additional insured any state or
governmental agency or subdivision or political
subdivision with whom you have agreed in a written
contract, executed prior to loss, to name as an
additional insured, subject to the following provisions:
1. This insurance applies only with respect to op -
erations performed by you or on your behalf for
which the state or governmental agency or sub -
division or political subdivisi on has issued a
permit or authorization.
However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
2. This insurance does not apply to:
a. "Bodily injury", "property damage" or "per-
sonal and advertising injury" arising out of op-
erations performed for the federal govern -
ment, state or municipality; or
b. "Bodily injury" or "property damage" included
within the "products -completed operations
hazard".
3. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance :
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is :
a . The minimum amount required by the
contract or agreement; or
b. The Limits of Insurance shown in the
Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 8 of 10
4. With respect to the insurance afforded to these
additional insureds, the following additional
exclusion applies :
This insurance does not apply to:
a . "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of the rendering of, or the failure to render,
any professional architectural, engineering or
surveying services, including:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against an additional insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training or
monitoring of others by that insured, if the
“occurrence” which caused the “bodily injury”
or “property damage”, or the offense which
caused the “personal and advertising injury”,
involved the rendering of or failure to render
any professional services by you with respect
to your providing engineering, architectural or
surveying services in your capacity as an
engineer, architect or surveyor.
G. Blanket Additional Insured – State Or
Governmental Agency Or Subdivision Or Politi cal
Subdivision – Permits Or Authorizations Re lating
To Premises
Section II – Who Is An Insured is amended to in-
clude as an additional insured any state or
governmental agency or subdivision or political
subdivision with whom you have agreed in a written
contract, executed prior to loss, to name as an
additional insured, subject to the following provision:
1. This insurance applies only with respect to the fol -
lowing hazards for which the state or
governmental agency or subdivision or political
subdivision has is sued a permit or authorization
in connection with premises you own, rent or
control and to which this insurance applies:
a . The existence, maintenance, repair,
construc tion, erection or removal of
advertising signs, awnings, canopies, cell ar
entrances, coal holes, driveways, manholes,
marquees, hoist away openings, sidewalk
vaults, street banners or decorations and
similar exposures; or
b. The construction, erection or removal of
elevators; or
c. The ownership, maintenance or use of any
elevators covered by this insurance.
However,
a . The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
2. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance :
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is:
a . The minimum amount required by the
contract or agreement; or
b. The Limits of Insurance shown in the
Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
3. With respect to the insurance afforded to these
additional insureds, the following additional
exclusion applies:
This insurance does not apply to:
a . "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of the rendering of, or the failure to render,
any professional architectural, engineering or
surveying services, including:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 9 of 10
This exclusion applies even if the claims
against an additional insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training or
monitoring of others by that insured, if the
“occurrence” which caused the “bodily injury”
or “property damage”, or the offense which
caused the “personal and advertising injury”,
involved the rendering of or failure to render
any professional services by you with respect
to your providing engineering, architectural or
surveying services in your capacity as an
engineer, architect or surveyor.
SECTION III – LIMITS OF INSURANCE AMENDMENTS
A. Damage To Premises Rented To You
Paragraph 6. is replaced by the following:
6. Subject to Paragraph 5. above, the most we will
pay under Coverage A for damages because of
“property damage” to any one premises, while
rented to you, or in the case of damage by fire,
lightning, ex plosion or sprinkler leakage, while
rented to you or temporarily oc cupied by you with
permis sion of the owner is the greater of:
a. $300,000; or
b. The amount shown next to the Damage To
Premises Rented To You Limit in the Decla-
rations.
However, the provisions of this paragraph do not
apply if Damage To Prem ises Rented To You
Coverage is excluded by endorsement.
B. Medical Expense Limit
Paragraph 7. is replaced with the following:
7. Subject to Paragraph 5. above, the most we will
pay under Coverage C for all medical expenses
because of “bodily injury” sustained by any one
person is the greater of:
a. $10,000; or
b. The amount shown next to the Medical Ex -
pense Limit in the Declarations.
This insurance does not apply if coverage for
Medical Expenses is excluded either by the pro -
visions of the coverage part or by endorsement.
SECTION IV – COMMERCIAL GENERAL LIABILITY
CONDITIONS AMENDMENTS
A. Knowledge Of Occurrence
Item 2. Duties In The Event Of Occurrence, Of-
fense, Claim or Suit is amended by adding the fol -
lowing:
e. You must give us or our authorized representa -
tive prompt notice of an “occurrence”, claim or
loss only when the “occurrence”, claim or loss is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) An executive officer or insurance manager, if
you are a corporation; or
(4) A member or manager, if you are a limited
liability company.
B. Other Insurance
Item 4. Other Insurance, b. Excess Insurance (1)
(a) (ii) is replaced by the following:
(ii) That is fire, lightning, explosion or sprinkler leak -
age insurance for premises rented to you or
temporarily occupied by you with permis sion of
the owner;
C. Unintentional Failure To Disclose Hazards
Item 6. Representations is replaced by the following:
6. Representations And Unintentional Failure To
Disclose Hazards
a. By accepting this policy, you agree:
(1) The statements in the Declarations are
accurate and complete;
(2) Those statements are based upon repre -
sentations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. If you unintentionally fail to disclose any haz -
ards existing at the inception date of your
policy, we will not deny coverage under this
Coverage Part because of such failure.
However, this provision does not affect our
right to collect additional premium or exercise
our right of cancellation or non-renewal.
WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 10 of 10
D. Waiver of Subrogation
Item 8. Transfer of Rights of Re covery Against
Others to 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 arising out
of your ongoing operations or "your work" done under
a written contract, executed prior to loss, requiring
such waiver with that person or organization and
included in the "products -completed operations
hazard". However, our rights may only be waived
prior to the "occurrence" giving rise to the injury or
damage for which we make payment under this
Coverage Part. 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.
SECTION V – DEFINITIONS AMENDMENTS
A. Insured Contract Amended
Paragraph 9. a. is replaced by the following:
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, lightning, ex plosion or sprinkler
leakage to premises while rented to you or
temporarily occupied by you with permission of
the owner is not an “insured contract”;
B. Personal And Advertising Injury Redefined
Paragraph 14. d. and e . are replaced by the following:
d. Oral, written, televised, videotaped or elec tronic
publication of material that slanders or libels a
person or organization or disparages a person’s
or organization’s goods, products or service;
e. Oral, written, televised, videotaped or elec tronic
publication of material that violates a person’s
right of privacy;
WN CA 27 06 16
WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, with its permission Page 1 of 5
BUSINESS AUTO ENHANCEMENT ENDORSEMENT
The Business Auto 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
Accidental Airbag Deployment Coverage 4
Auto Loan/Lease Gap Coverage 4
Blanket Additional Insured 2
Blanket Waiver of Subrogation 5
Broadened Definition of Insured includes:
Newly Acquired Organizations for up to 180 Days 2
Employees as Insureds 2
Subsidiaries in Which You Own 50% or More 2
Deductible Waiver for Glass Repair 3
Employee Hired Auto 2, 5
Fellow Employee Coverage 3
Hired Auto Physical Damage Coverage 4
Knowledge of Accident, Claim, Suit or Loss 5
Loss Of Use Expenses - Amended 3
Personal Effects 3
Rental Reimbursement Coverage 4
Supplementary Payments - Amended:
Bail Bonds up to $5,000 2
Loss of Earnings up to $500/Day 2
Transportation Expense Limits – Amended 3
Unintentional Failure to Disclose Hazards 5
WN CA 27 06 16
WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, with its permission Page 2 of 5
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 will be
amended as shown below.
SECTION II – COVERED AUTOS LIABILITY
COVERAGE AMENDMENTS
A. Who Is An Insured
SECTION II – COVERED AUTOS LIABILITY
COVERAGE, A. Coverage, 1. Who Is An Insured
is amended to add:
d. Any legally incorporated subsidiary of yours in
which you own more than 50% 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 policy but for
termination of such policy or the exhaustion on
such policy’s limits of insurance.
e. Any organization which is newly acquired or
formed by you and over which you maintain
majority ownership. However, coverage under
this provision:
(1) is afforded only for the first 180 days after
you acquire or form the organization or until
the end of the policy period, whichever
comes first;
(2) does not apply to “bodily injury” or “property
damage” that results from an “accident” that
occurred before you formed or acquired the
organization;
(3) does not apply to any newly acquired or
formed organization that is a joint venture or
partnership; and
(4) does not apply to an “insured” under any
other automobile liability policy, or would be
an “insured” under such a policy but for ter-
mination of such policy or the exhaustion of
such policy’s limits of insurance.
f. Any “employee” of yours is an “insured” while
using a covered “auto” you don’t own, hire or
borrow in your business or your personal affairs.
g. Any “employee” of yours is an “insured” while
operating a covered “auto” hired or rented under
a contract or agreement in the “employee’s”
name, with your permission, while performing
duties related to the conduct of your business.
B. Blanket Additional Insured
SECTION ll – COVERED AUTOS LIABILITY
COVERAGE, A. Coverage, 1. Who Is An Insured,
paragraph c. is amended to add the following:
Any person or organization 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 “bodily 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 Liability Coverage, but only for
damages to which this insurance applies and only to
the extent that persons or organization qualifies as
an “insured” under the Who Is An Insured provision
contained in Section ll.
C. Liability Coverage Extensions – Supplementary
Payments
SECTION II – COVERED AUTOS LIABILITY
COVERAGE, A. Coverage, 2. Coverage
Extensions, a. Supplementary Payments 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 traffic law 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.
WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, with its permission Page 3 of 5
D. Fellow Employee Coverage
SECTION II – COVERED AUTOS LIABILITY
COVERAGE, B. Exclusions, 5. Fellow Employee,
the following is added:
Co-Employee Lawsuit Defense Cost
Reimbursement
If 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” employment
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. Transportation Expense – Limits Amended
SECTION III – PHYSICAL DAMAGE COVERAGE,
A. Coverage, 4. Coverage Extensions, a. Trans-
portation Expenses is amended by replacing $20
per day/$600 maximum limit with $50 per day/$1000
maximum.
B. Hired Auto Physical Damage – Loss Of Use
Expenses – Limits Amended
SECTION III – PHYSICAL DAMAGE COVERAGE,
A. Coverage, 4. Coverage Extensions, b. Loss of
Use Expenses is amended by replacing the $20 per
day/$600 maximum limit with $50 per day/$750
maximum limit.
C. Personal Effects Coverage
SECTION lll – PHYSICAL DAMAGE COVERAGE,
A. Coverage, 4. Coverage Extensions is amended
by adding the following:
c. Personal Effects
We will pay up to $500 for “loss” to personal
effects, which are:
(1) Owned by an “insured”; and
(2) In 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
D. Glass Repair – Deductible Waiver
SECTION III – PHYSICAL DAMAGE COVERAGE,
A. Coverage, 3. Glass Breakage – Hitting A Bird
Or Animal – Falling Objects Or Missiles, is
amended by adding the following:
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. Coverage is amended by adding the following:
5. Hired Auto Physical Damage
If hired “autos” are covered “autos” for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are pro-
vided 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 equal to 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 provide coverage
equal to the broadest coverage applicable to
any covered “auto” you own.
If 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.
WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, with its permission Page 4 of 5
F. Rental Reimbursement
SECTION III – PHYSICAL DAMAGE COVERAGE
A. Coverage, is amended by adding the following:
6. Rental Reimbursement
This coverage applies only to a covered “auto” of
the private passenger or light truck type as
follows:
a. We will pay for rental reimbursement
expenses incurred by you for the rental of a
private passenger or light truck type “auto”
because of “loss” to a covered private pas-
senger or light truck type “auto”. Payment
applies in addition to the otherwise applica-
ble 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 “loss” and ending, regardless of the
policy’s expiration, with the lesser of the fol-
lowing number of days:
(1) The number of days reasonably re-
quired to repair or replace the covered
private passenger or light truck type
“auto”. If “loss” is caused by theft, this
number of days is added to the number
of days it takes to locate the covered
private passenger or light truck 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
incurred, or
(2) $50 per day, up to a maximum of
$1,000.
d. This coverage does not apply while there
are spare or reserve private passenger or
light truck type “autos” available to you for
your operations.
e. If “loss” results from the total theft of a
covered “auto” of the private passenger or
light truck type, we will pay under this cover-
age only that amount of your rental reim -
bursement expenses which is not alread y
provided for under SECTION III –
PHYSICAL DAMAGE COVERAGE, A.
Coverage, 4. Coverage Extensions.
For the purposes of this Rental Reimbursement
coverage, light truck is defined as a truck with a
gross vehicle weight of 10,000 lbs. or less as
defined by the manufacturer as the maximum
loaded weight the auto is designed to carry.
G. Accidental Airbag Deployment Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE,
A. Coverage is amended by adding the following:
7. Accidental Airbag Deployment Coverage
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 comprehen-
sive coverage applies to the covered “auto”.
This coverage is excess over any other collecti-
ble insurance or reimbursement by manufac-
turer’s warranty.
H. Auto Loan/Lease Gap Coverage
SECTION III PHYSICAL DAMAGE COVERAGE,
Item A., Coverage, 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.
In the event of a covered total “loss” to a
covered “auto” described or designated in the
Schedule or in the Declarations, we will pay any
unpaid 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 payments 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;
(4) Costs for extended warranties, Credit
Life Insurance, Health, Accident or
Disability Insurance purchased with the
loan or lease; and
(5) Carry-over balances from previous
loans or leases.
WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, with its permission Page 5 of 5
SECTION IV – BUSINESS AUTO CONDITIONS
AMENDMENTS
A. Duties In The Event Of Accident, Claim, Suit Or
Loss Amended
SECTION IV – BUSINESS AUTO CONDITIONS, A.
Loss Conditions, 2. Duties In The Event 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 partnership;
(3) An executive officer or insurance manager, if
you are a corporation; or
(4) A member or manager, if you are a limited
liability company.
But, this section does not amend the provisions
relating to notification of police, protection or exami-
nation of the property which was subject to the
“loss”.
B. Blanket Waiver of Subrogation
Section IV – BUSINESS AUTO CONDITIONS, A.
Loss Conditions, 5. Transfer of Rights of
Recovery Against Others to Us, is amended by
adding the following exception:
However, we waive any right of recovery we may
have against any person or organization to the
extent required of you by a written contract signed
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 Disclose Hazards
SECTION IV – BUSINESS AUTO CONDITIONS, B.
General Conditions, 2. Concealment, Misrepre-
sentation Or Fraud, is amended by adding the
following paragraph:
If you unintentionally fail to disclose any hazards
existing at the inception date of the policy, or during
the policy period in connection with any additional
hazards, we will not deny coverage under this Cov-
erage Part because of such failure.
D. Employee Hired Auto
SECTION IV – BUSINESS AUTO CONDITIONS, B.
General Conditions, 5. Other Insurance,
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 of your business.
However, any “auto” that is leased, hired, rented
or borrowed with a driver is not a covered “auto”.