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HomeMy WebLinkAboutPW14-307 - Original - Shannon & Wilson, Inc. - Milwaukee II Levee - 11/17/2014 a:. z � s' #, 11" Records Ma. , aee ` 4 § KENT Document Wasgirvcrory fix 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: Ay- 11-1- 601-06111 This is assigned by City Clerk's Office Project Name: Milwaukee II Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 11/17/14 Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering i Contract Amount: $5 970.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Prepare a biological evaluation for the project. ! I I As of: 08/27/14 I i i i KCNT 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 98103-8636, Phone: (206) 632-8020/Fax: (206) 695-6777, Contact: Becki 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 biological evaluation for the Milwaukee II Levee 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 Five Thousand, Nine Hundred Seventy Dollars ($5,970.00), 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 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 SERVICES AGREEMENT - 1 (Under$10,000) i 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. i 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. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) i 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. i 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. I 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. 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 CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) I 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 the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) i I i 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 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. 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. CONSULTANT: CITY OF KENT: By: val- W --. By: _ (signature) (s' nature) Print Name: - Print Name: Timothy J. LaPorte, P.E. Its: a(t 5 Its: Public W rks Director DATE: f lT`It ) DATE: %z! 7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Becki Kniveton Timothy J. LaPorte, P.E, Shannon & Wilson, Inc. City of Kent PO Box 300303 220 Fourth Avenue South Seattle, WA 98103-8636 Kent, WA 98032 (206) 632-8020 (telephone) (253) 856-5500 (telephone) 206 695-6777 facsimile) (253) 856-6500 (facsimile) SM1annon ff Wilson-mibvaukee I1/Horn CONSULTANT SERVICES AGREEMENT - 5 (Under$10,000) II� DECLARATION I 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. j I 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: r tC For: ° Title: d �s i Date EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY I NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: i 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 $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of I Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: I EEO COMPLIANCE DOCUMENTS - 3 i EXHIBIT A pk L.YCt�' aISKA r' HANNON &WILSON, INC. �, ,k ; .,p IL 1V GF,OTLOHNI=JAL ANO EC1%1JH0 lM HTh1. CONSULTAN rA IvSOURI i ORCGON v+Ih$HINUTON t9s4-241 w9MONSIN October 14, 2014 Mr, Marls Madfai City of Kent Public Works Engineering 220 Fourth Avenue South Kent, WA 98032 RE: NATURAL RESOURCES SERVICES PROPOSAL,MILWAUKEE II SETBACK LEVEE,DENT,WASHINGTON Dear Mr.Madfai: We appreciate this opportunity to provide the City of Kent(the City)with this proposal and cost estimate to prepare a biological evaluation(BE) for the Milwaukee II Setback Levee project. This proposal and cost estimate have been prepared based on information in your e-mails on October 3 and 7,2014, It is our understanding that the goal of this project is to set back the existing levee along the Green River between the Horseshoe Bend Levee and the Foster Park Levee. We understand that the City is building these improvements as part of a levee certification process, SCOPE OF SERVICES Shannon &Wilson,Inc, will prepare a BE for the project, We understand that the City will submit our BE with the City's conditional letter of map revision to the Federal Emergency Management Agency requesting changes to the floodplain map of the Kent Valley. It is our understanding that the BE will not be subm itted to the U.S. Army Corps of Engineers. The BE will summarize potential impacts to waters of the United States (e.g., Green River, associated tributaries, and wetlands), species listed as threatened or endangered under the Endangered Species Act, and essential fish habitat protected under the Magnuson-Stevens Fishery Conservation and Management Act. Because the Milwaukee II Setback Levee and the Foster Paris levee improvements are similar, we assume that we can reuse some of the text in the Habitat and Species,Effects Analysis, and Effects Determination sections from the Foster Park No Effect Biological Evaluation letter report that we prepared for the City in 2010. I Iowever, we 400 Noj-7rH 34TH STREET,SUITE 100 P.C.BOX 300303 SEA ITIE,WASHINGTON 98103-W35 206-0.32-8020 FAX: 2[IG805-5777 1DD 1-8o0-833-0 88 - www.sh,nnonvAlson.com 21-2-62065-001 Mr, Mark Madfai 81-1t'd�16`,iON WUS30N,1NC. City of Kent Public Works Engineering October 14,2014 Page 2 of 3 i I will also need to evaluate the project's potential impacts to new threatened and endangered species that have been listed since 2010. Based on our preliminary review,we believe that the project design will support either a"No Effect" or"May Affect,Not Likely to Adversely Affect" (NLTAA) determination. This conclusion is based on the following assumptions: ■ The existing levee along the Green River is a baseline condition and the levee will be maintained to better withstand 100-year flood events. i • The project will not result in wetland or stream impacts. • The project will not result in a significant increase of impervious areas, but that some impervious areas may be added. We assume that the Federal Emergency Management Agency will not require informal consultation with the Services (e.g.,the U.S.Fish and Wildlife Service and the National Oceauic and Atmospheric Administration's National Marine Fisheries Service)based on our similar NLTAA BE submittal for the City's Green River Levees Improvement in 2011. If informgl consultation with the Services is required,we will need to increase our scope and cost estimate. Based on our project understanding, an effect determination of"May Affect,Likely to Adversely Affect" is unlikely. However, if the project is deemed to adversely affect listed species,we will -- work with the City to determine whether the project could be redesigned to avoid adverse impacts and associated formal consultation with the Services. If formal consultation is required, we would need to increase our scope and cost estimate. COST ESTIMATE We are prepared to provide the services described above on a time-and-expense basis in accordance with the terms in our current contract with the City on the Green Fiver Levees Improvement project. Our estimated costs for the above scope of services is$5,970, as detailed in the enclosed Cost Estimate, In the event that additional services are necessary, due to changes in your request,an unavoidable elevated effects determination, or other unforeseen circumstances,we will notify you immediately and obtain your authorization for the additional services and costs. 21-2420e5-001.L1.&ac A pnkn 21-2-62065-001 I I i I I i Mr. Mark Madfai S �.���l�iON�J�,�l@.��. N,IN ., City of Kent Public Works Engineering October 14,2014 Page 3 of 3 SCHEDULE We can start the BE immediately upon notice to proceed. We assume that the City will be able to provide the reports and design plans which will be necessary for us to adequately assess all of the project's impacts, This includes, but is not limited to, a set of design drawings, estimated dredge and fill quantities and locations, additional impervious surfaces (if any), location of staging areas,temporary erosion and sediment control and grading plans,and a general construction thneline/sequence, We should be able to complete the BE within two weeks of receiving a fully executed contract. Our"Important Information About Your Biological Assessment(BA) and/or Biological I Evaluation(BE)Proposal"is enclosed to assist you in understanding the use and limitations of our proposals. I We are pleased to have this opportunity to assist you with this project. If you have any questions,please contact me at(206) 695-6673, Sincerely, SHANNON&WILSON,INC. 1 , Becki Kniveton, P.W.S. Senior Principal Biologist BSK:KLW/bsk Enc: Cost Estimate Important Information About Your Biological Assessment(BA) and/or Biological Evaluation(BE) Proposal i i I i 21-2-620e5-00I-n 21-2-62065-001 i i I� COST ESTIMATI: Proposal No.; 21-2-62065-001 Roject: Milwaukee II Levee Client: Mark Madfa By: BSK 10114/2014 < �rv3 a. . ai „F_`' s 'dtQ 4Uan�1t S,btota ��.=aaptptai ;'+ Talc 1; Biological Assessment .a 7PreddEnt Preparation t ino pa Biologist $145.00 /hr 6 hrs $870 j t(mileage) 72 /mile 0.56mile $40 D Technician $95,00 /hr 9 hrs $855 incipa Biology $145.00 lhr 24 hrs $3,480 sdant $235.00 /hr 2 hrs $470 $90.00 /hr 2 hrs $180 Mal,Com user $25.00 /ea 3 total $75 ESTIMATE $5g70 i I i I I i i 21-262065-001-LI-CosLxlsx 2I-2-62065-001 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. i 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. i I I I EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit, j I 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. I CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD(YVYY) 11l612014 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(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to I...... the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CO NA ME:NTACT Gail Scott Arthur J. Gallagher Risk Management Services, Inc. (A C Ne,E. .425-586 1031 --_-. ----. (A/C,Neg425 451-3716 P.O. Box 367 EMAIL n Bellevue WA 98009-0367 ADDRESS.gall_scott@alg.-com_ INSURERS)AFFORDING COVERAGE I NAIC# INSURERA-Travelers Property Casualty Co of 25674 INSURED INSURER B:Travelers Indemnity CO OfAmerica 25666_. Shannon&Wilson, Inc. INSURERC: 400 N. 34th Street, Suite 100 INSURERD: Seattle,WA 98103 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:870304000 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 -- - 1ADDL SGas POUCYEFF POLICYEXP LTR TYPE OF INSURANCE INSR WVO POLICY NUMBER MMfODIYYYY MMIDD/YY LIMITS A GENERALLIABILITY P630GD340343TIL14 1/1/2014 /l/2015 EACH OCCURRENCE $1,000,000 IX DAMAGE T RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurronce $1.000.000 L ]CLAIMS VADE X OCCUR j MED EXP(Any one Person) $10 000 PERSONAL&ADV INJURY $1,000000 GENERAL AGGREGATE $2,000000 I i i, GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO S2,000000 JEST i POLICY IX PRO- LOC $ A AUTOMOBILE LIABILITY P8109D3403431-I114 /l/2014 11112016 GOMe EDS G ELIMT JEa awdentj -- _t1 000,000 X ANY AUTO - BODILY INJURY(Per person) S ALL OWNED -SCHEDULED ! BODILY INJURY(Per awdern $ AUTOS AUTOS _ HIRED AUTOS AUflOOWNED PROPERTY docidaniAMAGE $ UMBRELLA LIAR OCCUR ( EACH OCCURRENCE $ EXCESS LIAB i.CLAIMS MADE AGGREGATE S i DED RETENTION$ $ 6 WORKERS COMPENSATION PHUB9D34034314 1/l/2014 /112015 X WC STATU OTH- ANDEMPLOYERS'LIABILITY YIN , LIMII,G _ulR_ ANY PROPRIETOWPARTNER/EXECUTIVE❑ NIA EL EACH ACCIDENT $1,000,000 OFFICERMEMBER EXCLUDED? N -- - - (MandatoryinNH) EL DISEASE-EA EMPLOYEE_ $1,000,000 If yes,c1mcnine under DESCRIPTION OF OPERATIONS be'ow EL.DISEASE-POLICY LIMIT $1,000,000 j DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES Butach ACORD In,Additional Remarks Schedule,If more space le nuI.In tll j Re Workers'Comp-in Washington, Employers' Liability only 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 and where required by written contract. GL and AL Primary and Non-Contributory is included where required by written contract. Project: Milwaukee II Levee, Kent,WA (S&W Proposal#21-2-62085-001) 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 ACCORDANCE WITH THE POLICY PROVISIONS. '',.. Attn: Nancy Yoshitake 400 W. Gowe AUTHORIZED REPRESENTATIVE Kent WA 98032 USA ©1988-2010 ACORD CORPORATION. All rights reserved. ',. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Client#: 330606 SHANNWIL11 ATE ACORD. CERTIFICATE OF LIABILITY INSURANCE D 11/(MMIODNYYY)06/2014 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(les)must been-d-onsed.-If­SIJBRC-G--A-T-ION 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 ondorsement(s). PRODUCER CONTACT Kibble&Prentice,a USI Co PR NAME, ------ PHONE A INC.U., -6300 F tX -362-8528 601 Union Street, Suite 1000 EMAIL a,,:206 441 (A C, a,: 610 ADDRESS, PL.Certrequest@kpcom.com Seattle,WA 98101 INSUREFIST AFFORDING COVERAGE NAIC INSURER A.Lloyd's of London 132727 INSURED INSURER B: Shannon &Wilson, Inc. INSURER C: P.O.Box 300303 Seattle,WA 98103 INSURER D: INSURER E: INSURER F, COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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. INSIR LIU R POLICY NUMBER POLICY Err POLICY EXP LIMITS LTR TYPE OF INSURANCE TADD N, R GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY AMIN=.) CLAIMS-MADE F OCCUR MEDEXP(Any nne person) 5 PERSONAL&ADV INJURY GENERAL AGGREGATE S GENE AGGREGATE LIMIT APPLIES PER E PRODUCTS-COMPIOP AGO S POLICY PRO- JECT F�LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO BODILY I NJURY(Pa,pacer) IL ALL OWNED SCHEDULED I BODILY INJURY(Pm...dent) S AUTOS AUTOS HIRED AUTOS ATO1SW NED PH.10-P I.RT-m hIDAMAGE $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LAB CLAIMS MADE AGGREGATE DED RETENTION$ i: WORKERS COMPENSATION IDEY I M IWCSTAH AND EMPLOYERS'LIABILITY YIN ANY PROPMETURPARTNEWEXECUTIVE, 1 E.L.EACH ACCIDENT Is OFFICEWMEMBER EXCLUDED? L--J N/A (Mandatory In NFD E.L.DI:EAS E�EAEMPLOYEE If yas,tlescnbe antler DESCRIPTION OF OPERATIONS um. E.L.DISEASE-POLICY A Professional& B0146LDUSA1404579 01/01/2014 0110112015 $1,000,000 per claim Contractors $1,000,000 arm[aggr. !Pollution Liab. I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Scheduic,if more space is required) Project Name: Milwaukee 11 Levee S&W Job No. proposal#21-2-62085-001 Description of Work: 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 Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS. 400 W.Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE (iD 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #SI3701581/MI1519196 EZGJU P6304D340343TIL14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLiCY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: ! COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION If —WHO IS piles only to such "bodily injury" or "property AN INSURED: damage"that occurs before the end of the pe- r(od of time for which the "written contract re- Any person or organization that you agree in a „ quiring insurance requires you to provide "written contract requiring insurance" Include such coverage or the end of the policy period, an additional insured an this Coveragee Part, but:: whichever is earlier. a. Only with respect to liability for"bodily injury", The following is added to Paragraph Ca. of SEC- "property damage" or"personal injury"; and 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 of "your work" to which the "written contract is excess over any valid and excess, 'other in- requiring insurance applies. The person or on any whether primary, excess, contingent or addl- organization does not qualify as an additional on any other basis, that e available to However, f you insured with respect to the independent acts tional Insured for a Toss we cover. However, if you or omissions of such person or organization. specifically agree in the "written contract requiring 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- e. 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 "wri(en 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". Cass 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 Of Insurance. 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 j 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" specifi- rence' 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: once provided to the additional insured ap- CG D4 14 04 08 02008 The Travelers Companies,Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i I. How, when and where the "occurrence" any provider of other insurance which would or offense took place; cover the additional insured for a loss we ii. 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- iil. The nature and location of any injury or tional insured Is primary to that other Insut- damage arising out of the "occurrence"or ance available to the additional Insured which offense, covers that person or organization as a named insured. b. If a claim is made or"suit" is brought against the additional Insured, the additional insured 4 The following is added to the DEFINITIONS Sec- must; tion: 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 if. Notify us as soon as practicable. which you are required to include a person or or- 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- erwise comply with all policy conditions, c. Before the end of the policy period, d. The additional insured must tender the do- fense and indemnity of any claim or "suit" to r' liaEi a a r� o e+ I m� rT O� ( Os�ma I U I Page 2 of 2 ©2008 The Travelers Companies, Inc, CG f24 14 04 08 014524 COMMERCIAL GENERAL LIABILITY P6309D340343TIL14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REACH IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSURED j This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b, The "personal injury" or"advertising 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 1. 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): ante 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 Owu�i® a� h 9w� Ufm^v u CG DO 37 04 05 Copyright 2005 The St, Paul Travelers Companies, Inc.All rights reserved. Page 1 of 1 masao #P8109D340343TZL14 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. B diNKET ADDITIONAL INSURED 1. PHYSICAL DAMAGE —'TRANSPORTATION EXPENSES—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 QM. SS F. HIRED AUTO -- LIMITED WORLDWIDKETWAIVEROFSUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS ENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodity, injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION It — LIABILITY COV- during the policy period, to be named as an addl- 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 qualities 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. It. Coverage under this provision is afforded only an- C. EMPLOYEE HIRED AUTO III the 180th day after you acquire or form the or- ganization or the end 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 AA., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION It—LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" organization who is required under name, with your permission, while performing Any person or or 9 4 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 1 i CA T3 53 03 10 02010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services office,Inc.with its permission. i I COMMERCIAL AUTO 2. The following replaces Paragraph b, In 8.5., 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 Is. 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 "suit' 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. "auto" that is leased, hired (i) You must arrange to defend the 'In- However, any� � sured"against, and investigate or set. rented or borrowed with a driver is not a its any such claim or"suit"and keep covered"auto". us advised of all proceedings and ac= D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1.,Who Is (it) Neither you nor any other involved An Insured, of SECTION 11 — LIABILITY COV- 'Insured" will make any settlement ERAGE: without our consent. Any"employee"of yours is an "insured"while us- (tit)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 %uir'. LIMITS (iv)We will reimburse the "Insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "Insured" legally must of SECTION It—LIABILITY COVERAGE: pay as damages because of "bodily 2 U to $3,000 for cost of bail bonds In injury' or"property damage to which ( ) p ( - this insurance applies, that the 'in- cludipg bonds for related traffic law viofa- sured" pays with our consent, but lions) 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 It—LIABILITY COVERAGE, 2. The following replaces Paragraph A2.a.(4), (v) We will reimburse the "insured" for of SECTION If--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 F. HIRED AUTO — LIMITED WORLDWIDE COV- within the limit described In Para- ERAGE—INDEMNITYBASIS graph C., Limit Insurance, of SECTION II — LIABILITY COVER- The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit, graph BJ., 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 orI I I Cage 2 of 4 ®2016 The Travelers Indemnity Company. CA T3 53 0310 � Includes copyrighted material of Insurance services Office,[no.wllh its permission. I i I COMMERCIAL AUTO i to the "insured" whether primary, excess L 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 yourcovered"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 the Compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exctu- (d) It is understood that we are not an admit- sions, 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 under this policy; The following Is added to Paragraph D., Deducti- b. The airbags are not covered under any war- ble, of SECTION III — 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 then 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 AA.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); j 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- (a) 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 Tho Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc,with Its permission. I COMMERCIAL AUTO W 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. Now- signed and executed pdor to any "accident' ever this provision does not affect our right to col- or"loss", provided that the"accident'or"loss' lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. I Page 4 of 4 is 2010 The Travelars indemnity company. CA T3 63 03 10 Includes copyrighted material of insurance Services Office,Inc,with its permission.