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HomeMy WebLinkAboutPW16-430 - Original - Herrera Environmental Consultants, Inc. - NPDES Training - Contract - 12/12/2016 i r i Records Mary K�NT WAS Document HINGiON 4 E IL'14' 7 7c. Ft t2 11aP 'Se f 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: Herrera Environmental Consultants, Inc. Vendor Number: JD Edwards Number Contract Number: FV lu-Hho This is assigned by City Clerk's Office Project Name: NPDES Training Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 12/12/16 Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: L. Haren Department: Public Works Contract Amount: $7 969.00 ---- Approval Authority: (CIRCLE ONE) epartment Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide two training sessions to assist with NPDES compliance. As of: 09/27/14 10EAT f CONSULTANT SERVICES AGREEMENT between the City of (Cent and Herrera Environmental Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Herrera Environmental Consultants, Inc. organized under the laws of the State of WA, located and doing business at 2200 Sixth Avenue, Suite 1100, Seattle, WA 98121, Phone: (206) 787-8261, Contact: Rebecca Dugopolski, P.E. (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: i The Consultant shall provide two training sessions to assist with NPDES Phase II Municipal Stormwater Permit compliance. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seven Thousand, Nine Hundred Sixty Nine Dollars ($7,969.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. . The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages, arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. ). City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CIT �O KENT: r , By: CLA4 - 9n.QALC1 Bye% 6/. €rr (signature) naf re) Print Name: Carol Sfakal cfHJ b' Print Name: Timothy J. LaPorte, P.E. Its: CFO Its: Pu9c Works Director (title) DATE: PZ/11 I (n DATE: e� 12' ✓t NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: I Rebecca Dugopolski. P.E. Timothy J. LaPorte, P.E. Herrera Environmental Consultants, Inc. City of Kent 2200 Sixth Avenue, Suite 1100 220 Fourth Avenue South Seattle, WA 98121 Kent, WA 98032 (206) 787-8261 (telephone) (253) 856-SS00 (telephone) N/A (facsimile) Z53 S56 6500 facsimile i I I CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) DECLARATION CITY OF (CENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: I 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: �iQ� AA Iva LtAgAk 11 For: �nnenn 81VIA ��u� Title: Date: I zn EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. L Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF (CENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 u 'X-:3`- ey's#ems si ¢a*�'- '° �+.- 4 S 'r k vY a , ,5'..- �a, . r ter, w ttu -Kr t a s'§ wak„r`if,ra: � �`�..``�r � ,.. v� �'„i".";x e ��; ��ie-,�.37 iS 1 t vst �js zip ! � t ��rt'sip num y t irs i`�y.� a �h Ai t . �'IRRERA i December 2,2Q16 Laura Ha`en �nViroitmental Conservation Analyst a f City of Kent:-Public Wo.rks 220,Fourth Avenue south Kent,WA 9A032 SuWect: National pollutant b scharge iaintinations System(NPpSS) Phase H Permit Compliance Training Herrera P oJeci Np.16. 06472 000 pear tau.ra; In an effort to assist the. City of Kent with its NPD8 Phase Q Municipal Storri water Permit compliance, Herrera proposes to conduct the following two training sessions;. s Session 1—Hydrolog(c Modeling With WWNM + Sesslot 2 Low Irrrpact peYelopment bperatrorss and Maintenance{I}DO M Session 1 is scheduied to occur on December 12,2016 and is anticipated to be a full day {approximately S hour)training Session 2 will be scheduled in 2p�7 and is'anticipated fir be a half day(approximately 4 hour}training Additional assumptions factored into the cost of the . . teainings Include a shaft amount of time fpr training preparation;coordination with the City pfoJect manager travel time to and from our S.eattie office, and sgtup and takedown time. The budget for both training sessions is$7,969. if you cohcur with this proposal and are ready to move ahead with authorizitg us to proceed, . please have the responsible City official sign this letter(see reverse side)and return the:s.igned ietterid, me via email to.serve as the.City's epproval and notice to proceed, Alternatively;please let Rebecca Dugopolsld know If you prefer to set this up as a purchase tirdgr 6ccording#o, .. standard City of Keht format or In soma other format Please let Rebecca know if you have.any questions be comments regarding this proposal, We. . look forward to working with the City of Kent to provide this training for ygUr staff, MU SixUffi Avenue I suite 1100 1 Seattie,Washington I Baa21 I p 206 4419080 1 f 206 4419100 �j - PORTLANO,OR I MISSOULA,MT I OLYMPIN,WA 19ELUNGNAM,WA y i Laura Haren December 2, 7916 Page 2 The parties have executed this Agreement on the date written below, . HERRERA ENVIRONMENTAL CONSULTANTS!INC.: ay:Theresa M.Wood,Vice President Date CITY OF KENT y; Date kent_npdes training.docK cc Rebecca Dugopolsk , 1b OM72 Q0pp roject fila„ EXHIBIT INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance I The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. f EXHIBIT (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Client#: 12725 HERRENVI ACORD., CERTIFICATE OF LIABILITY INSURANCE DATE 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS �.. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the pollcy(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 ° TAOT Elizabeth Olson NAME: _ Propel Insurance a"rc°No Exl: 300 499.0933 uc No 866 577 1326 Tacoma Commercial Insurance E-oAlE.., elizabeth.olson@propelinsurance.com 1201 Pacific Ave,Suite 1000 INSURERIS)AFFORDING COVERAGE NAIC# Tacoma,WA 98402 INSURER AI Ironshore Specialty Insurance 25445 '.. INSURED INSURER B I SAIF Corporation 36195 Herrera Environmental INSURER c:Ohio Security Insurance Company 24082 Consultants Inc INSURER 0: _ 2200 6th Avenue#1100 INSURER E Seattle,WA 98121 INSURERF: '.. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ' LT TYPE OFINSURANCE ASH SUBOR pOLICV NUMBER MMIODVIYYYY MMI00�V1'YY LIMITS A X COMMERCIALGENERALLIABILITY X D00$26907 11112412016111241201 EACH OCCURRENCE $1000000 CLAIMS-MADE �OCCUR PREMISES EJsaairtrenca $1,000,000 MF.D EXP An one arson $25 OOO PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE $2000000 PRO.POLICY JECT LOC PRODUCTS-COMP/OPAGO $2 OOO,OOO OTHER: $ C AUTOMDSILELIABIUTV 8AS1656989902 11/24)201611124/201 E°D'IiEDISINGLELIMIT 1000000 X ANY AUTO UOUILY INJURY(Per person) $ ALL OWNED SCHEDULED HOOKY INJURY(Per.xhlenl) $ AUTOSAUT X HIRED AUTOS X NONOWNED 09 PROPER DAMAGE $ AUTOS Pera Me t $ /{ UMBRELLA ALAS ggCUR 000627007 11/247201611/24/207 EACH OCCURRENCE $4,000,000 X E%CE8' LIAB X CLAIM&MADE Incl.P.&Poll AGGREGATE __ s4,000,000 bEG RETENTION $ B WORKERS COMPENSATION 857188 OR 11/24/2016 1112412017 X PATATITF ER ERR- AND EM�PPppLppOYET'rRS'LIABILITY A OFFICEWIdEM62BIRITTDE EXECUTIVE— NIA 000826907 WA STG E.L.EACH ACCIDENT $1000000 ',......... (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE.'$1,000,000 go,dascdbe under F.L.DISEASE-POLICYLIMIT j$1,000,000 UESCRIPTION OF OPERATONS below A Professional& 000826907 11/24/2016 11/2412017 $1,000,000 Occurrence Pollution $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES(ACORD 101,Addltlonal Remarks S.hedule,may be attached K more spec.Is required) RE:Herrera Project No.16.06472.000 Project Name: City of Kent NPDES Phase II Permit Training . City of Kent is Additional Insured per the attached Forms Wor Endorsements. CERTIFICATE HOLDER CANCELLATION city of Kent Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988.2014 ACORD CORPORATION,All rights reserved. ', ACORD 25 12 014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2512168/M2508982 FAROO This page has been left blank intentionally, i i I i j 000826907 .1.f���NSHORE; � posafcWow Wording from EPIC for Additional Insured and Waiver of Subrogation Found on page 26, 34 and 36 of form SECTION II—WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An Individual, you and your spouse are Insureds, but only with respect to the conduct of a business of which you are the sole owner, b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also Insureds,but only with respect to the conduct of your business. c. A limited liability company, you are an Insured. Your members are also Insureds, but only with respect to the conduct of your business. Your managers are Insureds, but only with respect to their duties as your managers, d. An organization other than a partnership,Joint venture or limited liability company, you are an insured. Your executive officers and directors are Insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust,you are an Insured.Your trustees are also insureds, but only with respect to their duties as trustees. 2. Any subsidiary, associated, affiliated, allied or limited liability company or corporation, Including subsidiaries thereof,of which you have more than 50%ownership interest at the effective date of the policy period qualify as a Named Insured, 3, Any organization you newly acquire orform,other than a partnership,joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured If there Is no other similar Insurance available to that organization.However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organizatlon or the end of the policy period,whichever is earlier; b, Coverage under this policy does not apply to bodily Injury, property damage or environmental damage that occurred before you acquired or formed the organization; c. Coverage under this policy does not apply to personal and advertising Injury arising out of an offense committed before you acquired or formed the organization;and d. Coverage under this policy does not apply to damages arising out of any act,error or omission or professional incident that took place before you acquired or formed the organization. R. Each of the following is also an insured: a. Your volunteer workers only while performing duties related to the conduct of your business,or your employees, other than either your executive officers(If you are an organization other than a partnership,joint venture or limited liability company) or your managers (If you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.However,none of these employees or volunteer workers are Insureds for: (1) Bodily Injury or personal and advertising injury: '... (a) To you, to your partners or members (if you are a partnership or joint venture) or to your members(if you are a limited liability company); i (b) For which there is any obligation to share damages with or repay someone else who most pay damages because of the Injury described In Paragraphs(1)(a)above;or (c) Arising out of the providing or failure to provide professional health care services except '... incidental health care services provided by any physician, dentist, nurse, emergency medical technician or paramedic who Is employed by you to provide such services and provided you are not engaged in the business of providing such services. (2) Property damage or environmental damage to property owned, occupied or used by, rented to,in the care,custody or control of,or over which physical control is being exercised for any purpose by you, any of your employees,volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (If you are a limited liability company), b. Any person (other than your employee), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you dle,but only with respect to liability arising out of the maintenance or use of that property and until your legal representative has been appointed. d. Your legal representative If you dle, but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization you agree to Include as an insured In a written contract, written agreement or permit, but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of your operations,your work,equipment or premises leased or rented by you,or your products which are distributed or sold in the regular course of a vendor's business,however: (1) A vendor Is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) For which the vendor Is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (b) Arising out of any express warranty unauthorized by you; (c) Arising out of any physical or chemical change In the product made Intentionally by the vendor; (d) Arising out of repackaging, except when unpacked solely for the purpose of Inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container,, (e) Arising out of any failure to make Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; (f) Arising out of demonstration, installation servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product;or i (g) Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container,part or Ingredient of any other thing or substance by or for the vendor, a. A manager or lessor of premises,a lessor of leased equipment, or a mortgagee,assignee,or receiver is not an Insured as respects bodily Injury, property damage, environmental damage or personal and advertising injury: a. Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant;or b. Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee,or receiver. a. Any person or organization that has at least a 50Y. controlling Interest in you but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of their financial control of you. Page 34 4. otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under this policy, our obligations are limited as follows: a. a. Primary Insurance This Insurance Is primary except when Paragraph b, below applies, if this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then,we will share with all that other insurance by the method described in Paragraph c. below. However, regardless of whether b, below applies, In the event that a written contract or agreement or permit requires this Insurance to be primary for any person or organization you agreed to insure and such person or organization is an insured under this policy, we will not seek contributions from any such other insurance issued to such person or organization Page 36 5. Transfer Of Rights Of Recovery Against Others To Us If the Insured has rights to recover all or part of any payment we have made under this policy,those rights are transferred to us.At our request, the Insured will bring suit or transfer those rights to us and help us enforce them.However, if the Insured has waived rights of recovery against any person or organization prior to a loss,we waive any right of recovery we may have under this policy against such person or organization, Policy BAS1656989902 COMM CA 8810 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifles Insurance provided under the following; BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 21 BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (Including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE—BROADENED COVERAGE 10 GLASS REPAIR—WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(Including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN/LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II—LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION 11—LIABILITY COVERAGE, paragraph A.I.—WHO IS AN INSURED Is amended to Include the following as an Insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured' does not include any organization that: (1) Is a partnership or joint venture;or (2) Is an insured under any other automobile policy;or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically In excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there Is similar insurance or a self-insured retention plan available to that organization; ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Offlce,with Its permission. Page 1 of 7 (2) If the Limits of Insurance of any other Insurance policy have been exhausted; or (3) To "bodily Injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II—LIABILITY COVERAGE, paragraph A.1.—WHO IS AN INSURED Is amended to include the following as an insured: f. Any"employee"of yours while using a covered"auto"you do not own, hire or borrow but only for acts Within the scope of their employment by you. Insurance provided by this endorsement Is excess over any other Insurance available to any"employee". g. An "employee" of yours while operating an "auto' hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement Is excess over any other Insurance available to the"employee". 3. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II--LIABILITY COVERAGE, paragraph A.I.—WHO IS AN INSURED Is amended to Include the following as an Insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto', provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you,by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an"insured However, such person or organization is an"Insured": (1) Only with respect to the operation, maintenance or use of a covered"auto"; (2) Only for"bodily Injury"or"property damage" caused by an "accident"which takes place after you executed the written contract or agreement, or the permit has been issued to you;and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II —LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2)and (4)are replaced by the following: (2) Up to$3,000 for cost of bail bonds (Including bonds for related traffic violations) required because of an"accident'we cover. We do not have to furnish these bonds. (4) All reasonable expenses Incurred by the Insured at our request, Including actual loss of earnings up to$500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the fallowing provision is added: SECTION II—LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply If the"bodily injury"results from the use of a covered "auto'you own or hire. SECTION III—PHYSICAL DAMAGE COVERAGE Is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any"auto'you own, then the Physical Damage coverages provided are extended to"autos", a. You hire, rent or borrow;or 02010 Liberty Mutual Insurance Company, All rights reserved. CA 88 10 0110 Includes copyrighted material of Insurance services office,with its permission. Page 2 of 7 i i i b. Your "employee" hires or rents under a written contract or agreement in that"employee's" name, but only if the damage occurs while the vehicle is being used In the conduct of your business, subject to the following limit and deductible: A, The most we will pay for"loss"in any one"accident"or"loss"Is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the"loss";or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described In this provision, we will provide coverage equal to the broadest coverage applicable to any covered"auto"you own. D. Subject to a maximum of$750 per "accident", we will also cover the actual loss of use of the hired "auto" If It results from an "accident", you are legally llable and the lessor Incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any"auto"that is hired, rented or borrowed with a driver;or (2) Any"auto"that is hired, rented or borrowed from your"employee". For the purposes of this provision, SECTION V—DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III— PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type,"light truck"or"medium truck"Is disabled: a. For private passenger type vehicles, we will pay up to$50 per disablement. b. For"light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight(GVW)of 10,000 pounds or less. c. For"medium trucks",we will pay up to $150 per disablement. "Medium trucks"are trucks that have a gross vehicle weight(GVW)of 10,001 —20,000 pounds. However,the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE.ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a., Coverage Extension of SECTION III—PHYSICAL DAMAGE COVERAGE, Is amended to provide a limit of$50 per day and a maximum limit of$1,500 ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of insurance Services Cfflce,with Its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III—PHYSICAL DAMAGE COVERAGE,A, COVERAGE, is amended by adding the following: a. We will pay up to$75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the"accident"or"loss"to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle,which In many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered"auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If"loss" results from the total theft of a covered"auto"of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which Is not already provided under Paragraph 4.Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects"as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III—PHYSICAL DAMAGE COVERAGE, A. COVERAGE,we will pay for the expense of returning a stolen covered "auto"to you. The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an"auto"you own and that"auto" is stolen,we will pay, without application of a deductible, up to$600 for"personal effects"stolen with the"auto." The Insurance provided under this provision is excess over any other collectible Insurance. B. SECTION V—DEFINITIONS is amended by adding the following: For the purposes of this provision,"personal effects"mean tangible property that is worn or carried by an Insured." "Personal effects"does not include tools, equipment,jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III—PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS Is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. Is deleted and replaced with the following: ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services office,with its permission. Page 4 of 7 Exclusion 4.c.and 4A, do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently Installed In the covered"auto"at the time of the"loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered"auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN 1 LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you In any one "accident"Is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered"auto"is subject at the time of the"loss"less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the"loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f, The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered"auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered"auto", i. Any amount representing taxes, J. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the"loss" An adjustment for depreciation and physical condition will be made In determining the actual cash value at the time of the"loss". This adjustment Is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that Incurred the loss serves as collateral, or lease written on the covered"auto"that incurred the loss. C. SECTION V—DEFINTIONS Is changed by adding the following: As used In this endorsement provision, the following definitions apply: "Total loss" means a "loss" In which the cost of repairs plus the salvage value exceeds the actual cash value. A"balloon loan" Is one with periodic payments that are Insufficient to repay the balance over the term of the loan,thereby requiring a large final payment. @2010 Liberty Mutual Insurance Company.All rights reserved. Page 5 of 7 CABS 10 01 10 Includes copyrighted material of Insurance Services office,with Its permission. g i 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE Is amended by the addition of the following: No deductible applies to glass damage If the glass Is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the"auto"is designed to carry while it Is: a. In the charge of an "Insured"; b. Legally parked;and c. Unoccupied. The"loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown In the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV—BUSINESS AUTO CONDITIONS Is amended as follows; 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2.Is amended by adding the following: If you unintentionally fall to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM,SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of"accident",claim, "sult"or"loss", you must promptly notify us when It Is known to: 1. You, if you are an individual; 2. A partner, If you are a partnership; 3. Member, If you are a limited Iiabllity company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How,when and where the"accident"or"loss'took place; (2) The"insureds"name and address; and (3) The names and addresses of any Injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV—BUSINESS AUTO CONDITIONS, paragraph A.5.,Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident"or "lass",our rights are waived also. ©2010 Liberty Mutual Insurance Company.All rights reserved. Page 6 of 7 CA 88 10 0110 Includes copyrighted material of Insurance Services Office,with Its permission. g 20. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.T, Policy Period, Coverage Territory, Is amended by the addition of the following: f. For"autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, In the United States, the territories and possessions of the United States of America, Puerto Rlco or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V—DEFINITIONS Is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V—DEFINITIONS, definition C. Is replaced by the following: "Bodily Injury" means physical Injury, sickness or disease sustained by a person, Including mental anguish, mental injury,shock,fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS,paragraph A.—CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. 02010 Liberty Mutual Insurance Company.All rights reserved. '.. Page 7 of 7 CA 88 10 01 10 Includes copyrighted material of insurance Services office,with Its permission. I i