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PW17-103 - Change Order - #1 - TITAN Earthwork, LLC - 80th Ave S Pavement Rehabilitation Project No. 15-3001 - 11/13/2017
N- - ;;6 Document w,s�, �roH CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-556-5725. Vendor Name: Titan Earthwork, LLC. Vendor Number: ]D Edwards Number Contract Number: PW 17-103-002 This is assigned by City Clerk's Office Project Name: Chance Order No. 1 - 801h Ave S Pavement Rehabilitation Description: ❑ Interlocal Agreement ® Change Order ❑ Amendment ❑ Contract ❑ Other: Contract Effective Date: 11 13/17 Termination Date: 50 workinq days Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Stephanie Anderson Department: Public Works Contract Amount: t7A.147,91 Approval Authority: ❑ Director ® Mayor ❑ City Council Meeting Date Detail: (i.e. address, location, parcel number, tax id, etc.): CHANGE ORDER NO. # 1 NAME OF CONTRACTOR: Titan Earthwork, LLC. ("Contractor") CONTRACT NAME & PROJECT NUMBER: 80'' Avenue South Pavement Rehabilitation ORIGINAL CONTRACT DATE: February 24, 2017 This Change Order amends the above-referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract 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, Contractor shall provide all labor, materials, and equipment necessary to: This Change makes the following revisions to the Contract Documents: Contract Drawing Sheets 15 and 16 show full side street closures, and has a note that says the side streets and driveways shall be constructed in such a manner to allow access to the businesses at all times. The note also states side streets are to be constructed prior to or concurrent with the mainline. This change takes away the contractor's ability to close a side street completely, and requires the contractor to complete the pours on main line 80th Avenue South prior to starting pours on the side streets. The City and Contractor reviewed SB to WB truck turning movements in the field, and observed them needing much more roadway area than would be available with concurrent construction side street and mainline 80th construction. As we needed to maintain truck access to the businesses, the City added the requirement of completing mainline 80th Ave prior to starting the side streets. This allowed turning trucks to use the full width of 80th Avenue South to set up for their turns onto the side streets. The change to the work sequence resulted in 1 additional mob for concrete work, and some loss in production associated with that for the concrete sub. This also added 1 additional mob for the pavement grinder, and production impacts to the grading and base preparation for the general contractor. The addition of 1 pour will add 4 days (1/2 day form set up, 3 day cure, 1/2 day form strip), the additional grinding will add 2 days, and the additional base prep will add 1 day. CHANGE ORDER - 1 OF 3 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are hereby modified as follows: Original Contract Sum, $1,432,704.90 (including applicable alternates and WSST) Net Change by Previous Change Orders $0.00 (incl. applicable WSST) Current Contract Amount $1,432,704.90 (incl. Previous Change Orders) Current Change Order g $28,347.51 Applicable WSST Tax on this Change Order Revised Contract Sum $1,461,052.71 Original Time for Completion 40 working days (insert date) Revised Time for Completion under 0 prior Change Orders (insert date) Days Required (f) for this Change 7 calendar days Order Revised Time for Completion 47 working days (insert date) In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this Change Order by signing below. Also, pursuant to the above-referenced contract, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date. All acts consistent with the authority of the Agreement, previous Change Orders (if any), and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order 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 contract modification, which is binding on the parties of this contract. 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above. CHANGE ORDER - 2 OF 3 IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. _..._..� ...._.._.._.._.._.._.._.._.._..m... _........_.......... ......._.._. CONTRACTOR: CITY OF KENT: By: By: c �/ (srgnatu �^ _ signature.„}� / Print Name: Alli0 � V Print Its /1 Its / (title) pile) DATE:.. �3 J/7 DATE: // / 3 17 7 APPROVED AS TO FORM: (applicable if Mayor's/signa`ture required) y Kent Law Department (In this field,you may enter the electronic fllepath where the contract bas been saved] CHANGE ORDER - 3 OF 3 �, T FILE NO: 200.2 CHANGE ORDER WORKSHEET NO. 001 Construction Management Division - Public Works Project: Be Ave S Pavement Project No.: 17-3005 Rehabilitation Project Engineer: Joe Araucto, PE Fed-Aid No.: N/A Owners Rep: Cameron Bloomer, PE Contractor: Road Construction Northwest, Inc. (KBA) Date: 8/29/17 I. PROPOSED CHANGE This Change makes the following revisions to the Contract Documents: Contract Drawing Sheets 15 and 16 show full side street closures, and has a note that says the side streets and driveways shall be constructed in such a manner to allow access to the businesses at all times. The note also states side streets are to be constructed prior to or concurrent with the mainline. This change takes away the contractor's ability to close a side street completely, and requires the contractor to complete the pours on main line 80th Ave S prior to starting pours on the side streets. II. REASON AND BACKGROUND FOR CHANGE The City and Contractor reviewed SB to WB truck turning movements in the field, and observed them needing much more roadway area than would be available with concurrent construction side street and mainline 80th construction. As we needed to maintain truck access to the businesses, the City added the requirement of completing mainline 80th Ave prior to starting the side streets. This allowed turning trucks to use the full width of 80th Ave to set up for their turns onto the side streets. The change to the work sequence resulted in 1 additional mob for concrete work, and some loss in production associated with that for the concrete sub. This also added 1 additional mob for the pavement grinder, and production impacts to the grading and base preparation for the general contractor. The addition of 1 pour will add 4 days (1/2 day form set up, 3 day cure, 1/2 day form strip), the additional grinding will add 2 days, and the additional base prep will add 1 day. The City and contractor agreed to a total Change Order cost of $28,347.81 and to add 7 working days to the Contract. III. METHOD OF PAYMENT NEW PAY ITEM(S) ❑ Not Applicable Change Order No. _ FOR ACCOUNTING USE ONLY Sch No. Item Description Total Est Oty this Unit Unit Price ! Total Estimated Cost of Oty PE Item --- ....._.,..,....................... ............__.—__:. ..m..�._...m._...m.... �.. 1 REV. DATE:4/01/10 FILE NO: 200.2 �✓'�E N T I CO 001 - Pour Sequencing 1 1 LS $28,347.81 $28,347.81 Change__ Independent Estimate Attached REATE ii.M.ONLY - Payment to be made PAY THIS PAY ESTIMATE - REQUIRED at a later date upon completion of work Naterlal 5ukrmitta4s Required CC construction Coordinator.. -_.. New Sub Reqrd? No...... DELETE EXISTING PAY ITEM(S) per 1-09.5 Z Not Applicable Change Order No. _ FOR ACCOUNTING USE ONLY ......... ......... ........ Sch No B 1 No Item Description City Unit Unit Price Cost.of Item Independent Estimate Attached - REQUIRED ..._�.m.m... INCREASE/DECREASE TO EXISTING PAY ITEM(S) Z Not Applicable Change Order No. _ FOR ACCOUNTING USE ONLY Sch. No. B I. No Item Description City Unit Unit Price Cost of Item - -p .._...... ........____..__ Ind--ependent Estimate Attached - REQUIRED ...._._. TOTAL ESTIMATED COST OF CHANGE ORDER * $28,347 81 *Total of the Cost of Item Columns THIS PAY ESTIMATE $28,347.81 IV. WORKING DAYS Original Contract 40 Due This Change Order* 7 Previous Total 40 DATE: 8/30/17 ...DATE: -..... ......... * Exolanatl aljustification Required The addition of 1 pour will add 4 days (1/2 day form set up, 3 day cure, I/2 day form strip), the additional grinding will add 2 days, and the additional base rep will add 1 day. TOTAL WORKING DAYS* 47 _...............m —1 *This Change Order + Previous Total All work, materials and measurements to be in accordance with the Standard Specifications and Contract Special Provisions for the type of work described. Prepared By: Date: Construction Supervisor: Date: Construction Manager: Date: 2 REV. DATE: 4/01/10 (food iviorning Chad, Dow, Phis Thanks. S ric Eric Connor, Construction Engineering Manager Construction Managernent I Public Works Department Phone 253-856-5533 1 Cell 253-797-0693 CITY OF KENT, WASHINGTON From: Cameron Bloomer [rgr;asl �(:Y gna,�f ukPtaerr'i, pl;p,u] Sent: Thursday, August 241 2017 8:57 AM To: Connor, Eric Subject: RE: 15-3001 CE-001Change in Critical Path Work Hello Eric, VGe did get some backup, hutjust an email breaking out the labor, equipment, and OHP nurnbers. It is in the attached Yl c. ( estimated the cost of an additional pour myself, and came up with $7,049.73. In my estimate, I assumed 60 extra hours total. Essentially 5 extra hours for a 12 person crew plus equipment. See attached excel sheet, under the Wilson tab. They are at$7,496 total. In my opinion and estimate,Wilson's cost is fair and reasonable and in line with the impacts I witnessed. Let me know if any additional info is needed. Thank you, Cameron Bloomer, PE " 1 ,5.97Jr C 2Ci6 t I r.:148 F 4�111 4, L, d �iaa�rrrg^rr kbacrri rar i, From: Connor, Eric [rn nlio FConnolt@kentw,t,gov] Sent: Wednesday,August 23, 2017 6:50 PM k ,n> o: Cameron Bloomer<c hCs)ornc.*a rokhauaYr_,ccai,,,,,. Subject: Fwd: 15-3001 CE-OO1Change in Critical Path Work Hi Cameron, Did we get any backup to substantiate the$7k? Thanks, Eric 7 Cameron Bloomer From: Nick Seeley <nickseeley@titanearth.com> Sent: Wednesday, August 23, 2017 4:56 PM To: Cameron Bloomer Cc: econnor@kentwa.gov;Araucto, Joseph Subject: RE: 15-3001 CE-(-)1Change in Critical Path Work Cameron, I'm good with this. Thanks, so(d4t P ))"l:;t l\ii :11,31;er From: Cameron Bloomer [mailto:cbloomer@kbacm,com] Sent: Wednesday, August 23, 2017 10:43 AM To: Nick Seeley<nick.seeley@titanearth.com> Cc: econnor@kentwa.gov; Araucto,Joseph <JArauc:o@kentwa.gov> Subject: RE: 15-3001 CE-001Change in Critical Path Work u ra d ul sII('(t wv� h uui Iu r pOl erg rrvi rons Ir r e 'J )IuIpn(S' 1. I irmd' 1 ch tit(,r': Co trrnu" 1�17osal. W UI'irh,rcrl IahoI I, Il [o th, r(IrI' I) Irr d tr„r v,,lui ; I,you hw J the on �s r/IV!I trar I n If2'/oth9l ar,,[v,III dch are G6Vmed III I-I'Atk (Ipq Icoi ofl the d i'INV',Hp( I how ;,as brat o erhr rh roar raid 111 Iuark Lal� Iri< ,se I�'Y un=. <1Iwpli i You h d soIT )I),)V(, 'Ind hn=.yond iIonal a1 r mnhiirtion a H its on Hw— roo- c rt I1 hom :rrrn.rctr Brut r nrt, lht a vviil tar, hr, urlic d ij[Oeu ,I ,cp rr rlr5 nlrrur r h nk;r: Only 7 GI Ind,1 I1101r evas a d vrd I thr, {u'ur[ity Io :h'ar f an= ,hrrvdn uii your grralrrrsal. 1Nf11I Iho-sr r ha IKo:; G(Al pI I)[.IoS(Id r r ta[al 11"81 1)1C2 ue i,',ni v and Ir t me I,Iv)vr if thI u.r,r hU)ble. f'nank you, Q'd4VP1er ii B1h NrmrY),:II',, PE t I r.'rl on, kWk,mcom From: NickSeeley [rnp�Ien.nve k.yrra Ie f�+,i('l,ra7e ti 'r tr);rr1,] Sent:Tuesday,June 13, 2017 9:08 AM 1 FA Sheet No -_ Independent Cost Estimate Project Name. 108th Ave SE (SR 515)and SE 208th Sti Project No: 12-3006 Item NO.: Co 001 Date: 6/29/2017 Description of Work, impacts to Titan with additional Pour Sequence,total cost.Titans proposal Work by Subcontractor?: (mark"x"it yes) Prime Contractor. Sub-Contractor: :• - STRAIGHTTIME OVERTIME DOLLAR LABOR DESCRIPTION HOURS WWR HOURS VVWR AMOUNT PV1 Superinten ent 55.00 $ Foreman 7+ 3 56 $ 71.32 $ 3,993.92 Operator lead 16 59.05 1,104.80 Operator typ 16 $ 67,91 1,086.56 Laborer(Grac[Chkr 56 55.50 5 3,108.00 SUBTOTAL-LABOR: $ 9,293,28 LABOR OVERHEAD&PROFIT @ 29% $ 2,695.05 LABOR TOTAL 11,988.33 EQUIPMENT HOURS HOURS ADJUSTED STANDBY DOLLAR EQUIPMENT AND ATTACHMENTS WORKING STANDBY RATE RATE AMOUNT F-450Foreman'sTruck 56 $ 37.82 $ 2,117.92 Loader, Komatsu 320 16 $ 65.87 $ 1,053.92 'Roller 8 $ 47.76 $ 382.08 Excavator 135 class 8 $ 72,04 $ 576.32 Bucket 8 $ 10,97 $ 87,76 SUBTOTAL-EQUIPMENT $ 4,218.00 EQUIPMENT OVERHEAD&PROFIT @ 21% $ 885.78 EQUIPMENT TOTAL $ 5,103.78 �ON I SERVICE TRACTOR MATERIALS/SERVICE DESCRIPTION QUANTITY UNIT PRICE AMOUNT Wilson 1 L5 $ 7,049.73 $ 7,049.73 Grinding Sub 1 LS $ 3,000.00 $ 3,000.00 $ $ SUBTOTAL-MATERIALS $ 10,049.73 MATERIALS OVERHEAD&PROFIT @ 21 SUBCONTRACTOR TOTAL $ 10,049.73 Verification of Hours Worked. TOTAL. $ 27,141.84 12%MARKUP (fo(prime when subcontract work) $ 1,205.97 G"uer€rs+;rmis Representative(rrrotetl name) SHEET TOTAL: $ 28,347.81 contractor's Representative Signature Gate Owne('s Represenfelive(pFlnted Warne) Prime Markup on Subcontractor. �... , ... . .......... Oaf e 12% <$25,000 Owners Represents(va Sranature Pa Estimate Entered, 15%', �$25,000 to$100,000 Y 7%', >000,000 Date: 0 oy. If checked,this work is in dispute. By signing this fomi, parties 1 of 1 P-13 (Rev. 7112) FA Sheet No.: Independent Cost Estimate ' s . Project Name: 108th Ave SE (SR 515)and SE 208th So Project No 12-3006 Item No.: CO 001 Date: 5/23/2017 Description of Work: Make alterations to the'Traffic Loops and home Runs per FWD 004 Work by Subcontractor?. (mark'k"if yes) Prime Contractor: Sub-Contractor: LABOR STRAIGHT TIME OVERTIME DOLLAR Description HOURS WWR HOURS VWVR - AMOUNT Forn set up, 6 person crew, 1 Firs 6 55.00 $ 330.00 Form Take Down, 6 person crew, 1 hrs 6 55.()0 330.00 $ Added Pour Mob, Loss Time 3 cem mas,4 hrs 12 $ 65.00 $ 780.00 Added Pour Mob, Loss Mime, 6 Lab,4 tars 24 55.00 $ 1,320.00 $ Foreman Time,2 ea at 6 hrs 12 $ 75,00 J $ 900.00 SUBTOTAL-LABOR. $ 3,660.00' LABOR OVERHEAD&PROFIT @ 29% $ 1,061.40 LABOR TOTAL $ 4,721.40 EQUIPMENT HOURS HOURS ADJUSTED STANDBY DOLLAR EQUIPMENT AND ATTACHMENTS WORKING S .. TANDBY RATE RATE AMOUNT Crew Trucks, 3 trucks at 6 hrs 18 $ 40.00 $ 720.00 '.. Foreman trucks, 2 at 5 hrs 12 Is 35.00 $ 420.00 Ooncrete finish screed 4 $ 40.00 $ 160.00 SUBTOTAL-EQUIPMENT $ 1,300.00 EQUIPMENT OVERHEAD&PROFIT @ 21% $ 273.00 EQUIPMENT TOTAL $ 1,573.00 MATERIALS 1 SERVICE DESCRIPTION OUANTn'1' UNIT PRICE AMOUNT none $ S SUBTOTAL-MATERIALS $ MATERIALS OVERHEAD&PROFIT @ 21% $ MATERIALS TOTAL $ - Verification of Hours Worked: TOTAL $ 6,294.40 12% MARKUP(to(prime when subcontract work) $ 755.33 r,, esrrpar � o G r r 1 :marl - .... SHEET TOTAL: $ 7,049.73 Gontrac:or'S Repreaen t&flue Q6aCOrp_ Date iJuvrrasrk F{epresenfa(ive(prin(erJ nemel Prime Markup on Subcontractor. Owne/s Rep2sen(abve Sr9nalure Date,--- 12% <$25,000 10%. $25,000 to$100,000 Pay Estimate Entered: 7%. >$100,000 Date toy "1 If checked,this work is in dispute. By signing this form, parties 1 of 1 P-13 (Rev. 7/12) From: Cameron Bloomer [q y:,Lo rkrlsranlra,P:yukh Sent:Tuesday,June 13, 2017 8:57 AM To: Nick Seeley<nick tir r Va7Yfrrflkrt.eolr tlp,<'(wi>; McConnell, Phillip<PMcCo ip,:, 8(jp(woC, 3 p, v> Subject: RE: 15-3001 CE-001Change in Critical Path Work flurnk irou lair grating i I ,,l to us IrGl(k. IN le II you gr, ,) chan<< run you hlrmsa srnvldl � the ')ii kiiP ccr�tinv,:;rFo for th,� 4uhs Imp-i is acid lie 24 hr mix. Foi Wil,on anal from your :remised pow "agi.icnr.iui>, it!ook, lil,,, rve! ai gohig from r, lu 8 p; peal l:e pour;, to their cast (,H,,cth✓)ly r(�1)11( en9: lhr, t ad dilienal mob,, fionr the -� vi�r�r1 setpur'imring, 'rs Ui 'olrecJ? Thank You, Cameo uiru IBilo nirneir, IPIE ih I F US ' 22 , ,X orptc.r kkltern.Cv nd ,. Ir''InfcP 10"'nug <ri1 4"r rh .. y From: Nick Seeley Irl'a ii 11,uo.nPck., POA0, Sent: I uesd,i}(,Jwie 1 3, 2017 8 115 A M To:: Cr inrr!rc.rn Bloomer ir,�ii)l ur.rcr roiir'•.i MrcCor m;ll, Phillip<Ppyq,c✓runua 81 tP 7�n�+nrx f;rncl Subject. 15 3001 CIF 001Chu rng:e in Critical Path Work Cameron/Phil, Please see attached CE-001 Change in Critical Path work pursuant to review comment#3 of RAM-006. Please call me if you have any questions regarding this change estimate. Thanks, r ' 2 PROJECT:Both Avenue South Pavement Restoration 15-3001 Date Pr16n0 Compiled: 6113/2017 CONTRACT WITH:Cityof KenT Date Work Performed TBD WORK DESCRIP'TIOW Tu ,hm,t la,cinr �I n. Iboi )Qtl(Ifr6111rc IS .IIS, ar,JjWllll1mA9 eIt6mlewsuaol10 lQCA Glinn. rl 4nY oenin^r�i lr/N 006 aori nrn t(s tlireiolin;o angnin tht yncnaig ctl�al path vvod<. Tnwoking4 CE-001 Added Contract DaIm Requesled 7 LABOR COST , HOURS _._.___-._._ E A M TOTAL CLASSIFICATTON REG. O.T.. Oouble T REG. ., OT 1.5 Ubl UT�- COST PIV/ 1I JPF I I reAl 6.00 1 A qs nn Ti 7rn on FC RL9MShN lf.n3%$2! n nn s 76 25 9 4.27U_00 OPERA FOR l I¢vfd 19.p1 1 75.q0 3' 1200 t)0 0PERATO I ..._ a nn T .0 a,f 5 11V0 QQ tA4TPJ FdR I>jChltrt Sh Op Y, hu 'F 3.39976 5 TO Al,LABOR COS 5 0.829.76 OUI P M T COSTS WOIl B C IS TOTAL ..—.._.. ....._.._ ... -........... .._.a....._._._ UE5CRdP'RON rCLASSIFfCATION .._..._-. UTILI—D STANOBY .UTI1.12EU . STANDBY' COl1T J_— 1`-0,5'O Tnuak F' Mi(Px'{t1 7UII' jstLw'IIAP9d rit ui9 edl Sb00 e :47-8�d i tl9Ap/2 I T'.'.r.}Cy1 aasu 32^r 15.(iQ. 1 53.42 RoEdr S1tt Its Clrrarrr U raa nc rival fdm•dn.ar 8,00 1 r 7G 9S2.PS F xcwwalm Ibhrt DnArry7Hul7a,la+ tl 35 Class .8tl:kwrt 10 w-t,.it':', 1197 S 87 76 5 O ALEQUIPMENT.. COST b 4,218.00 --..._ _....._._._.� ' L. AL. ISO l.. N SERVICES _._.. ... .... TOTAL DESCRIPTION ,...,._._,._.,. _._,._._,__..,,,...,,,,.. OTY: UNIT$: E/UNtT` COST S TOTAL MATERIALS,RENTAL AND DISPOSAL - DI C SUBCONTRACTORS IO�THE.. _ _TOTAL DESCRfPT10N QUANTITY UNIT$ VWflT PRICE _ COST ^naCrUanur 1.w Ls 4 7CrNi,Ty a 1d7fydtfi X2JG!'J Ef Oi,rorrvrunl 100 LS ,.. i.715C0.'f}p lY5(7,C0 WCCTCIWSP 1f(J _LS 1.57fi.00 'G7Cr.Ot7 .411 C;ompuln Mix Go�oi Pe,CC Yam 100 GV AC 7 Ln B 4fj%0 2AIJititanpT Oar^yflex A4alq iiZk:'iorwq 2TBOi Eh. 4 1000,C0 ,App.30 fi TOTAL SUBCONTRACTOR COST 13,903. 4 C REIMBURSEMENTADDITIONS J CRE ITS TOTAL_,._......_..... ....._._._. � .,,,__,........ DESCRIPTION gUAN71'FY UNITB VNR PRIGS COST L LATCH DYALDIRECTCQ$'T s 'I 0.82976 IT AMRilUP 29 04%1 5 3 140 53 EOIJIPM1iFNT-T(7l'AL DIRECT CD$T 5 421800 E UI PNI2MT MA(UCUP - -- MA�TERIALS/OISPIDSAL-TnT,n)_niRFnT I`Ils1. 1 J/a t af!_j 7E U"Frt"a'MLE,i FAX C' q FFRDAAINENr�MAIFRA4,S'If^"Sidlxegalifd L)bovb 00", MATEVRIAG.SJDISPS3P,ALISERVIf ESiMARK.UP 21 04� 3U5CUNTRAGrORl01'HE;R-T'OTAT.DIRECT qp. T S 1a nn:l n_n_ 5 1 i,l rl ,"51.CinC}NT'HA4:T Rr 'TWIT R LIAf-0Ni'.4]p+ 12 0% 36 DIRECT r FIWIOUR$Eh9T NiT ADDI'TIONSl CMCOIT TOTAL DIRECT ". ST - MULCT REIMHLRSEMLNi'ADOFPIf7N5}CIMEDI'TS RIARKNT^ 82k0 CaXe4l5t0,. 1,09b T GRAND TOTAL 44.645.53 Nick Seeley From: Jeremy Wilson <Jeremy@wcciconcrete.com> Sent: Friday, June 9, 2017 1:24 PM To: Nick Seeley Subject: RE: Kent Impact Costs Attachments: POUR PLAN PHASE l.pdf, POUR PLAN PHASE 2_pdf Nick, the estimated impact costs to WCCI for pouring 80th out first then working on the side streets would be$7496,00, -Additional labor: $4160.00 -Additional equipment $1760.00 -OHP: $1576,00 The additional cast per CY of 24 hour mix would be $27.00 It is going to require one additional pavement pour so I would need an additional 4 days of working time plus any prep time you would have for the last pour. I have attached the revised pour sequence plans. I just realized that I missed a couple of details on the jointing plan so I will need to re-do that one. I think I have found some dowels from a local supplier so we should be able to keep with your schedule for the first pour. -----Original Message----- From: Nick Seeley [manta:nick.seeley@titanearth.c,mj Sent: Wednesday, June 07, 2017 7:16 AM To:Jeremy Wilson Subject: Kent Impact Costs Jeremy, Do you have your impact costs, request for additional days, and high early unit price put together yet. I need all of the above items as well as the revised joint plan asap so we can get it pushed through the City before we lose our window. Thanks, Nick Seeley TITAN Earthwork i P.O. Box 2273 Sumner, WA 90930 Phone: 206-940-3912—Fax:2S3-750-0095 January 9th, 20f7 TITAN, Kent We are pleased to suhmit the following proposal for asphalt grinding for the ahove project s Grind approximately 8000-1Q,000 square yards of asphalt Quote price fur above outlined work: Payment terns- (Balance due upon completion of job) 4 inch-$1.10 per yard 5 inch- $1.15 per yard 6 inch- $1.20 per yard 7 inch- $1.25 per yard 8 inch- $1.30 per yard 9 inch- $1.45 per yard 10 inch- $1.50 per yard All pricing includes two mobilizations. Additional mobs after hvo will be billed at $3000.00 each Exclusions. Not liable for any damagewhatsoever, to or resulting from unmarked, unknown buried or concealed utilities. • Hauling oTmatenal • Contractor to provide water source for grinder • Areas out machine will not fit, plus 2x2 toot square around utilities or smaller • Damage to existing asphal Uconerete due to heavy equipment. • Work other than stated. All other work will he billed on a time and material basis at our shop rate. • 'Tax & Permits. • Bid valid for 60 days_ Signature acknowledges acceptance of this proposal and this also will he considered your notice of our intent to lien this project, if necessary. Interest at I5% per month will he charged on all past due accounts. ..,. _..--.... ....... .. .. ... Jason Becker..../PacWcst G.. rinding Date Datc CI � aa�r%p9� iivi�f�a �.ry K E N T SOfh Ave S SUBMITTAL TRANSMITTAL Project Name: 80th Ave S Pavement Renal: ivation Contract No: 17-3005 Owner: City of Kent KBA Project No: NA Contractor Titan Earthwork Federal Prof No NA ------------------ Submittal No: 006 TIB No: NA Description. Jointing Plan Result of Review �I Approved as Submitted Approved as Noted Amend as Resubmit Review is only for general conformance with the Contract Documents. Corrections or comments made do not relieve contractor from compliance with the Contract Documents. Taking no exceptions on a specific item does not imply approval of an assembly of which the item is a component_ Contractor is solely responsible for fabrication, dimensions, and installment, means, methods, techniques, sequences, and procedures of construction, coordination of the Work; and for satisfactorily performing all work. Review Comments: 1) Provide legend for colors to delineate between different joint types. 2) Indicate panel dimensions 3) Indicate pour sequence. NOTE: After Observing truck turning movements with lane closures in place,the City is requiring the completion of the full width of 80"Ave 8 prior to starting pavement removal work activities on the side streets. Please indicate this on the revised pour sequence. 4) Provide narrative on method for achieving surface smoothness when placing between existing curb and gutter. Date ' p -7 By _ _ d�. . �,�t1�✓} — -- ___....... ........_._. Cameron Bloomer,PE _ Resident Engineer KBA, Inc. 1 of 1 P-45 (rev_ 7)12) Client#: 119927 TITAEART ACORDM CERTIFICATE OF LIABILITY INSURANCE DATE(MM 4/04/2 01D7YYY) 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 policy(es)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 Christine Maden Propel Insurance Pa90NE PAX (AIC Nn Eti 800 499-0933 IASI,No);..866 577-1326 Tacoma Commercial Insurance E-MAIL ADDRESS: @P P christine.maden ro elinsurance.com 1201 Pacific Ave, Suite 1000 INSURER(S)AFFORDING COVERAGE NAIC# Tacoma,WA 98402 Zurich-American Insurance-Coma 16535 INSURER A: P INSURED INSURER B:Navigators Insurance Company p42307 TITAN Earthwork, LLC ----..... .....---- ......... - ......... _._...... INSURERC Westchester Surplus Lines Insur 10172 1585 Valentine Ave SE ...................""""' "' .... Pacific,WA 98047 �INSURER 0 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 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 SUB:ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR NDDL SUER POLICY SEE POLICY EX I LYR TYPE OF INSURANCE Jlgc„R gyvn PDLICY NUMBER IMMIDDIYYYYI IEMMIDDIYYYYI LIMITS A 1( COMMERCIAL GENERAL LIABILITY X X GLA915581103 4/0512017104/05/2019 EACH OCCURRENCE S1.000,000 CL41MS MAUL- � XI OCCUR I ur MI o-Rt NErU�UPT I ro ,u) $300;OD0 _ _ X PD Ded: $5,000� ( MLDEXPIAoynnr.ocn,om $10.000 _ PERSONAL d ADD INJURY $1,000,000 GEN L AGGREGATE LIMIT APPLIES PER �CINEHYL OCRIC IE $2000000 .. _. ,... Policy „X�Jrr1 I LOC j FPODUr r r„OMI ICI AGc s2,000,000 A AUTOMOBILE LIABILITY X X GLA916581103 4/0512017......0410512019fP���yI",�IpSoN`'BE°IM"T x1,000,000.. X ANYAWID - BODILY INJURY(Per pem'on) 8 A[I OWNED SCHEDULED I bODIIY IIdJUR1 (Pertlenp D AUIPC _ AUTOS LOS X HlRmauTo �X ADDCAURD X X SE17EXC7512601V0410512017 D41051201 �ACH$occuRAMAO o 1 s B L UMBRELLA LIAB XRENCE $5 DOD 000 .. - I ..,, ...- EXCESS LIAB X CLAIMS MADE �ArcRlcAlr $5 DDD DDD LEE] . RETENTION 0 $ WORKERS COMPENSATION PER OTH- pND EMPLOYERS LIABILITY (WA Stop Gap) cTorl qG X qR A ,ASSIROP1111;ICRIPARTNEREXEcu LISP YI" GLA915581103 4/0512017 04/05/2018 Si FACT I ACCADr Nr 51000.000 OIr ICLRIMEMeGA EXCLUDED' N NIA - IMlabdnrk ry in Ntq EL DISEASE ASE_1 A 1 MI 1 OY E Si 0001000 -If yes describe under DESCRIPTION OF OPERATIONS below ELDISEASE-POLICY LIMIT S1.000,000 C Pollution X G24261706006 4/0512017 04/0512013 $5,000,000 Occurrence Liability $5,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may he attached it more space is required) RE: Project 915-3001 /80th Avenue South Pavement Rehabilitation. The City of Kent is additional insured per the attached endorsement. CERTIFICATE HOLDER CANCELLATION CI of K SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 West Gowe ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2657699/M2657614 CLM00 COMMERCIAL EXCESS LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONDITIONS OTHERINSURANCE PRIMARY AND NON-CONTRIBUTING This endorsement modifies insurance provided under the following; COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE A. Section IV - Conditions, 9. Other Insurance is deleted and replaced by the following: 9. This insurance is excess over any other insurance available to the insured except: a. insurance that is purchased specifically to apply in excess of this policy; or b. insurance available to the person or organization shown in the Schedule of this endorsement as an additional insured on the "controlling underlying insurance." B When this insurance applies on a primary and non-contributing basis, the Limits of Insurance available for the additional insured will be the lesser of: 1 . the amounts shown in item 3 of the Declarations of this policy; or 2. the amount of insurance you are required to provide the additional insured in the written contract or agreement. All other terms of the policy remain unchanged.. NAV-LXC-348A (01/11) Page 1 of 1 Contains copyrighted material of the Insurance Services Office, Inc. with its permission, This page has been Icft blank intentionally, "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins spores, scents or byproducts produced or released by fungi. But"fungi' does not include mushrooms cultivated for human consumption. "Loss' means bodily injury, property damage, personal and advertising injury or other loss defined by and to which the "controlling underlying insurance" applies, "Policy period" means the period of time between the effective date shown in the Declarations and the earlier of the expiration date shown in the Declarations or the expiration date shown In an endorsement to this policy, "Silica" means silicon dioxide, occurring in crystalline, amorphous or impure forms, silica particles, silica dust or silica compounds. "Silica related dust" means a mixture or combination of silica and other dust particles_ "Underlying limits' means the amounts shown in the Declarations as the minimum limits of insurance to be provided by"controlling underlying insurance." In Witness Whereof,the issuing Company has caused this policy to be signed officially below, and countersigned on the Declarations page by a duly authorized representative of said Company. '�y _ Stanley A. Galanski Jeff L. Saunders President Vice President NAV-H.NC-001 (04,10) Navigators Insurance Company Page 7 of 7 Contains copyrighted material of the Insurance Services Office, Inc with its permission and we are prevented by law from paying such damages on behalf of the insured, we will reimburse the insured, in U.S currency at the prevailing exchange rate at the time the damages were paid, for such damages. SECTION V—DEFINITIONS The DEFINITIONS sections of the "controlling underlying insurance" are made part of this policy; and apply to words or phrases used in this policy provided always that words or phrases in quotations in this policy will have the meaning given them in this policy. "Aircraft products" means a, an aircraft, b, ground control or support equipment, or c any article, component or device made, sold, licensed. handled or distributed by any insured that is used to achieve, control or maintain flight or landing of an aircraft. "Asbestos" means the mineral in any form. "Controlling underlying insurance" means the policy listed in the Schedule of Underlying Insurance shown in the Declarations, or its renewal or replacement, which applies to the "loss," cr would Piave applied but for a an exclusion in that policy, or b the exhaustion or erosion of an aggregate limit of insurance; If more than one policy is listed in the Schedule, the"controlling underlying insurance" is the policy which applies to the "loss" or would have applied but for the reasons a or b listed above, "Defense expenses" means expenses we incur to investigate a claim or defend a suit„ Defense expenses include interest which accrues on our portion of a judgment, after entry of thatjudgment and after the insured or any underlying insurer has paid the full amount of their portion of the judgment but before we have paid, offered to pay or deposited in the court the part of the judgment that is within our applicable Limits of Insurance, "Employment practices" means: a, dismissal, discharge or termination of employment, whether actual, constructive or rate I i ato ry, b- failure or refusal to hire or promote, c, discipline, demotion, coercion or retaliatory treatment; d, failure to grant tenure, e negligent employment evaluation, f, sexual or other workplace harassment, including quid pro quo and hostile work environment, g, employment discrimination, h, invasion of privacy, violation of employment related civil rights, employment related libel, slander or defamation, i. creating or enforcing or failing to create or enforce employment related policies or procedures, or j. actual or alleged violations of the Family and Medical Leave Act of 1993 or its amendments, "Event" means an accident, incident, occurrence, offense, wrongful act or other 'loss" causing "event" defined by and to which the"controlling underlying insurance" applies, NykVr-EXC-0Ol (04/1 n) Navigators Insurance Company I7s<<a 5 of 7 Contains copyrighted material of the Insurance Services Office, Inc, with its permission 8 Maintenance of Controlling Underlying Insurance During the "policy period" you must maintain`controlling underlying insurance with underlying limits" at least equal to the amounts shown in the Declarations, The "underlying limits' must be unimpaired at the beginning of this "policy period," If you fail to maintain the "controlling underlying insurance" this policy will be invalid. If you fail to maintain"underlying limits," we will only be liable to the extent we would have been liable had you maintained the "underlying limits" Reduction of"underlying limits" by the payment of judgments or settlements for"loss"to which this insurance applies, or would have applied but for the amount of the damages, will not be considered a failure to maintain `underlying limits" 9 Other Insurance This insurance is excess over any insurance available to the insured except insurance purchased specifically to apply in excess of this policy 10, Payment of Damages When the amount of damages payable under this policy has been determined by final judgment or a written settlement agreement between the claimant and us, we will pay that amount, up to our applicable Limits of Insurance, after the "controlling underlying insurance' or the insured has paid the full amount of the "underlying limits' 11 Premium The Premium shown in the Declarations is the premium for the coverage we provide for the "policy period "The first Named Insured is responsible for the payment of all premiums under this policy, If this policy is cancelled prior to its expiration date return premium will be calculated as follows. a, if cancelled by us [{(Premium) —(Minimum Earned Premium)}x (Pro Rate factor)] b. if cancelled by you: [{(Premium)—(Minimum Earned Premium)}x {(Pro Rate factor) x ( 90)}1, 12 Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies. a. as if each Named Insured were the only Named Insured, and b, separately to each insured against whom claim is made or suit is brought, 13, Transfer of Rights of Recovery Against Others If an insured has rights to recover all or part of any payment we have made under this insurance, the insured must preserve those rights and, at our request, pursue or transfer those rights to us. The insured must do nothing after an "event" to impair them 14. Reformation of Underlying If the"controlling underlying insurance" is reformed after an "event"to provide coverage for a"loss,"the terms of such reformation do not apply to this policy. 15, When we Defend When we have a duty to defend an insured, the insured will cooperate with us in the transfer of the defense to counsel of our choosing. If the law of the governing jurisdiction permits an insured to select their own counsel to be paid for by us, we shall only be liable for the reasonable and necessary defense costs of one law firm per insured at rates customarily paid by us for the defense of similar claims in the jurisdiction where the claim is pending. 16, Claims outside the U.S,A, it's Territories, Possessions or Canada When we have the duty to defend an insured and are prevented by law or otherrodse from doing so, we +mill reimburse the insured for any reasonable and necessary expenses incurred in the defense of a suit to which this insurance applies If the insured becomes legally obligated to pay damages to which this insurance applies NAV-EXC-0O1 ((14/10) Navigators Insurance Company pege 5 of Contains copyrighted material of the Insurance Services Office, Inc with its permission 4 Non-Renewal a We are not obligated to renew this policy. Ho+.++ever, should we decide not to renew, we will provide the first Named Insured written notice of our decision at least 3Q days prior to the expiration date shown in the Declarations b, We will not restrict the terms or increase premium of this policy at renewal unless+ue have given the first Named Insured at least 30 days advanced notice of any such changes. However no notice will be provided or required if a restriction in this policy results from a restriction applicable to "controlling underlying insurance.' c. The first Named Insured may non-renew this policy by. i, providing advance written notice to us, ii, rejecting our offer to renew, or J. failing to reply to our offer to renew. Proof of mailing will be proof of notice. 5 Changes This policy contains all of the agreements between you and us, This policy may only be changed by endorsements we issue, & Duties When There is an Event,'' Claim or Suit a. You must see to it that vue and any other insurers who could provide coverage are notified as soon as practicable of any"event"which may be reasonably expected to result in a claim under this policy. To the extent possible, notice should include: i, how, when and where the ''event' took place, ii the names and addresses of any injured persons and witnesses; and iii, the nature and location of any injury or damage arising out of the ''event'' b. If a claim is made or suit is brought against any insured which may be reasonably expected to result in a claim under this policy, you must i, immediately record the specifies of the claim or suit and the date received, and ii notify us, and any other insurers who could provide coverage, as soon as practicable, c. You and any other involved insured must i, immediately send us, and any other insurers who could provide coverage, copies of any demands, notices summonses or legal papers received in connection with a claim or suit which may be reasonably expected to result in a claim under this Policy. ii authorize us to obtain records and other information, iii, cooperate with us in the investigation or settlement of the claim, issues relating to coverage under this policy or defense against the suit, and iv assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of the injury or damage to which this insurance may apply, cl No insured will, except at that insureds own cast, voluntarily make a payment, assume any obligation or incur any expense, other than first aid, without our consent. Notice to us may be sent to our address shown in the Declarations, 7 Legal Action Against Us No person or organization has a right under this insurance a, to join us as a party or otherwise bring us into a suit asking for damages from an insured, or b. to sue us on this Insurance unless all of its terms have been fully complied with. NAv-♦,.NC-001 (04/10) Navigators Insurance Company Contains copyrighted material of the Insurance Services Office, Inc with its permission SECTION III—LIMITS OF INSURANCE The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds, claims made or suits brought, or persons or organizations making claims or bringing suits. 1. The General Aggregate Limit is the most we will pay for the sum of all damages to which this insurance applies, except a. damages because of bodily injury or property damage included within any applicable products-completed operations hazard, or b damages arising out of the ownership, operation, maintenance or use of an automobile; 2, The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of all damages included within any applicable products-completed operations hazard, 3 Subject to paragraphs 1 and 2 above the Each Event Limit is the most we will pay for all damages that arise out of any one event.' SECTION IV—CONDITIONS The CONDITIONS sections of the "controlling underlying insurance" are made part of this policy. If an inconsistency or contradiction exists between the Conditions of this policy and the Conditions of the"controlling underlying insurance,''' the Conditions of this policy will apply. 1. Appeals At our discretion we may appeal any judgment which would result in a payment under this policy. When we do appeal, we will pay all costs associated with the appeal in addition to the Limits of Insurance. Any such appeal will not increase our Limits of Insurance, 2, Bankruptcy or Insolvency Bankruptcy or insolvency of the insured or the insured's estate will not relieve us of our obligations under this policy. Bankruptcy or insolvency of any company providing "controlling underlying insurance" will not reduce the 'underlying limits" or increase our obligations under this policy. We will not be required to drop down or replace "controlling underlying insurance.` 3, Cancellation a. The first Named Insured may cancel this policy at any time by providing us advanced written notice of the cancellation date. b, We may cancel this policy at any time by providing the first Named Insured written notice of cancellation i. at least 10 days in advance if we cancel for non-payment of premium, or ii. at least 30 days in advance if we cancel for any other reason c. If the "controlling underlying insurance" is cancelled for any reason, this policy is also cancelled. Reinstatement of the ''controlling underlying insurance" does not reinstate this policy unless reinstatement Is endorsed hereon. Return premium, if any, will be calculated per Condition 11_ Premium, Proof of mailing will be proof of notice. NA V-r:Kr_oul (04/1 of Navigators Insurance Company Pagc 3;,f v Contains copyrighted material of the Insurance Services Office, Inc with its permission However, in no case will coverage be excluded by the "controlling underlying insurance' and riot excluded by this policy This insurance does not apply to any liability 1, to which "controlling underlying insurance" does not apply, 2. for which coverage Is provided by`controlling underlying insurance' at limits less than the limits of insurance applicable to other coverage provided by the"controlling underlying insurance" and less than"underlying limits;" 3, for"loss" which commenced prior to this`policy period,"whether or not such "loss" continues, progresses, changes or resumes during this "policy period;" 4 for damage to property you own, rent or occupy, including any costs or expenses incurred by you or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including the prevention of injury to a person or damage to another property, 5, for damage to personal property in the care. custody or control of any insured, G. arising out of any "aircraft products,' 7, arising out of the actual, alleged, suspected or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of"asbestos;" 8. arising out of the actual, alleged, suspected or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of'fungi" or bacteria, 9 arising out of the actual, alleged, suspected or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of"silica" or"silica related dust," 10, arising out of any "employment practices" of any insured, 11, arising out of. a. war, including undeclared or civil war, ID, warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents,or c insurrection, rebellion; revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these; 12 imposed under: a an uninsured or underinsured motorist, uninsured or underinsured boater, Medical Payments, Personal Injury Protection, No-Fault or any similar law; b, a workers compensation, disability benefits, unemployment compensation or any similar lan,; c, the Employee Retirement Income Security Act of 1974, any amendments thereto or any similar law. SECTION 11 —WHO IS AN INSURED The WHO IS AN INSURED section of the "controlling underlying insurance" is made part of this policy Any person or organization that is an insured in"controlling underlying insurance" is an insured in this policy to the same extent. NAV-F:xc_oat (04i10) Navigators Insurance Company Pa e 2 o f 7 Contains copyrighted material of the Insurance Services Office, Inc with its permission Commercial Excess Liability Coverage Part Various provisions of this policy restrict coverage. Read the entire policy carefully to determine your rights, duties and what is and is not covered. Throughout the policy the words "you" and ''your" refer to the Named Insured. The words''we," "us" and "our" refer to the company providing this insurance The word "insured" means any other person or organization qualifying as such under SECTION II —WHO IS AN INSURED. Other words and phrases that appear in quotations in this policy have special meanings. Refer to SECTION V- DEFINITIONS SECTION I —COVERAGE 1, Insuring Agreement A_ Excess Liability 1_ We will pay on behalf of the insured and in excess of"underlying limits'' those sums the insured becomes legally obligated to pay as damages for loss" to which this insurance applies. This insurance applies only if: a. the `loss" is caused by an `event' that takes place in the coverage territory, b the`loss" occurs during the"policy period," and c. the "controlling underlying insurance' applies to the "loss." 2 If an aggregate limit of"controlling underlying insurance' is exhausted by the payment ofjudgments or settlements to which this insurance applies, or would have applied but for the amount of the damages, this insurance will apply in place of the"controlling underlying insurance" until we have paid our applicable Limits of Insurance. 3. When paragraph 2 above applies, ending the"controlling underlying insurance" obligations to investigate and settle claims or defend suits against the insured, we have the right and duty to investigate claims and defend suits which seek damages to which this insurance applies. Our right and duty to defend end when we have paid our applicable Limits of Insurance. 4. When paragraph 2. above does not apply, we have the right, but not the duty, to participate in the investigation or settlement of any claim or the defense of any suit against any insured 5 We have the right, at our discretion, to settle any claim to which this insurance applies, 6. As respects paragraphs 3, and 4. above, "defense expenses"we incur in the investigation of any claim or defense of any suit will be paid in addition to the Limits of Insurance except when such costs reduce the limits of"controlling underlying insurance," in which case they will reduce our Limits of Insurance. 7 The amount we pay is limited, See SECTION III —LIMITS OF INSURANCE 2. Exclusions The EXCLUSIONS sections of the "controlling underlying insurance'' are made part of this policy. If an inconsistency or contradiction exists between an Exclusion of this policy and an Exclusion of the "controlling underlying insurance" the Exclusion of this policy will apply NAV-FiX('-001 w4h0) Navigators Insurance Company rage 1 of 7 Contains copyrighted material of the Insurance Services Office, Inc with its permission. I Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage—Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III—Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of$1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its 'loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500 The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto' is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage, All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW(04-14) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc„with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or"loss" shall not invalidate the insurance afforded by this policy, Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or"suit" including, but not limited to, the date and details of such claim or"suit" (2) The"insured's" name and address, and (3) To the extent possible, the names and addresses of any injured persons and witnesses, If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos— Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered "auto"you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of"autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto—World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following, (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CVJ(04-14) Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc..,with its permission. K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph BA.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived, or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller(or smallest) deductible. M. Physical Damage—Comprehensive Coverage—Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section. Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss"from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos—Physical Damage 1. The following is added to Section I —Covered Autos. Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos"for Physical Damage Coverage. Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair, 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section. Temporary Substitute Autos— Physical Damage We will pay the owner for"loss"to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other patty. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit" or"loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation)- The failure of any U-CA-424-F CW(04-14) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission, (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered"auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section. Personal Effects Coverage a. We will pay up to $750 for"loss" to personal effects which are: (1) Personal property owned by an "insured and (2) In or on a covered "auto". I Subject to Paragraph a. above, the amount to be paid for"loss"to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto", No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following, (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals, furs or fur garments; jewelry, watches, precious or semi-precious stones (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of"loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F CW(04-14) Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II —Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II —Covered Autos Liability Coverage: This exclusion does not apply to covered "autos' participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos' participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total 'loss'to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the"loss", (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease, and (5) Carry-over balances from previous leases or loans, F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto' of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage—Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW(04-14) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Coverage Extension Endorsement ZURICH Policy No. Eff. Dale of Pol. Exp., Date of Pol. Eff. Dale of End. Producer No. Add'I, Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the. Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II —Covered Autos Liability Coverage The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. I Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any persons) or organizations) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance— Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any persons) or organ ization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law 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. U-CA-424-F CW(04-14) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc..,with its permission, This page has heen left blank intoitionally. 0 Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. Eff. Date of Pol Exp. Date of Put Eff Date ofEnd Producer Addl Prcm Rctum Prom. GL 915591103 04105/2015 04105/2018 Propel Insurance 'x THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement,which is executed before a loss, to waive your rights of recovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. 0-G1-925-R C W(I2M) Page I of I C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that. 1. We are notified as soon as practicable of an 'occurrence'or offense that may result in a claim, 2. We receive written notice of a claim or"suit' as soon as practicable, and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that. a. The additional insured is a Named Insured under such other insurance, and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over. Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence", offense, claim or"suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III —Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement, or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW(04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission, 19 Additional Insured — Automatic — Owners, Lessees Or ZHRICH Contractors Policy No. Eff. Date of Pol Exp. Date of Pol. Eff.Date of End Producer No. Add]. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code). This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law, and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: 'Bodily injury', "property damage" or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including. a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the 'personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW(04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 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