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HomeMy WebLinkAboutPW14-114 - Original - Otak, Inc. - Briscoe-Desimone Levee Reach 1 - 04/30/2014 4& Records M a aageMe�ftk KENT � Document WASH INGTON „f f t 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. I Vendor Name: Otak, Inc. Vendor Number: JD Edwards Number 00 Contract Number: 0 ® ' i This is assigned by City Clerk's Office Project Name: Briscoe-Des!mone Levee Reach 1 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 4/30/14 Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Develop two graphic illustrations for the project. i S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT GOODS & SERVICES AGREEMENT between the City of Kent and Otak, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Otak, Inc. organized under the laws of the State of Washington, located and doing business at 10230 NE Points Dr., Suite 400, Kirkland, WA 98033, (425) 822-4446/Fax: (425) 827-9577, Contact: Chad Weiser (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall develop two graphic illustrations for the Briscoe-Desimone Levee Reach 1 Project. For a description, see the Vendor's Scope of Work which is j attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2014. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Eight Thousand Dollars ($8,000.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Under$10,000.00, including WSST) The Vendor shall be paid per the billing rates outlined in Exhibit A after execution of agreement and submittal of illustrations. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above, The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE, IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. I C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue, E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required GOODS & SERVICES AGREEMENT - 2 (Under$10,000.00, including WSST) by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. GOODS & SERVICES AGREEMENT - 3 (Under$10,000,00, including WSST) A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED, THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. I IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. GOODS & SERVICES AGREEMENT - 4 (Under$10,000.00, including WSST) X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this i Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference, XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City l requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. GOODS & SERVICES AGREEMENT - 5 (Under$10,000,00, including WSST) I 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 XI 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 Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. GOODS & SERVICES AGREEMENT - 6 (Under$10,000,00, including WSST) I J. 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. VENDOR: CITY OF KENT: By: By ign t r ) . o '(siidture) Print Name: it Print Name: Timothy J. LaPorte, P.E. Its: Its: Public Works Director DATE: DATE: , j fir°/J< y NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Chad Weiser Timothy J. LaPorte, P.E. Otak, Inc. City of Kent 10230 NE Points Dr., Suite 400 220 Fourth Avenue South Kirkland, WA 98033 Kent, WA 98032 (425) 822-4446 (telephone) (253) 856-5500 (telephone) (425) 827-9577 (facsimile) (253) 856-6500 (facsimile) Olak-Briscoe Levee 2/Langholz III GOODS & SERVICES AGREEMENT - 7 (Under $10,000,00, including WSST) I 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. 5. 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. By: i For: fad- Title: �t"rV20,;ft L Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i I EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Exhibit "A" Scope of Work March 31, 2014 Briscoe Desimone Levee Green River Graphic Illustrations Scope of Work Purpose The City of Dent is working with the Ding County Flood Control District having received funding for improvements and repairs to the Briscoe/Desimone Levee. This is a significant project along the Green River addressing protection from potential flooding and incorporates significant rivet habitat and sueamside ecosystem restoration elements.As part of the project, City of KcntPublic Works has issued a project brochure or booklet illustrating proposed improvements.The purpose of this scope is to update the illustrations of the project to reflect the latest design information regarding landscape restoration along the Green River and provide additional technical support with regard to the landscape and restoration design efforts. Scope of Work Task 1,0 Graphic Illustrations Otak will develop two graphic illustrations which are perspective views of the proposed Green River restoration plantings and associated trail and levee improvements.The graphic illustrations will reflect the size of plant materials at two different levels of maturity(10 year and 20 year) and also consider the projected survival rates which will affect the density of plantings portrayed.The two graphics of the project will be of the same perspective view,but reflecting the different plant maturity levels. I Otak will develop these graphics as high quality computer-generated 3D SketchUp views. Our opinion is that refinements and future changes can be mote efficiently addressed once these models are developed under these tasks. Otak will work with Kent staff to select the appropriate view for the perspective and then prepare draft illustrations for review and comment. Upon review and continent,Otak will prepare a final graphic for City use.Final deliverables will be provided in an electronic format, Deliverable - one (1)1)s*1GrnipliieIllustrationofBri.rcos-Derimone7_eveelntptvenesrt One(1)Final Graphic.111miration of Briscoe-Deshnone Levee Isnprnvesnents Task 2.0 Briscoe Desimone Levee Construction Documents & Design Guidance Otak will support the City in refinement of draft construction documents including railings at the top of levee walls which was not previously within the scope of work. Otak will also address final construction document modifications to the landscape construction drawings based on permit agency comments. Deliverable: Design Gsradance.for Railings along a Tvrdl Construrlion DcumrentRevirzons Total Time and Materials Budget Allowance (NTE) $8,000 City of Kent — Briscoe Desimone Graphic Illustrations 1 otak K:\projw\32200\32281\ContraetlBriscoeDesimoneLeviceGrapIlicIllustratlonsScopeotwork033114,doer i Scope of Work Continued Compensation As compensation for the performance of the services described above, Otak will be reimbursed by City of Kent on a time and materials basis to a not-to-exceed contract amount. In house and out-of- house reimbursable expenses for all tasks will be invoiced on a cost plus ten percent(10%) basis.An hourly rate schedule for each anticipated labor category has been attached as reference, Invoices will be sent monthly in a format acceptable to the Client, Otak agrees to inform the,Client if the Scope of NVork extends beyond that which is currently contracted prior to performing the work. Otak will require written approval before completing work in addition to the estimated time and materials allowance presented in this proposal. Schedule It is expected the graphics will need to be completed within six weeks of authorization. 1 Assumptions This proposal and Otak's agreement to perform said services is based upon the following assumptions: 1. Otak will use the 3D SketchUp model developed previously as abase starting point for this effort, 2. The Client shall provide the latest design information available for Briscoe-Desimone Levee. 3. The Client shall provide consolidated review comments on the draft illustrations, City of Kent —Briscoe Desimone Graphic Illustrations 2 otak K 9prnject1322GM2281\Cuntract\BriscoeDesimoneLeveeGraphielI lustrationsSeopeOf WorkO33114.docx Otalc,Inc.Bill Rate Schedule Bill Rates '. i I PIC/Sr.PM Architecture $177 I' St.PM-Architecture $150 Project Manager/Ambitect $126 Architect III $114 Architect I $94 - Architectural Tech 111 $101 Architectural Tech I $65 3D/VisuaG2ation Spec II $101 i Sr.PIC/Sr.PM Civil $198 PIC/St.I'M Civil $184 Civil Engineer X $169 Civil Engineer IX $159 Civil Engineer VIll $145 Civil Engineer VII $135 Civil Engineer VI $126 Civil Engineer V $119 Civil Engineer IV $108 Civil Engineer,III $102 Civil Engineer II $90 Civil Engineer I $83 Engineering Designer IV $95 Engineering Designer lA $83 Engineering Designer II $78 EngineexingDesignerI $69 Engineering Tech VI $107 Engineering Tech V $94 Engineering Tech IV $82 Engineering Tech III $72 Engineering Tech IT. $64 Engineering Tech I $56 St.PIC/Sr.PM LA/Nlst Pin $209 PIC/St.PNI LA/Master Plan $159 Landscape Architect V $115 Landscape Architect IV $105 Landscape Architect 11I $100 Landscape Architect II $87 Landscape Architect I $80 Landscape Technician III $74 Landscape Technician II $69 Landscape Technician 1 $62 Urban Designer V $159 Urban Designer IV $140 Urban Designee Il $111 PIC/Sr.PM Planner/Civil $185 Sr Pr0j.Mgt,-Planner 1 $149 Planner III $123 (;:\Users\chadw\App0ata\Local\Microsoft\Windows\Tempoarylnternet Plles\Content.OUtlook\lANU1510\stnd rate schedule.xl5x 1/3J?.014 it I O talc,Inc.Bill Rate Schedule Bill Rates Planner I1 $97 Planner I $79 Planner Associate III $70 Planner Associate II $63 Planner Associate I $61 St.GIS Specialist Plamvt $89 GIS Specialist-Planaet $76 PIC/Scientist $180 Scientist IV $123 Scientist III $112 Scientist II $75 Scientist I $62 PIC/PLS-St.Manager $195 PLS Sr.Manager $138 PIS-Project Managm $116 St PLS $103 Professional Land Suiveyr $88 Survey Techivcian $86 Stv Tch II,Sr,Fld Pr Ch $74 St.Field Survey Tech II $67 Sr.Field Survey Tech 1 $60 Field Survey Tech $54 Contract Admin $81 Project Acimin.Asst $68 i I C!\Users\chadw\AppOata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\1ANU1510\stud rate schedu le,xlsx 1/3/2014 III I 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. The City shall be named as an Additional 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. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum 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 than $1,000,000 each occurrence, $2,000,000 general aggregate. i I i EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The 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 additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The 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. E. Verification of Coverage 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 Consultant before commencement of the work. F. 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. A� CERTIFICATE OF LIABILITY INSURANCE DATE(MM,DWYYVY) 3/25/2014 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. 'i, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(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 CONTACT Peggy MacMillan -NAMJD Fulwiler & Co. Insurance, Inc, PHONE (903)293-8325 A/C e. (503)293-541a 5727 SW Macadam Ave pooRlesSe cmillan®jdfulwiler.com PO BOX 69508 INSURERS AFFORDING COVERAGE NAICIf Portland OR 97239 INSURER A:Travelers 19046 INSURED INSURERB:SELif Corporation 36196 Otak Inc. INSURER c:Beazley Insurance Company Inc 808 SW 3rd Avenue INSURER DAtlantic Specialty Ins Co Ste 300 INSURERE: Portland OR 97204 INSURER F: COVERAGES CERTIFICATE NUMBER:13/14 GEN Use 14/15 WC 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 rypE OF INSURANCE A D SUBR POLICY NUMBER MMI001 EYY MMIODIVEYVY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 77AWAGE-RENTED 300,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea attune ce $ A 7 CLAIMS-MADE 1XI OCCUR X 6601497P251 12/9/2013 12/9/2014 MED EXP(Any One person) $ 5,000 X WA Stop Gap PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE 5 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPJOP AGO 5 2,000,000 POLICY PRO- X LOC X $ AUTOMOBILE LIABILITYEe a6celNdeDISING E LIMIT 1,000,000 A Ix ANY AUTOALL OWNED SCHEDULED X A1502PB92 12/9/2013 12/9/2019AUTOS AUTOSNON-OWNED PROPERTY DAMAGE $ HIRED AUTOS X AUTOS Per accident TOWin $ X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LIAR CLAIMS MACEAGGREGATE $ 10,000,000 CEO I X I RETENTIONS 10,000 L5CI3570811247 12/9/2013 12/9/2014 $ B WORKERS COMPENSATION X WGSTATD- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE� NIA OFPICF.RIMEMBER E.L.EACI{ADDIDENT $ 1,000,000 E%CWOED9 87431 4/1/2014 /1/2015 (Mandatory In NH) E,L.DISEASE EA EMPLOYE 5 1,000,900 If yes,descnbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C E&O incl Pollution V10267130501 12/9/2013 12/9/2014 Limit per chim/aggregate/Ded $2m/$2m/$200k D Inland Marine-$Sk Ded 79001429600000 12/9/2013 12/9/2014 Misc Unschadphd Items $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Re: Briscoe Levee. City of Kent, King County Flood Control Zone District and King County are added as additional insureds as respects operations of the named insured in accordance with the policy terms, conditions & exclusions. Per attached Liability form CGD381 0907 and CAT437 0808 and CA0001 0306 Auto form providing Additional Insured, Primary Non-contributory coverage. Cancelation conditions per attached form IL0279 09 08. CERTIFICATE HOLDER CANCELLATION nyoshitake@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent Engineering Nancy Yoshitake AUTHORIZED REPRESENTATIVE 400 West Gowe Kent, WA 98032 P MacMillan/TMAYDA ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INSD25 rernnn5l nt Th.Ai nan,c a.,I Inr,n„o runletrnori pri�f nrni ! i Additional Named Insureds Other Named Insureds HLB Otak Ine., an Oregon Corporation j Otak Architects Inc., an Oregon Corporation Otak Engineering, Inc., an Oregon Corporation Otak International (Caymen Islands) Otak Iraq, LLC Otak Nevada, LLC, an Oregon Limited Liability Cc Otak, Inc. 401K Employee Savings Plan Otak, Inc., a Colorado Corporation i Otak, Inc., an Washington Corporation OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC I 6801497P251 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree in a"contract or jury", "property damage" or "personal Injury" agreement requiring Insurance"that the insurance caused, in whole or in part, by your acts or omits- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis, this Insurance a. In the performance of your ongoing opera- is primary to other Insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you; or share with the other insurance, provided that: c. In connection with "your work" and Included (1) The "bodily Injury" or "property damage" for within the "products-completed operations which coverage Is sought occurs; and hazard". (2) The "personal Injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement,requiring insurance". But this Insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement, insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the Insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- In COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract of agreement requir- a "contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the"contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 ®2007 The Travelers Companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance services Office, Inc.,with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury and sonal injury"offense Is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury" is caused by an offense committed: (Section V): a. After you have entered Into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional Insured on this Cov- c. Before the end of the policy period. i i i i Page 2 of 2 ©2007 The Travelers Companies,Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc.,with Its permission COMMERCIAL AUTO 2. Vehicles maintained for use solely on or next cleaning, geophysical exploration, lighting to premises you own or rent; or well-sorvicing equipment, 3. Vehicles that travel on crawler treads; However, "mobile equipment" does not include 4. Vehicles, whether self-propelled or not, main- land vehicles that are subject to a compulsory or tainod primarily to provide mobility to peima- financial responsibility law or other motor vehicle nently mounted: insurance law where it Is licensed or principally a. Power cranes, shovels, loaders, diggers garaged. Land vehlcles subject to a compulsory or drills; or or financial responsibility law or other motor vehi- cle insurance law are considered"autos". b. Road construction or resurfacing equip- ment such as graders, scrapers or rollers; L. "Pollutants" means any solid, liquld, gaseous or thermal irritant or contaminant, including smoke, S. Vehicles not described in Paragraph 1., 2., 3. vapor, soot, fumes, acids, alkalis, chemicals and or 4, above that are not self-propelled and are waste. Waste includes materials to be recycled, maintained primarily to provide mobility to reconditioned or reclaimed. permanently attached equipment of the fol- lowing types: M. "Property damage" means damage to or loss of a. Alr compressors, pumps and generators, use of tangible property. including spraying, welding, building N. "Suit" means a civil proceeding in which: cleaning, geophysical exploration, lighting 1. Damages because of"bodily injury" or "prop- and well-servicing equipment;or arty damage'; or b. Cherry pickers and similar devices used 2. A"covered pollution cost or expense"; to raise or lower workers; or to which this insurance applies, are alleged. 6. Vehicles not described in Paragraph 1., 2, 3. or 4. above maintained primarily for purposes "Suit"includes: other than the transportation of persons or a. An arbitration proceeding in which such cargo. However, self-propolied vehicles with damages or "covered pollution costs or the following types of permanently attached expenses" are claimed and to which the equipment are not"mobile equipment" but will "insured" must submit or does submit with be considered"autos": our consent; or a. Equipment designed primarily for; b. Any other alternative dispute resolution (1) Snow removal; proceeding in which such damages or 2 Road maintenance, but not construe- covered pollution costs or expenses" are O claimed and to which the insured submits tlon or resurfacing; or with our consent. (3) Street cleaning; O. "Temporary worker" means a person who is fur- b. Cherry pickers and similar devices nished to you to substitute for a permanent "om- mounted on automobile or truck chassis ployee" on leave or to meet seasonal or short- and used to raise or iower workers; and term workload renditions. c. Air compressors, pumps and generators, P. "Trailer"Includes semitrailer, including spraying, welding, building Page 12 of 12 0 Insurance Services Office, Inc., 2009 CA 00 01 03 10(Rev.02-11) i 6801497P251 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OREGON CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies Insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY)COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy c. 60 days or more or Is a renewal policy, Condition is replaced by the following: we may cancel for any other reason ap- 2. If this pulley has been in effect for: proved by the commissioner by rule, but only with respect to Insurance provided a. Fewer than 60 days and is not a renewal under the following: policy, we may cancel for any reason. (1) A package policy that includes b. 60 days or more or is a renewal policy, commercial property and commercial we may cancel only for one or more of liability insurance; the following reasons: (2) Commercial Automobile Coverage (1) Nonpayment of premium; Part; (2) Fraud or material misrepresentation (3) Commercial General Liability Cover- made by you or with your knowledge age Part; In obtaining the policy,continuing the (4) Commercial Property Coverage Part policy or in presenting a claim under _Legal Liability Coverage Form; the policy; (3) Substantial increase in the risk of (5) Commercial Properly Coverage Part oss after insurance coverage has —Mortgageholders Errors And Omis- been issued or renewed, including sions Coverage Form; but not limited to an increase In ex- (6) Employment-related Practices Liabil- posure due to rules, legislation or ity Coverage Part; court decision; (7) Farm Coverage Part—Farm Liability (4) Failure to comply with reasonable Coverage Form; loss control recommendations; (8) Liquor Liability Coverage Part; (5) Substantial breach of contractual du- (9) Products/Completod Operations Li- ties, conditions or warranties; ability Coverage Part; or (6) Determination by the commissioner (10) Medical Professional Liability Cover- that the continuation of a line of in- age Part. a or class of business to which g Paragraph 3. of the Cancellation Common Policy which the pollen belongs will jeep- . ardize our solvency or will place us Condition is amended by the addition of the fol- in violation of the insurance laws of lowing: Oregon or any other state;or 3. We will mall or deliver to the first Named In- (7) Loss or decrease in reinsurance sured written notice of cancellation, stating covering the risk. the reason for cancellation. IL 02 79 09 08 0 ISO Properties, Inc.,2007 Page 1 of 2 C. The following is added to the Cancellation oration the premium Is guaranteed, we may Common Policy Condition, not refuse to renew the policy at its anniver- 7. Number Of Days' Notice Of Cancellation: sary date. L..... a. With respect to insurance provided under Nonrenewai will not be effective until at least 2.e.(1) through (10) above, cancellation 45 days after the first Named Insured re- will not be effective until at least 10 work- celves our notice. ing days after the first Named Insured re- 2. Mailing Of Notices calves our notico. a. If notice of cancellation or nonrenewal is b. With respect to insurance other than that mailed, a post office certificate of mailing provided undor 2,c.(1) through (10) will be conclusive proof that the first above, cancellation will not be effective Named Insured received the notice on the until at least: third calendar day after the date of the (1) 10 days after the first Named Insured certificate of mailing. receives our notice, if we cancel for b. The following provision applies with re- nonpayment of premium; or spect to coverage provided under the (2) 30 days after the first Named Insured Farm Coverage Part: receives our notice, if we cancel for If the first Named Insured has affirms- any other reason, tively consented to our use of an oloc- D. Paragraph 0. of the Cancellation Common Policy Ironic record to deliver notice of cancella- Condition does not apply. tion or nonrenewal and has not withdrawn E. The following are added and supersede any pro- such consent, then the electronic record vision to the contrary: delivering notice of cancellation or nonre- newal satisfies the requirement that the 1. Nonrenewal notice of cancellation or nonrenewal be We may elect not to renew this policy by mail- provided, or made avallable, to the first ing or delivering to the first Named Insured, at Named Insured In writing if we send the the last mailing address known to us, written first Named Insured the electronic record notice of nonrenewal before the: with a request for a return receipt and we a. Expiration date of the policy; or receive the return receipt. If we do not re- ceive the roturn receipt,we may cancel or b. Anniversary date of the policy if the policy nonronow the policy only after providing Is written for a term of more than one year or delivering the notice of cancellation or or without a fixed expiration date, nonrenewal to the first Named Insured in However, If this policy is issued for a term of writing, subject to Paragraph 2.a.above. more than one year and for additional consid- Page 2 of 2 0 ISO Properties, Inc„ 2007 IL 02 70 09 08 i BA1592P892 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- a written contract or agreement that is signed and merit, the provisions of the Coverage Form apply executed by you before the "bodily Injury"or"property unless modified by the endorsement, damage" occurs and that is in effect during the policy The following is added to the Section II — Liability period is an 'Insured" for Liability Coverage, but only Coverage, Paragraph A.1. Who is An Insured Pro- for damages to which this insurance applies and only to the extent that person or organization qualifies as vision: an "insured" under the Who Is An Insured provision Any person or organization that you are required to contained in Section ll. include as additional Insured on the Coverage Form in a II i i i a� d= o� LL� CA T4 37 08 08 r)2008 The Travelers companies,Inc. Page 1 of 1 000904 COMMERCIAL.AUTO BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words"you" and "your" re- following numerical symbols describe the "autos" that fer to the Named Insured shown in the Declarations. may be covered "autos The symbols entered next to The words "we", "us' and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered"autos". Other words and phrases that appear In quotation A. Description Of Covered Auto Dosignation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 Any"Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger"autos" you own. This includes those private passenger Passenger "autos"you acquire ownership of after the policy begins. "Autos" Only 4 Owned"Autos" Only those "autos" you own that are not of the private passenger type (and for Other Than Liability Coverage any "trailers" you don't own while attached to power units you Private own). This includes those "autos" riot of the private passenger type you acquire Passenger ownership of after the policy begins. "Autos"Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This Includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have no-fault benefits in the state where they are licensed or principally garaged. 6 Owned"Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described In item Three of the Declarations for which a premium Described charge is shown (and for Liability Coverage any "trallers" you don't own while "Autos" attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned Only those "autos"you do not own, lease, hire, rent or borrow that are used In con- "Autos"Only nection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. i CA 00 01 03 10(Rev.02-11) 0 Insurance Services Office, Inc., 2009 Page 1 of 12 COMMERCIAL AUTO 19 Mobile Only those"autos"that are land vehicles and that would qualify under the definition of Equipment "mobile equipment" under this policy if they were not subject to a compulsory or fi- Subject To nancial responsibility law or other motor vehicle insurance law where they are Ik Compulsory censed or principally garaged, Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy SECTION II—LIABILITY COVERAGE Begins A. Coverage 1. If Symbols 1, 2, 3, 4, 6, 6 or 19 are entered We will pay all sums an "insured"legally must pay next to a coverage in Item Two of the Decla- as damages because of "bodily injury" or "prop- rations, then you have coverage for "autos" arty damage" to which this insurance applies, that you acquire of the type described for the caused by an "accident" and resulting from the remainder of the policy period, ownership, maintenance or use of a covered 2. But,If Symbol 7 is entered next to a coverage "auto". in Item Two of the Declarations, an"auto"you We will also pay all sums an "insured" legally acquire will be a covered "auto" for that cov- erage only if; must pay as a"covered pollution cost or expense" to which this insurance, applies, caused by an a. We already cover all"autos" that you own "accident" and resulting from the ownership, for that coverage or it replaces an "auto" maintenance or use of covered "autos". However, you previously owned that had that cov- we will only pay for the "covered pollution cost or erage; and expense" If there is either"bodily injury" or"prop- b, You tell us within 30 days after you ac- erty damage"to which this insurance applies that quire it that you want us to cover it for that is caused by the same"accident". coverage. We have the right and duty to defend any "in- C. Certain Trailers, Mobile Equipment And Tem- sured" against a "suit" asking for such damages porary Substitute Autos or a "covered pollution cost or expense How- If Liability Coverage is provided by this coverage ever, we have no duty to defend any "insured" form, the following typos of vehicles are also cov- against a "suit" seeking damages for "bodily in- ered"autos"for Liability Coverage: jury"or"property damage"or a"covered pollution 1. "Trailers" with a load capacity of 2,000 cost or expense"to which this insurance does not pounds or less designed primarily for travel apply.We may investigate and settle any claim or on public roads. "suit" as we consider appropriate, Our duty to de- "Mobile equipment" while being carried or fend or settle ends when the Liability Coverage l towed by a covered"auto". Limit of Insurance has been exhausted by pay- ment of judgments or settlements. 3. Any "auto" you do not own while used with 1 Who Is An Insured the permission of its owner as a temporary substitute for a covered"auto"you own that is The following are"insureds"; out of service because of its: a. You for any covered"auto". a. Breakdown; b. Anyone else while using with your per- b. Repair; mission a covered "auto" you own, hire or G. Servicing; borrow except: d. "Loss"; or (1) The owner or anyone else from whom you hire or borrow a covered e. Destruction. "auto". Page 2 of 12 ©Insurance Services Office, Inc., 2009 CA 00 01 03 10 (Rev.02-11) I I i COMMERCIAL AUTO 7. Policy Period, Coverage Territory 2. Any other land vehicle that is subject to a Under this coverage form, we cover "acci- compulsory or financial responsibility law or dents" and"losses"occurring: other motor vehicle insurance law where It is a. During the policy period shown in the licensed or principally garaged. Declarations; and However, "auto" dogs not include "mobile equip- ment", b, Within the coverage territory. The coverage territory is: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person. including death (1) The United States of America; resulting from any of these. (2) The territories and possessions of the D. "Covered pollution cost or expense" means any United States of America; cost or expense arising out of: (3) Puerto Rico; 1. Any request, demand, order or statutory or (4) Canada; and regulatory requirement that any "Insured" or (5) Anywhere in the world if: others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any (a) A covered "auto" of the private pas- way respond to, or assess the effects of, "pol- senger typo is leased, hired, rented lutants"; or or borrowed without a driver for a pe- 2, Any claim or "suit" by or on behalf of a gov- dod of 30 days or less; and ammonia] authority for damages because of (b) The "insureds" responsibility to pay testing for, monitoring, cleaning up, removing, damages is determined in a "suit" on containing, treating, detoxifying or neutraliz- the merits, in tho United States of ing, or In any way responding to, or assessing America, the territories and posses- the effects of,"pollutants". sions of the United States of America, "Covered pollution cost or expense" does not in- Puerto Rico or Canada or in a settle- ment we agree to. elude any cost or expense arising out of the ao- tual, alleged or threatened discharge, dispersal, We also cover"loss" to, or"accidents" involy- seepage, migration, release or escape of "pollut- ing, a covered "auto"while being transported ants": between any of these places. 8. Two Or More Coverage Forms Or Policies a. That are, that are contained in any 0 property that is: Issued By Us (1) Being transported or lowed by, han- If this coverage form and any other coverage died or handled for movement into, form or policy issued to you by us or any onto or from the covered"auto"; company affiliated with us applies to the same "accident", the aggregate maximum (2) Otherwise in the course of transit by Limit of Insurance under all the coverage or on behalf of the"insured";or forms or policies shall not exceed the highest (3) Being stored, disposed of, treated or applicable Limit of Insurance under any one processed in or upon the covered coverage form or policy. This condition does "auto"; not apply to any coverage form or policy is- b. Before the "pollutants" or any property in sued by us or an affiliated company speelfi- which the "pollutants" are contained are cally to apply as excess insurance over this moved from the place where they are ac- coverage form. cepted by the"insured"for movement into SECTION V—DEFINITIONS or onto the covered"auto";or A. "Accident" Includes continuous or repeated expo- c. After the "pollutants" or any property In sure to the same conditions resulting in"bodily in- which the "pollutants" are contained are jury" or"property damage". moved from the covered "auto" to the B. "Auto" means: place where they are finally delivered, disposed of or abandoned by the "in- 1, A land motor vehicle, "trailer" or semitrailer sured". designed for travel on public roads; or Paragraph a, above does not apply to fuels, lubricants,fluids, exhaust gases or other simi- Page 10 of 12 0 Insurance Servlces Office, Inc.,2009 CA 00 01 03 10 (Rev.02-11) COMMERCIAL AUTO lar "pollutants" that are needed for or result 5. That part of any other contract or agreement from the normal electrical, hydraulic or me- pertaining to your business (Including an In- chanical functioning of the covered "auto" or demnificaten of a municipality In connection its parts, if: with work performed for a municipality) under (1) The "pollutants" escape, seep, mi- which you assume the tort liability of another grate or are discharged, dispersed or to pay for"bodily injury" or"property damage" released directly from an "auto" part to a third party or organization. Tort liability designed by its manufacturer to hold, means a liability that would be imposed by store, receive or dispose of such "pol- law in the absence of any contract or agree- lutants"; and ment; (2) The "bodily injury", "property dam- 6. That part of any contract or agreement on- age" or"covered pollution cost or ex- farad into, as part of your business, pertaining pense" does not arise out of the op- to the rental or lease, by you or any of your eration of any equipment listed in "employees", of any "auto". However, such Paragraph 6.b. or 6.c. of the defini- contract or agreement shall not be considered tion of"mobile equipment" an "insured contract" to the extent that it obil- gates you or any of your "employees" to pay Paragraphs b. and c, above do not apply to for "property damage" to any"auto" rented or "accidents" that occur awe from remises YY y y "employees". Y P leased b you or an of our"em to ees". owned by or rented to an "insured" with re- spect to "pollutants" not in or upon a covered An "insured contract" does not include that part of "auto" if; any contract or agreement: (a) The "pollutants" or any property In a. That indemnifies a railroad for "bodily in- which the "pollutants" are contained jury" or "property damage" arising out of are upset, overturned or damaged as construction or demolition operations, a result of the maintenance or use of within 50 feet of any railroad property and a covered"auto"; and affecting any railroad bridge or trestle, ( tracks, roadbeds, tunnel, underpass or b) The discharge, dispersal, seepage, crossing; migration, release or escape of the "pollutants" is caused directly by such b. That pertains to the loan, lease or rental upset, overturn or damage. of an "auto" to you or any of your "em- u rent with . "Diminution in value" means the actual or per- e the "auto" is loaned, leased or rented wth a driver; or calved loss in market value or resale value which results from a direct and accidental"loss". a That holds a person or organization an- results in the business of transporting F. "Employee" Includes a "leased worker". "Em- property by "auto" for hire harmless for ployee"does not include a"temporary worker". your use of a covered "auto" over a route G. "Insured" means any person or organization quali- or territory that person or organization is fying as an Insured In the Who Is An Insured pro- authorized to serve by public authority. vision of the applicable coverage. Except with re- I. "Leased worker" means a person leased to you spect to the Limit of Insurance, the coverage at- by a labor leasing firm under an agreement be- forded applies separately to each insured who is tween you and the labor leasing firm to perform seeking coverage or against whom a claim or duties related to the conduct of your business. "suit" is brought. "Leased worker" does not Include a "temporary 11. "Insured contract" means: worker". 1. A lease of premises; J. "Loss" means direct and accidental loss or dam- 2. A sidetrack agreement; age. 3. Any easement or license agreement, except K. "Mobile equipment" means any of the following in connection with construction or demolition types of land vehicles, including any attached operations on or within 50 feet of a railroad; machinery or equipment: 4. An obligation, as required by ordinance, to in- 1. Bulldozers, farm machinery, forklifts and other demnify a municipality, except in connection vehicles designed for use principally off public with work for a municipality; roads; CA 00 01 03 10(Rev.02-11) Q Insurance Services Office, Inc., 2009 Pago 11 of 12