10-149.00 Alan Zeutschel: CenterPlace HydroseedingAGREEMENT FOR CONSTRUCTION OR SERVICES
Alan Zeutschel, Inc.
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and Alan Zeutschel, Inc., hereinafter "Contractor," jointly referred to as
"parties."
IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows:
1. Work to Be Performed The Contractor shall do all work and furnish all labor, tools,
materials, supplies and equipment for the CenterPlace Campus Hydroseeding project (hereinafter "work ") in
accordance with, and as described in Exhibit 1 (Proposal), which is by this reference incorporated herein and
made part hereof ( "Contract Documents "), and shall perform any changes in the work in accord with the
Contract Documents.
The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached hereto, assume
and be responsible for the cost and expense of all work required for constructing and completing the work and
related activities provided for in the Contract Plans and Contract Documents, except those items mentioned
therein to be furnished by the City of Spokane Valley.
The City Manager, or designee, shall administer and be the primary contact for Contractor. Prior to
commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee to
review the scope of services, schedule, and time of completion. Upon notice from the City, Contractor shall
promptly commence work, complete the same in a timely manner, and cure any failure in performance under
this agreement.
Unless otherwise directed by the City, all work shall be performed in conformance with the Contract
Plans, Contract Documents, City and State standards. Contractor acknowledges review of the Contract Plans
and Contract Documents and accepts the same. Contractor shall exercise best efforts, including the selection of
the highest quality materials; so that all work performed shall be in compliance with current related industry
standards.
2. Term of Contract This agreement shall be in full force and effect upon execution and shall
remain in effect until November 30, 2010.
The City may terminate this agreement by ten days' written notice to the other party. In the event of
such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily
performed prior to the termination date.
3. Compensation The City agrees to pay the Contractor a fee not to exceed $8,229.00 plus
W.S.S.T. for the materials, as frill compensation for everything furnished and done under this agreement.
4. Payment The Contractor may elect to be paid in monthly installments, upon presentation of
an invoice to the City, or in a lump sum, upon completion of the work. Applications for payment shall be sent
to the City Clerk at the below- stated address.
Agreement for Construction Services Page 1 of 5 JJ r
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The City reserves the right to withhold payment under this agreement which is determined, in the
reasonable judgment of the City Manager, to be noncompliant with the Contract Plans, Contract Documents, or
City or State standards.
5. Notice Notice shall be given in writing as follows:
TO THE CITY: TO THE CONTRACTOR:
Name: Christine Bainbridge, City Clerk Name: Alan Zeutschel, Inc..
Phone Number: (5 09) 921 -1000 Phone Number: 509- 924 -1685
Address: 11707 East Sprague Ave., Suite 106 Address: P.O. Box 538
Spokane Valley, WA 99206 Greenacres, WA 99016
6. Applicable Laws and Standards The parties, in the performance of this agreement, agree to
comply with all applicable Federal, State and local laws, and City ordinances and regulations.
7. Prevailing Wages on Public Works Unless otherwise required by law, if this contract is for
a "public work" which is defined as "work, construction, alteration, repair or improvement other than ordinary
maintenance executed at the cost of the City," the following provision applies:
This agreement provides for the construction of a public work and a payment of prevailing
wages according to Washington law. All workers, laborers or mechanics shall be paid a
prevailing rate of wage.
Before any payment may be made to Contractor a "Statement of Intent to Pay Prevailing
Wages" must be submitted to the City. Following final acceptance of the public works
project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid"
before retained funds will be released to the Contractor. The affidavit must be certified by the
industrial statistician of the Department of Labor and Industries.
8. Relationship of the Parties It is hereby understood, agreed and declared that the Contractor
shall be an independent Contractor and not the agent or employee of the City, that the City is interested in only
the results to be achieved, and that the right to control the particular manner, method and means of the work is
solely within the discretion of the Contractor. Any and all employees who provide services to the City under
this agreement shall be deemed employees of the Contractor. The Contractor shall be solely responsible for the
conduct and actions of all its employees under this agreement and any liability that may attach thereto.
9. Ownership of Documents All drawings, plans, specifications, and other related documents
prepared by the Contractor under this agreement are and shall be the property of the City, and may be subject
to disclosure pursuant to RCW 42.56 or other applicable public record laws.
10. Records The City or State Auditor or any of them representatives shall have full access to
and the right to examine during normal business hours all of the Contractor's records with respect to all
matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts
or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of
matters covered by this contract for a period of three years from the date final payment is made hereunder.
11. Warranty. Unless provided otherwise in the Contract Plans or Contract Documents,
Contractor warrants all work and materials performed or installed under this contract are free from defect or
Agreement for Construction Services Page 2 of 5
failure for a period of one year following final acceptance by the City, unless a supplier or manufacturer has a
warranty for a greater period, which warranty shall be assigned to the City. In the event a defect or failure
occurs in work or materials, the Contractor shall within the warranty period remedy the same at no cost or
expense to the City.
12. Contractor to Be Licensed And Bonded The Contractor shall be duly licensed and bonded
by the State of Washington at all times this agreement is in effect.
13. 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.
No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to
limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types
described below:
1. Automobile Liability insurance covering all owned, non- owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) from CA 00
O1 or a substitute form providing equivalent liability coverage, If necessary, the
policy shall be endorsed to provide contractual liability coverage.
2. 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, stop gap liability, personal injury and
advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or
modification of the Commercial General Liability insurance for liability arising from
explosion, collapse or underground property damage. 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 10 01 and Additional Insured - Completed Operations endorsement CG 20
37 10 01 or substitute endorsements providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
B. Minimum Amounts ofinsurance. Contractor shall maintain the following insurance
limits:
1. Automobile Liability insurance with aminimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less that
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000
products- completed operation aggregate limit.
Agreement for Construction Services Page 3 of 5
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 to 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. Cancellation of Consultant's insurance shall be governed by either:
a. the policy shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty days prior written notice by certified mail,
return receipt requested, has been given to the City, or
b. the Consultant shall provide at least 30 days' prior written notice by
certified mail, return receipt requested of a cancellation.
D. Acceptability oflnsurers. hnsurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Evidence of Coverage. As evidence of the insurance coverages required by this
contract, the Contractor shall furnish acceptable insurance certificates to the City at the time
the Contractor returns the signed contract. The certificate shall specify all of the parties who
are additional insureds, and will include applicable policy endorsements, and the deduction or
retention level. Insuring companies or entities are subject to City acceptance. If requested,
complete copies of insurance policies shall be provided to the City. The Contractor shall be
financially responsible for all pertinent deductibles, self - insured retentions, and/or self -
insurance.
14. Indemnification and Hold Harmless The Contractor shall defend, indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or in connection with the performance of this agreement,
except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subjectto RCW 4.24.115
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees,
and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It
is fiirther 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. This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of the agreement.
15. Waiver No officer, employee, agent, or other individual acting on behalf of either party, has
the power, right, or authority to waive any of the conditions or provisions of this agreement. No waiver in one
instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded
in this agreement, or by law, shall be taken and construed as cumulative, and in addition to every other remedy
provided herein or by law. Failure of either party to enforce, at any time, any of the provisions of this
agreement, or to require, at any time, performance by the other party of any provision hereof, shall in no way
be construed to be a waiver of such provisions, nor shall it affect the validity of this agreement, or any part
thereof.
Agreement for Construction Services Page 4 of 5
16. Assignment and Delegation Neither party shall assign, transfer, or delegate any or all ofthe
responsibilities of this agreement, or the benefits received hereunder, without first obtaining the written consent
of the other party.
17. Jurisdiction and Venue This agreement is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
18. Arbitration All disputes arising under this agreement shall be resolved through arbitration
pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of
Arbitration.
19. Entire Agreement This written agreement constitutes the entire and complete agreement
between the parties, and supercedes any prior oral or written agreements. This agreement may not be changed,
modified, or altered, except in writing and signed by the parties hereto.
20. Anti - kickback No officer or employee of the City, having the power or duty to perform an
official act or action related to this agreement, shall have, or acquire, any interest in this agreement, or have
solicited, accepted, or granted, a present or future gift, favor, service, or other thing of value from any person
with an interest in this agreement.
21. Business Registration Prior to commencement of work, Contractor shall register with the
City as a business.
22. Severability If any section, sentence, clause or phrase of this agreement should be held to
be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any
other section, sentence, clause or phrase of this agreement.
23. Exhibits Exhibits attached and incorporated into this agreement are:
1. Proposal;
2. Insurance Certificates.
IN WITNESS WHFREOF, the parties have executed this agreement this ,2 day of
5 2010.
CITY OF SPOKANE VALLEY:
City Manager
CONTRACTOR:
Tax I.D. No.: REDACTED
ATTEST:
ity Clerk
APPROVED AS TO FORM:
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
Agreement for Co You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Page 5 of 5
10/12/10 TUE 19:17 FAA 15 099261994 _ ALAN ZEUTSCHEL LAND INC 121002
ALAN ZEUNTSAMNEEL, MCI
Contractors# ALANZI932JG
P.O. Box 538 office: (509) 924-16135
Greenacres, WA 99016 Cell: (509) 979 -6001
Email: copo4270msn.com Fax: (309) 926 -1994
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. 9 . * • 0 9 O
Date m ° ` LCD
S ITE LOCATION
OR JOB NAME _ I'Sce Ctnm
Dear Sir:
We propose to furnish all materials and perform all labor necessary to complete the following:
All of the above work to be completed according to standard practices for the sum
of Dollars
The entire amount of contract to be paid upon completion, or
Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for
same, and will become an extra charge over the sum mentioned in this contract, All agreements must be made in writing. This proposal good
for
days, or until Date
Respeotf II submitted,
By
ACCEPTANCE
You are hereby authorized to furnish all materials and labor required to complete the work mentioned In the above proposal, for which
I
agree to pay the amount mentioned in said proposal, and according to the terms thereof. All materials used
l
Zeutshchel, Inc. We reserve the right to retrieve all materials from property if payment Is not received in full.
ACCEPTED
Date , 20
eject are property or Ala
RECEIVED
Off 13 2010
PARKS & RECREATION DEPT.
This contractor le registered with the state of Washington, registration No, ALANZ1992JG, Asa specialty contractor and has posted With the state, a bond of $4,000 for the purpose of
satisfying cialme against the corltrEkctor for negligent or improper work or breach of contract In the canduct of the contractor's b uslneae.Thls bond or cash daposh may not be eutllclaru to
cover a claim which might arise from the work done under your contract. If any supplier of materials used in your construction project or any employas of the contractor or subcontractor
Is not paid by the contactor or subcontractor on yourjob your properly may be llened to force payment. If you wish additional protection, you may request the contractor to provide you
with original "Ilan release documents from each supplier or subcontractor on your project. The contractor Is required to provide you with further Information about Ilan release documents,
If you request it. General Information Is also avallable from the Department of tabor and industries.
10/25/2010 19:13 5097554508 STONESRAKER MCQUARY PAGE 01/09
DATE (MMIDDTMY)
� r CERTIFICATE CAF LIA ILITY IN U N E 10/29/2010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AIJER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOt DER -
IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the pclicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER NAMr: Valoye Christenherry
Stonabrake MCQu11,ry' Agency
P HONE (549) -x500 FAX ( 309)755-4509 - --
920 N Argonne Rd., Ste 134 E-MAIL Wthria tanker ry @atoneb+rakermequary.cam
PRODUCER
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INSURED �` i dI s IN Casualty ins Co 4074
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Alan ZElntsehel, Inc. - INSURER C:
4002 S Chapman Rd 'INsuRERD:
IN S_U_R_E R E
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rn>,reenr_ee f NIfMRFRr1.0. 7.1 aT. Naar Anard RFVIRIAN NIIMRFR:
THIS IS TO CERTIFY THAT THE POOCIE$ OF INSURANCE LISTED BELOW HAVE BEEN 1$$1JE TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE= AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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DESCRIPTION OF OPERATIONS ! LOCATIONS! VEHICLES (Attach ACORD 747, Additional Ramada Schcdulo, If more npgca is inquired)
Certificatte holder is additional insured with respect to the work of the insured per attached form CG8330
City of Spokane Vall
2426 N Discovery Place
Spokane Valley, WA 99216
ACORD 25 (2009/09)
INS025 (z0ons)
$HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
V Chris'tenbarry /VELOY
(9) 1988 -2009 ACORD CORPORATION. All rights reserved.
The ACORD dame and logs are registered mark* of ACORD
10125/2010 13:13 5097554508 STONESRAKER MCQUARY PAGE 02/09
COMMERCIAL, GENERAL LIABILITY
CG 85 30 12 03
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY
MASTER PAK 8
This endorsement modifies insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART
f l up tl
SUBJECT
PAGE
BLANKET ADDITIONAL INSURED (OWNERS, LESSEES, CONTRACTORS OR LESSORS)
2
FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT
3
NON -OWNED WATERCRAFT
4
SUPPLEMENTARY PAYMENTS (BAIL BONDS)
4
PERSONAL AND ADVERTISING INJURY - ELECTRONIC PUBLICATION EXTENSION
5
AGGREGATE LIMITS (PER LOCATION)
5
AGGREGATE LIMITS (PER PROJECT)
S
VOLUNTARY PROPERTY 13AMAGE COVERAGE
g
OPP PREMISES CARE, CUSTODY OR CONTROL COVERAGE
g
NEWLY FORMED OR ACQUIRED ORGANIZATIONS
7
DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
7
BODILY INJURY (MENTAL ANGUISH)
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
8
MEDICAL PAYMENTS
Includes copyrighted material of 150 Properties, Inc„ with its permission,
CG 83 30 12 03 160 Properties, Inc., 2003 Page 1 of 8
10/25/2010 13:13 5047554508 STONEBRAKER MCQUARY PAGE 03/09
1. BLANKET ADDITIONAL INSURED (Owners, Lessees, Contractors or Lessors)
(Includes a Primary/Non- Contributory provision)
Who is An Insured - Section 11 is amended to include as an insured any person or organization whom you are required
to name as an additional insured on this policy in a written contract or written agreement. The written contract or written
agreement must be currently in affect or becoming effective during the term of this policy and executed prior to the
"bodily injury," "property damage" or "personal and advertising injury."
The insurance provided the additional insured is limited as follows:
A. The person or organization is only an additional insured with respect to liability:
1. Arising out of real property, as described in a written contract or written agreement, that you own, rent,
lease or occupy; or
2. Caused in whole or in part by your ongoing operations performed for that insured.
The insurance provided the additional insured in 1.A,2, above does not apply to;
a. Coverage A - Bodily Injury and Property Damage Liability, Coverage B - Personal and
Advertising Injury Liability or defense coverage under the Suppiementary Payments arising
out of an architect's, engineer's or surveyor's rendering of or failure to render any professional
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;
and
(2) Supervisory, inspection, architectural or engineering activities.
b. "Bodily injury" or "property damage" occurring after_
(1) All work, including materials, parts or equipment furnished In connection with such work,
on the project (other than service, maintenance or repairs) Were performed by or on
behalf of the additional insured(s) at the site where the covered operations have been
completed; ar
(2) That portion of "your Work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or
subcontractor engaged in performing operations for a principal as part of the same
project.
E. The limits of insurance applicable to the additional insured are those specified in a written contract or written
agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III -
Limits Of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the
limits of insurance available under this policy.
C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of
the additional insured.
Includes copyrighted material of ISO Properties, Inc., with its permission.
CC 83 30 12 03 ISO Properties, Inc., 2003 Pagg 2 Qf 8
10/2512010 13:13 5097554508 STONEBRAKER MCQUARY PAGE 04/09
D. As respects the coverage provided to the additional insured under this endorsement, Section IV- Conditions is
amended as follows:
1. The fallowing is added to Oondition 2,13uties In The Event Of Occurrence, Offense, Claim, or Suit;
An additional insured under this endorsement will as soon as practicable:
a, Give written notice of an "occurrence" or an offense, that may result in a claim or "suit"
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.
2, The following is added to Condition 3. Legal Action Against Us:
We have no duty to defend or indemnify an additional insured under this endorsement until we receive
written notice of a claim or "suit" from the additional insured.
3. The following is added to Paragraph a., Primary insurance of Condition 4. Other Insurance:
If the additional insured's policy has an Other Insurance provision making its policy excess, and a
Named insured has agreed in a written contract or written agreement to provide the additional insured
coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek
contribution from the additional insured's policy for damages we cover.
4. The following is added to paragraph b., Excess Insurance of Condition 4, Other Insurance:
Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided
hereunder shall be excess over any other valid and collectible insurance available to the additional
insured whether primary, , excess, contingent or on any other basis. In the event an additional insured has
other coverage available for an "occurrence" by virtue of also being an additional insured an other
policies, this insurance is excess over those other policies.
2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE 13AMAGE TO PREMISES YOU RENT
If Damage To Promises Rented To You under Coverage A is not otherwise excluded from this policy, the,following
applies:
A. the last paragraph of 2. Exclusions of Section I - Coverage A is replaced by the following:
if Damage To Premises Rented To You is not otherwise excluded, 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 Section III - Limits Of insurance.
Includes copyrighted material of ISQ Properties, inc., with its permission.
CG 83 30 12 03 ISO Properties, inc., 2003 Page 3 of 8
10/2512010 13:13 5097554508 STONEBRAKER MCQUARY PAGE 05/09
& Paragraph 6. of Section iII - Wmits of insurance is replaced by the following:
6. Subject to a. above, the Damage To Premises Rented To You Limit shown in the Summary of
Limits and Charges section of this policy is the most we wilt pay under Coverage A for damages
because of "property damage" to premises rented to you or temporarily occupied by you with the
permission of the owner arising out of any one fire, lightning, "explosion" or sprinkler leakage
incident.
C. Paragraph b.(1)(b) of Condition 4. Other Insurance (Section IV — Conditions) is replaced by the
following:
(1) That is Fire, Lightning, Explosion or sprinkler Leakage insurance for promises rented to you or
temporarily occupied by you with the permission of the owner;
D, Paragraph 9.a. of the definition of "insured contract" in Section W Definitions is replaced by the
following:
9. "Insured contract" means:
a. A contract for the lease of premises. However, that portion of tho contract for a lease of
premises that indemnifies any person or organization for damages by fire, lightning,
"explosion" or sprinkler leakage to premises while rented to you or temporarily occupied
by you with the permission of the owner is not an "insured contract';
i-. The following definition is added to Section V - Definitions:
"Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of
material and evidence of the scattering of debris to locations further than would have resulted by gravity
alone.
"Explosion" does not include any of the following:
Artificially generated electrical current including electrical arcing that disturbs electrical
devices, appliances or wires;
2. Rupture or bursting of water pipes;
3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or
leased by you, or operated under your control; or
4. Rupture or bursting caused by centrifugal force.
1 NOWOWNED WATERCRAFT
Subparagraph g.(2) of Paragraph 2,, Exclusions of Section I - Coverage A is replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or iroperty for a charge:
4. SUPPLEMENTARY PAYMENTS
In the Supplementary Payments - Coverages A and 8 provision:
The limit for the cost of bail bonds in Paragraph 1.b. is changed from $260 to $1000.
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51 PERSONAL AND ADVERTiSING INJURY - ELECTRONIC PUBLICATION EXTENSION
Paragraphs 14.b., d. and e. of section V - Definitions are replaced by the following;
b. Malicious prosecution or abuse of process;
d, Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or
organization or disparages a person's or organization's goods, products or services;
e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of
privacy;
The following is added to Paragraph 14. "Personal and Advertising Injury" of Section V - Definitions:
h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but
only if suoh discrimination or humiliation is:
(1) Not done intentionally by or at the direction of;
(a) An insured; or
(b) Any "executive officer" director, stockholder, partner or member of the insured; and
(2) Not directly or indirectly related to the employment, prospective employment or terminetion of
employment of any person or persons by any insured.
Subparagraphs b. and c. of 2., Exclusions of Section I - Coverage E - Personal And Advertising injury Liability are
replaced by the following:
b. Material Published With Knowledge Of Falsity
"Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic
publication of material, if done by or at the direction 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 of material whose first publication took place before the beginning of the policy period;
AGGREGATE LIMITS OF INSURANCE (PER LOCATION)
The General Aggregate Limit under Section III Limits Of insurance applies separately to each of your "locations"
owned by or rented to you or temporarily occupied by you with the permission of the owner.
"Location" means premises involving the same or connecting lots, or premises whose Connection is interrupted only by a
street, roadway, waterway or right-of-way of a railroad.
7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT)
The General Aggregate Limit under Section Ill Limits Of Insurance applies separately to each of your projects away
from premises owned by or rented to you,
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a.
VOLUNTARY PROPERTY DAMAGE COVERAGE
At your request, we will pay for "loss" to property of others caused by your business operations, The most we will pay for
this coverage is $500 each "occurrence." The 'loss" must occur during the policy period. The "occurrence" must take
place in the "coverage territory".
"Loss" means unintended damage or destruction. "Loss" does not mean disappearance abstraction or theft_
This coverage does not apply to;
1 � Damage arising out of the use of any "auto ";
2. Property you own, occupy, rent or lease from others; or
3. Property on your premises for sale, service, repair or storage.
None of the other policy exclusions apply to this coverage.
9 ,
If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible
shall apply to Voluntary Property damage, The limit of coverage stated above shall not be reduced by the amount of this
deductible.
OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE
A. We will pay those sums that you become legally obligated to pay as damages because of "property damage" to
personal property of others while in your or your "employees" care, custody or control or real property of others
over which you or your "employees" are exercising physical control if the "property damage" arises out of your
business operations. This Coverage is subject to sections B., C., R. and E. below.
B. Exclusions
This insurance -shall not apply to:
1. "Property damage" of property at premises owned, rented, leased, operated or used by you;
2. "Property damage" of property while in transit;
3, The cost of repairing or replacing:
(a) Any of your work defectively or incorrectly done by you or by others on your behalf; or
(b) Any product manufactured, sold or supplied by you, unless the "property damage" is caused
directly by you after delivery of the product or completion of the work and resulting from a
subsequent undertaking; or
4. "Property damage" of property caused by or arising out of the "products- completed operations hazard ".
C. Limits Of Insurance - The most we will pay for "property damage" under this Section 9, is $5,000 for each
"occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of
"property damage" is an annual aggregate limit of $25
The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided
in the policy or endorsements attached to it.
D. Deductible - We will not pay for "property damage" in any one "occurrence" until the amount of "property
damage" exceeds $250. If the policy to which this endorsement is attached contains a "property damage"
deductible, that deductible shall apply if it is greatpr than $250.
E. In the event of "property damage" covered by this endorsement, you shall, if requested by us, replace the
property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or
overhead charges.
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10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS
STONEBRAKER MCQUARY
A. Paragraph 4. of Section II - Who Is An Insured is deleted and replaced by the following:
PAGE 08/09
4� Any business entity acquired by you or incorporated or organized by you under the laws of any Individual
state of the United States of America over which you maintain majority ownership interest exceeding fifty
percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no
similar insurance available to that entity. However:
a. Coverage under this provision applies only until the expiration of the policy period in which the
entity was acquired or incorporated or organized by you.
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before the entity
was acquired or incorporated or organized by you.
a. Coverage B does not apply to "personal and advertising injury" arising out of an offense
committed before the entity was acquired or incorporated or organized by you.
d. Records and descriptions of operations must be maintained by the first Named insured.
B. This Section 10. does not apply to newly formed or acquired organizations if coverage is excluded either by
provisions of the Coverage Part or by other endorsement(s) attached to it.
11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
A. The requirements in Section IV - Conditions, Paragraph 2.a., that you must see to it that we are notified of an
"occurrence" applies only when the " ocourrence" is known to:
1. You, if you are an individual;
2. A partner, if you are a partnership;
3 A member or manager, if you are a limited liability company;
4. An executive officer or designee, if you are a corporation;
5. A trustee, if you are a trust; or
fi. A designee if you are any other type of organization
B. The requirements in Section IV - Conditions Paragraph 2.b. that you must see to it that we receive written
notice of a claim or "suit' will not be considered breached unless the breach occurs after such claim or "suit" is
known to;
1. You, if you are an individual;
2. A partner, if you are a partnership;
3. A member or manager if you are a limited liability company;
4. An executive officer or designee, if you are a corporation;
S. A trustee, if you are a trust; or
8. A designee, if you are any other type of organization.
Knowledge of an "occurrence," claim or "suit" by the agent, servant or "employee" of any insured shall not in itself
constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or
"employee ".
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12. BODILY INJURY
Paragraph 3. of the definition of "bodily injury" in the Section V m Definitions is replaced by the following:
3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish
or death resulting from any of these at anytime.
13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against any person or organization for whom you perform work under a written contract that requires you to
obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement.
14. MEDICAL PAYMENTS
If Coverage C Medical PayrrMente is not otherwise excluded, the Medical Expense Limit provided by this policy shall be
the greater of:
A. $10,000; or
B. The amount shown in the Declarations.
All other terms and conditions of your policy remain unchanged_
Includes copyrighted material of 180 Properties, Inc., with its permission.
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