HomeMy WebLinkAboutCAG2020-0988 - Original - Reed Trucking & Excavating, Inc. - Police Service Agreement - 06/04/2019THIS AGREEMENT
(hereinafter "Kent"), and
the State of Washingto
KENT POLICE SERVICES AGREEMENT
is de between the C ity of Kent, a Washington municipal corporation
org anized under the laws of
l''r, located and o ng busin 5'
(hereinafter the "Contractor").
I. TERM *AGREEMENT'' FURTHER DEFINED - INCORPORATION OF ATTACHMENTS
AND INSURANCE EXHIBIT, The term "Agreement" as used throughout this document shall
mean this document, and any and all Scope of Services Attachments (hereinafter
'.Attachments") which describe the scope of services to be performed. The Attachments are
hereby incorporated into this Agreement by this reference. It is recognized that the Contractor
ruy rlqr"st police services on several occasions, and therefore, while this main Agreement will
only be signed one time, there may be multiple Attachments to this Agreement. This Agreement
sfrjtt be lnforceable with regard to each instance of work performed pursuant to each
Attachment. In the event of a conflict between the terms of this Agreement and any
Attachment, the terms of this Agreement shall prevail'
The Insurance exhibit as required by Section IX of this Agreement shall also be incorporated into
this Agreement as if set forth herein in full.
IL scopE oF SERVICES. Contractor desires to utilize the services of a commissioned Kent
police officer who will be dedicated to performing the services described in the Attachment(s) to
this Agreement.
police officers shall only be permitted to provide police-related services during the performance
of the work called for herein, and Contractor shall not ask or solicit such police officers to
perform work that is not police-related.
III. COST OF SERVICES AND PAYMENT
A. Hourly Rate. Contractor shall pay to the Kent Police Department a sum for each
hour of worked peiformed by a commissioned police officer. The Chief of Police or his or her
designee shall have the aut.hority to determine the hourly rate that will be specified in the
Attachment.
B. Four Hour Minimum Payment Requirement. There shall be a four (4) hour
minimum payment required for each instance that a police officer performs services under this
Agreemeni.
'therefore, Contractor shall be required to pay to Kent the greater sum of four (4)
h6urs of work or the actual number of hours worked during each instance that a police officer
performs services. For example, if Contractor needs two (2) police officers to work on the same
day and at the same time for two (2) hours of work each, Contractor will be required to pay Kent
for four (4) hours for each police officer, for a total of eight (8) hours. If Contractor needs two
(2) policl bffice.s for six (6) hours each, Contractor shall pay for six (6) hours for each police
officer for a total of twelve (12) hours.
C. Holiday Shifts and Shifts in Excess of Ten Hours. Shifts performed on holidays
shall be subject to an increased hourly rate that will be specified in the Attachment. Shifts that
POLICE SERVICES AGREEMENT - 1 (Form Version: 7/2016)
CAG2020-0988
last in excess of ten (10) hours will be subject to a higher hourly rate for all work performed in
excess of ten (10) hours. The hourly rate for work performed in excess of ten (10) hours maynot be specified in the Attachment, but will be approximately at a rate of one and one-half (1.5)
times the regular hourly rate charged on that day. The Contractor will be billed and shall pay
the rate for work overten (10) hours even if not specified in the Attachment.
D. Method and Time of Payment. Kent shall, within a reasonable time, submit a billto Contractor for amounts owing for services performed, Contractor shall, within fourteen (14)
calendar days of receipt of such bill, pay the amount owing to Kent. All payments shall be madeto the "City of Kent" and shall be delivered to:
City of Kent
Attn : Customer Services
220 Fourth Avenue South
Kent, WA 98032
E. Late Payment Penalties. If Contractor fails or neglects to pay any invoice withinthirty (30) calendar days from the date shown on the invoice as the "invoice date," a service
charge of one percent (Lo/o) of the amount of the unpaid balance on the account or two dollars($2.00), whichever sum is greater, will be imposed one (1) month from the date payment wasdue, and at the end of each succeeding monthly period, until all past due amounts are paid in
full.
Any invoice or service charge due under this Agreement and unpaid shall constitute a debt
owed to Kent. Kent may, pursuant to Chapter 3.10 of the Kent City Code and Chapter 19.16 ofthe Revised Code of Washington, use a collection agency to collect outstanding debts, or it may
seek collection by court proceedings, which remedies shall be in addition to all other remedies,
At the discretion of the Chief of Police or his or her designee, services may not beprovided to Contractors who have delinquent payments.
IV. EMERGENCY INTERRUPTIONS IN SERVICE. Police officers performing services calledfor in this Agreement shall at all times be subject to the rules, regulations, and policies of Kentand its Police Department, and shall be required to follow the orders of supervisors and
command staff. Contractor understands that police officers performing services pursuant to this
Agreement may, from time to time, be required to perform traditional police duties for the
benefit of the greater public, Therefore, from time to time, police officers performing servicesfor Contractor may be required to respond to emergencies and abandon the services being calledfor under this Agreement, In the event of this occurrence, Contractor shall not be relilved ofproviding full payment; provided, that in the event the interruption lasts longer that one half of
one hour (i.e., more than thirty (30) continuous minutes), Kent and Contractor will agree to anamount of a reduction in the costs of services to account for the police officer's time notperforming services under this Agreement.
V. INDEMNIFICATION.
A. General. Contractor shall defend, indemnify, and hold Kent, 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 Kent,sperformance of this Agreement, except for that portion of the injuries and damages caused by
the sole negligence of Kent or its officers or employees.
POLICE SERVICES AGREEMENT - 2 (Form Version: U2016)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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.
B. Indemnification and the Public Duty Doctrine. Contractor understands that,
pursuant to the legal doctrine in Washington called the "public duty doctrine," Kent, its Police
bepartment, and it-s officers and employels of the Kent Police Department, owe a general duty
to the public and not a specific duty of protection or care to the Contractor. Contractor
understands that by entering into this Agreement, the Police Department's and the police
officer,s duties remain to the public in general, and neither Kent, its Police Department, nor any
of its officers or employees have a specific duty of protection or care to the Contractor, its
employees, subcontractors, and agents, or any of its guests, or other people on the premises of
the Contractor. Moreover, neithei Kent, its Police Department, nor any officer or employee of
Kent guarantees, in any way, the safety of any person or property as a result of_the work
perfor-med under this Agreement. In the event of injury to any person or property, Contractor
shall not assert that Kent, its police Department, or its police officer owed any special duty to
protect persons or property or provide care for such persons or property or had any special
relationship with the owner or any other person to protect persons or property. This Agreement
shall in no way create a duty for kent, its Police Department, or any of its officers or employees
where none previously existed. In the event Kent is sued, and a court determines that the
public duty doctrine does not apply, or an exception to the public duty doctrine exists with
relation to an injury to the person or property of any employee, subcontractor, guest, or other
person on the piemises of Contractor, Contractor shall specifically indemnify, hold harmless, and
befend Kent, its police Department, and each and every officer and employee thereof to the full
extent permitted bY law,
C. Survival. The provisions of this Section V shall survive the expiration or
termination of this Agreement and the obligations contained therein will continue to apply
beyond the provision of services called for in any Attachment.
vI. PARTIES ARE INDEPENDENT. The parties agree that neither shall be considered an
employee or agent of the other.
vrr, TERMTNATTON, ALTERATTON, OR RESCHEDULTNG. In the event Kent is unable to
obtain the services of a Kent Police Officer to perform the services called for in the Agreement,
Kent will contact Contractor, and advise Contractor that Kent is unable to perform the services
called for herein. Notice by way of telephone, email, writing, or in-person shall be adequate
notice of such cancellation of services, and Kent shall not be liable for the cost of Contractor
obtaining replacement services.
In the event Contractor must cancel, alter, or reschedule the services called for by this
Agreement, Contractor must provide at least ten and one-half (10.5) hours advance notice to
thi police Department by contacting its on-duty sergeant line at (253) 856-5840' A failure to
cancel, alter, or reschedule at least ten and one-half (10,5) hours before the services are called
for shall result in the Contractor paying the minimum four (4) hours of service provided for in
Section III.B. above, regardless oi wneiner such services are provided at a later or rescheduled
date and time.
VIII. coNTRAcToR SHALL ABIDE BY LAws AND SHALL NOT DISCRIMINATE. At AII
times during Kent,s performance of this Agreement, Contractor shall abide by all laws and
POLICE SERVICES AGREEMENT - 3 (Form version: Ll20L6)
regulations applicable to Contractor's business. Moreover, Contractor shall not, by reason of
rale, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory,
mental, or physicai Oisanitity, discriminate against any person in violation of any laws of the
State of Washington or the United States.
IX. INSURANCE. Contractor shall at all times during Kent's performance of the services
called for in this Agreement procure and maintain insurance of the types and in the amounts
described in Exhibit A attached and incorporated by this reference'
X. CONTRACTOR'S BUSINESS PERFORMED AT ITS OWN RISK. CONtTACIOT ShAII IAKC AII
necessary precautions and shall be responsible for the safety of its employees, agents, guests,
and all persons on Contractor's property and invitees at all times when a police officer is
performing services pursuant to this Agreement.
XI. MISCELLANEOUS PROVISIONS.
A. Non-Waiver of Breach. The failure of Kent 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.
B. 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 setle any dispute, difference, or claim arising from the parties' performance of this
Agreement, the exilusive means of resolving that dispute, difference, or claim, shall only be by
fil'ing 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
pro-ess. In any clalm or lawsuit for damages arising from the parties' performance of this
Agr".rn"nt, each party shall pay all its legal costs and attorney's fees incurred in defending or
brlnging such claim or lawsuit, including all appeals, in addition to any other recovery or award
prouiO"? by law; provided, however, nothing in this paragraph shall be construed to limit the
Kent's right to indemnification under Section V.B. of this Agreement.
C. 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.
D. Assignment. Any assignment of this Agreement by either party without the
written consent oT tne 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'
E. 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
Kent and Contractor,
F. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits or Attachments attached hereto or referenced herein, shall supersede all prior
POLICE SERVICES AGREEMENT - 4 (Form verslon: tl20t6)
verbal statements of any officer or other representative of Kent, 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,
sliould any language in any of the Exhibits or Attachments to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail. Further, the
repiesentative signing this Agreement on behalf of Contractor swears and affirms that he or she
is authorized to enter into this Agreement on behalf of Contractor and that action is binding on
the Contractor.
G. Compliance with Laws. Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equlpment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
H. Counterparts. 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.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTO
By:
Print e
DATE: 5 (title)l- ?-0t1
KENT:
By:
(signature)
Print Name : Rafael Pa illa-
Its Police Chief
DATE:6-rs-/l
NOTICES TO BE SENT TO:
CONTRACTOR:
lrt r k
493 (telephone)
(facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
sgt SGT M Stansfield
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856- 5809 (telePhone)
(2s3) 856-6802 (facsimile)
r' (i\il filoorm li16 llSr-fdk<Olilhl(rtnidr h!.. ll&rc Slnt.r /rg.cmd F{ OdD4 \1rl dd(
POLICE SERVICES AGREEMENT - 5 (Form Verslon: 1/2016)
KENT SCOPE OF SERVICES ATTACHMENT
To Police Services Agreement
This Scope of Services Attachment shall be incorporated into the Police Services Agreement signed
by ( herei nafter "Contractor") on
I DESCRIPTION OF SERVICES. Contractor requests the services of a commissioned police
officerwho will be dedicated to performing the following services (check box thatapplies):
Flagg ing/Traffic Control
Security for Entertainment Venue or Event
Security for Retail Establishment
Guarding of Property, Buildings, Possessions, or Equipment
Other
Police officers shall only be permitted to provide police-related services during the
performance of the work called for herein, and Contractor shall not ask or solicit such police
officers to perform work that is not police-related.
II HOURLY RATE & NUMBER OF OFFICERS REQUIRED. The work called for herein shall be
paid by Contractor at the following hourly rates and the Contractor requests the following
number of officers:
E Extra-Duty Work: Officer
Up to $80 per hour.x
Number of Officers Required
Extra-Duty Work: Supervisor
Up to $100 per hour,*Number of Supervisors Required:-
* Note: Hourly rates are quoted "up to" a specified amount. Officers are paid different rates
based on factors such as time in service, assignment, education, etc. The rate quoted is the
maximum rate that will be billed subject to overtime holiday rates specified below.
Contractor's rate may be lower.
A.Four Hour Minimum. There shall be a four (4) hour minimum payment required for
each instance that a police officer performs services under the Agreement, Therefore,
Contractor shall be required to pay to Kent the greater sum of four (4) hours of work
or the actual number of hours worked during each instance that a police officer
performs services. For example, lf Contractor needs two (2) officers to work on the
same day and at the same time for two (2) hours of work each, Contractor will be
required to pay Kent for four (4) hours for each police officer, for a total of eight (8)
hours. If Contractor needs two (2) officers for six (6) hours each, Contractor shall pay
for six (6) hours for each police officer for a total of twelve (12) hours.
SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT
Page 1 of 2
X
n
(Form Verslon: L2/20L7
B.Overtime Rate. Contractor shall be required to pay the rate of one and one half (1.5)
times the rate specified above for any time worked by a police officer in excess of ten
(10) hours in a shift, Therefore, if a police officer works ten (10) hours, he or she
shall be paid at the rate specified above. If the officer works twelve (12) hours, he or
she shall be paid at the rate specified above for the first ten (10) hours, and at a rate
of one and one half (1.5) times the rate specified above for the remaining two (2)
hours.
C.Holiday Rate. The following holidays are observed by Kent police officers: New Year's
Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day,
Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas.
Except as otherwise provided in this section, all hours worked during an observed
holiday, or during 15:00 hours to 23:59 hours on Christmas Eve or New Year's Eve,
will be billed at one and a half (1.5) times the rate specified above. All hours worked
on Thanksgiving Day or Christmas Day will be billed at a rate of two (2.0) times the
rate specified above,
Contractor.'S Termination. Alteration. or Rescheduling of Services, Cancellation,
alteration, or rescheduling of police officer services by the Contractor for a specific
date must be made at least ten and a one-half (10.5) hours prior to the scheduled
start time for that date. If Contractor fails to provide ten and one-half (10,5) hours
advance notice from the scheduled start time, Contractor will be billed for a minimum
payment of four (4) hours per officer scheduled for that date in accordance with
Section II.A. above. Cancellation, alteration, or rescheduling notification can be made
by phone or email.
LOCATION OF SERVICES. The services called for herein shall be performed at the following
location:
A police officer will arrive at the above location on the date and time specified below
Kent police officer
D
III,
IV. DATE AND
from q a
Sign re
SERVIC
vwo
orovide services'2011,
By signing below, I understand that I am entering a contract to hire police officers to perform the
work described above, I agree to the terms of this Scope of Services Attachment and all of the terms
contained within the Police Services Agreement referenced herein, and finally if I am signing this
Scope of Se Atta nt behalf of an organization, I swear and affirm that I am authorized
to do lf of orga ation and that action is binding on the Contractor'
5'2 t- i7
,Sh^illn ''7
SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT
Page 2 of 2
Date
Approved by:
Kent ice Department Date
Print Name
Itt I
Add ress qMTL
(Form Verslon: L2/2017)
CERTIFICATE OF LIABILITY INSURANCE
MBER: cll?21?0510
@ 1988-2014
REV]SION NUMBER:COVERAGES
CERTIFICATE HOLDER
ACORD 2s (2014/01)
lNS025 (2o140r)
DAIE (MM/OD/YYYY)
5/21/20L9
BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLOER.
ONLY
ALTERAFFIRMATIVELY
THISRIGNOuHTSTHEPONCERTIFICATEINFORMATIONOFCONFERSANDtssuEoAASMATTERCERTIFICATETHISTHBYPOLtCTESERTHEAFFOCOVERAGERDEDNEGATIVELYOREXTENDoNOTDOESAMEND,ERTIFICATEc AUT}IORIZEDtssutNGINSURTHEANTRACTcoER(S),BETWEEN
the terms and conditlons of the pollcy, certain pollcies may requlre an endotsemenl. A statement on thls certllicat€does not conter lighls to lhe
lS WAIVED, sublect tomusl be endorsed.INSUcertlllcate
cerlillcate holder in lleu ol such
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l35Ol 692-518?(360) 692-6131
johnc@kuresmanins . com
PROOUCER
Kuresman Inaulance
9321 Bayshore Dr, NW
srE 111
silverdale wA 98383-8350
24: OITIO coINSURED
Reed Trucking & Excsvating Inc
2207 Inter Av€ Ste A
Puyal].up wA 983?2-3400
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LIMITSOF INSURANCE
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2, 000. 000
$Expgnso Mod Faclo. 1
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DESCRIPIIONOFOPERATIONS/LOCA1ONSi vEHICLES (ACORDl0l,AddltlonalRsmsrlsSchqduls'msv
CITY OE KENT IS NAMED AS ADDXTIONAL INST'RED ON ALt' POLICIES
WORK PERFORMED BY OR ON BETTAI.F OF TIIE CONTR,ACTOR. COVERAGE
INSURED PER CG881O ATfN,CHED. PER PROJECT AGGREGAfE PER CG98?O ATTACIIED
AS RESPECES
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IS PRIIRRY AND NON-CONTRIBUTORY
CIIY OF KENT
220 FOI'RTH AVE S
KENT, WA 98032
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE
THE EXPIRATION DATE THEREON NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUlHORIZEO REPRESET'ITATIVE
CRISS/JOHN J-L^ L.*J
The ACORD name and logo ara registered marks of ACORD
reServed.
A.
COMMERCIAL GENERAL LIABILITY
cG 88 70 12 08
THIS ENDORSEMENT CHANGES TI{E POLICY. PLEASE READ IT CAREFULLY
CoNSTRUCTTON PROJECT(S) - GENERAL AGGREGATE LlMlr
(PER PROJECT)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENEML LIABILITY COVERAGE PART
For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"
under Section I - Coverage A - Bodily lnjury And Property Damage Llability, and for all medical
expenses caused by accidents under Section I - Coverage C Medical Payments, which can be
altributed only to ongoing operations at a single construction project away from premises owned by or
rented to you:
1, A separate Construction Project GeneralAggregate Limit applies to each construction project,
and that limit is equal to the amount of the GeneralAggregate Limit shown in the Declarations.
2. The Construclion Project General Aggregate Limit is the most we will pay for the sum of all
damages under Coverage A, except damages because of "bodily injury" or "property damage"
included in the "products-completed operations hazard", and for medical expenses under
Coverage G regardless of the number of:
a. lnsureds;b. Claims made or "suits" broughi; orc. Persons or organizations making claims or bringing "suits''
3. Any payments made under Coverage A for damages or under Coverage G for medical expenses shall
reduce the Construction Project General Aggregate Limit for that construction project. Such payments
shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other
Construction Project GeneralAggregate Limit for any other construction project.
4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue
to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations,
such limits will be subject to the applicable Construction Project General Aggregate Limit.
B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"
under Section I - Coverage A - Bodlly lnjury And Propefi Damage Liability, and for all medical
expenses caused by accidents under Section I - Coverage C Medical Payments, which cannot be
atributed only to ongoing operations at a single construction project away from premises owned by or
rented to you:
l. Any payments made under Coverage A for damages or under Coverage C for medical expenses
snili reduce the amount available under the General Aggregate Limit or the Products-Completed
Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Construction Project GeneralAggregate Limit.
C. \A/hen coverage for liability arising out of the "products-completed operations haz.ard' is provided, any
payments for-damages because ot'UoOity injury" or "property damage" included in the "products-
fompteted operations hazard" will reduce the Products-Completed Operalions Aggregate Limit, and not
reduce the General Aggregate Limit nor the Construction Project GeneralAggregate Limit.
D. lf the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or
if the auihorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,
the project will still be deemed to be the same construction project'
\E. The provisioni of Section lll - Limits Of lnsurance not otherwise modified by this endorsement shall
continue to apply.
cG 88 70 12 08 lncludes copyrighled material of ISO Properties, lnc., with its permission.Page 1 of I
COMMERCIAL GENERAL LIABILITY
cG 88 10 04 13
E
g
s
THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVEMGE PART
INDEX
SUBJECT
NONOWNED AIRCRAFT
NONOWNED WATERCRAFT
PROPERW DA]IIAGE LIABILITY . ELEVATORS
EXTENDED DAMAGE TO PROPERWRENTEDToYoU (Tenanfs Property Damage)
MEDICAL PAYIIENTS EXTENSION
EXTENSION OF SUPPLEilEIT|TARY PAYMENTS -COVERAGES AAND B
ADDITIONAL INSUREDS . BY CONTRACT, AGREEMENT OR PERMIT
PRIMARY AND NON€ONTRIBUTORY. ADDITIONAL INSURED E\TENSION
ADDITIONAL INSUREDS . EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE"
WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO ISAN
INSURED . FELLOW EMPLOYEE EIffENSION . MANAGETIIENT EMPLOYEES
NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
FAILURE TO DISCLOSE HAZARDS AND PRIOROCCURRENCES
KNOWLEDGE OF OCCURRENCE, OFFENSE, Cl-AtM OR SU|T
LIBERALIZATION CLAUSE
BODILY INJURY REDEFII{ED
EXTENDED PROPERW DAIi'AGE
WAIVER OFTRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US .
WHEN REQUIRED IN A COI{TRACT OR AGREEMENT WITH YOU
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With respect to coverag€ afforded by this endorsement, the provisions of the policy apply unless modified by
the sndorsemenl.
A. NON{WNED AIRCRAFT
Under Paragraph 2. Excluelong of Sectlon I - Coverage A - Bodily Injury And Property Damage Llabllity,
exclusion g. Alrcraft, Auto Or Watercraft does not apply to an aircraft provided:
l. lt is not owned by any lnsured;
2. lt is hired, chartered or loaned with a trained pald crew;
3. The pllot in command holds a currently efective certificate, iesued by the duly conetituted authority of
the United States of funerica or Canada, designating her or him a commercial or airline pilot; and
4, lt is not belng used to carry persons or property for a charge.
However, the insurance afforded by this provision does not apply if there is available to the insured olher
valid and collec{lble insurance, whether primary, excess (other than insurance wrltten to apply specifically
in excess of this policy), contlngent or on any other basis, that would also apply to the loss covered under
thls provision.
B. NON€WNED WATERCRAFT
Under Paragraph 2. Excluslons of Sectlon I - Coverage A - Bodlly lnfury And Property Damage Liablllty,
Subparagraph (2) of exclusion g. Alrcraft, Auto Or Watsrcraft is replaced by the following:
This exclusion does not apply to:
(2) A watercraft you do not own that ls:
(a) Less than 52 feet long; and
(b) Not being used to carry persons or property for a charge.
C. PROPERWDAMAGE LIABILIW.ELEVATORS
1. Under Paragraph 2, E:tcluslone of Section I - Coverage A - Bodlly lnjury And Property Damage Llabll-
Ity' Subparagraphs (9), (4) and (6) of exclusion f. Damage To Property do not apply if such "property
damage" reeults from the use of elevalors. For the purpose of this provision, elevators do not include
vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.
2. The following is added lto Sectlon lV - Gommercial General Llabllity Condltlons, Condltion 4. Other
lnsurance, Paragraph b. lExcess lnsurance:
The insurance afforded by this provision of this endorsoment is excess over any property insurance,
whether primary, excess, contingent or on any other basis.
D. EKTEIIDED DAMAGE TO PROPERW RENTED TO YOU (Tenant's Property Damage)
lf Damag€ To Premises Rented To You is not otherwise excluded from this Coverage Part:
1. Under Paragraph 2. Excluslons of Sectlon I - Coverage A - Bodlly InJury and Property Damage Llabllity;
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow-
ing:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage
by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) tor
(l) Premises rented to you for a period of 7 or fewer consecutive days; or
(ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of
more than 7 days.
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of
premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of insurancs applies to this coverage as descrlbed in Sectlon lll . Llmits of
lnsurance.
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b. The last paragraph of subsection 2. Excluslons is replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage
from automatic flre protection systems to premises while rented to you or temporarily ocorpied by
you wiih permisslon of the owner. A separate limit of insurance applies to Damage To Premises
Rented To You as descrlbed ln Sectlon lll - Llmlte Of lneurance.
2. Paragraph 6. under Sectlon lll - Llmltc Of lnsurance is replaced by the following:
8. Subject to Paragraph 5. above, the Damage To Premises Rented To You Umit is the most we will
pay under Coverage Afor damages because of "property damage' to:
a. Any one promisol
(1) While rented to you; or
(2) Whlle rented to you or temporarily occupied by you with permission of the owner for
damage by flre, llghtning, explosion, smoke or leakage from automatlo protection sys-
tems; qr
b. Contents that you rent or lease as part of a premises r€ntal or lease agreement-
3. As regards covorage provlded by this provision D. EXTENDED DAMAGE TO PROPERW RENTED TO
YOU (Tenanf3 PropFrly Damagc) - Paragraph 9.a. of Deflnlllona is replaced with the following:
9,a. A contract for a lease of premlses. However, that portion of the contract for a lease of premises
lhat indemnifies any psnton or organization for damage by flre, lightning, explosion, smoke, or
leakage from automatlc lire proteclion systems to premises while rentsd to you or temporarily
occupied by you with ths permiseion of the owner, or for damage to contents of such premises
that are included ln your premlses renlal or lease agreement, is not an 'insured conbact".
E. MEDICAL PAYMENTS EXTENSIOITI
lf Goverage C Msdlcal Payments is not otherwise excluded, the Medical Payments provided by this policy
are amended as follows:
Under Paragraph 1. lnsurlng Agrgoment of Section I . Coverrge G - Medlcal Payments, Subparagraph
(b) of Pamgraph a. is replaced by the following:
(b) The expensss are incurred and reported within three years of the date of the accident; and
F. EXTENSION OFSUPPLEITIENTARY PAYIIENTS .COVERAGESAAND B
1. Under Supplomsntary Payments -Goveragcr Aand B, Paragraph 1.b. is replacod by the followlng:
b. Up to $3,000 for. cost of bail bonds required because of accidents or traflic law violations arlsing
out of the use of any vehiole to which the Bodily lnjury Liability Coverage applies, We do not have
to fumish these bonds.
2. Paragraph 1.d. is replaced by the following:
d. All reasonable exp€nses incurred by the lnsured at our request to assist us in the investigalion or
defense of the claim or nsuit', including actual loss of earnings up to S500 a day because of time
off from work.
G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERIIIT
1. Paragraph 2. under Sectlon ll - Who lr An lnsured is amended to include as an insured any person or
organization whom you have agread to add as an edditional insured in a writlen contract, wriften
agreement or pormit. Such person or organization ls an additional insured but only with respect to
liability for 'bodily iniury", "property damage' or 'personal and advertising injury" caused in whole
or in part by:
a, Your acts or omissions, or the acts or omissions of those acling on your behalf, in the performance
of your on gc*ng operations for the addltlonal insured that ara the subjecl of lhe written contract or
written agreement provided that the "bodily inJury' or 'property damage' occurs, or the "per-
sonal and advertising injury" is committed, subsequent to the signing of such written contract or
written agreemsnt; or
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b. Premlses or facilities rented by you or used by you; or
c. The maintenance, operation or use by you of equipment renled or leased to you by such person or
organization; or
d. Operations performed by you or on your behalf for which the state or political subdivision has
issued a permit subJect to tho following additional provislons:
(l) This insurance does not apply to "bodily injury', "proporty damage', or ''p6rsonal and ad-
vertising injury" arising out of the operations performed for the state or political subdivision;
(2) Thls insurance does not apply to "bodily inJury" or "property damage" included within the
"completed operations hazard".
(3) lnsurance applies to premises you own, renl, or control but only with respect to the following
hazards:
(a) The existence, malntenance, repair, construction, erection, or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marqueesr
hoist away openings, sidewalk vaults, streel bannsrs, or dscorations and simllar expo-
sures; or
(b) The construction, erection, or removal of elevators; or
(c) The ownership, maintenance, or use of any elevators covered by this insurance.
However:
1. The insurance afforded to such additional insured only applies to lhe extent permitted by law; and
2, lf coverage provided to the additional insured is required by a contract or agreement, the insur-
ancs afforded to such additional insured will not be broader than that which you are required by
the contract or agreement to provlde for such additional insured.
With respect to Paragraph 1,a. above, a person's or organization's stiatus as an additional insured
under this sndorsement ends when:
(1) All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of lhe
addltional insured(s) at the location of the covered operations has been completed; or
(2) That portion of nyour work" out of which the injury or damage arises has been put to its
intended use by any person or organlzation other than anotrer conlractor or subconbactor
engaged in performing operations for a principal as a part of the same project.
With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured
under thls endorsemgnt 6nds when their written conlract or written agreement with you for such
premises or facilities ends.
With respects to Paragraph 1,c. above, thls insurance does not apply to any noccurrence" which takes
place after the equipment rental or lease agreement has expired or you have retumed such equipment
to the lessor.
The insurance provided by this endorsemont applies only if the written contract or written agreernent
is signed prior to the "bodily injury' or'property damageo.
We have no duty to defend an additional insured under this endorsement until we receive written
notice of a 'suitn by the additional insured as required in Paragraph b. of Condition 2. Dutles ln lhe
Event Of Occurr€nce, Ofrense, Glalm Or Suit under Section lV - Commsrclal General Llablllty Gondl-
tlons.
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Z. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2'
Exclustons under Sectlon | - Goverage A - Bodlly lnlury And Property Damage Llabillty:
This insurance does not aPPIY to:
a, "Bodily injury' or "property damago" arlslng from the sole negligence of the addilional insured.
b. .Bodily injury" or "properly damage" that occurs prior to you commencing operations at the
location where such "bodlly injury" or "property damage" occurs'
c. 'Bodily inJury., 'property damage" or ''personal and advertising injury" arising out of the render-
ing oi or-thi failure-to iender, iny professional architectural, engineering or surveying sewicas,
including:
(f) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions'
reports, surviys, field orders, change orders or drawings and speclfications; or
(2) Supervisory, inspection, archltectural orengineering activities'
This exclusion applies even lf the claims against any insured allege negligence or other wrongdoing in
the supervision,
-hiring,
employment, training or monitoring of othors by that insured, if the "occur-
rsnce,, which
"aused-
the ;noilty lnjury" oi "property damage', or ths offense which caused the
,'p6rsonal and advertising injury;, involved the rendering of, or the failure to render, any professional
architectural, engineering orsurveying sorvices.
d. "Bodlly inJury" or "property damage" occurring after:
(i) All work, includlng materlals, parts or equipment furnished in connection with such work' on
the project (other'than service, malntenance or repalrs) to be performed by or on behalf of the
aOCitionat insured(s) at the location of the covered operations has been completed; or
(2) That portion of "your workn out of which the injury or damage arises has beon put to its
lntended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
€. Any person or organization specifically designated as an additional lnsured for ongoing operations
by a separats noomonll insuneo 'owNERS, LESSEES OR CONTRACTORS endorsement is-
sued by us and made a part of this policy.
3. W1h respect to the insurance afforded to these additional insureds, the following is added to Section lll
- Llmlts Of lnsurance:
lf coverage provided to the additional insurod is required by a contract or agreement, the most we will
pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreoment; or
b, Available under the applicable Limits of lnsurance shown in the Declarations;
whichever is less,
This endorsement shall not increase the applicable Limits of lnsurance shown in the Declaralio ns'
PRIMARY AND NON4ONTRIBUTORY ADDITIONAL INSURED $fiENSION
This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement under this PolicY.
Condition 4. Other tngurance of SEGTTON tv - COMttlERclAL GENERAL LIABILIW CoNDlTloNs is amend-
ed as folloars:
a. The followlng is added to Paragraph a. Prlmary lnsurance:
lf an additional insured's policy has an Other lnsurance provision making its policy excess, and you
have agreed in a written contrac.t or written agreement to provide the additional insured coverage on a
prlmary and noncontributory basis, this policy shall be primary and we will not seek contribution from
the additional insured's policy for damages we cover'
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b. The following is added to Paragraph b. Excegs lnsurancs:
When a written contract or written agreement, other than a premises lease, facilities rental contract 0r
agreement, an equipment rental or lease contract or agraement, or permit issued by a state or political
subdivision between you and an addltional insured does not require this insurance to be primary or
primary and non-contributory, this insuranca is excess over any other insurance for which the addi-
tlonal insursd is deslgnated as a Named lnsured'
Regardless of the written agreement between you and an additional insured, this insuranc€ is excess
ouer any other insurance whether prlmary, excees, conUngent oI on any other basis for which the
addilional insured has bsen added as an additional insured on other policiee.
I. ADDITIONAL INSURED$ -E,TENDED PROTECTION OFYOUR "UMITS OFINSURANCE'
This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement undsr this PolicY.
1. The following is added to Condition 2. Dutles ln The Event Of Occurrence, Offense, Clalm or Suit:
An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an noccurrencen or an offense that may result ln a claim or nsuit' under
this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have
insurance available to the additional insured; and
c. Agree to make available any other insurance which the additional insured has for a loss we
cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until
ws rsceive writton notic€ of a "suit" by the additional insured.
2. The limits of insurance applicable to the additional insured are those specified in a wriften contract
or written agreement or the limits of insurance as stated in the Doclarations of this policy and
defined in Sactlon lll . Llmlts of lnsurance of this policy, whichever are less. These limits are
inclusive of and not in addition to the limits of insurance available under this policy.
J. WHO IS AN INSURED .INCIDENTAL MEDICAL ERRORS/ MALPRACTICE
WHO IS AN INSURED .FELLOWEMPLOYEE EXTENSION .MANAGEMENT EMPLOYEES
paragraph 2.a.(1) of Sectlon ll -Who lr An lnsured is replaced with the following:
(t) 'Bodily injuryn or "personal and advertising injury':
(at To you, to your partners or members (if you are a partnership or joint venture), to your membors (if
you are a limited liability company), to a co-"employeen while in the course of his or her employ-
ment or performing duties related to the conduct of your business, or to your other "volunte€r
workem' while performing duties related to the conduct of your business;
(b) To the spouse, child, parent, brother or sister of that co-"employee" or "voluntser workef' as a
@nsequenoe of Paragraph (1) (a) above;
(c) For which there is any obligation to share damages with or repay someone elss who must pay
damages because of the injury described in Paragraphs (l) (a) or (b) above; or
(d) Arising out of his or her providing or failing to provide professlonal health care services. However,
if you are not in the business of pmviding professlonal health care services or providing profes-
sional health care p€rsonnel to others, or if coverage for providing professional health care ser-
vices is not olhenrise excluded by separate endorsement, this provision (Paragraph (d)) does not
apply.
paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by
"n
',"hployee' who is actlng in a supervisory capacity for you. Supervlsory capacity as used herein means
the 'employee's' job responsibilities assigned by you, includes the direct supervision of other "employ-
ees" of'yours. Howevgr, none of lhes€ "employess" are insureds for 'bodily injury' or "personal and
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advertislng injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to
cause .bodily injury" or npersonal and advertising injury", or oaused in whole or in part by their intoxioa-
tion by liquor or controlled substances.
The coverage provided by provision J. is excess over any other valid and collectable insurance available to
your nemployee".
K. NEWLY FORMED OR ADDITIONALLY ACOUIRED ENTITIES
Paragraph 3. of Sectlon ll - Who ls An lnsured is replaced by the following:
3, Any organlzation you newly acquire or form and over which you maintain ownership or majority
interest, will qualify as a Named lnsured if there is no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded only unlil the expiration of the policy period in
which the entily was acquired or formed by you;
b, Coverage A does not apply to 'bodily inJury" or "property damage" that occuned before you
acquired or formed the organlzation; and
c. Coverage B does not apply to "personal and advertising injury" arising out of en offense
commilted before you acquired or formed the organlzation.
d. Records and descriptlons of operations must be maintained by the first Named lnsured.
No person or organization is an insursd with respect to the conduct of any current or past partnership, joint
venture or limlted liability company that is not shown as a Named lnsured in the Declarations or qualifles
as an lnsured under this provision.
L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section lV - Commercial General Liablllty Gondltlons, the following is added to Gondition 6. Repre-
sentatlons:
Your failure to disclose all hazards or prior "occunsnces" existing as of the inception date of the policy
shall not prejudice the coverage afforded by this policy provided such fallure to disclose all hazards or
prior "occunences" is not intentional.
M, KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Sectlon lV - Commerclal General Llablllty Conditions, the following is added to Condition 2' Dutles
ln The Event of Occurrence, Offense, Claim Or Sult:
Knowledge of an noccunonce", ofiense, claim or'suit" by an agent, servant or'employee' of any
insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph
l. of Sectlon ll-Who lsAnlnsurcd oraperson who hasbeen designated bythem to receive reports of
"occurrences', offenses, claimg or "suitsn shall have received such notice from the agent, servant or
"employee".
N. LIBERALIZATIONCLAUSE
lf we revise this Commercial General Liability Extension Endorsement to provide more coverage without
add1funel premium charge, your policy will automatically provide the coverage as of the day the revision is
effective in your state.
O. BODILY INJURY REDEFINED
Under Sectlon V - Deflnitlons, Definition 3. is replaced by the following:
3. 'Bodily lnjury' means physical injury, sickness or disease sustained by a person. This includes
mental anguish, mental injury, shock, fright or death that results from such physical lnJury, sick-
n€ss or disease.
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P. EXTENDED PROPERTYDAMAGE
Excluelon a. of COVEMGE A. BODILY INJURY AND PROPERW DAMAGE L|AB|LITY ls reptaced by the
following:
a. Expected Or lntended tnlury
"Bodlly injury'' or "property damage" expected or intended from tha standpoint of the insured.
This excluelon does not apply to "bodily injury" or 'property damagen resuiting from the use of
reasonablg forcs to protect peraons or property.
A. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US . WHEN REQUIRED IN A
CONTRACT ORAGREEMENT WTH YOU
Under Secillon lV - Commerclal General Llablllty Condltlons, the following ie added to Condition B. Trans-
fer Of Rlghtr Of Recovery Agalnct Others To Ue:
We walve any right of recovery ws may have against a person or organizalion because of payments we
make for injury or damage arising out of your ongoing operations or "your work" done under a
contract with that person or organization and included in the "products-completed operatlons hazard"
provided:
l. You and that person or organizalion have agreed in wriling in a contract or agreement that you
waive such rlghts against that person or organization; and
2. The injury or damage occuts subsequent to the execution of the written contract or written agree.
ment,
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