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HomeMy WebLinkAboutPW12-209 - Original - Barghausen Consulting Engineers, Inc. - Stormwater Design Comparative Analysis - 10/04/2012 T Records Management, KEN W g S H I y GTCN Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Barghausen Consulting Engineers, Inc. Vendor Number: ID Edwards Number Contract Number: PW 19 - 2, This is assigned by City Clerk's Office Project Name: Stormwater Design Comparative Analysis Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 10/4/12 Termination Date: 10/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Peterson Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Coduct a stormwater design comparative analysis. 5 Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Barghausen Consulting Engineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Barghausen Consulting Engineers, Inc. organized under the laws of the State of Washington, located and doing business at 18215 72"d Ave. S., Kent, WA 98032, Phone: (425) 251-6222/Fax: (425) 251-8782, Contact: Dan Balmelli (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall conduct a Stormwater Design Comparative Analysis - NPDES. For a description, see the Consultant's September 7, 2012 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by October 31, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eight Thousand, Five Hundred Dollars ($8,500.00), plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) J B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant 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. 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 Consultant 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 Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant 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 Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant 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. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor 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. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) .ry 'Oppoftunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant 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 Consultant'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 Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to 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 Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'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 Consultant 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 Consultant's part, then Consultant 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 Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant 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. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) 'authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant 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 Consultant's own risk, and Consultant 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. XIII. 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. 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 VII 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 Consultant. 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 CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) '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 Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. 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. CONSULTANT: CITY OFTENT: By: By ignatur ) _ ( gnature) Print Name: - Print Name: Timothy J. LaPorte, P.E. Its: Its: Pu 72,tg orks Director (title (Z DATE: - ,7 -- /Z DATE:-24 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Dan Balmelli Timothy J. LaPorte, P.E. Barghausen Consulting Engineers, Inc. City of Kent 18215 72Id Ave. S. 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 (425) 251-6222 (telephone) (253) 856-5500 (telephone) 425 251-8782 facsimile (253) 856-6500 (facsimile) Barghausen-Comparative analysis CONSULTANT SERVICES AGREEMENT - 5 (Under$10,000) 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: 1. 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. the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 17 day of 55r T , 20J2�, By: E 1 4z�;Zoe<, For: Wnn✓— Title: Lx' � Date: / ?, EEO COMPLIANCE DOCUMENTS - 1 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 - 2 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. Dated this day of , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A ¢GHA VS CIVIL ENGINEERING,LAND PLANNING SURVEYING ys 44U► `r September 7, 2012 cNGIO�19 Mr Brennan Taylor City of Kent Development Engineering Economic and Community Development 400 West Gowe Kent,WA 88032 RE. Scope of Work for Comparative Analysis between the Current City of Kent Stormwater Requirements and the New Department of Ecology Stormwater Requirements Prepared for the City of Kent Development Engineering Department Dear Brennan As requested, the following is the scope of work we would anticipate to be completed for a comparative analysis between the current 2002 Kent Surface Water Design Manual with addendums and the 2012 Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW) ANTICIPATED SCOPE OF WORK We will provide a comparative analysis in written form between the current 2002 Kent Surface Water Design Manual with addendums and the recently issued 2012 Department of Ecology Stormwater Management Manual for Western Washington(SWMMWW) The analysis will review two recent City of Kent projects, one residential and one commercial to identify changes to the projects that would be necessary to comply with the new Department of Ecology standards and will include any changes to runoff volumes, acreage needed for stormwater facilities, amount of developable area within the project and number of obtainable lots in the case of the residential development This comparative information will be presented in the form of a table comparing the two stormwater standards and the two projects The cost to develop civil engineering plans, Technical Information Report sods, groundwater or geotechnical reports, etc, and engineering design fees for each type of project will be estimated in a comparative analysis between the two standards and preliminary construction costs estimates will be prepared for each for each project under each standard The analysis will also identify key areas of the new requirements that may put the City of Kent at a competitive disadvantage with neighboring jurisdictions due to soils conditions, high groundwater table, existing development, etc If no disadvantage is evident, information will be provided to support this conclusion Deliverables will include a written analysis of study conclusions, a table comparing the points listed above between the two projects and the two standards, preliminary construction cost estimates comparing costs of each project constructed to the 2002 City of Kent standards and constructed to the 2012 Department of Ecology standards, a conceptual set of civil engineering plans to identify changes needed to the civil engineering design for each of the projects to meet the new Department of Ecology standards Schedule of Deliverables Draft Results September 25,2012 Conference Call September 27,2012 Final Product* October 1,2012 18215 72ND AVENUE SOUTH KENT,WA 98032 (425)251-6222 (425)251-8782 FAX BRANCH OFFICES ♦ OLYMPIA,WA ♦ CONCORD,CA ♦ TEMECULA CA w m barghausen com Mr Brennan Taylor City of Kent Development Engineering Economic and Community Development -2- September 7,2012 The scope of work also includes one 2-hour meeting with the City of Kent to present the information, and review findings and conclusions Hourly Not To Exceed Budget, $8,500 Including Reimbursable Expenses The following is a breakdown of the estimated staff hours and costs associated with each of the main project tasks listed above Design Engineer 26 Hours @$104/hour=$2,704 Senior Project Engineer. 16 Hours @$132/hour=$2,112 CADD Technician 22 Hours @$80/hour= $1,760 Principal Engineer 8 Hours @$156/hour=$1,248 Administrative Support Services 6 Hours @$52/hour=$312 Reprographic Services Lump Sum Estimate=$300 1 believe that the above-referenced scope of work summarizes the basic requirements outlined in your email dated August 23, 2012 All reimbursable expenses will be in addition to the proposed contract fees and will be itemized each month and billed as outlined on our Standard Invoicing Procedures Fee Schedule Administrative support services are billed on an hourly rate basis according to the attached fee schedule We consider computer administration services to be a reimbursable expense for the purpose of this contract and will charge a fee equal to three percent(3%)of our professional fees If you have any questions or would like to discuss this proposal in further detail, please feel free to contact me This proposal will be valid if executed within 90 days of the date of this letter We appreciate the opportunity to provide our services to your company and look forward to working with you on this project Visit our web site at www.barghausen.com to learn more about our company and to see what other services we have to offer. Sincerely, Daniel K Balmelh, P E Executive Vice President DKB/bd Q 828.doc cc BCE/Proposal EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant 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) form CA 00 01 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, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant'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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single it for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurahbe shall be written with limits no less than $1,000,000 per claim 6'n'd $1,000,000 policy aggregate limit. 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 Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant'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 Consultant and a copy of the endorsement naming the City as additiona,h insured shall be attached to the Certificate of Insurance. The,City reserves the right to receive a certified copy of all requirecl insurance policies. The Consultant'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 ANII. Consultant 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. E. Subcontractors Consultant 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 Consultant. ATE A� CERTIFICATE OF LIABILITY INSURANCE D10/04IDOfY2 10/04/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pollcy(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 1-425-454-3386 CONTACT Gail Scott NAME Arthur J Gallagher Risk Management Services, Inc PHONE FAX c No Ext 425-58fi-1031 AIC No 425-451-3716 P O. Box 367 E-MAIL ail Scott®a com ADDRESS 4 jg• Bellevue, WA 98009-0367 INSURERS AFFORDING COVERAGE NAIC# INSURERA NATIONAL SURETY CORP 21881 INSURED INSURERS Barghausen Consulting Engineers, Inc. INSURER C 18215 - 72nd Avenue South INSURER Kent, WA 98032-1006 INSURER INSURER F COVERAGES CERTIFICATE NUMBER 29522348 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADD SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMfDDIYYYY MMIDD/YYYY A GENERAL LIABILITY MZX80938409 02/26/1 02/26/13 EACH OCCURRENCE � $ 2,000,000 X DAMAGE TO RENTED 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES�Ea occirrence E CLAIMS-MADE Ix— MED EXP(Any one person) $ 5,000 X Contractual Liab.Incl. PERSONAL&ADV INJURY $ 21000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X ?RO- LOC $ A AUTOMOBILE LIABILITY MZX80938409 02 26 1 02/26/13 COMBINED SINGLE LIMIT 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per acadent) $ HIRED AUTOS NON-OWNED PROPERTYDAMAGE $ AUTOS Per acadent E UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION MZX80938409 Stop Gap Cnl 02/26/1 02/26/13 WCSTATU- OTH AND EMPLOYERS'LIABILITY �ANY PRDPRIETCRMARTNERIEXECUTIVE N/A EL EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED' (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ 1,000,Q00 If yes,describe under 1,00 0,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Workers Compensation covered by Washington State Industrial with Dept. of Labor & Industries The City of Kent is included as Additional Insured for General Liability (GL A/I Endta #CG2026 and CG2037) as respects operations of the Named Insured. Primary & Non-Contributory applies CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS Attn Nancy Yoshitake 400 West Gowe AUTHORIZED REPRESENTATIVE Kent, WA 98032 USA ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD lathabe 29522348 1 ATE(MM ACC)RE) 10/04/2012 CERTIFICATE OF LIABILITY INSURANCE D /DD/Y 10/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED,the policy(es) 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 endorsements) PRODUCER 1-425-454-3386 CONTACT Gail Scott NAME Arthur J. Gallagher Risk Management Services, Inc. PHOIAJCNNo Ext 925-586-1031 aC No 425-451-3716 P O Box 367 AD RIESS gail scott®ajg com Bellevue, WA 9 8009-0367 INSURERS AFFORDING COVERAGE NAIL# INSURERA TRAVELERS CAS & SURETY CO 19038 INSURED INSURER B Barghausen Consulting Engineers, Inc. INSURER C 18215 - 72nd Avenue South INSURER Kent, WA 98032-1006 INSURER INSURER F COVERAGES CERTIFICATE NUMBER 29522349 REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ^ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSft rypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMBS LTR POLICY NUMBER MM/DDIYYYY MM/DDlVVVY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES RENT occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL B ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGO $ POLICY I JRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident _ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per acadenl UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN ER ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N/A E L EACH ACCIDENT $ OFFICERWEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYE $ f yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ A Professional Liability 105293694 02/26/1 02/26/13 Per Claim Limit 11000,000 Claims Made Policy Aggregate 2,000,000 Retention 100,000 DESCRIPTION OF OPERATIONS LOCATIONS l VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Evidence of Insurance, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS Attn: Nancy Yoshitake 400 West Gowe AUTHORIZED REPRESENTATIVE ,,�,` 1 - - Kent, WA 98032 `' � 6"W eW.� USA ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD lathabe 29522349 r a POIACY N1JMBER S 86 MZX 80933409 NAMED INSURED BARGHAUSEN CONSULTING ENGINEERS INC PORTFOLIO POLICY (R) GENERAL LIABILITY DECLARATIONS Insurance is provided only for those Coverages, Limits of Liability and Endorsements shown below. Coverages Limits of Liability COMMERCIAL GENERAL LIABILITY COVERAGE PART _ GENERAL AGGREGATE LIMIT (Other Than Products - $2,000,000 Completed Operations) PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT 42,000,000 PERSONAL & ADVERTISING INJURY LIMIT $2,000,000 EACH OCCURRENCE LIMIT $2,000,000 DAMAGE TO PREMISES RENTED TO YOU LIMIT ANY ONE PREMISES $100,000 MEDICAL EXPENSE LIMIT ANY ONE PERSON $5,000 EMPLOYEE BENEFITS ADMINISTRATION ERRORS AND OMISSIONS INSURANCE AGGREGATE LIMIT $1,000,000 EACH EMPLOYEE LIMIT $1,000,000 The audit period shall be ANNUAL GENERAL LIABILITY ENDORSEMENT(S) EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY (CG 22 43 07 98) COMPLETE ASBESTOS EXCLUSION (CG 70 93 12 92R) EMPLOYEE BENEFITS ADMINISTRATION ERRORS AND OMISSIONS INSURANCE s (EB 70 00 12 97) U _----:;MULTICOVER - WITHOUT MEDICAL PAYMENTS (CG 71 93 12 07 S) a' ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS u CG 20 37 07 04) y u GL - 1 POLICY NUMBER S 86 MZX 80939409 NAMED INSURED BARGHAUSEN CONSULTING ENGINEERS INC PORTFOLIO POLICY (R) COMMERCIAL GENERAL LIABILITY DECLARATIONS (Continued) GENERAL LIABILITY ENDORSEMENT(S) (continued) AMENDMENT TO CONDITION 4. OTHER INSURANCE (CG 72 53 09 05) PERSONAL AND ADVERTISING INJURY HAZARD REDEFINED CCG 72 75 06 07) RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION (CG 00 68 05 09) SUPPLEMENTARY STATE ENDORSEMENT(S) CALIFORNIA CALIFORNIA CHANGES (CG 32 34 01 05) WASHINGTON WASHINGTON CHANGES CCG O1 81 05 08) WASHINGTON CHANGES - EMPLOYMENT (CG 01 97 12 07) FUNGI DR B ?A EXCLUSION - WASHINGT 72 78 04 08) TIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION CCG 20 26 07 04) C62026 0704 SCHEDULE NAME OF ADDITIONAL INSURED PERSONS) OR ORGANIZATIONS) "BLANKET WHERE REQUIRED BY WRITTEN CONTRACT" ADDITIONACOMPLETED OPERATIONS OPERATIONS CCG 20 37 07 04) C62037 D704 SCHEDULE NAME OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATIONS) "BLANKET WHERE REQUIRED BY WRITTEN CONTRACT" AN _ _. GL - 2 Additional Insured - Designated Person or Organization - CG 20 26 07 04 w Policy Amendment(s) Commercial General Liability Insured: BARGRAUSEN CONSULTING ENGINEERS INC Policy Number: S 86 MZX 80938409 Producer: ARTHUR J. GALLAGHER RISK MANAG Effective Date: 02-26-12 This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Additional Insured Person(s) Or Organization(s) (If no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement.) Section II - Who Is An Insured is amended to include A. In the performance of your ongoing operations; as an additional insured the person(s) or organization(s) or shown in the Schedule,but only with respect to liability for bodily injury, property damage or personal and ad- B. In connection with your prerruses owned by or vertising injury caused, in whole or in part, by your acts rented to you. or omissions or the acts or omissions of those acting on your behalf: This Form must be attached to Change Endorsement when issued after the policy is written One of the Firem-an's Fund Insurance Companies as named in the policy Secretary President CG2026 7.04 Copyright,ISO properties,Inc.,2004 _- Additional Insured - Owners, Lessees or Contractors - Completed Operations - CG 20 37 07 04 Policy Amendment(s) Commercial General Liability Insured: BARGHAUSEN CONSULTING ENGINEERS INC Policy Number: S 86 MZX 80938409 Producer. ARTHUR J. GALLAGHER RISK MANAG Effective Date: 02-26-12 This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Additional Insured Person(s) Location And Description Of Or Organization(s) Completed Operations (If no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this indorsement.) Section,H- Who Is An Insured is amended to include or in past, by your work at the location designated and as an additional insured the person(s)or organi7ation(s) described in the schedule of this endorsement per- shown in the Schedule,but only with respect to liability formed for that additional insured and included in the for bodily injury or property damage caused, in whole products-completed operations hazard. This Form must be attached to Change Endorsement when issued after the policy is written. QOno of the Firemaa's Fund Insurance Companies as named to thL policy CL Secretary president N U CO2037 7•04 Copynght,LSO Properties,Inc.,2U04 ,. o_ -'MultiCovery - Without Medical Payments - CC 71 93 12 07 Policy Amendment(s) Commercial General Liability Coverage Form Your Commercial General I,iablhty Coverage Form is (3) Coverage B does not apply to per- revised as follows. sonal and advertising injury arising out of an offense committed before 1. Broadened Named Insured you acquired or formed the organ- ization A. SECTION 1I - WHO 1S AN INSURED, item 3., is deleted and replaced by the follow- B. SECTION II - WHO IS AN INSURED,the mg• last paragraph, is deleted and replaced by the following- 3. Any organization that you own at the inception of this policy, or newly acquire No person or organization is an insured with or form during the policy period, and respect to the conduct of any current or past over Much you maintain during the pol- partnership, joint venture, or limited liability icy period majority ownership or major- company that is not shown as a Named In- ity interest, will qualify as a Named sured in the Declarations. however, this does Insured if- not apply to a limited liability company that meets all of the conditions in Section Il - a. There is no other similar insurance Who Is An Insured, item 3., above. available to that organization; and 2. Additional Insured b. The fust Named Insured shown in SECTION I1 - WHO IS AN INSURED, sub- the Declarations has the responsi- section 2.e., is added as follows• bility of placing insurance for that organization, and e. Any person or organization is included as an Aft additional insured,but only to the extent such c. That organization is incorporated or person or organization is held liable for organized under the laws of the bodily injury,property damage or personal and United States of America. advertising injury caused by your acts or omissions. With respect to the insurance af- However forded to such insured, all of the following (1) Coverage under this provision 3 is additional provisions apply: afforded only until the next occur- (1) You and such person or organization nng annual anniversary of the be- have agreed in a written insured contract ginning of the pohcy period shown that such person or organization be ad- in the Declarations,or the end of the ded as an additional insured under this policy period, whichever is earlier, policy; and (2) The bodily injury, property damage or (2) Coverage A does not apply to bodily personal and advertising injury for which injury or property damage that said person or organization is held liable occurred before you acquired or occurs subsequent to the execution of formed the organization;and such insured contract; This Form must be attached to Change Endorsement when issued after the policy is written One of the Fireman's Fund In ante Companies®as named in the policy �� -k �4. A10 Secretary U President - CG7193 12-07S Copynght 2007,Fireman's Fund insurance Company,Novato,CA. !ill rights reserved Includes copynghted tiarcnal of Insurance Services Office,Inc.,mth its percussion. Page I of 6 (3) The most we will pay is the lesser of (c) Which takes place after that portion either the Limits of Insurance shown in of your work out of which the Injury = the Declarations or the limits of uisur- or damage arises has been put to its ance required by the insured contract; intended use by any other person or = organization other than another (4) Such person or organization is an insured contractor or subcontractor engaged _ only with respect to in performing operations for a prin- cipal as part of the same project; (a) Their ownership, maintenance, or use of that part of the premises, or (d) Which takes place after the expira- land, owned by, rented to, or leased tion of any equipment lease to to you, except such person or or- which (4)(d) above applies; ganization is not an insured with re- spect to structural alterations, new (6) With respect to architects, engineers or construction or demolition open- surveyors, coverage does not apply to v. ations performed by or on behalf of bodily injury, property damage or per- such person or organization; sonal and advertising injury arising out of the rendering or failure to render any (b) Your ongoing operations performed professional services by or for you, in- for that insured; eluding: (c) Their financial control of you, ex- (a) The preparing, approving, or failing cept such person or organization is to prepare or approve, maps, shop not an insured with respect to struc- drawings, opinions, reports, surveys, tural alterations, new construction field orders, change orders, or draw- or demolition operations performed ings and specifications; by or on behalf of such person or organization; (b) Supervisory, inspection, architec- tural, or engineering services (d) 77he maintenance, operation or use by you of equipment leased to you However,if an Additional Insured endorsement is by such person or organization; attached to this policy that specifically names a person or organization as an insured, then this (e) Operations performed by you or on subsection 2 e does not apply to such person or your behalf and for which a state or organization political subdivision has issued a 3 Additional Insured- Vendors permit, provided such operations are not performed for such state or po]- Unless the products-completed operations hazard itical subdivision, and are not m- is excluded from this policy, SECTION II-WHO eluded within the products-completed IS AN INSURED, itern 2.£ is added as follows: operations hazard; f. Any vendor of yours is included as an addi- (i) This insurance does not apply to bodily tional insured, but only with respect to bodily injury, property damage, personal and injury or property damage caused by your advertising injury, occurrence or offense: products which are distributed or sold in the (a) Which takes place at a particular regular course of the vendor's business, sub- (a) to the following additional exclusions: premises after you cease to be a tenant of that premises; (I) The insurance afforded the vendor does (b) Which takes place after all work, in- not apply to: 9 eluding materials, parts or equip- (a) Bodily injury or property damage for u ment furnished in connection with which the vendor is obligated to pay such work to be performed by or on damages by reason of the assump- behalf of the additional insured at tion of liability in a contract or the site of the covered operations, agreement. This exclusion does not w has been completed; apply to liability for damages that G CG7193 12-07S Copynght 2007,Flreman s Fund insurance Company,Novato,CA. All nghis reserved. Includes copynghted material or Insurance Services Otfim Inc,anth its perrmutom Rage 2 of 6 0 0 the vendor would have in the ab- 4. Additional Ensured - Limited Primary and Non- sence of The contract or agreement, contributory Provision (b) Any express warranty unauthorized The following is added as a second paragraph to by you; Section IV Conditions, Condition 4 Other Insur- (c) Any physical or chemical change in ance, following paragraph b(2): the product made intentionally by However, if you have added any person, organ za- the vendor; tion or vendor of yours as an additional insured to (d) Repackaging,unless unpacked solely this policy by way of this MultiCoverV endorse- for the purpose of inspection, dem- ment and have agreed in a written insured contract onstration, testing, or the substi- that this insurance is primary and non-contnbu- tution of parts under instructions tory with other insurance available to that addi- from the manufacturer, and then re- tional insured, this insurance is primary and we packaged in the original container; will not seek contribution from such additional msured's other insurance. `17us provision does not (e) Any failure to make such in- apply to other insurance to which such additional spections, adjustments, tests or ser- insured has been added as an additional insured. vicing as the vendor has agreed to make or normally undertakes to 5. Waiver of Subrogation make in the usual course of busi- ness, in connection with the disinb- SUCTION IV - COMMERCIAL GENERAL ution or sale of the products; LIABILITY CONDI'l IONS, item 8•, is deleted (fl and replaced by the following; Demonstration, installation, servic- ing or repair operations, except such 8. Transfer of Rights of Recovery Against Oth- operations performed by the vendor ers to Us and Blanket Waiver of Subrogation in full comphance with the man- ufacturer's written instructions at the a. If the insured has rights to recover all or vendor's premises in connection part of any payment we have made under with the sale of the product; this Coverage Part, those rights are transferred to us The insured must do (g) Products which, after distribution nothing after the loss to impair those or sale by you,have been labeled or rights. At our request, the insured will relabeled or used as a container, part bring suit or transfer Those rights to us or ingredient of any other flung or and help us enforce them substance by or for the vendor, or (h) Bodily injury or property damage b. If required by a written insured contract arismg out of the hability of the executed prior to the occurrence or of- vendor for its own acts or omissions fense, we waive any right of recovery we or those of its employees or anyone may have against any person or organ- else acting on its behalf ization named in such insured contract, because of payments we make for injury (2) This insurance does not apply to any in- or damage arising out of your operations sured person or organization from whom or your work for that person or organ- you have acquired such products or any ization. ingredient, part or container, entering into, accompanying or containing such 6. CanedWion- 120 Days products. Common Policy Conditions endorsement IL0017, However, if an Additional Insured - Vendors A. Cancellation, item 2.b. is deleted and replaced endorsement is attached to this policy that by the following: specifically names a person or organization as an insured, then this subsection 2.£ does not b. 120 days before the effective date of cancella- apply to that person or organization. tion if we cancel for any other reason. CG7193 12-075 Copyright 2007,Fircmari s Fund Insurance Company,Novato,CA. All rights reserved. Includes copyrighted material of Insurance services Office,Inc.,with its permsaon. Page 3 of 6 7. Liberalization b. The Damage To Premises Rented To You Limit shown in the Decla- SECTION IV - COMMERCIAL GENERAL rations ® LIABILITY CONDITIONS, the following is ad- ded as an additional Condition: C. SECTION IV - COMMERCIAL GEN- F,RAL LIABILITY CONDITIONS, 4. _ Liberalization Other Insurance, b. Excess Insurance, (1)(a), t a change in our forms or rules which items (i) and (di), are deleted and replaced by If we adopt g the following would broaden the coverage provided by any form that is a part of this policy without an extra (i) That is Fire, Explosion, Sprinkler Leak- premium charge, the broader coverage will apply age or Lightning insurance for premises to this policy This extension is effective upon the while rented to you, temporarily occu- approval of such broader coverage in your state. pied by you with permission of the owner, 8. Fire, Explosion, Sprinkler Leakage, or Lightning ' Legal Liability Coverage ten agreement with managed you under a writ- t the owner,h _ A. SUCTION I - COVERAGES, COVERAGE (iii) That is insurance purchased by you to cover your liability as a tenant for A BODILY INJURY AND PROPERTY property damage t premises rented to DAMAGE LIABILITY, 2. Exclusions, the last paragraph, is deleted and replaced by the you, temporarily occupied by you with following: the permission of the owner, or managed by you under a written agreement with Exclusions c, through n. do not apply to the owner; or damage by fire, explosion, sprinkler leakage, D. SECTION V - DEFINITIONS, 9. Insured or lightning to premises while: Contract, item a., is deleted and replaced by 1. Rented to you; the following 2. Temporarily occupied by you with the (a) A contract for a lease of premises. permission of the owner, or However, that portion of the contract for a lease of premises that indemnifies any 3. Managed by you under a written agree- person or organization for damage by ment with the owner. fire, explosion, sprinkler leakage, or lightning to premises while rented to you, A separate limit of insurance applies to this temporarily occupied by you with per- coverage as described in Section III- LIMITS mission of the owner, or managed by you OF INSURANCE. under a written agreement with the B. SECTION III - LIMITS OF INSURANCE, owner, is not an insured contract; item 6, is deleted and replaced by the follow- 9. Damage to Invitees' Automobiles from Fairing ing: Trees or Tree Limbs- Limited Coverage 6. Subject to S. above, the Damage to 'hits coverage applies to direct physical damage to Premises Rented To You Limit shown automobiles owned by invitees subject to all of the in the Declarations, for property damage following• to any one premises while rented to you, or in the case of damage by fire, explo- )- Provided such damage originates from trees sion, sprinkler leakage, or lightning while on premises owned, managed,leased or rented rented to you, temporarily occupied by by an insured; you with the permission of the owner, or managed by you under a written 2. Coverage applies only to invitees of an in- agreement with the owner, is the greater sured or an insured's tenant; of: 3. Such damage is directly caused by wind-dri- tv a. $1,000,000 Any One Premises; or ven falling trees or tree limbs, u C07193 12.07S Copyright 2007,Fircmarls Fund Insurance Company,Novato,CA. All rights resmcd.S Includes copynghted matenal of insurance Services Office,Inc,mth its perimsnon, Page 4 of 6 4. The most we will pay for any one loss is the 13. Personal and Advertising Injury - Contractual lowest of: Unless personal and advertising injury is excluded a. the actual cash value of the damaged au- from this policy the following applies' tomobile as of the time of the loss; or SECTION 1 - COVERAGES, COVERAGE B, b. the cost of repairing the damaged auto- 2 Exclusions, item e , is deleted. mobile; or 14. Fellow Employee Coverage c, the cost of replacing the damaged auto- SECTION 11 - WHO IS AN INSURED, 2.a., mobile with another automobile of like item (1) is deleted and replaced by the following: kind and quality. Regardless of the number of occurrences, (1) Personal and advertising injury: losses or claims, this coverage is subject to a however, subsections (a), (b), (c) and (d) of item limit of$25,000 in any one policy period; (1) remam unchanged. 5. This coverage is not subject to the General. 15. Bodily Injury Definition- Broadened Inability General Aggregate Limit; and SECTION V - DBI-INI LIONS, 3. Bodily Injury 6. We will make payments under this coverage is deleted and replaced by the following: without regard to fault. Bodily injury means bodily injury, sickness or dis- 10. Non-Owned or Chartered !Watercraft ease sustained by a person including death or mental anguish resulting from any of these at any SECTION I - COVERAGES, COVERAGE A time. Mental anguish means any type of mental BODILY INJURY AND PROPERTY DAM- or emotional illness or disease AGE LIABILITY, 2. Exclusions item g.Aircraft, onAuto, or Watercraft, item (2), is deleted and re- 16. Expected or Intended Injury - Amendment to Ex- 1w placed by the following- (2) (2) A watercraft you do not own that is: SECTION I. Coverage A Bodily Injury and Pro- perty Damage Liability, 2. EXCLUSIONS, a. Ex- (a) Less than 51 feet long; and pected or Intended Injury, is deleted and replaced by the following- (b) Not being used for public transportation a. Expected or Intended Injury or as a common earner, I]. Chartered Aircraft Bodily injury or property damage expected or intended from the standpoint of the insured. SECTION I - COVERAGES, COVERAGE A This exclusion does not apply to bodily injury BODILY INJURY AND PROPERTY DAM- or property damage resulting from the use of AGE LIABILITY, 2. Exclusions, g Aircraft, reasonable force to protect persons or prop- Auto Or Watercraft, item(6), is added as follows: erty, (6) An aircraft in which you have no ownership 17. Unintentional Failure to Disclose hazards interest and that you have chartered with creKr, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 6. Representa- 12. Coverage Territory - Broadened lions, the following is added: SECTION V - DEFINITIONS, item 4.a., is de- d. If you unintentionally fail to disclose any ha- leted and replaced by the following: zards existing at the inception date of this policy, we will not deny coverage under this a. The United States of America (including its Coverage Form because of such failure. AM territories and possessions), Puerto Rico, however, this provision does not affect our Canada,Bermuda,the Bahamas,The Cayman right to collect additional premium or exercise 14" Islands and the British Virgin Islands; our right of cancellation or non-renewal. CG7193 u•mS Copyright 2007,Fireman's Fund Insurance Company,Novato,CA. All rights reserved. Includes copyrighted material of Insurance Services Office,Inc., mtb its permission. Page 5 of 6 18. Supplementary Payments- Increased Limits (a) How, when and where the occurrence or offense took place; SECTION f - COVERAGES, SUPPLEMEN- TARY PAYMENTS - COVERAGES A AND (b) The names and addresses of any injured $, items 1 b. and l.d., are deleted and replaced by persons and witnesses; and the following: (c) The nature and location of any injury or b. The cost of bail bonds required because of damage arising out of the occurrence or accidents or traffic law violations arising out offense. of the use of any vehicle to which the Bodily 20. Nan Employment Discrimination Liability —. Injury Liability Coverage applies. We do not have to famish these bonds Unless personal and advertising injury is excluded d. All reasonable expenses incurred by the from this policy the following applies: insured at our request to assist us in the A. SECTION V - DEFINITIONS, 14 Personal investigation or defense of the claim or suit, and advertising injury, item h is added as fol- including substantiated loss of earnings up to lows: $500 a day because of time off from work. h. Discrimination 19. Duties in the Event of an Occurrence, Offense, Claim or Suit - Amended B. SECTION V - DEFINITIONS, item 23. is added as follows: SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 2.a. is deleted 23. Discrimination means the unlawful treat- and replaced by the following• ment of a person or class of persons be- cause of their specific race,color,religion, (1) You must see to it that we or any licensed gender, age, or national origin in com- agent of ours are notified of a General Liabil- parson to one or more persons who are ity occurrence or offense which may result in not members of the specified class- a claim as soon as practicable after it becomes known to: C. SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING IN- (a) You, if you are an individual; JURY LIABILITY, 2. Exclusions, the fol- lowing are added: (b) Your partner or member, if you are a partnership or joint venture; q. Discrimination directly or indirectly re- lated to the past employment, employ- (e) Your member, if you are a lirruted habil- ment or prospective employment of any ity company; person or class of persons by any insured; (d) Your executive officer if you are an or- r. Discrimination directly or indirectly re- gamzation other than a partnership, joint lated to the sale, rental, lease or sublease venture or limited liability company; or or prospective sale, rental, lease or sub- lease of any dwelling or permanent lodg- e) Your authorized representative or in=- ing by or at the direction of any insured; ante manager s. Discrimination, if insurance thereof is Knowledge of an occurrence or offense by prohibited by law; or persons other than those listed above does not imply that those listed above also have such t. Fines, penalties, specific performance, or knowledge. injunctions levied or unposed by a gov- ernmental entity, governmental code, (2) To the extent possible, notice should include: Iaw, or statute because of discrimination. a t7 U N V CG7193 12-07S Copynght 2009,Fimman's Fund rnsurance Company,Novato,GA. All nghts reserved. Includcs copyrighted matenal of Insurance services office, Inc.,aith its pem =on. Page 6 of 6 0 0 --Amendment to Condition 4. Other Insurance - CG 72 53 09 05 AM -Policy Amendment(s) Commercial General Liability %MW The following is added as a second paragraph to Sec- agreed in a written insured contract that this insurance tion IV Conditions, Condition 4. Other Insurance, fol- is primary and non-contributory with other insurance lowing paragraph b(2): available to that additional insured, this insurance is pnmary and we will not seek contribution from such However, if you have added any person, organization additional insured's other insurance. This provision or vendor of yours as an additional insured to this does not apply to other insurance to which such addi- policy by way of a MultiCove&endorsement and have tional insured has been added as an additional insured. AM This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund insurance Companies as named in the policy A I • � Secretary U President u CG7253 9.05 Designated Construction Project(s) General Aggregate Limit CG 25 03 05 09 Policy Amendment(s) Commercial General Ltabihty a Insured: BARGHAUSEN CONSULTING ENGINEERS INC Policy Number: S 86 MZX 80938409 Producer: ARTHUR J. GALLAGHER RISK MANAG Effective Date: 02-26-12 This endorsement modifies insurance under the following: Commercial General Liability Coverage Pali Schedule Designated Construction Projects Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. For all sums which the insured becomes legally expenses under Coverage C regardless of the obligated to pay as damages caused by occurrences number of: under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - a. Insureds; Coverage C, which can be attributed only to on- b. Claims made or suits brought; or going operations at a single designated con- struction project shown in the Schedule above: c. Persons or organizations making claims 1 A separate Designated Construction Project or bringing suits General Aggregate Limit applies to each des- 3. Any payments made under Coverage A for ignated construction project, and that limit is damages or under Coverage C for medical equal to the amount of the General Aggregate expenses shall reduce the Designated Con- Limit shown in the Declarations. struction Project General Aggregate Limit for that designated construction project. Such 2. The Designated Construction Project General payments shall not reduce the General Ag- Aggregate Limit is the most we will pay for gregate Limit shown in the Declarations nor the sum of all damages under Coverage A, shall they reduce any other Designated Con- except damages because of bodily injury or struction Project General Aggregate Limit for property damage included in the products- any other designated construction project completed operations hazard, and for medical shown in the Schedule above. U This Form must be attached to Change Endorsement when issued after the policy is written. One of the Firemen's Fund Insurance Companies as named in the policy v w .6 1� r LL IEJ Secretary K:T - President _ K� N U cG2503 5.09 mInmirance Services Office,Eric.,2W8 _ Page I of 2 0 0 4. The limits shown in the Declarations for Each 2. Such payments shall not reduce any Desig- Occurrence, Damage To Premises Rented To nated Construction Project General Aggregate You and Medical Expense continue to apply. Limit. However, instead of being subject to the General Aggregate Limit shown in the Decla- C. When coverage for liability arising out of the rations, such linnts will be subject to the ap- products-completed for operations hazard is provided, plicable Designated Construction Project any payments for damages because of bodily General Aggregate Lmut. injury or property damage included in the prod- ucts-completed operations hazard will reduce the B. For all sums which the insured becomes legally Products-completed Operations Aggregate Limit, obligated to pay as damages caused by occurrences and not reduce the General Aggregate Limit nor under Section 1 - Coverage A, and for all medical the Designated Construction Project General Ag- expenses caused by accidents under Section I - gregate Lurut. Coverage C, which cannot be attributed only to D. If the applicable designated construction project ongomg operations at a single designated con- has been abandoned, delayed, or abandoned and struction project shown in the Schedule above: then restarted, or if the authorized contracting 1. Any payments made under Coverage A for parties deviate from plans, blueprints, designs, damages or under Coverage C for medical specifications or timetables, the project will still expenses shall reduce the amount available be deemed to be the same construction project. under the General Aggregate Limit or the E. The provisions of Section Ill - Limits of Insurance Products-completed Operations Aggregate not otherwise modified by this endorsement shall Limit, whichever is applicable; and continue to apply as stipulated. .on ,rn Nfto CG2503 5-09 0&LVI FlCe semces office,rnc.,2009 Page 2 of 2 F1eetCovero Endorsement - CA 70 18 03 10 Policy Amendment(s) Commercial Business Auto Coverage Form - Motor Carrier Coverage Form —_ A. Broadened Named Insured as an insured under any other automobile li- abilitySection II - LiabilityCoverage, A. Coverage, 1. insurance policy whose limits of insur- ag + � + ante have been exhausted or whose insurer Who is An Insured,the following is added: has become insolvent. Any organization you own on the inception of this B. Broadened Who Is an Insured policy, or newly acquire or form during the policy period, and over which you maintain during the 1 Form CA0001 (il attached to this policy), policy penod, majority ownership or majority m- Section II- Liability Coverage, 1. Who Is An _ terest will qualify as a Named Insured if Insured, item b(2) is deleted, and d. is added as follows: (1) There is no other similar insurance available to that organization;and d. Your employee while using with your permission his owned auto, or an auto (2) The first Named Insured shown in the Dec- larations of this policy has the responsibility owned by a member of or her house- of placing insurance for that organization;and hold, in your business d o orr your persona] affairs, provided you do not own, hire or (3) The organization is incorporated or organized borrow that auto. under the laws of the United States of Amer- 2. Form CA0020 (if attached to this policy), ica' Section II- Liability Coverage, 1. Who Is An However: Insured, item b(2) is deleted, and f. is added as follows: o (a) Coverage under this provision is afforded orgy g until the next occumng 12 month anniversary f. Your employee or agent while using with of the beginning of the policy period shown your permission his owned private pas- in the Declarations, or the end of the policy senger type auto, or a private Inassenger o period, whichever is earlier, and type auto owned by a member of his or her household, in your business or per- (b) Coverage under this provision does not apply sonal affairs, provided do not own, to bodily injury or property damage that re- hire r W hat sults from an accident that occurred before you acquired or formed the organization; and C Ad ' onal Insured Coverage and Waiver of brogation (c) No person or organization is an insured with respect to any current or past partnership, or 1. Form CA0001 (if attached to this policy), joint venture that is not shown as a Named Section II- Liability Coverage, I Who Is An Insured in the Declarations; and Insured, the following is added as item e.;and foam CA002Q (if attached to this policy), (d) Coverage under A (1), (2) and(3) above does section II- Liability Coverage, 1. Who Is An not apply to any organvation that is covered Insured; the following is added as item g.- This Form must be attached to Change Endorsement when issued after the poh written One of the Fimman's Fund Insurance Companies as named in the policy a h secretary President N U CA7019 3-10 Page I of 7 S y person or organization with respect to Medical Payments Coverage, the Medical Pay- e operation, maintenance, or use, of a cov- ments Lunt of Insurance for those autos is revised ered auto, provided that you and such person to the greater of: or organvation have agreed under an ex- pressed provision in a written insured contract $5,000; or or written agreement, or a written permit is- sued to you by a governmental or public au- 2. The lunn shown in the Declarations thorhy, to add such person, organization, or E. F red Auto Physical Damage Coverage and Loss governmental or public authority to this pol- icy as an insured. o Use Expenses However, such person or organization is an fired Auto Physical Damage Coverage insured: If Physical Damage Coverage is provided by this (1) Only with respect to the operation, policy on your owned covered autos,the following maintenance, or use, of a covered auto; applies- and Any anto that you lease, hire, rent or borrow (2) Only for bodily injury or property d - without a driver, will be covered under this policy age caused by an accident wluch es for Physical Damage Coverage. However any place after: such auto: (a) You executed t sured contract 1. Will be covered only for the same Physical went; or Damage Coverage that applies to your owned covered autos, (b) The permit has been issued to you. 2 Will be subject to the same applicable OMWA 2. Form CA0001 (if attached to this policy), deductible shown in the Declarations that Section IV - Business Auto Conditions, A. applies to your most similar owned covered Loss Conditions, item 5.; and form CA0020 auto, except any Comprehensive Coverage (if attached to this policy), Section V-Motor deductible does not apply to loss caused by Carrier Conditions,A. Loss Conditions, item fire or lightning, and 6.,the following is added. 3. The most we will pay for any one loss in any Waiver of Subrogation one accident is the lesser of the following- If required by a: a. Actual cash value of the damaged or stolen property as of the time of the loss a. Written insured contract or written as determined by us;or agreement executed prior to the accident; or b. The cost of repairing or replacing the damaged or stolen property with other b. Written permit issued to you by a gov- property of like kind and quality ernmental or public authority prior to the accident; In addition, we will pay costs and fees associated with such covered loss only for a maximum time we waive any right of recovery we may have period of seven days beginning with the date of against any person or organization named in loss, subject to a maximum of$500. such contract, agreement or permit, because of payments we make for injury or damage However, ansmg out of the ownership, maintenance or use of a covered auto. 1 If form CA0001 is attached to this policy,this coverage does not apply to autos you lease, D Auto Medical Payments-Increased Limit hue, rent or borrow from any of your employees,partners(if you are a partnership), For each covered auto described in the Declara- members (if you are a limited liability com- tions or shown in the Schedule as having Auto pany) or members of their households, and enMs 3,10 Page 2 of 7 2. If form CA0020 is attached to this policy,this Conditions, 7. Policy Period, Coverage Territory, coverage does not apply to any private pas- b.(5)(a); is replaced by the following, senger type auto you lease, hire, rent or bor- row from any member of your household,any (a) A covered auto of the private passenger type of your employees, partners (if you are a is leased, hired, rented or borrowed without a partnership), members (if you are a limited driver for a period of 180 days or less; and liability company), or agents or members of G. Communication Equipment Coverage =_ their households. ^� hired Auto Loss of Use Expenses 1 Form CA 0001 (if attached to this policy), Section III - Physical Damage Coverage, C. Form CA0001 (if attached to this policy), Section Limit of Insurance, Paragraph 2, is deleted III - Physical Damage Coverage, A. Coverage, 4. and replaced by the following: Coverage Extensions, b. Lass of Use Expenses;and 2. $1,500 is the most we will pay for loss in form CA0020 (if attached to this policy), Section any one accident to all electronic equip- IV - Physical Damage Coverage, A. Coverage, 4. merit that reproduces, receives or trans- Coverage Extensions, b. Loss of Use Expenses; is mits audio, visual or data signals which, deleted and replaced by the followmg� at the time of the loss, is. b. For Hired Auto Physical Damage,we will pay 2. Form CA0020 (if attached to this policy), expenses for wluch an Insured becomes Iegally Section IV - Physical Damage Coverage, responsible to pay for loss of use of a vehicle Limits of Insurance, Paragraph 2 is deleted rented or hired without a driver, under a and replaced by the following: written rental contract or agreement. We will pay for loss of use expenses if caused by 2. $1,500 is the most we will pay for loss in any one accident to all electronic equip- (1) Other than collision only if the Declara- ment that reproduces, receives or trans- o tions indicate that Comprehensive Cov- mats audio, visual or data signals which, 8 erage is provided for any covered auto; at the time of the loss,is, 8 (2) Specified Causes of Loss only if the 11. -Tapes,Records, CDs and DVD Coverage Declarations indicate that Specified Causes of Loss is provided for any cov- A. Under Comprehensive Coverage, we will pay ered auto;or for toss to tapes,records,discs or other similar devices used with audio, visual or data elec- (3) Collision only if the Declarations indicate tropic equipment We will pay only if the that Collision Coverage is provided for tapes, records, discs or other similar audio, any covered auto. visual or data electronic devices: However, the most we will pay for any ex- 1. Are your property, or that of a family penses for loss of use is $100 per day, to a member, and maximum of$1,000. 2. Are in a covered auto at the time of a ? F Coverage Territory- IIIred Auto loss. Form CA 0001,(if attached to this policy),Section B. The most we will pay for loss is$250. o' IV- Business Auto Conditions, B. General Condi- C. Physical Damage Coverage provisions apply iry tions, 7. Policy Period, Coverage Territory, to this coverage, except that no deductible g b_(5)(a)is replaced by the following: applies. (a) A covered auto of the private passenger type 1, Personal Effects Coverage is leased, hired, rented or borrowed without a driver for a period of 180 days or less;and Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage, 4. N Form CA0020 (if attached to this policy), Section Coverage Extensions; and form CA0020 (if at- o V - Motor Carrier Conditions, B_ General tached to this policy), Section IV - Physical CA7019 3-10 Page 3 of 7 8 Damage Coverage, A. Coverage, 4. Coverage Ex- (1) We will pay only for those expenses in- tensions;item d. is added as follows. curred by you that begin 24 hours after the covered loss d. Personal Effects Coverage (2) We will cease paying for those expenses, We will pay up to $500 for loss for clothing items or other personal effects that are owned regardless of the policy's es, date, at the earlier ol'the following by an insured and are in an Owned auto at the following dates, time of a covered loss. (a) The number of days reasonably re- Personal Effects do not include audio visual quired to repair or replace the cov- or electronic devices, money, gLftcards, secu- ered auto. if loss is caused by theft, nties, jewelry, or tools. this number of days is added to the number of days it takes to locate and This coverage is excess over any other collet- return the covered auto to you; or tible insurance. (b) 45 days from the date this coverage No deductible applies to this coverage begins. J. Airbag Coverage (3) Our payment is limited to the lesser of the following amounts: 1. Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, B. (a) Necessary and actual expenses m- Exclusrons, 3 a; and form CA0020 (if at- curred by you;or tached to this policy), Section IV - Physical Damage Coverage, B. Exclusions, 3.a.; the (b) $1,500 following is added: (4) This coverage does not apply while there However, mechanical breakdown does not are spare or reserve autos available to you mean the unintended discharge of an airbag, for your operations. provided that any loss covered under this provision is excess over any other collectable (5) I£ loss results from the total theft of a insurance or warranty designed to cover such covered private passenger type auto (if unintended discharge CA0020 is attached to this policy), or a covered private passenger auto (if K. Rental Reimbursement CA0001 is attached to this policy), we Form CA0001 (if attached to this policy), Section will pay under this coverage only that III - Physical Damage Coverage, A Coverage, 4. amount of your covered rental expenses Coverage Extensions; and form CA0020 (if at- or additional transportation expenses tached to this policy), Section IV- Physical Dam- which are not already provided for under age Coverage, A Coverage, 4 Coverage the Physical Damage Coverage Exten- Extensions;item a is added as follows: sions c. Rental Reimbursement or Transportation L. Extended Towing Coverage Expenses 1. Form CA0001 (if attached to this policy), If loss occurs to a covered auto described or Section III - Physical Damage Coverage, A. designated in the Declarations or Schedule Coverage, 2 Towing, is replaced by the fol- ded covered for Physical Damage Coverage, lowing: we will pay for rental expenses for the rental of a similar replacement auto and additional 2. Extended Towing transportation expenses, incurred by you. This payment applies in addition to the oth- We will pay up to $750 per disablement erwise applicable amount of each coverage for towing and labor costs you incur each you have on the covered auto. No deductible tune your covered auto is disabled. applies to this coverage However: However CAMS 3-10 Page 4 of 7 a. All labor must be performed at the under Section III-Physical Damage = place of disablement,and Coverage, A. Coverage, Paragraphs 1, a., b, or c., there is no separate b. If the covered auto is of the private deductible for the Extended Towing passenger type, no deductible ap- Coverage. ` plies; and For purposes of this coverage, disable- c. If the covered auto is not of the pn- ment means a breakdown of the covered vate passenger type, our obligation auto including mechanical breakdown, to pay will be reduced by a $250 engine failure, or fire blowout, where re- deductible per disablement. pairs cannot be made roadside and a tow d. If the covered auto is not of the pri- is required to remove the auto from the vate passenger type and the disable- roadway and to seek additional services ment results from a loss covered and repair. under Section III-Physical Damage M Cancellation- 120 Days Notice Coverage, A. Coverage, Paragraphs 1, a, b., or c., there is no separate if we cancel this policy for any reason other than deductible for the Extended Towing nonpayment of premium, we will mail or deliver Coverage. to the first Named Insured at the last mailing ad- dress known to us, written notice of cancellation For purposes of this coverage, disable- at least 120 days prior to the effective date of can- ment means a breakdown of the covered cellation. auto including mechanical breakdown, engine failure, or tire blowout, where re- N Supplementary Payments-Increased Limits pairs cannot be made roadside and a tow is required to remove the auto from the Section II - Liability Coverage, 2. Coverage Ex- roadway and to seek additional services tensions, a. Supplementary Payments, items (2) and repair and (4) are replaced by the following: 2. Form CA0020 (if attached to this policy), (2) Up to $2,500 for the cost of bail bonds (in- Section IV - Physical Damage Coverage, A. cluding bonds for related traffic law vio- Coverage, 2. Towing- Private Passenger Au- lations) required because of an accident we tos,is replaced by the following cover. We do not have to furnish these bonds. 2 Extended Towing (4) All reasonable expenses incurred by the We will pay up to $750 per disablement insured at our request,including substantiated for towing and labor costs you incur each loss of earnings up to $500 a day, because of time your covered auto is disabled. tune off from work. However: O. Duties in the Event of Accident, Claim, Suit or a. All labor must be performed at the Loss- Amended z place of disablement; and Form CA0001 (if attached to this policy) Section b. If the covered auto is of the private IV - Business Auto Conditions, A. Loss Condi- passenger type no deductible applies, tions, item 2. a., and form CA0020 (if attached to s and this policy) Section V - Motor Carrier Conditions, A Loss Conditions, item 2. a; is replaced by the c. If the covered auto is not of the following: private passenger type our obligation to pay will be reduced by a $250 a. In the event of accident, claim, suit or loss, u deductible per disablement you must promptly notify us or our author- ized representative when it becomes known d. If the covered auto is not of the pri- to. N vate passenger type and the disable- ment results from a loss covered (1) You, if you are an individual; �W carols r-io Page 5 of 7 0 (2) Your partner or member, if you are a R. Limited Mexico Coverage partnership or joint venture; WARNING (3) Your member, of you are a limited liabil- ity company; AUTO ACCIDEN I'S IN MEXICO ARE SUB- JECT TO THE LAWS OP MEXICO ONLY - (4) Your executive officer if you are an or- NOT THE LAWS OF THL UNITED SPATES ganization other than a partnership,joint OF AMERICA THE REPUBLIC OF MEX- venture or limited liability company, or ICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL (5) Your authorized representative or msur- MATTER anee manager. IN SOME CASES THE COVERAGE PRO- Knowledge of an accident, claim, suit or loss by VIDED HERE MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND other persons does not imply that the persons WE MAY NOT BE ALLOWED TO IMPLE- lusted above have such knowledge. MENT 'I HIS COVERAGE AT ALL IN MEXICO YOU SHOULD CONSIDER PUR- CHASING AUTO COVERAGE FROM A (1) How, when and where the accident or loss LICENSED MEXICAN INSURANCE. COM- occurred, and PANY BEFORE DRIVING IN MEXICO. (2) The insureds name and address and THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OC- (3) To the extent possible,the names and address CUR OUTSIDE OF 25 MILES FROM THE of any injured persons and witnesses. BORDER OF THE UNITED STATES OFAMERICA. P. Unintentional failure to Disclose HazardsForm CA0001 (if attached to this policy), Section Form CA0001 (if attached to this policy), Section IV-Business Auto Conditions, B. General Condi- tions, item 7.; and form CA0020 (if attached to IV - Business Auto Conditions, B.General Condi- thus policy), Section V - Motor Carrier Condi- tions, item 2.; and form CA0020 (if attached to lions, B General Conditions, item 7.; the follow- this policy), Section V-Motor Carrier Conditions, ing is added B. General Conditions, item 2.; the following is added. The coverage territory is extended to include Mexico,but only I lowever,if you unintentionally fail to disclose any hazards existing at the inception date of this policy, a. For accidents or losses occurring within 25 we will not deny coverage under this Coverage miles of the United States border, and Form because of such failure Thus provision does b. For trips into Mexico of 10 days or Less; and not affect our right to collect additional premium or exercise our right of cancellation or non-rene- c. If the covered auto is principally garaged and wal' principally used in the United States; and Q. Fellow Employee Coverage d. If the insured is a resident of the United Section II - Liability Coverage, B. Exclusions, S. States. Fellow Employee, the following is added: If a loss to a covered auto occurs in Mexico, we pay for such loss.,in the United States. If the cov- However, this exclusion does not apply if the ered auto must be repaired in Mexico in order to bodily injury results from the use of a covered be driven,we will not pay for more than the actual auto you own or hire, and provided that any cov- cash value of such lip as deteurumed by us at the ` erage under this provision only applies in excess nearest United States point where the repairs can over any other collectible insurance. be made. CA7018 s•to Page 6 of 7 Any insurance provided under this provision will we will pay the greater of: s be excess over any other collectible insurance. (a) The actual cash value, as determined by —� S. Extended Glass Coverage us, of the damaged or stolen property as of the time of the total loss; or Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A Coverage, (b) The outstanding indebtedness under the item 3 a,; and form CA0020 (if attached to this initial finance agreement for the covered policy), Section IV - Physical Damage Coverage, auto and its equipment A. Coverage, item 3 a, is replaced by the follow- ing: As used here, outstanding indebtedness means the amount you owe on the finance agree- a. Glass breakage. If glass must be replaced,the ment at the time of total loss: deductible will be $100 or the deductible shown in the Declarations, whichever is less. (i)' Less any amounts representing taxes, If glass can be repaired and is actually repaired overdue payments, penalties, interest, or rather than replaced, the deductible will be charges resulting from overdue payments, waived You have the option of having the additional mileage, excess wear and tear, glass repaired rather than replaced, or lease termination fees; and T. Broadened Definition of Bodily Injury (ii) Less any administrative costs or overhead fees assessed by the fmance company Form CA0001 (if attached to this policy), Section who has leased the covered auto to you; V- Definitions,item C ; and Form CA0020 (if at- and tacked to this policy), SECTION VI - DEFI- (ui) Less security deposits not returned by the V NIT IONS, item C , is replaced by the following: lessor;and m C. Bodily Injury means bodily injury, sickness or disease sustained by a person including (iv) Less costs for extended warranties,Credit S Life Insurance, health, Accident or Dis- ability death or mental anguish resulting from any ability Insurance purchased with the loan of these at any time. Mental anguish means or lease and $ any type of menial or emotional illness or di- sease. (v) Less carry-over balances from previous IJ. Customer Lease or Loan Physical Damage Cover- loans or]eases. age Extension V Two or More Deductibles Form CA0001 (if attached to this policy), Section Section III - Physical Damage Coverage, D. De- III - Physical Damage Coverage, C. Lurut Of ]n- ductible,the following is added: surance; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, If another Fireman's Fund Insurance Company C.Limits Of Insurance;item 5.is added as follows, policy or coverage form that is not an automobile policy or coverage farm applies to the same aeci- z 5. If your covered owned auto is: dent or loss,the following applies: (3) Shown in the Schedule and designated (1) If the deductible under this Business Auto as covered fbr Physical Damage Cover- Coverage Form is the lesser of (or least) de- age; and ductible,it will be waived U (2) Shown in this policy as having a loss (2) If the deductible under this Business Auto apayee or additional-tnsured-lessor, and Coverage Form is not the lesser, (or least) de- ductible, it will be reduced by the amount of (3) Incurs a covered total loss; the lesser(or least) deductible. N 66V CA7019 i-to Page 7 of 7 S