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HomeMy WebLinkAboutPW14-191 - Original - Shannon & Wilson, Inc - Green River Natural Resources Area Pump Station - 8/1/14 Records M emer t KENT Document WA.HINOTON A 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. Vendor Name: Shannon & Wilson, Inc. Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Green River Natural Resources Area Pump Station Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: r Contract Effective Date: Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Prepare a wetland mitigation plan and biolo ical assessment for the project. S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 11108 KE e T CONSULTANT SERVICES AGREEMENT between the City of Kent and Shannon & Wilson, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Shannon & Wilson, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 300303, Seattle, WA 98103, Phone: (206) 632-8020/Fax: (206) 695-6777, Contact: Beck! Kniveton (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 prepare a wetland mitigation plan and biological assessment for the Green River Natural Resources Area Pump Station Project, For a description, see the Consultant's 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. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Three Thousand, Six Hundred Sixteen Dollars ($23,616.00), 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. 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 CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) 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 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. 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. 3. 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 OF KENT: a �s� I 'By: � t'n By: (si9nature)n (siggaty e) Print N me: } 9 M,( Print Name: Suzette Cooke Its N A"S'dt Its Mayor (t�itle DATE: (1�-��-P DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Becki Kniveton Timothy 3. LaPorte, P.E. Shannon & Wilson, Inc. City of Kent PO Box 300303 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (206) 632-8020 (telephone) (253) 856-5500 (telephone) (206) 695-6777 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO F RM: Kent Law Department Shannon 6 Wilson-GRNPA PS/Knox CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY i 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: For. Title: Ott P/`i~'. it Date:6���Y 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 [CENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT i 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 5hannon�t3c. Wilson. Inc., Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Vallev , trearn Re-cssfablishmenf Project that was entered into on the Lkhr'il 8,_20I (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. For: ��'�nrrrr re �1/�i5lYY7 Title: 6/l C e PZ—Z' VWUI W — Date; EEO COMPLIANCE DOCUMENTS - 1 i I i EXHIBIT A Proposal to Prepare a Wetland Mitigation Plan and Biological Assessment for the Green River Pump Station Project Kent, Washington June 11, 2014 � 3s° u I,,. . Excellence. Innovation, Service. 'Value, Sh7ce 1954, i Submitted To: Mr. Matthew Knox City of Kent Public Works 220 Fourth Avenue South Kent,Washington 98032 By: Shannon &Wilson, Inca 400 N 34 h Street, Suite 100 Seattle,Washington 98103 21-2-61 73 8-001 i s p1' EX � ALASKA J SHI'Y -. O M & tl M ILSON INC. CALIFORNIA ICI L 9COLORADO GEOTECHNIeAL AND @NVIRONt4F-NTAI. GONBUL'IAN'I'a FLORIDAMISSOUR I+� OR GON 1M9 VI SINON • ,9S4-201a June 11, 2014 Mr. Matthew I{nox City of Kent Public Works 220 Fourth Avenue South Kent, WA 98032 RE: PROPOSAL TO PREPARE A WETLAND MITIGATION PLAN AND BIOLOGICAL ASSESSMENT FOR THE GREEN RIVER PUMP STATION PROJECT, KENT, WASHINGTON Dear Mr. Knox: We appreciate this opportunity to assist the City of Kent(the City)with the Green River Pump Station project. We understand that the project will have unavoidable wetland and wetland buffer impacts and will require a federal Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers (the Corps). Our proposed services consist of preparing a wetland mitigation plan to compensate for the wetland and wetland buffer impacts associated with the project and completing a biological assessment(BA)for the project to satisfy the federal Endangered Species Act(F,SA) Section 7 consultation requirements. PROJECT UNDERSTANDING The City proposes to construct a new pump station at the Green River Natural Resources Area (GRNRA),near the western edge of a large lagoon, and a new outfall pipe running west from the pump station toward the Green River. We assume the outfall can be designed to remain above the ordinary high water mark of the Green River. In 2012, Shannon&Wilson,Inc. (Shannon & Wilson) delineated a portion of the wetland boundary associated with the lagoon for the City's Lower Lowest Russell Road Levee project. The wetland is an approximately 130-acre, Category 11 wetland. We understand that, although design options are still being developed,it is assumed that no more than 2,000 square feet of permanent wetland impacts will occur as a result of the pump station project. Wetland buffer impacts are also anticipated. 400 NORTH 34"'STREET—SUII'L 100 PO BOX 300303 SEATTLE,WA 98103 206-632-8020 FAX 206-695-6777 TOO: 1-800-n3-6388 wmm,shannonwilson.com 21.2-61738.001 Mr.Matthew Knox 43H U`LMtJ17,&WILSON,INC. City of Kent Public Works June 11,2014 Page 2 of 5 We understand that the City proposes to conduct wetland and wetland buffer mitigation in the GRNRA to compensate for the Green River Pump Station project impacts. SCOPE OF SERVICES Task 1: Ordinary High Water Mark(OHWM)Assistance Shannon& Wilson will meet the City's surveyors at the proposed outfall location to determine the 01-iWM of the Green River in this location. The OHWM will be determined using the methodology in the Ecology technical report,Determining the Ordinary High Water Mark on I Sh-eams in Washington State, Based on our experience on other City projects on the Green River corridor,steep slopes may prevent us from physically flagging the OHWM in the proposed outfall location. Because it is unknown whether it is safe to access the OHWM location,we assume that Shannon &Wilson will stand at the top of the levee and visually point out the OHWM to the surveyors. We understand that the surveyors will have equipment to survey the OHWM in a safe manner. Task 2: Wetland and Wetland Bnffer Mitigation Plan I Shannon&Wilson will prepare a wetland and wetland buffer mitigation plan at one location within the GRNRA to compensate for the Green River Pump Station project impacts. Although the Corps and the City both require mitigation for wetland impacts,the Corps and the City have differing approaches and specific requirements associated with wetland mitigation. For example,the Corps prefers that projects purchase in-lieu fee credits rather than construct project-specific mitigation,whereas the City prefers on-site mitigation and does not allow for purchase of in-lieu fee credits. The Washington State Department of Ecology(Ecology) may also require mitigation for project impacts. We will determine the amount of required mitigation using ratios specified by the Kent City Code(KCC) and the Wetland Mitigation in Washington ,State guidance used by the Corps and Ecology. We will coordinate with the GRNRA staff to identify and map out potential mitigation areas. Mitigation will consist of restoring, creating, and/or enhancing wetlands and wetland buffers. Shannon&Wilson will conduct a site visit to observe site conditions at the proposed wetland impact areas and the proposed mitigation site. During the site visit,we will delineate wotland boundaries within 200 feet of the proposed mitigation area only. Wetland boundaries will be 21-2-61738-001-uedo.�/"n. 2 1-2-6173 8-00 1 i Mr, Matthew Knox HAN1 a01N&WILSON,INC. City of Kent Public Works June 11, 2014 Page 3 of 5 identified using methods described in the 1987 Corps of Engineers Wetlands Delineation Manual and the 2010 Regional Supplement to the Corps of Engineers Welland Delineation Manual: Western Mountains, Valleys, and Coast Region. We understand that a wetland delineation has been completed at the project site and assume that no further wetland delineation will be needed for the proposed wetland impact areas. We will provide a brief description of the wetland delineation methods and results within the mitigation plan report, In order to complete the mitigation plan, we will need the City to provide us with surveyed coordinates of our wetland boundary flags. The mitigation plan will be prepared in accordance with the KCC and will include a planting plan,performance standards,monitoring methodology, and contingency measures. We will provide the City with a draft mitigation plan for review and develop a final mitigation plan based on one consolidated list of comments from the City. A soils or hydrology evaluation is not included in this scope of services. We assume that wetlands at the GRNRA are supported by shallow groundwater and that wetland hydrology can be achieved by excavating to the groundwater level. We will need to amend our scope and cost estimate if a soils or hydrologic evaluation is required. Task 3: Biological Assessment(BA) Shannon&Wilson will prepare a BA for the Green River Pump Station project for the City to submit with the project's Joint Aquatic Resources Permit Application to the Corps, The BA will evaluate potential project impacts to ESA-listed species and critical habitat and essential fish habitat protected under the Magnuson-Stevens Fishery Conservation and Management Act, To prepare the BA, we will rcview the project's design and construction methods and coordinate with the project team to identify potential project impacts and impact minimization measures. We will visit the site to evaluate the presence or absence of listed species and suitable habitat, We assume that our site visit can be combined with our site visit under Task 1. Based on our preliminary review,we assume that the Green River Pump Station project can likely be designed to support either a"no effect" or a"may effect,not likely to adversely affect" determination, depending on the Green River outfall design. Therefore,we assume the project can avoid formal consultation with the Services (i.e.,the U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration's National Marine Fisheries Service). if it is I 21-2-6173MOl-LAfdooxAvpAh 21-2-61738-001 Mr, Matthew Knox SHA NON fjWIL ON,INC. City of Kent Public Works June 11, 2014 Page 4 of 5 li determined that the project may adversely affect ESA-listed species,we will need to amend our scope of services and cost estimate. We assume that the City will be able to provide information and design figures necessary for us to adequately assess all of the project's impacts. This includes, but is not limited to, a set of design drawings; boundaries of construction activities, including staging areas; lists of construction equipment; descriptions of stormwater control and treatment measures and standards; information on temporary stormwater best management practices to be implemented during construction; and construction timelines. SCHEDULE AND COSTS We are prepared to provide the services described above on a time-and-expense basis under the enclosed Standard General Terms and Conditions. Our estimated costs for the above tasks are as follows (and detailed within the enclosed cost estimate): Task 1: Ordinary High Water Mark Assistance $1,187 Task 2: Wetland and Wetland Buffer Mitigation Plan $11,924 Task 3: Biological Assessment 10,505 Total: $23,616 In the event that additional services are necessary, due to changes in your request or other unforeseen circumstances,we will notify you immediately and obtain your authorization for the additional services and costs. We can begin preparing the mitigation plan and BA within two weeks of receiving notice to proceed. The mitigation plan can be completed within one month of receiving project description, drawings,wetland impact areas, and the survey of wetland boundary flags at the proposed mitigation area. The BA can be completed within one month of receiving necessary project information. CLOSURE Shannon&Wilson has prepared the enclosed, "Important Information About Your Wetland Delineation/Mitigation,and/or Stream Classification Proposal,"and, "Important Information About Your Biological Assessment(BA) and/or Biological Evaluation(BE)Proposal,"to assist you in understanding the use and limitations of our proposals, zrs-civ�s.ao i-Lacao��,�ank�, 21-2-61738-001 Mr.Matthew Knox SHANNON&WILSON,INC. City of Kent Public Works June 11, 2014 Page 5 of 5 We are pleased to have this opportunity to assist you with these project. If you have any questions,please contact me at(206) 695-6673, Sincerely, SHANNON&WILSON,INC. Becki Kniveton,P.W.S. Senior Principal Biologist BSK:KLW/bslc Enc: Cost Estimate Standard General Terms and Conditions, SEA-GH-2014 (1/2014) Important Information About Your Wetland DelineationAlitigation and/or Stream Classification Proposal Important Information About Your Biological Assessment(BA)and/or Biological Evaluation (BE)Proposal 21-2-61738-001-M fd.1J119dk- 2 1-2-6173 8-0 0 1 SHANNON & WILSON, INC. COST ESTIMATE Proposal No.; 21-2-61738-001 Project: Green River Pump Station Client: Kent Public Works By: BSIC 6/11/2014 Rate Quantity Subtotal Subtotal T-' <3 a `fir�tlaz� .0 rn #iafloMMI' "W10 Site Visit(Including Delineation of Proposed Mitigation Area) Senior Principal Biologist $145.00 /hr 8 hrs $1,160 Mileage 48 [mile 0,56 mile $27 $1 187 We—12me l%n_ ., e litsi fl\?' LIY n n: , q W _ .. . Site Visit(Including Delineation of Proposed Mitigation Area) Senior Principal Biologist $145.00 /hr 16 hrs $2,320 Biologist Al $95.00 /hr 16 hrs $1,520 Mileage 96 /mile 0.56 milo $54 Mitigation Plan Report Vice President $235.00 /hr 4 hrs $940 Senior Principal Biologist $145,00 /hr 36 hrs $5,220 Drafting $95.00 Ar 16 'hrs $1,520 Clerical $90.00 /hr 2 hrs $180 Copies,Mail,Computer $85.00 lea 2 total $170 - $11,924 rfi i t'c 'sP? .ems; .>,; ,. �� r.; .;�,.�rm ;'� Vice President $235.00 /hr 4 hrs $940 Senior Principal Biologist $145.00 /hr 58 lirs - $8,410 Drafting $95.00 AT 8 brs $760 Clerical $90.00 /hr 2 hrs $180 Copies,Mail,Computer $85.00 /ca 2 total $170 PHS Database Search $45.00 /search 1 search $45 $10,505 TOTAL ESTIMATE $23,616 Note: PHS=Priority Habitat and Species - I 21-2-61738-001-G4f-00st.x1sx 2 1-2-6 173 8-0 01 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 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 $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 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 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 Contractor 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. ATE ® CERTIFICATE OF LIABILITY INSURANCE O5/201IDD YYYY AC®R® 7/25/2014 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. 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 endorsements . ca PRODUCER _NAME• Gall SCOtt Arthur J. Gallagher Risk Management Services, Inc. PHONE - - - LAID,No,E_.t 425-586-1Q31 I arc Ne:425-451-3716 P.O. Box 367 E-MAIL Bellevue WA 98009-0367 ADDRESSaall scott(a@ajg.Com INSURERS)AFFORDING COVERAGE NAIC# INSURER A:Trayelers PEODerty CaSDalty CO Of A _ 25674 - INSURED INSURER 8:Travelers ndemntyCo Of America _-.._ 26666 Shannon&Wilson, Inc. INSURER - 400 N. 34th Street, Suite 100 INSURERD: _. . _...._ -. Seattle,WA 98103-8636 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1081505791 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. TN—SRAD SUER POLICY EFF POLICY EXP LTa OL TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD/YYYY MM/DD/YYYY LIMITS A GENERAL LIABILITY P6309D340343TIL14 /112014 /1/2015 EACH OCCURRENCE $1,000,000 X RMTOE TO RENTED C_OMMERCIAL GENERAL LIABILITY PREMISES(Ea_ocwr nce $1,0W,000 CLAIMS-MADE C OCCUR MEO EXP(My one person) $10,000 _ PERSONAL&ADVINJURY ',$1,000,000 GENERAL AGGREGATE $2000 000 _ GENT AGGREGATE LIMIT APPLIES PER: 1 PROD UCTS-COMPIOP AGO_ $2000000 - i POLICY'iX PRof LOC $ A AUTOMOBILE LIABILITY P81DOD340343TIL14 111/2014 11/2015 (Ea accident) 1000,000 X ANY AUO BODILY INJURY(Per person) $ _- ALL OWNED '', SCHEDULED BODILY INJURY(Peracciden0 $ AUTOS _-- AUTOS PROPERTY DAMAGE HIRED AUTOS AUTOS NON-OWNED Per eccIden) -- $ 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 EXCESS LIAB CLAIMS-MADE AGGREGATE_ $ OED RETENTION$ $ g WORKERS COMPENSATION 'PHUB9D34034314 111/2014 /112015 X WC STATU- OTH- LIMIT AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,OD0,000 OFFICERIMEMBER NH)EXCLUDED? NIA,, E.L.DISEASE-EA EMPLOYE $1,000,000 If ycs describe NOFO E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AHach ACORD 101,Additional Remarks Schadula,If more apace Is required) Re Workers' Comp-in Washington, Employers' Liability only The City of Kent is included as Additional Insured for General Liability(per Form#CGD414 0408)and Auto Liability as respects operations of the Named Insured. GL and AL Primary and Non-Contributory is included where required by written contract. Project: Green River Pump Station Project, Kent,WA(S&W Proposal#21-2-6173E-001). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent Engineering ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Nancy YDshltake 400 West Gowe AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2010 ACORO CORPORATION. All rights reserved. ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD Client#: 330606 SHANNWIL11 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMI014 Y 7/25/2014 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. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(los)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). CONTACT PRODUCER NAME: Kibble &Prentice, a USI CO PR PHONE 206 441-6300 uc,Na: 610.362.8528 IAD No Extl: - 601 Union Street, Suite 1000 E-MAIL PL.Certre uest k com.com ,'..ADDRESS: _. . Q @P __.... Seattle,WA 98101 INSURERIS)AFFOROING COVERAGE NAIC# INSURER A:Lloyd's of London 32727 INSURED INSURER B: _ _ Shannon &Wilson, Inc. INSURER C: _ P.O. Box 300303 wsuRERD: _ .. .. Seattle,WA 98103 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS GERI IFICATE 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 NCE ADOL SUER POLICY EPF POLICY EXP LIMITS TYPE OF INSURANCE INSR WVO POLICY NUMBER lMMfOD=YL i1FAMI1XD"Y)- GENERAL LIABILITY EACH OCCURRENCE 5 COMMERCIAL GENERAL LIABILITY DA�dq�E TU RENc. - PREMISES Ea occurrence $ CLAIMS-MADE ❑OCCUR MED ESP(Any one garcon) $ PERSONAL&ADV INJUR_V $ GENERAL AGGREGATE $ G_EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ ,. POLICY IECT_. LOG C011BINEDSINGLELIMIT AUTOMOBILE LIABILITY En accident). BODILY INJURY(Per person) $ ANYAUTO ALL OWNED SCHEDULED BODILY INJURY(Par accident) $ PROPERTY DAMAGE HIRED AUTOS NO'&", Per accident _ $ AUTOS UMBRELLA UAB OCCUR EACH OCCURRENCE 8 EXCESS UAe CLAIMS-MADE AGGREGATE $-_ DED RETENTION$-_ _ _ $ - WORKERS COMPENSATION WC STA MIT ;,OTH- U_ AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIV[Y ' E.L.EACH ACCIDENT 5 _ OFFICEWMEMBER EXCLUDED? I INIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S ifyea,deccnbe under E.L._DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATION Whwl -.- -- - A Professional & B0146LDUSA1404579 1/0112014 01/0111201E $1,000,000 per claim Contractors j $1,000,000 annl aggr. Pollution Liab. DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ANach ACORD 104,Addifianal Remarks Schedule,If more space N squired) S&W Job No: Proposal#21-2.61738-001; Project Name: Green River Pump Statino Project, Kent,WA; Description of Work:Wetland delineation, mitigation plan,and biological assessment; Location: Kent,WA. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE 1 ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S12992775/M11519196 GXJZP i P6309D340343TIL14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REACH IT CAREFULLY. BLANKET ADDITIONAL INSURE® - WRITTEN CONTRACTS (ARCHITECTSq ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION 11 — WHO IS plies only to such "bodily injury" or "property AN INSURED: damage" that occurs before the end of the pe- rlod of time for which the "written contract re- Any person or organization that you agree in a purring insurance" requires you to provide "written contract requiring insurance"to include as such coverage or the end of the policy period, an additional Insured on this Coverage Part, but: whichever is earller. a. Only with respect to liability for"bodily injury", 2 The following is added to Paragraph 4.a, of SEC- TION IV — COMMERCIAL GENERAL LIABILITY b, if, and only to the extent that, the injury or CONDITIONS: damage is caused by acts or omissions of The insurance provided to the additional insured you or your subcontractor in the performance is excess over any valid and collectible "other in- of "your work" to which the "written contract surance", whether primary, excess, contingent or requiring insurance" applies. The person or on any other basis, that is available to the add]- organization does not qualify as an additional tional insured for a loss we cover. However, if you Insured with respect to the independent acts specifically agree in the "written contract requiring or omissions of such person or organization. insurance" that this insurance provided to the ad- The Insurance provided to such additional insured ditional insured under this Coverage Part must is limited as follows: apply on a primary basis or a primary and non- C. In the event that the Limits of Insurance of contributory basis, this Insurance is primary to this Coverage Part shown in the Declarations other insurance" available to the additional in- exceed the limits of liability required by the sured which covers that person or organization as "written contract requiring insurance", the in- a named insured for such loss, and we will not surance provided to the additional insured share with that "other insurance". But this Insur- shall be limited to the limits of liability required ance provided to the additional insured still is ex- by that "written contract requiring insurance". cess over any valid and collectible 'other insur- This endorsement shall not increase the limits ance", whether primary, excess, contingent or on of insurance described In Section III — Limits any other basis, that is available to the additional Ofinsurance, insured when that person or organization is an d. This insurance does not apply to the render- additional insured under any"other insurance". ing of or failure to render any "professional 3. The following is added to SECTION IV — COM- services" or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS: or omissions. Duties Of An Additional Insured e. This insurance does not apply to "bodily in- As a condition of coverage provided to the addi- jury" or "property damage" caused by "your tional insured: work" and included In the "products- a The additional insured must give us written completed operations hazard" unless the notice as soon as practicable of an "occur- "written contract requiring insurance" specift- Fence" or an offense which may result in a cally requires you to provide such coverage claim. To the extent possible, such notice for that additional insured, and then the insur- should include: ance provided to the additional insured ap- CG D4 14 04 08 ©2008 The Travelers Oompanles,Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i i. How, when and where the "occurrence" any provider of other insurance which would j or offense took place; cover the additional insured for a loss we it. The names and addresses of any injured cover. However, this condition does not affect persons and witnesses; and whether this insurance provided to the addl- III, The nature and location of any Injury or tional insured is primary to that other fnsur- „ ance available to the additional insured which damage arising out of the "occurrence or covers that person or organization as a offense, named insured. b. If a claim is made or "suit" Is brought against k The following Is added to the DEFINITIONS See- the additional Insured, the additional insured tion: must; I. Immediately record the specifics of the "Written contract requiring Insurance" means that claim or"suit" and the date received; and part of any written contract or agreement under which you are required to include a person or or- it. Notify us as soon as practicable. ganization as an additional insured on this Cover- The additional Insured must see to it that we age Part, provided that the "bodily injury" and receive written notice of the claim or "suit" as "property damage" occurs and the "personal in- soon as practicable. jury" is caused by an offense committed: c. The additional insured must immediately send a. Afterthe signing and execution of the contract us copies of all legal papers received in con- or agreement by you; nection with the claim or"suit", cooperate with b. While that part of the contract or agreement is us in the investigation or settlement of the in effect; and claim or defense against the "suit", and oth- c. Before the end of the policy period. elwise comply with all policy conditions, d. The additional insured must tender the de- fense and Indemnity of any claim or "suit" to „m a� o' C;d i. r rm� a® o� u= Page 2 of 2 ©2008 The Travelers companies,Inc. CG D414 04 08 014524 COMMERCIAL GENERAL LIABILITY P6309D340343TIL74 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The "personal Injury" or"advert sing injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of. (Section IV) Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 9, The following Is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro. surance available to you is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph (1): ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional Insured which covers such is added as an additional Insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy, will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and o v o n CG DO 37 04 05 Copyright 2005 The St, Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 D14630 #PS109D340343TIL14 COMMERCIAL AUTO '.. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only, Limitations and exclusions may apply to these coverages. Read all The provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and Is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. NKET ADDITIONAL INSURED 1. PHYSICAL DAMAGE -TRANSPORTATION ByEXPENSES—INCREASED LIMIT EMPLOYEE HIRED AUTO J, PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E, SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS LOSS F. HIRED AUTO — LIMITED WORLDWID M. BI-A KET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. ,INTENTIONAL ERRORS OR OMISSIONS PROVISIONS -A, BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.I., Who Is "property damage" occurs and that is in effect An Insured, of SECTION II -- LIABILITY COV- during the policy period, to be named as an add!- ERAGE: tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who is An Insured provision contained in Section separately insured for Business Auto Coverage. II. Coverage under this provision is afforded only of)- C. EMPLOYEE HIRED AUTO fit the 180th day after you acquire or form the or- ganization or the and of the policy period, which- 1. The following Is added to Paragraph A.1., ever is earlier, Who Is An Insured, of SECTION If — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following Is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who is An Insured, of SECTION II_LIABILITY operating an 'auto" hired or rented under a COVERAGE: contract or agreement In that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 02010 The Travelers Indemnity Company, Page 1 of 4 Includas copyrighted material of insurance services Office,Inc.wth its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- ,auto" you lease, hire, rent or borrow from ered"autos"you own: any of your "employees", partners (if you are a partnership), members (if you are a limited (1) Any covered "auto" you lease, hire, liability company) or members of their house- rent or borrow;and holds. (2) Any covered"auto" hired or rented by (a) With respect to any claim made or "stilt" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. (I) You must arrange to defend the "in- However, any"auto"that is leased, hired, sured"against,and Investigate or set- rented or borrowed with a driver is not a tle any such claim or"suit' and keep covered"aub". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1., Who Is (ii) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV- "Insured" will make any settlement ERAGE: without our consent. Any "employee"of yours is an "insured"while us- (ill)We may, at our discretion, participate ing a covered "auto"you don't own, hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS -- INCREASED "suit". LIMITS (iv)We will reimburse the "insured" for sums that the "insured" legally must 1. The following replaces Paragraph A.2.a.(2), pay as damages because of "bodily of SECTION 11—LIABILITY COVERAGE: injury" or"property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that Hie "in- cluding bonds for related traffic law viola- sured" pays with our consent, but bons) required because of an "accident" only up to the limit described In Para- we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds. TION II—LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION 11--LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the insured" against any such cause of time off from work. "suit", but only up to and Included within the limit described in Para- F. HIRED AUTO — LIMITED WORLDWIDE COV- graph C., Limit Of Insurance, of ERAGE—INDEMNITY BASIS SECTION p — LIABILITY COVER- The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDi- ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 02010 The Travelers Indemnity company. CA T3 53 03 10 Inciudes copyrighted material of Insurance Services office,Inc.with Its permission. COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph AA., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory insurance In any DAMAGE COVERAGE; country outside the United States, its ter- Personal Effects ritories and possessions, Puerto Rico and Canada. We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory Insurance in any such coun- (1) Owned by an"insured"; and try up to the minimum limits required by (2) In oron your covered"auto", local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered "auto". not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage, had you complied with Ine_compulsory in- K. AIRBAGS surance requirements. The following Is added to Paragraph B.3., Exclu- (d) It is understood that we are not an admit- slons, of SECTION III — PHYSICAL DAMAGE ted or authorized Insurer outside the COVERAGE: United States of America, Its territories Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can- more airbags In a covered "auto" you own that in- ada. We assume no responsibility for the flate due to a cause other than a cause of"loss" furnishing of certificates of insurance, or set forth in Paragraphs A.1.b. and A.1.c., but for Compliance in any way with the laws only: of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE—GLASS a. if that "auto" is a covered "auto"for Compre- hensive Coverage underthis policy; The following Is added to Paragraph D., Deducti- b. The eirbags are not covered under any war- ble, of SECTION ill — PHYSICAL DAMAGE ranty; and COVERAGE: No deductible for a covered "auto" will apply to c. The airbags were not intentionally Inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced. one"loss". H. HIRED AUTO PHYSICAL DAMAGE-- LOSS OF L, NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following Is added to Paragraph A.2.a.,'of graph A.4.b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS; TION III—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or "loss" ap- for loss of use is $65 per day, to a maximum of plies only when the "accident" or"loss" Is known $750 for any one"accident", to: 1. PHYSICAL DAMAGE — TRANSPORTATION (a) You (If you are an individual); EXPENSES—INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability com- graph AA.a., Transportation Expenses, of pany); SECTION III — PHYSICAL DAMAGE COVER- (d) An executive officer, director or Insurance AGE: manager(if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization); or $1,500 for temporary transportation expense In- (e) Any"employee"authorized by you to give no- curred by you because of the total theft of a cov., tice of the"accident"or"loss". ered "auto"of the private passenger type. CA T3 53 03 10 ©2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance services or0ce,Inc.with Its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract, The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated In such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- 5, Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of others To Us SECTION IV—BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error In, any information given by you shall not tent required of you by a written contract prejudice your rights under this Insurance. How- signed and executed prior to any "accident' ever this provision does not affect our right to col- or"loss", provided that the"accident'or'loss" [act additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. � Page 4 of 4 0 2010 The Travalars Indemnity Company, CA T3 53 03 10 Includes copyrighted material of Insurance Sowlces Office,Inc.with its permission.