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HomeMy WebLinkAboutPW14-222 - Amendment - #2 - County Road #8 Levee Improvement Project - Wetland Delineation F� s an age e �; KN T Wag„,N�ro„ Document P + j w 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: 3D Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: County Road 8 Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/30/15 Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Casteel Department: Engineering Contract Amount: $0.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 3_1, 2016 because other projects were prioritized over this one due to funding_ As of: 08/27/14 SENT AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Shannon & Wilson, Inc. CONTRACT NAME & PROJECT NUMBER: County Road 8 Levee ORIGINAL AGREEMENT DATE: September 3, 2014 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: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2016 because other projects were prioritized over this one due to funding. 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, $21,537.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $21,537.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $21,537.00 AMENDMENT - 1 OF 2 F Original Time for Completion 12/31/14 (insert date) Revised Time for Completion under 12/31/15 prior Amendments (insert date) Add] Days Required (f) for this 366 calendar days Amendment Revised Time for Completion 12/31/16 (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: By: ✓ By Kd t, r °L M .,(slgnatureA FV ( ignature) Print Name: ;k, oD ( �-u4 Print Name: TimothyJ. LaPorte, P.E. Its NJI Lz Vdz—saxt Its Public Works Director title fr (titl DATE: DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Shannon&Wilson-Co Rd 8 Amd 2/C.U.1 AMENDMENT - 2 OF 2 DATE(MM/DDrrm) A� CERTIFICATE OF LIABILITY INSURANCE 2/24/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS `TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES j jW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED Rer.AESENTATIVE 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 endorsements. I.. PRODUCER NAMEAOT Gall Scott Arthur J. Gallagher Risk Management Services, Inc. PHONE 425-586-1031 FA 425-451-3716 P.O. Box 367 arc N ) EMAIL _ Bellevue WA 98009-0367 non Ess:9ail scott@a j9com _ INSURERLSJAFFORDING COVERAGE NAM# INSURER A:National Union Fire Ins Co Pittsbur 19445 _ INSURED INSURER a:New Ham shire Insurance Com an 23841 Shannon&Wilson, Inc. INSURERC: 400 N. 34th Street,Suite 100 INSURERD: Seattle,WA 98103 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 816413056 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSO WVD POLICY NUMBER MM/IprcEFF MM/OpY EXP IJ UMITS ITS A x COMMERCIAL GENERAL LIABILITY 7046489 11/2015 3/1/2016 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X�OCCUR PREM SEB Ea oo uFn nce $300,000_ MEDEXP(Anyoneperson) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY jECT DLOD PRODUCTS-COMP/OP AG_G $2,000,000 OTHER: $ !1/2015 3/112016COMEMED SINGLE LIMIT' $1000,000 A �TOMOBILE LIABILITY 2248389 Eaaociden[ X ANYAUTO BODILY INJURY(Per person) $ AUTOSNED SCHEDULED BODILY INJURY(Peraccident) $ AUTOS NON-OWNED PROPE AMAGE $ HIREDAUTOS F — $ AUTOS Per accident UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION 024508507-AOS !1/2015 /112016 x PER OTH- A AND EMPLOYERS'LIABILITY Y/N 024508508-CA 1112015 1112016 STANTE ER ANY PROPRIETORIPARTNERIEXECUTIVE F NIA E.L.EACH ACCIDENT $110001000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,descnbe under DE SCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $1,000.000 DESCRIPTION OF OPERATIONS r LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re Workers'Comp-in Monopolistics, Employers'Liability only The City of Kent is included as Additional Insured for General Liability(per Form#CG2033 and CG2037)and Auto Liability as respects operations of the Named Insured and where required by written contract. GL and AL Primary and Non-Contributory are included where required by written contract. Project:County Road#8 Levee Improvement Project, Kent,WA(S&W Proposal#21-2-61857-001) -z 41-1zy7q 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 Yoshitake 400 West Gowe AUTHORIZED REPRESgNTE ATIVE Kent WA 98032 USA ©1988.2014 ACORD CORPORATION. All rights reserved. I.. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 001850 //��/^� Client#:330606 SHANNWIL11 /YCORDM CERTIFICATE OF LIABILITY INSURANCE DAT/0612WVVYY) 01l06/2015 'nS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS �TIFICATE 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 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: _ Kibble&Prentice,a USI Co PIR ac°hvo En:206 441-6300 ac,No): 610.362-8530 601 Union Street,Suite 1000 -ADDRESS, pi•cer_trequest@kpcom.com Seattle,WA 98101 R INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Lloyd's of London 32727 INSURED INSURER B Shannon &Wilson,Inc. INSURER C: P.O.Box 300303 ---_-- INSURERD: 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 TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIONOF 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. INSR ADOL SUBR POLICY EFF POLICY EXP LTR TYPE OFINSURANCE INSR WVD _ POLICY NUMBER MMIDDIYYYY MM/DDIYVYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ _ COMMERCIAL GENERAL LIABILITY PREMISESOEa RENTED- PREMISES _ $ _ CLAIMS-MADE 7 OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ _ GENERAL AGGREGATE $ GEML AGO REGATELIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ --- POLICY PRO- LOC $ '.,. AUTOMOBILE LIABILITY COMRINED SINGLE LIMIT _ Ee accltlent $ ANYAUTO BODILY INJURY(Per person) $ I. ALL OWNED SCHEDULED BODILY INJURY(Per accltlent) $ AUTOS AUTOS _-_ I HIRED AUTOS NON OWNED Parr ccitlentDAMAGE $ UMBRELLA LIAR HOGGUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ DED RETENTION$ _ $ WORKERS COMPENSATION WCYL OTH- AND EMPLOYERS'LIABILITY YIN _. TO YLIMITS E LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER(MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $ A Professional& 110146LDUSA150579 '0110112016 $1,000,000 per claim Contractors $1,000,000 annl aggr. Pollution Liab. DESCRIPTION OF OPERATIONS LOCATIONS l VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project Name:County Road#8 Levee Improvement Project, Kent,WA;Proposal No:21-2-61857-001; Description of Work:Wetland delineation,biological assessment,and cultural resources study(subconsultant); Location: Kent,WA. CERTIFICATE HOLDER CANCELLATION Cityof Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS, 400 West Gowe Kent,WA 99032 AU THORIZED REPRESENTATIVE W , ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S14108569/M14108507 EZGJU P6309D340343TZL14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURE® ® 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--wla0 IS plies only to such "bodily injury" or "property AN INSURED: damage"that occurs before the end of the pe- erson or organization that you agree in a riod of time for which the "written contract re- Any p quldng 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 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 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 addl- organization does not qualify as an additional insured with respect to the independent acts tional Insured for a loss we cover. However, if you 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- 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{ten 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 valld 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 Insuranco insured when that person or organization Is an �� �� "other . e an th es not ap ply to the render- additional insured under Y ce do d. This insurance ppY i 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 dogs 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 tally requires you to provide such coverage claim. To the extent possible, such notice for that additional insured, and then the insur- ance provided to the additional insured ap CG D4 14 0408 ©2008 The Travelers companies,Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY L 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 addi- tional insured is primary to that other Insur- ili. The nature and location of any Injury or ante 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 The following is added to the DEFINITIONS Sao- the additional insured, the additional insured tion: must: L Immediately record the specifics of the "Written contract requiring Insurance" means that „ part of any written contract or agreement under claim or suit and the date received;and which you are required to include a parson or or- ii. 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 recelve 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 additonai insured must immediately send a. After the 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 alf policy conditions. c. Before the end of the policy period. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to a a o o o Page 2 of 2 ©2008 The Travelers Companies,Inc. CG iD4 1404 08 014524 COMMERCIAL GENERAL LIABILITY P6309D340343TIL14 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"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought adses 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 (9): 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 6� R� N d+w Om m D� Vw b O r1� r U� CG 00 37 04 05 Copyright 2005 The St, Paul Travelers companies, Joe.All rights reserved. Page 1 of 9 079530 #P8109D340343TIL14 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 OP USE—INCREASED LIMIT CB. B. NKET ADDITIONAL INSURED 1. PHYSICAL DAMAGE —'TRANSPORTATION , EXPENSES—INCREASED LIMIT EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS i -- D. EMPLOYEES AS INSURED K. AIRBAGS •` E. SUPPLEMENTARY PAYMENTS—INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS QM13LA OSS F. HIRED AUTO — LIMITED WORLDWIDKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS ENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily Injury' or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION If — LIABILITY COV- during the policy period,to be named as an addi- 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 ganizatlon 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. If. Coverage under this provision is afforded only un- C. EMPLOYEE HIRED AUTO til 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.R., ever is earlier. Who Is An Insured, of SECTION 11 — Lt- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following Is added to Paragraph c. in A.R., An "employee" of yours is an "Insured" while Who Is An Insured, of SECTION 11—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 busf- 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 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL.AUTO 2, The following replaces Paragraph b. in B.S., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: tease, 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 "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 "et- However, any� sured"against,and Investigate or set- rented or borrowed with a driver is not a tie 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 (if) Neither you nor any other Involved An insured, of SECTION it — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any"employee"of yours is an "Insured"while us- (III)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 (fv)We will reimburse the "insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must ofSECTI0N11—LIABILITY COVERAGE: pay as damages because of "bodily Injury"or"property damage" to which (2) Up to $3,000 for cost of ball bonds (in- this insurance applies, that the "in- cludipg bonds for related traffic law viola- sured" pays with our consent, but dons) 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 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 don of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such l 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—INDEMNITY BASIS graph C., Limit Insurance, of SECTION iI — LIABB LIABILITY COVER- j 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, am- 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 ©2010The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insorance services Office,Inc.with its permisslon. I COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph A.4., 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- rftories and possessions, Puerto Rico and Canada. We will pay up to $400 for "foss" 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". focal law. Your failure to comply with This coverage applies only in the event of a total compulsory Insurance requirements will (heft 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 tho.00mpulsory in- K, AIRBAGS surance requirements. The following is added to Paragraph 8.3., Exclu- (d) It is understood that we are not an admit- sions, of SECTION fl[ — PHYSICAL DAMAGE led 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.9.b. and A.7.c., but for compliance in any way with the laws only: of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE—GLASS a. 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 ill — PHYSICAL DAMAGE ranty;and COVERAGE; No deductible for a covered "auto" will apply to c. The ai bags were not intentionally inflated. glass damage if the glass Is repaired rather than oWe ne Veil] pay up to a maximum of $1,000 for any replaced. H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF L, NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the fast 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 Ili—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses five prompt notice of the "accident" or "loss" ap- for loss of use Is $05 per day, to a maximum of piles only when the "accldent' or"loss" is known $750 for any one"accident". to: L 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 ffatAAy com- graph AA.a., Transportation Expanses, 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 gonization);or $9,500 for temporary transportation expense In- (a) Any"employee"authorized by you to give no- curred by you because of the total theft of a cow tice,of the"accident"or"loss". Bred"auto"of the private passenger type. CA T3 53 03 10 02010 The Travelers Indemnity Company. Page 3 of 4 Indudes copyrtghted maledal of Insurance Services Office,Ina with its Permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The*following replaces Paragraph A.B., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV - BUSINESS AUTO CON01- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph 6.2., 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 pilor 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. I i i I Page 4 of 4 ©2010 The Travelers indemnity Company, CA 13 04 va i u Includes copyrighted material of insurance Services Office,]nc.with Its permission, I