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HomeMy WebLinkAboutPW14-324 - Amendment - #1 - Shannon & Wilson, Inc. - Mill Creek Rehabilitation Wetland & Stream Delineation - 12/28/2015 Records Mantageme, t KENT Document WASHINGTON w%X $'•' I. e '4.i ij. 3 CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Shannon & Wilson, Inc. Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Mill Creek Reestablishment Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/28/15 Termination Date: 4/30/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox 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 April 30, 2017. To complete the biological evaluation a mitigation plan needs to be completed. Access to the mitigation site will not be available until summer of 2016 at the earliest. As of: 08/27/14 I' KETI l W ns HiNCTaw AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Shannon & Wilson, Inc. CONTRACT NAME & PROJECT NUMBER: Mill Creek Reestablishment ORIGINAL AGREEMENT DATE: December 13, 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 April 30, 2017. To complete the biological evaluation, a mitigation plan needs to be completed. Access to the mitigation site will not be available until summer of 2016 at the earliest. 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, $49,892.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $49,892.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $49,892.00 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 (f) for this 486 calendar days Amendment Revised Time for Completion 4/30/17 (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: B_ y � �- By(i1/sAA [/ {signature L (signature) Print Name: l& 'r Print Name: Timothy J. LaPorte P.E. Its %0;{ i Its Public Works Director 1(title) I (title DATE: t� 13 l DATE: / /2 ��D�S t � I APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Shannon&Wll,.n-Mill Ok Rehab Amd 1/1<nox AMENDMENT - 2 OF 2 / CERTIFICATE OATS(MM/DO/YYYY) � ®F LIABILITY INSURANCE�� 2l24l2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS r-RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES )W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED k�,-RESENTATIVE 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 endorsements. CONTACT PRODUCER NAME: GBII Scott Arthur J. Gallagher Risk Management Services, Inc. PHONE t).425-586-1031 ABC Nn 425-451-3716 P.O. Box 367 E-MAIL9ailscott@a_ com Bellevue WA 98009-0367 AD Ras 19• INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Ins Co Pittsbur 19445 INSURED INSURERB:Trayelers Property Casualty Co of 25674 Shannon&Wilson, Inc. INSURERC:New Hampshire Insurance Company 23841 400 N. 34th Street, Suite 100 NSURER O: Seattle,WA 98103-8636 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:74550528 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. POLICY EFF POLICY E%P MTRR TYPE OF INSURANCE INSO WVD POLICY NUMBER MMIDD MMIDOIYY LIMITS A X COMMERCIAL GENERAL LIABILITY 7046489 1112015 /112016 EACH OCCURRENCE $1,000,000 DAMAGE 10 RENTED CLAIMS-MADE E OCCUR PREMISES Ee occurrenco $300,000 MED EXP(Any no person) $10,000 _PERSONAL&ADV INJURY $1,000,000 GEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jECOT D TOO PRODUCTG-COMP/OPAGG $2,000,000 $ OTHER: A JTOMOBILE LIABILITY 2248389 /1/2015 3/1/2016 OMU6I de�tSINGE $1,000,000 X ANYAUTO BODILY INJURY(Per person) $ AtLITOSNED SCHEDULED BODILY INJURY(Peraccident) $ AUTOS NON-OWNED PROP DAMAGE $ HIRED AUTOS AUTOS Per accident $ B X UMBRELLA LIAB X OCCUR ZUP15R7312A15NF 1/2015 3/1/2016 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DELI IX RETENTIONS 10,000 $ Q WORKERS COMPENSATION 024508507-AOS 31112015 3/1I2016 X STATUTE OERH A AND EMPLOYERS'LIABILITY YIN 024508508-CA /112015 3/1/2016 ANY PROPRIETORIPARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEH$1,000,000 Oyes,describe under E.L DISEASE-POLICY LIMIT 1$1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be atlached If more space is required) 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 is included where required by written contract. Project: Mill Creek Rehabilitation, Kent,WA (S&W Job#21-2-61861-001) 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 West Gowe AUTHORIZED REPRESENTATIVE L. Kent WA 98032 USA Jq_ @ 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 001847 f Client#:330606 SHANNWIL11 !� ACORD„ CERTIFICATE OF LIABILITY INSURANCE DATE(MMI00/YVVY) 01/06/2015 -41S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 1RTIFICATE 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 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 NAME:O Kibble&Prentice,a US]Co PR PHONE Ems);206 441-6300 arc,rvo: 610.362-8530 601 Union Street,Suite 1000 ADDRESS, pl.certrequest@kpcom.com _ Seattle,WA 98101 IN_SURER(S)AFFORDING COVERAGE NAIC# _ INSURER A:Lloyd's of London 32_727 INSURED INSURER B Shannon &Wilson, Inc. - j _INSURER C: P.O.Box 300303 INSURER D: 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 TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMBS LTR INSR WVD POLICY NUMBER MMIOONYVY)_lMM/DDNYYY GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY PREIdISES Ee oocurrence $ CLAIMS MADE ❑OCCUR MED EXP(Any one person) P$ _ PERSONAL&ACV INJURY !$ _ GENERAL AGGREGATE ;$ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO it POLICY F_]JECT [:] LOG — _ $ _. - — COMSINFD SINGLE LIMIT AUTOMOBILE LIABILITY Ea acciden(I- ANYAUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS - ---- NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per acciderd _ :DED BRELLA LIAR OCCUR EACH OCCURRENCE $ CESS LIAR CLAIMS-MADE AGGREGATE $ - RETENTION$ _ -- S ATU WORKERS COMPENSATION WC Y LIMITS OR- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT OFFICERIMEMBER EXCLUDED? ❑ NIA —_ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ _ If es,describe under LIMIT A Pyrofesslonal & B0146LDUSA150579 7/01/2015 01/01/2016 E.1,000,000L.DISEASE- per claim $ DESCRIPTION OF OPERATIONS below _ _ -- $1,000,000 per claim Contractors $1,000,000 annl aggr. Pollution Liab. __TI I DESCRIPTION OF OPERATIONS r LOCATIONS(VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space is required) Project Name:Mill Creek Rehabilitation S&W Job NO.21.2-61861-001 Description of Work:Wetland/Stream Delineations, Biological Evaluation Location: Kent,WA I CERTIFICATE HOLDER CANCELLATION - SHOULD of Kent: Nancy Yoshitake SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 West Gowe ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 j AUTHORIZED REPRESENTATIVE ©1988-201 D ACORD CORPORATION.All rights reserved. ACORD 25(2D10/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1410856SIM14108507 EZGJU P6309D340343TIL14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT GRANGES THE POLICY. PLEASE READ iT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTSv ENGINEERS AND SURVEYORS) � VE N O RS �q ere �� Y it This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION 1i —WHO IS plies only to such "bodily Injury" or "property AN INSURED: damage"that occurs before the end of the pe- riod 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"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", 2 The following is added to Paragraph 4.a,of SEC- "properly 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 p requiring insurance" applies, The person or rimary, excess, contingent addi- organization does not qualify as an additional on any other basis, that e available to the f you insured with respect to the independent acts tional insured for a loss "w cover. However, if you or omissions of such person or organization, insurance" c e"1ly 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 i this Coverage Part shown in the Declarations other insurance available to the additional In- exceed the limits of liability required by the sured which covers that person or organization as "written:contract requiring insurance", the In- a named insured for such loss, and we will not surance provided to the additional insured share with that "other insurance", But this insur- shall be limited to the limits of liability required ance provided to the additional insured still is ex- by that "written contract requiring insurance". cess over any valid and collectible "other insur- This endorsement shall not increase the limits ance", whether primary, excess, contingent or on of insurance described in Section lit — Limits any other basis, that is available to the additional Ofinsurance, insured when that person or organization is an Of. This insurance does not apply to the render- additional insured under any"other insurance". ing of or failure to render any "professional 3. The following is added to SECTION IV — COM- services" or construction management errors MERCiAL GENERAL LIABILITY CONDITIONS: or omissions. Duties Of An Additional Insured e. This insurance does not apply to "bodily in- As a condition of coverage provided to the addi- jury" or "property damage" caused by "your tional insured: work" and included in the "products- a. The additional insured must give us written completed operations hazard unless the "Occur- "written contract requiring insurance" specifi- notice as soon practicable of e "t in n a rents" or an offense re which may result a tally requires you to provide such coverage claim. To the extent possible, such notice for that additional Insured, and then the insur- should include: ance provided to the additional insured ap- CG D414 04 08 02008 The Travelers Companies,Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. 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 li. 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- ili. The nature and location of any injury or tional insured is primary to that other Ins4- damage arising out of the "occurrence"or ance available to the additional insured vehich offense, covers that person or organization as a named insured. a. If a claim is made or"suit" is brought against 4 The following Is added to the QEE9NITION3 Sec- Must: tion: d. 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 ii, 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 recelve written notice cf 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. After the signing and execution of the contract Lis 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 and of the policy period. d. The additional insured must tender the de- Tense and indemnity of any claim or "suit" to 'I V� I ^� I O� Cmti h� I r� H� D® Obi w� I (. I Page 2 of 2 ©2008,The Travelers Companies,Inc, CG Dg 14 04 08 014524 i COMMERCIAL GENERAL LIABILITY P6309D340343TSL14 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 arises out of an of. (Section A0, Paragraph C (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): once 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 Flip`; N� V b� Or d� � C CG DO 37 04 Ob Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 01{530 #P8109D340343TTL14 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. USINESS 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- rred 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 NKET 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 LOSS F. HIRED AUTO — LIMITED WORLDWID M- SLA KET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS I G. WAIVER OF DEDUCTIBLE—GLASS N. INTENTIONAL ERRORS OROMISSIONS 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 11 — LIABILITY COV- during the policy period,to be named as an add!- ERAGE: tional insured is an "insured" for Liability Cover- Any organization you newly acquire or form dur- age, but only for damages to which this insurance the extent that person ing the 9anizatlon qualifies as an "insured" under policy period over which you maintain applies and only r the 50% or more ownership interest and that is not Who Is An Insured Provision contained In Section separately Insured for Business Auto Coverage. U Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- C. EMPLOYEE HIRED AUTO ganizatioo 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 11 — LI- B. BLANKET ADDITIONAL INSURED ABILrfY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured,of SECTION If—LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement In that "employee's" Any person or organization who Is required under name,with your permission, while performing a written contract or agreement between you and duties related to the conduct of your buss- that person or organization, that Is signed and ness. f CA T3 53 0310 02010 The Travelers Indemnity Company, Page 1 of 4 j Includes copyrighted mateHsl of Insurance Services office,Inc.with Is permrsslon. i COMMERCIALAUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction,for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for h, 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 Bred"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 perrnission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. (1) You must arrange to defend the "in- However, any"auto"that Is leased, hired, sured"against, and investigate or set- rented or borrowed with a driver is not a tle any such claim or"suit"and keep covered"auto". we advised of all proceedings and so-' D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1.,Who Is (11) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any"employee"of yours is an "insured"while us- (0f)We may, at our discretion, participate ing a covered"auto"you don't own, hire or borrow in defending the"insured"against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS --INCREASED "suit". LIMITS (iv)We will reimburse the "Insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION If—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- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para- j 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 A.2.a.(4), (v) We will reimburse the "insured" for of SECTION 11—LIABILITY COVERAGE: the reasonable expenses Incurred (4) All reasonable expanses Incurred by the with our consent for your investlga- "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 (unit d Of Insurance, in Para- ERAGE—INDEMNITYBASIS graph C., Limit urance, of SECTION It — LIAAnsBILITY COVER- The following replaces Subparagraph (5) in Para- AGE,and not in addition to such limit, graph B,7., Policy Period, 'Coverage Territory, Our duty to make such payments of SECTION IV -- BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: pllcable limit of Insurance in pay- ments for damages, settlements or (5) Anywhere In the world, except any country or defense expenses. jurisdiction while any trade sanction, em- 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 02010TheTravelers Indemnity Company. CA T3 53 0310 +- Includes copyrighted material of Insurance Services Office,Inc.with Its permission. •. f i COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following Is added to Paragraph AA., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION tit — PHYSICAL qulred or compulsory insurance in any DAMAGE COVERAGE; country outside the United States, its ter. personal Effects ritorfes and possessions, Puerto Rico and Canada. We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory Insurance in any such coun- (1) Owned by an"insured";and try up to the minimum limits required by (2) In oron your covered"auto", local law, Your failure to comply with compulsory Insurance requirements will This coverage applies only in the event of a total not invalidate the coverage afforded by theft of your covered"auto". this policy,but we will only be liable to the No deductibles apply to this Personal Effects same extent via would have been liable coverage. had you complied with the.compulsory in- K, AIRBAGS su understood that we are not an admit The following is added to Paragraph B.3., Exclu. (dJ If iss requirements. uncl - slons, of SECTION III — 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 Rica and Can- more airbags in a covered"auto"you own that in- furnishing shin assume notes of insurance, for the flate due to a cause other than a cause of"loss" furnishing of certificates of insurance, or for compliance in any way with the laws set forth in Paragraphs A.1.b, and A.1.c., but of other countries relating to insurance. only: G. WAIVER OF DEDUCTIBLE—GIASS a. If that "auto"is a covered "auto"for Compre- hensive Coverage under this policy; The following Is added to Paragraph D., Deducti- ble, of SECTION 111 — PHYSICAL DAMAGE b. The airbags are not covered under any war- COVERAGE; ranty;and No deductible for a covered "auto" will apply to c. The airbags were not intentionally Inflated. glass damage If the glass is repaired rather than We will pay up to a maximum of$1,000 for any replaced. one"loss". H. HIRED AUTO PHYSICAL DAMAGE-LOSS OF L. NOTICE,AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a-, of graph AA.b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS: TION Its—PHYSICAL DAMAGE COVERAGE: Your duty to give us or,our authorized represents- However, the most we will pay for any expenses tfve prompt notice of the "accident" or"loss" ap- for loss of use is $66 per day, to a maximum of piles only when the"accident" 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 liability oom- graph AA.a., Transportation Expenses, of pany); SECTION It] — PHYSICAL DAMAGE COVER-AGE; (d) An executive officer, director or insurance manager(if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganizatfon);or $1,500 for temporary transportation expense in- {e) Any"empldyee"authodzed by you to give no- curred by you because of the total theft of a cov- Ace of the"accident"or"loss". ered "auto"of the private passenger type, CA T3 53 03 10 02010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance services Office,Inc,vdth its permission. I COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The'following replaces Paragraph AX., 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- s. 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 ornisslon of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident" ever this provision does not affect our right to col- or"loss", provided that the"accident"or"loss" fact addillonal premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. I I i I I i I 1 1 Page 4 of 4 0 ZOto The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insurance services Wee,Inc.with Its permission,