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HomeMy WebLinkAboutPW15-134 - Amendment - #1 - Landau Associates, Inc. - 72nd Ave S Extension - 08/11/2015 Ma, nt}x Records KENT WAs„,„a,a„ R:k Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions,please contact City Clerk's Office. Vendor Name: Landau Associate, Inc. Vendor Number: JD Edwards Number g� Contract Number: This is assigned by City Clerk's Office Project Name: 72no Ave. S. Extension Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 8/11/15 Termination Date: 2/29/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Largholz Department: Engineering Contract Amount: $6,008.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Update the Wetland Report and No Effect Determination Technical Memorandum. As of: 08/27/14 10E4 T AMENDMENT NO. i NAME OF CONSULTANT OR VENDOR: Landau Associates, Inc. CONTRACT NAME & PROJECT NUMBER: 72"d Ave. S. Extension ORIGINAL AGREEMENT DATE: April 9, 2015 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Update the Wetland Report and No Effect Determination Technical Memorandum. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $100,650.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $100,650.00 including all previous amendments Current Amendment Sum $6,008.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $106,658,00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/15 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (t) for this 60 calendar days Amendment Revised Time for Completion 2/29/16 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this,Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: gy; ts � �ls� u �1 By (signatu`r ) (signature) Print Name: Print 1,;a ��°it� Print Name: Timothy J. LaPorte, P.E. Its Its Public Works Director (title) J (t qe) DATE: DATE: f APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Landau Associates-22n°2 Amd 1/Langhola AMENDMENT - 2 OF 2 EXHIBIT A Project Cost Estimate LAI Ref, 334002.000 Natural Resources Services Date: 17-Jul-15 72ad Avenue South Extension Project Revised: Kent,Washington Prepared Dy: SJQ ESTIMATED LABOR: PERSONNEL&2015 HOURLY RATES . WORK TASK Pdn. Assoc. Sr,Project Staff CADD Admin. TOTAL TOTAL DESCRIPTION $221 $161 $147 $105 $105 $97 HOURS AMOUNT Welland Report Update 8 8 __ 2 18 $2,482 No Effect Determination TM update 1 12 4 2 18 $2,786 0 $0 0 $0 0 $0 Project Ma nagement 1 21 1 4 $680 61. i18ii1 LABORATORY TEST SUMMARY: ESTIMATED DIRECT EXPENSES: Est.No, Unit Total Mileage Q$0.565/mile $0 Test Tests Cost Cost FenyTdt $0 Moisture Content 0 $18 $0 Misc.(copies,phone,equip.) $60 Combined Analyses 0 $180 $0 Laboratory Testing $0 CraG)Siza/Aner6erg l,Imits 0 $95 - $0 Tt4�1tiY11YNIr 'p;G;$I?LNSPS _ 777,oi'. F SUBCONTRACTOR ..... COSTS: I,. Ddiling Subcontractor $0.00 Traffic control $0.00 !CPTAUB?K?!<[iST.5,l'yaiEili7'slij:`i5?E;iW PROJECT TOTALS AND SUMMARY: Tuhd l,nhar Cust S5,948,00 Direct Expenses $60.00 Subuunlruolor Costs+no markup $0.06 . i s:lsharedoc1000proposa117/20/201572nd_Ave_S_Ext_NR cost est As Ac LIP CERTIFICATE OF LIABILITY INSURANCE 3/5/2015 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 POLICIE 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 the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Melanie Kelly Servco Pacific Insurance PHIc"o E.t;20 -2 - ac Nol_206_2_@0_2903 Ste 2 Dexter Ave. N. aooalEss:certde serve acifiC�om Ste 220 Seattle, WA 98109 INSURERS AFFORDING COVERAGE NAIC If INSURER A:U r Lloyds INSURED 750 INSURERS:RLI Insurance 3056 Landau Associates, Inc. INSURER C: 130 2nd Ave. S. INSURER D: Edmonds,WA INSURER F; COVERAGES CERTIFICATE NUMBER:1404713343 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR rypE OF INSURANCE ADO BR POLICY EFF POLICY EXP LIMITS LTR INSR PAJD PODCV NUMBER MMIDDIYYYY MMIDD/YWY B GENERALUABILRY Y Y PSB0005053 12131/2014 2/31/2015 EACH OCCURRENCE $1,000,000 x E TED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000 CLAIMS-MADE I JOCCUR _MED EXP(Any one person) $10,000 PERSONAL B ADV INJURY $Included GENERAL AGGREGATE $2 000000 G EAGGRITAPPLIES PER: PRODUCTS-COMP/OP AGO $2,000,000 POLI EGATE LIIdCY X PRO- LOC S B AUTOMOBILE LIABILITY Y Y PSA0001952 12/31/2014 2/31/2015 COMBINED bINGLFTll Ea accident _ $1,000000 x ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS '.. x HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Par accident $ B UMBRELLA LIAR X OCCUR Y Y PSE0002240 12/3112014 2/31/2015 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 LED RETENTION$ $ B WORKERS COMPENSATION PSW0002924 12/31/2014 2/31/2015 X I WC STATU- IOEH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED? N/A (Mandatory in NH) EL DISEASE-EA EMPLOYEE $1,000,000 It yes,describe under DESCRIPTION OFOPERATIONS below E.L DISEASE-POLICY LIMIT $1,000,000 A Professional Liability Y W13431140301 12/31/2014 2/31/2015 Per Claim $3,D00,000 Incl.Contractors Pollution Hab Aggregate $3,000,000 Deductible $125,000 DESCRIPTION OF OPERATIONS LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If mom space Is required) Re: LAI project#334002, Geotechnical and environmental support services-72nd Avenue South Extension project. City of Kent, is included as an Additional insured on General Liability,Automobile Liability policies per the attached endorsements and Umbrella Liability policy. General Liability and Umbrella Liability policies are Primary and Non-Contributory.waiver of Subrogation applies to General Liability,Automobile Liability, Umbrella Liability and Professional Liability policies. 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, Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Nancy Yoshitakez 220 Fiurth Avenue South AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD ' P a S 0005053 RLIInsurance Company Policy Number. P B p y Named Insured:Landau Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM-SECTION II— LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional Insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement;or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense committed a within the "product-completed operations after you have entered into that contract or agreement. hazard". The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION 11 — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your behalf, under a contract or agreement with that c. This endorsement does not increase any of the limits of insurance stated in Liability And person or organization. We waive these rights only where you have agreed to do so as part of a Medical Expenses Limits of Insurance. contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into_by.you.before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage"occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION 11 — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSA0001952 RLI Insurance Company Named Insured: Landau Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E, Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair—Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage—Loss Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition—Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition—Railroad Easement Q. Coverage Extensions—Audio,Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage I PPA 300WA 03 13 Page 1 of 5 This endorsement modifies insurance provided under the following: JSINESS AUTO COVERAGE FORM A. Broad Form Named Insured We waive any right of recovery we may have against The following is added to the SECTION II — any person or organization to the extent required of COVERED AUTOS LIABILITY COVERAGE, Para- you by a contract executed prior to any"accident"or graph A.1.Who Is An Insured Provision: "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. Any business entity newly acquired or formed by you The waiver applies only to the person or during the policy period, provided you own fifty organization designated in such contract. percent(50%)or more of the business entity and the E. Employee Hired Autos business entity is not separately insured for Business Auto Coverage. Coverage is extended up 1. The following is added to the SECTION 11 — to a maximum of one hundred eighty (180) days COVERED AUTOS LIABILITY COVERAGE, following the acquisition or formation of the business Paragraph A.I. Who Is An Insured Provision: entity. An "employee" of yours is an "insured" while This provision does not apply to any person or operating an "auto" hired or rented under a organization for which coverage is excluded by contract or agreement in that "employee's" endorsement. name, with your permission, while performing B. Employees As Insureds duties related to the conduct of your business. The following is added to the SECTION II — 2. Changes In General Conditions: COVERED AUTOS LIABILITY COVERAGE, Para- Paragraph S.b. of the Other Insurance graph A.1.Who Is An Insured Provision: Condition in the BUSINESS AUTO Any "employee" of yours is an "insured"while using CONDITIONS is deleted and replaced with the a covered "auto" you don't own, hire or borrow in following: your business or your personal affairs. b. For Hired Auto Physical Damage Coverage, Blanket Additional Insured the following are deemed to be covered "autos"you own: The following is added to the SECTION II — (1) Any covered "auto" you lease, hire, rent COVERED AUTOS LIABILITY COVERAGE, Para- or borrow, and graph A.1,Who Is An Insured Provision: Any person or organization that you are required to (2) Any covered "auto" hired or rented by your"employee" under a contract in that include as an additional insured on this coverage individual "employee's" name, with your form in a contract or agreement that is executed by permission, while performing duties you before the "bodily injury" or "property damage" related to the conduct of your business. occurs is an "insured" for liability coverage, but only However, any "auto" that is leased, for damages to which this insurance applies and hired, rented or borrowed with a driver is only to the extent that person or organization qualifies as an "insured" under the Who Is An not a covered "auto". Insured provision contained in SECTION 11 — F. Fellow Employee Coverage COVERED AUTOS LIABILITY COVERAGE. SECTION 11 — COVERED AUTOS LIABILITY The insurance provided to the additional insured will COVERAGE, Exclusion B.S. does not apply if you be on a primary and non-contributory basis to the have workers compensation insurance in-force additional insured's own business auto coverage if covering all of your employees, you are required to do so in a contract or agreement G. Auto Loan Lease Gap Coverage that is executed by you before the "bodily injury" or "property damage"occurs. SECTION III — PHYSICAL DAMAGE COVERAGE, D. Blanket Waiver Of Subrogation C. Limit Of Insurance, is amended by the addition of the following: The following is added to the SECTION IV — In the event of a total "loss" to a covered "auto" BUSINESS AUTO CONDITIONS, A. Loss Conditions, S. Transfer Of Rights Of Recovery shown in the Schedule of Declarations, we will pay Against Others To Us: any unpaid amount due on the lease or loan for a covered"auto", less: PPA 300WA 03 13 Page 2 of 5 1, The amount paid under the PHYSICAL (a) $60,000 DAMAGE COVERAGE section of the policy; (b) The actual cash value of the damaged and or stolen property as of the time of the 2. Any: "loss"; or a. Overdue leaselloan payments at the time of (c) The cost of repairing or replacing the the "loss"; damaged or stolen property with other b. Financial penalties imposed under a lease property of like kind and quality. for excessive use, abnormal wear and tear (2) An adjustment for depreciation and physical or high mileage. condition will be made in the event of a total c. Security deposits not returned by the lessor; "loss". (3) We may deduct for betterment for parts d. Costs for extended warranties, Credit Life I normally subject to repair and replacement Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, during the useful life the "auto". In this and event, deductions shallll be limited to the lesser of: e. Carry-over balances from previous loans or (a) An amount equal to the proportion that leases. the expired life of the part to be repaired H. Glass Repair—Waiver Of Deductible or replaced bears to the normal useful SECTION III — PHYSICAL DAMAGE COVERAGE, life of the part, or D. Deductible is amended by adding the following: (b) The amount which the resale value of the"auto"is increased from the repair or No deductible for a covered "auto"will apply to lass pp y g replacement. damage if the glass is repaired rather than replaced. I. Personal Effects Coverage (4) A deductible equal to the highest Physical g Damage deductible applicable to any owned The following is added to SECTION III — PHYSICAL auto will apply. DAMAGE COVERAGE, A. Coverage, 4. Coverage (6) This Coverage Extension will not apply to: Extensions: c. Personal Effects Coverage (a) Any "auto" that is hired, rented or` g borrowed with a driver; or In the event of a total theft loss of your covered (b) Any "auto" that is hired, rented or "auto we will pay up to $400 for"loss'to wearing borrowed from your"eml apparel and other personal effects which are: (1) Owned by an"insured"; and K. Hired Auto Physical Damage—Loss Of Use 2 our covered"auto"; The following is added to SECTION II — COVERED O In or on y AUTOS LIABILITY COVERAGE, A.2. Coverage No deductible applies to Personal Effects Extensions: Coverage. e. We will pay sums which you legally must pay to J. Hired Auto Physical Damage Coverage the lessor of a covered "auto" which you have leased without a driver for thirty(30) days or less The following is added to SECTION III — PHYSICAL for the lessor's loss of use of the covered "auto", DAMAGE COVERAGE, A. Coverage, 4. Coverage provided Extensions: (1) This insurance provides comprehensive, d. Hired Auto Physical Damage Coverage specified causes of loss or collision covered If hired "autos" are covered "autos" for Liability on the covered "auto"; Coverage and this policy also provides Physical (2) The loss of use results from the covered Damage Coverage for an awned "auto", then the "auto" being damaged in an "accident"while Physical Damage Coverage is extended to you are leasing it. "autos" that you hire, rent or borrow subject to the following: We will pay up to a maximum limit of$1,500 for this covered extension. (1) The most we will pay for `loss" in any one "accident" to a hired, rented or borrowed L. Hired Car—Worldwide Coverage "auto"is the lesser of: The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage Extensions: PPA 300WA 03 13 Page 3 of 5 f. Hired Car—Worldwide Coverage (b) Insurance limits required by law and (1) We will pay all sums an "insured" legally issued by a government entity or by an must pay as damages because of "bodily insurer licensed or permitted by law to do business in the jurisdiction where the injury" or "property damage" to which this insurance applies, caused by an "accident" accident"occurs;or which occurs outside of the United States of (c) Auto liability insurance limits of at least America, the territories and possessions of $300,O00 combined single limit or the United States of America, Puerto Rico $100,000 per person/$300,000 per acci- and Canada resulting from the maintenance, dent Bodily Injury, $100,000 Property or use of any covered "auto" of the private Damage. passenger type you lease, hire, rent or If you fail to comply with the above, this borrow without a driver for thirty(30) days or insurance is not invalidated. However, in the less. event of a "loss", we will pay only to the (2) With respect to any claim made or "suit" extent that we would have been liable had instituted outside the United States of you so complied. America, the territories and possessions of (5) The insurance provided by this coverage the United States of America, Puerto Rico, and Canada: extension is excess over any other collectible insurance available to you (a) You shall undertake the investigation, whether on a primary, excess contingent or settlement and defense of such claims any other basis. and "suits" and keep us advised of all proceedings and actions. M. Temporary Transportation Expenses (b) You will not make any settlement SECTION III — PHYSICAL DAMAGE COVERAGE, without our consent. A.A. Coverage Extensions, subparagraph a. Transportation Expenses is deleted and replaced (c) We will reimburse you: by the following: (i) For the amount of damages be- a. Transportation Expenses cause of liability imposed upon you (1) We will pay up to a maximum of$1,500 for by law on account of"bodily" injury" temporary transportation expense incurred insurance applies, and"property damage" to which this by you because of Physical Damage to a coverage "auto". (ii) For all reasonable expenses incur- red with our consent in connection (2) We will pay only for those covered "autos"with the investigation, settlement or for which you carry Comprehensive, Collision or Specified Case of Loss defense of such claims or "suits".Reimbursement for expenses will be Coverage. part of the Limit of Insurance for (3) We will pay only for those expenses incurred liability coverage shown in the Busi- by you during the period of time that begins ness Auto Coverage Declarations, twenty-four (24) hours after the covered and not in addition to such limits. "loss" and ends at the time when the (3) The limit of Insurance for Liability Coverage covered "auto" can be reasonable repaired shown in the Business Auto Coverage or replaced. Declarations is the most we will reimburse (4) This coverage does not apply while there - you for the sum of all damages imposed on are spare or reserve"autos"available to you you, as set forth in paragraph 2.c. above, for your operations. and all expenses incurred by you arising out N. Amended Bodily Injury Definition — Mental of any single"accident"or"loss Anguish (4) You must maintain the greater of the The following is added to SECTION V — limits: following primary auto liability insurance DEFINITIONS, Definition C.: (a) Compulsory admitted insurance with "Bodily injury" also includes mental anguish, but only limits required to be in force to satisfy when the mental anguish arises from other bodily the legal requirements of the jurisdiction injury, sickness or disease, where the accident occurs; or PPA 300WA 03 13 Page 4 of 5 O. Airbag Coverage (1) How, when and where the "accident" or The following is added to SECTION III— PHYSICAL "loss"occurred; DAMAGE COVERAGE B. Exclusions 3.a.: (2) The"insureds"name and address;and However, this exclusion will not apply to accidental (3) To the extent possible, the names and discharge of an airbag due to mechanical or addresses of any injured person and electrical breakdown. witnesses. P. Amended Insured Contract Definition — Railroad Your duty to give us or our authorized Easement representative prompt notice of the "accident" or SECTION V— DEFINITIONS paragraph H. "Insured is applies only when the "accident" or "loss" contact"is modified as follows: s known to: 1. Paragraph H.3. is replaced by the following: (1) You, if you are an individual, 3. Any easement or license agreement. (2) A partner if you are a partnership; or 2. Paragraph H.6.a. is deleted. (3) An executive officer or insurance manager, if you are a corporation. S, Unintentional Errors Or Omissions Q. Coverage Extensions — Audio, Visual And Data SECTION IV—BUSINESS AUTO CONDITIONS, B. Electronic Equipment Not Designed Solely For General Conditions; 2. Concealment Misrepre- The Production Of Sound sentation Or Fraud is amended by adding the SECTION III — PHYSICAL DAMAGE COVERAGE following: B. Exclusions, exception paragraph a, to exclusion 4.c. and 4.d, is deleted and replaced with the The unintentional omission of, unintentional error following: in, any information given by youu shall not prejudice your rights under this insurance. However this pro- a. Equipment and accessories used with such vision does not affect our right to collect additional equipment, except for tapes, records, discs or premium or exercise our right of cancellation or other electronic media device, provided such nonrenewal. equipment is permanently installed in the T. Towing Coverage covered "auto" at the time of the "loss" or is removable from the housing unit which is SECTION III — PHYSICAL DAMAGE COVERAGE, permanently installed in the covered "auto" at A.2. Towing, is deleted and replaced by the the time of the "loss", and such equipment is following: designed to be solely operated by use of the 2. We will pay up to $750 for towing and labor power from the "autos" electrical system, in or costs incurred each time a covered "auto" is upon the covered "autos", or disabled due to a covered cause of loss. R. Notice Of An Knowledge Of Occurrence However: SECTION IV — BUSINESS AUTO CONDITIONS, a. All labor must be performed at the place of A.2. Duties In The Event Of Accident, Claim Suit disablement; and Or Loss, subparagraph a. is deleted and replaced with the following: b. If the covered auto is a private passenger type no deductible applies; and a. In the event of"accident", claim, "suit" or"loss", c, If the covered auto is not of the private you must give us or our authorized passenger type our obligation to pay will be representative prompt notice of the "accident" or reduced by a $250 deductible per "loss"including: disablement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPA 300WA 03 13 Page 5 of 5