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HomeMy WebLinkAboutPW15-290 - Amendment - #1 - Pace Engineers, Inc. - James Street Pump Station - 05/20/2016 40 r d M a +r KEN T / , oCll1n WXSM 1 M CrTd AY { CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be comipleted. If you have questions, please contact City Clerk's Office. Vendor Name: PACE Engineers, Inc. Vendor Number: JD Edwards Number Contract Number: 6 - 110 ,- 0 . This is assigned by City Clerk's Office Project Name: James St, Pump Station Description: E Interiocal Agreement ❑ Change Order ® Amendment ❑ Contract Other: Contract Effective ®ate: 5/ 0116 Termination Bate: 6/30/16 Contract Renewal Notice (Guys): Dumber of days required notice for termination or renewal or amendment Contract Manager: lien Lan holz department: En ineerin Contract Amount: $6 400.00 Approval Authority: (CIRCLE ONE) epartment Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide additional design services for the project. .__.._.._ _w... . _ _. ._... d CI Ty OF KENT I"i"Y CLERK As of: 08/27/14 • KENT W A y H I N O T O N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: PACE Engineers, Inc. CONTRACT NAME & PROJECT NUMBER: James Street Pump Station ORIGINAL AGREEMENT DATE: August 12, 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: Provde additional design services for the project. 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, $27,532.50 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $27,532.50 including all previous amendments Current Amendment Sum $6,400.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $33,932.50 AMENDMENT - 1 OF 2 ........m....... _..... .. -- _... _.._.._._ Original Time for Completion 6/1/16 ('insert date) Revised Time for Completion under n/a prior Amendments (insert date) --------- ...... Add'I Days P�equired (±) for this � 29 calendar days Amendment Revised Time for Completion 6/30/16 (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 coinsistent 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: 7CMY,_�FKENT: By: ,+' , B (signature) signature) Print Name itr* r rl e i/ . print dame: Timothv J. LaPorte P E Its /i _. /)z Its Public Works Director (title) A le) DATE: DATE: APPROVED AS TO FORM (applicable if Mayor's signature required) Kent Law Department PACE-]Jmies p5 A Amd 3/1anghOz AMENDMENT - 2 OF 2 EXHIBIT A Engineers I Planners I Surveyors An F.npineartrtp 3aMoaa Company March 9, 2016 Mr.Ken Langholz, Design Manager City of Kent Department of Public Works 400 West Gowe St. Kent,WA 98032 Subject. lames Street Pump Station-Request forAdditional Design Dollars(Revised) Dear Mr, Langholz: I am sending you this revised proposal for additional services for the James Street Pump station based on my conversations with Kelly Casteel and Eric Connor with the City. It is our understanding that yesterday was the last day of employment for Kelly and that you would be taking over the management of this project including the processing of this design change order request. I also understand from discussions with Eric, that the City would like to remove the construction services support from our February 24, 2016 proposal and submit that as a separate request.As such I am sending you this revised proposal for additional design services. Scope of Work and Budget This request for additional services is intended to cover changes requested by Economic & Community Development on January 29, 2016, Addendum No. 1 modifications requested on February 19, 2016, numerous Q&A from Engineering Department during project bid period, and unforeseen additional architecture and engineering design details to facilitate the design of the three proposed structures as required by the Conditional Use Permit. A brief summary of the major changes are as follows: 1. Address revisions to plans as requested by Mr. Joel Cooley. Delivering submittal set including 5 complete plan sets, 5 site plans, 3 resubmittal forms, and a letter of response for how we addressed each issue. Engineer:8 hrs,$1,352 CADD:4 hrs,$428 Total:$1,780 2. Modify bid set plans to reflect changes as outlined in Addendum No. 1 Engineer: 1 hr, $169 CADD: 1.5 hrs,$160 Total;$329 3. Assisting engineering department during the bidding process. Engineer: 3 hrs,$507 Total:$507 4. The completion of the design of the 3 structures In accordance with the Conditional Use Permit and Planning Department beyond was.in the original scope of work. Engineer: 5 hr,$845 Total:$845 PACE TOTAL $3,461 PACE Engineers,Inc. 11255 Kirkland Way I Suite 300 Kirkland,Washington 98033-6715 p 425.827.2014 1 r 425.827.5043 www,paceengrs.com EXHIBIT A March 9, 2016 Mr. Langholz i City of Kent Page 2 of 2 www.paceengrs.com Page and Beard Architects Fee: 1. Provide additional metal flashing and siding details to coordinate with the decorative grilles and operable screens. Project Architect:2.5hrs,$145 Total$362 Project Designer:4 hrs, $125 Total$500 2. Adjust the brick walls from 6"wide brick to 8"wide brick cantilevered walls. Coordinate architectural details with structural. Adjust foundation slab size and steel column spacing to accommodate brick module. Project Architect:1.5hrs,$145 Total$217 Project Designer:6 hrs, $125 Total $750 3. Adjust wall framing members, metal siding and flashing details to accommodate brick wall thickness. Project Architect:2.0 hrs,$145 Total $290 Project Designer:3.5 hrs, $125 Total $437 Total Sub Consultant $2,556 PACE Mark-Up $383 TOTAL Change Order Request $6,400 Thank you for your consideration of this request. If you have any questions or need any additional information please do not hesitate to give me a call at(425)827-2014. Sincerely, PACE ENGINEERS, INC. ! Ken Nilsen, PE Vice President PAP12112375.00 City of Kent James Street PWROPOSAL James Street CO 3-9-16.doc CIPAIC�;E .a®c,.•+rno sue.�+oNr CERTIFICATE OF LIABILITY INSURANCE 91215rDD1YYYY) � ,DATE6 /2015 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 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 CONAME:NTACT Michael J Hall&Company PHONE Fvc No Hall&Company E-MAIL(A/C.No.Exti,360-59FI-3700D 1966010th Ave NE ESS Poulsbo WA 98370 INSURERS AFFORDING COVERAGE NAIC# INSURER A INSURED 42 INSURER B PACE Engineers Inc C.The Charter Oak Fire Insurance Como 25615 11255 Kirkland Way INSURER D.-The Travelers Indemnity Suite 300 Kirkland WA 98033 INSURER E: \ INSURER F: COVERAGES CERTIFICATE NUMBER:391200384 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. ILTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMroCY EFF MMMILDD YY LIMITS B GENERAL LU4131LITY Y Y 6807B937695 /27/2015 112712016 EACH OCCURRENCE $2,000,000 x COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $300,000 CLAIMS-MADE OCCUR MED EXP(Any oneperson) $5.000 x XCU/OCP/BFPD PERSONAL&ADV INJURY $2,000 000 x Cross Liability GENERAL AGGREGATE $4,000 000 i It AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000 000 POLICY X PRO-CT JE LOG $ C AUTOMOBILE LIABILITY Y Y BA713941924 7/2015 127/2016 COM EaBIWffaccident)1 L MI $(000 000 ANYAUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accid $ AUTOS AUTOS ent) HIREOAUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ D X UMBRELLA LIAR X OCCUR ly CUP7B960268 /27/2015 /27/2016 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3.000,000 DED X RETENTION$10.000 $ B WORKERS COMPENSATION 68078937695 127/2015 /27/2016 wC STATU- X OTH- WA Stop Gap AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE F-� NIA E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? (MandatoryinNH) E.L.DISEASE-EA EMPLOYEE $1,000,000 11yyees,describe under DESCRIPTIONOF OPERATIONS beloiv E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Llab Claims Made DPL42315 /27/2015 r7/20161$2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) The City of Kent is an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured.The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance.A waiver of subrogation applies to the Commercial General Liability,Auto Liability,Umbrella/Excess Liability and Workers Compensation/Employers Liability in favor of the Additional Insured. 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. 400 West Gowe Kent WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Policy No. 6807B937695 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ'IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to.WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree In a B. The following is added to Paragraph a. of 4. "contract or agreement requiring Insurance to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS(Section IV): Part, but only with respect to liability for"bodily In However, if you specifically agree in a"contract or jury", "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or orris- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis,this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which' covers such addl- b. In connection with premises owned by or tional Insured as a named insured, apd we will not rented to you;or share with the other insurance, provided that: c. In connection with your work and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs;and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional Insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability In a con- ante still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional Insured on any other basis,that is available to the insured T limited as follows: when the insured is an additional insured under is any other insurance. d. This insurance does not apply on any basis to any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV)' e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of"your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that"contract or agreement requir- a"contract or agreement requiring insurance"with ing Insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the"contract or agreement requiring insur- less. This endorsement does not increase the ante" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the"bodily CG D3 8109 07 ©2007 The Travelers companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERICAL GENERAL LIABILITY injury" or"property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury"is caused by an offense committed; (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is d&which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 ©2007 The Travelers companies,Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission. i Policy No. UP713960268 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY(UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT a. "Bodily injury"or"property damage"caused by an TO RECOVER FROM OTHERS., of SECTION IV — "occurrence"that takes place; or CONDITIONS.: b. "Personal injury"or "advertising injury" caused by If the insured has agreed in a contract or agreement an"offense"that is.committed; to waive that insured's right of recovery against any subsequent to the execution of the contract or agree- person or organization, we waive our right of recovery ment. against such person or organization, but only for payments we make because of: UM 04 88 07 08 ®2008 The Travelers Companies,Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. Policy No BA7B941924 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS 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 hovered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE:GLASS D. SUPPLEMENTARY PAYMENTS -- INCREASED J. PERSONAL.EFFECTS LIMITS K. -AIRBAGS E. TRAILERS--INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMiT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of. The following is added to Paragraph A.7.,Who Is your business. An Insured, of SECTION 11 — LIABILITY COV- 2. The following replaces Paragraph b. in S.S., ERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age,the following are deemed to be cov- executed by you before the "bodily Injury" or ered"autos"you own: "property damage" occurs and that is in effect (f) Any covered "auto" you lease, hire, during the policy period,to be named as an addi- rent or borrow;and t€orial insured is an•"Insured";for Liability Cover- age, but only for damages to.which.this insurance (2) Any covered"auto"hired or rented by appiles'and only to the ektent•the' person or or- your"employee" under a contract in ganization qualifies as an '"Insured" under the that individual "employee's" name, VVho ls,An Insured provision contained In Section with your permission, while perform- [I. ing duties related to the conduct of B. EMPLOYEE HIRED AUTO your business. " 4. The following is added to Paragraph A.9., However, anyauto"that is leased, hired, rented or borrowed with a driver is not a Who Is An Insured, of SECTION 11 -- LI- covered"auto". ABILITY COVERAGE: C. EMPLOYEES AS INSURED An"employee"of yours is an "insured" while operating a covered "auto" hired or rented The following is added to Paragraph A.1.,Who is under a contract or agreement in that "em- An Insured, of SECTION 11 — LIABILITY COV- pioyee's" name, with your permission, while RAGE: CA T4 20 07 10 ©2010 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 � Includes copyrighted material of Insurance services Office,inc.with Its permission. ; COMMERCIAL AUTO r Any"employee"of yours is an"Insured"while us- (3) If a repair or replacement results in better Ing a covered"auto"you don't own, hire or borrow than like kind or quality,we will not pay for the In your business or your personal affairs. amount of betterment. D. SUPPLEMENTARY PAYMENTS —INCREASED (4) A deductible equal to the highest Physical LIMITS Damage deductible applicable to any owned 1. The following replaces Paragraph A.2.a.(2)of covered"auto". SECTION II—LIABILITY COVERAGE: (5) This Coverage Extension does not apply to: (2) Up to $3,000 for cost of ball bonds (in- (a) Any "auto" that is hired, rented or bor- cluding bonds for related traffic law viola- rowed with a driver, or tions) required because of an "accident" (b) Any "auto" that Is hired, rented or bor- we cover. We do not have to furnish rowed from your"employee". j!. these bonds. 2. The following replaces Paragraph A.2.a.(4)of G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES--INCREASED LIMIT SECTION 111—LIABILITY COVERAGE: (4) All reasonable expenses incurred by the The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of "insured" s our request, including actual be- SECTION III -- PHYSICAL DAMAGE COVER- loss of earnings up to $500 a day AGE: cause of time off from work. E. TRAILERS—INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense In- The following replaces Paragraph C.I. of SEC- curred by you because of the total theft of a cov- TION I—COVERED AUTOS: ered"auto"of the private passenger type. 1. "Trailers" with a load capacity of 3,000 H. AUDIO, VISUAL AND DATA ELECTRONIC pounds or less designed primarily for travel EQUIPMENT—INCREASED LIMIT on public roads. Paragraph C.2.. Limit Of Insurance, of SEC- F. ) IRED AUTO PHYSICAL DAMAGE TION III —PHYSICAL DAMAGE COVERAGE is The following is added to Paragraph AA, Cover- deleted. age;Extensions, of SECTION 111 — PHYSICAL 1. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D.,Deducti- 141red Auto Physical Damage.Coverage ble, of SECTION Ili — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Liability COVERAGE: Coverage but not covered "autos' for Physical No deductible for a covered "auto" will apply to Damage Coverage, and this policy also provides glass damage if the glass is repaired rather than Physical Damage Coverage for an owned "auto", replaced. then the Physical Damage Coverage is extended J. PERSONAL EFFECTS to "autos"that you hire, rent or borrow subject to The following is added to Paragraph A.4.,Cover- the following: g (1) The most we will pay for "loss" in any one age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: "accident" to a hired, rented or borrowed persona[Effects Coverage "auto"is the lesser of: g (a) $50,000; We will pay up to$400 for"loss" to wearing ap- (b) The actual cash value of the damaged or parel and other personal effects which are: stolen property as of the time of the (1) Owned by an"insured";and "loss";or (2) In or on your covered"auto". j (c) The cost of repairing-or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto", property of like kind and quality. No deductibles apply to Personal Effects cover- (2) An adjustment for depreciation and physical age, condition will be made'in determining actual .•cash value in the event of a-total"loss". Page 2 of 3 02010 The Travelers Indemnity Company.All rights reserved. CA T4 20 0710 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO r 1 K. AIRBAGS (2) Any: ' ` The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION iII -- PHYSICAL DAMAGE time of the"loss`; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a.does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags In a covered"auto"you own that in- and tear or high mileage; Hate due to a cause other than a cause of"loss" (c) Security deposits not returned by the les- set forth In Paragraphs A.1.b. and A.1.c., but sor; only: a. If that"auto" is a covered"auto"for Compre- (d} Costs far extended warranties,Credit Life Insurance, Health, Accident or Disability hensive Coverage under this policy; insurance purchased with the loan or 160I„O'. b. The airbags are not covered under any war- lease;and ranty;and (e) Carry-over balances from previous loans c. The airbags were not intentionally inflated. or leases. We will pay up to a maximum,of$1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". The following replaces Paragraph A.5., Transfer L. AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us, The following is added to Paragraph AA., Cover- of SECTION iV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TiONS: DAMAGE COVERAGE: 5. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles We waive any right of recovery we may have In the event of a Total"loss"io a covered"auto"of against any person or organization to the ex- the private passenger type shown in the Schedule tent prior required of you by a written contract pro- or or Declarations for which Physical Damage Cov- cited prio any "accident" or "loss", ro erage is provided,we will pay any unpaid amount vided that thea"accident"or"loss"arises out of due on the lease or loan for such covered"auto" the operations contemplated by such con- less the following: tract.The waiver applies only to the person or (1) The amount paid under the Physical Damage organization designated in such contract. Coverage Section of the policy for that"auto'; and CA T4 20 0710 ®201 D The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services offlce,Inc.with Its permission.