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HomeMy WebLinkAboutPW18-059 - Original - Altus Traffic Management, LLC - S 224th St Project Traffic Control Plan - 02/12/2018 400!� [-Kec",,� rds 1" ana", KEENT Document MN 1r9rwcraH ���,,, 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: Altus Traffic Management, LLC Vendor Number: JD Edwards N umber Contract Number: M6 -0 This is assigned by City Clerk's Office Project Name: S. 224"' St, Project Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment x Contract ❑ Other: Contract Effective Date: 2/12/18 Termination Date: 12/31/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract tanager: Steve (Lincoln Department: Engineering Contract Amount: $10,000.00 Approval Authority: X Department Director ❑ Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Prepare traffic control plans for the project. .. . _ . . As of: 08/27/14 r r KENT GOODS & SERVICES AGREEMENT between the City of Kent and Altus Traffic Management, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Altus Traffic Management, LLC organized under the laws of the State of Washington, located and doing business at 1002 Central Ave. N., Kent, WA 98032, Phone: (206) 878- 0221, Contact: Dennis Brewer (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall prepare traffic control plans for the S. 224th St. Project - S. 218th St. from 881h Ave. to 941h PI. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2018. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Eight Thousand Dollars ($8,000.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: The Vendor shall be paid after traffic control plans have been delivered and submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor 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. GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, ind. WSST) r A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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: A. The Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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 Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an GOODS &SERVICES AGREEMENT- 2 ($20,000 or Less, including WSST) I amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the GOODS &SERVICES AGREEMENT- 3 ($20,000 or Less, including WSST) City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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. Vendor 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. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 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 Vendor 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 Vendor's part, then Vendor 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 Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. GOODS &SERVICES AGREEMENT- 4 ($20,000 or Less, including WSST) XII. INSURANCE. The Vendor 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. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor 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. XIV. 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 Disoutes 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 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 XI 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 Vendor. 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 Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified In Chapter 42.56 of the Devised Code of Washington and documents, notes, emalls, and other records prepared or gathered by the Consultant In its performance of this Agreement may be subject to public reviewer and disclosure, even if these records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 1 City Business License Reoeired. 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. 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 farce 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 Bast date entered below, All acts consistent 'with the authority of this Agreement and prier to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. E OR: CITY OF KE T: By. signatu e) ( ignature) Print game: a Print Name: Timothy LaPorte, P.E. Its: Its Public Works Director DATE: 9 ;) — DATE: - A0 NOTICES TO BE SENT TO-. NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Dennis Brewer Timothy J. LaPorte, P.E. Altus Traffic Management, LLC City of Kent 1002 Central Ave. N. 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 (206) 878-0221 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) Altus-224"J lnemin GOODS &SERVICES AGREEMENT- ($20,000 or Less, including WSST") DECLARATION CITY OF KENT 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: 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 ail 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. S. 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: For: IAL�g� Title: kz-_J�- Date: Z' ' rj:;� EEO COMPLIANCE DOCUMENTS - 1 of 3 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. 1. 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 of 3 CITY OF KENT 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 of 3 EXHIBIT ARus Traffic Management Proposal To Oty of Kemt Stephen Upooln Prepared by:tvtaChew Hitchcock ALTUS Late January 15,2g18_ Project 224th SI Phase 2 p!gposaf Number. as OW �Uaaitwe $away eta FCC' Traffic Ccradpaar FFw Dedq7 80 00 Fbgo $ 100.00 S 8,000m' .n Total Price S ft,pyUlyy adarYaw ,trdcuwitx IrstlPrca"m r,udvr."l..a sv ,�dr "Ira,,. r"�mds awu'rtrFiamm�rnr"tdc ,vrrbr�P r�wrr�ar rf, _..., wa�adrtk dr�Iras�a���Irrmvruar�a�aBr�u�r"wvJ�d w�r�+dn�r���' �,�✓saam�a�i�C a��aswe I . .., ,,,,, ,,,, ,, ,, ;;,n.___ ,,,.,, ��*�a�gtrFSwas FRkFyr�s✓sr nwrw✓mwrxarrm l�ereCuxrmldr✓ro^ r,�a-n,.„r'.m`plyd rmpwm°!r5g1sw„,Furbid d �r,rc'stladPuDr rwrlir rt rrrM,rtr;fr Padwru"vra r¢r'r:a¢aaadol.ur d'r,>Fwr Ylru, ;adloa era _ rnmPrawvaw"a�war�wr R'r✓aaraurrratuv+.rr I»`d"£' ,�Mwwx* fawn Ac.1,ftaw�ultxcwol w9rroduwerJtCud�rm".�rwwn77 w�^diwrrrr,�airr�w"Frs+rJw;r��n,x"rk��, aarwr rBB J..... 6ya,2raserrg Kr7 aerrf a7lvnnirag rUlus Traffic FdanaggnwrB,(1.C"Al a,Pcieotmw OrrAr a Cearttreral anaa'wWaach trey iradur�the d�and lmsdrag'rwavl W'mlurPn".Mra�K ttm Custorrar and w CwrraCw'>5a"' dr d✓a haflwa'rxt . 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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. 2. 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. 3. 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. EXHIBIT B (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 ANII. 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. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDFYYYY) 02/0612018 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(i'es)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT E• ___..._............ ___..__....___..___._..—. East Coast Global Insurance LLC _PHONE t)J§ �. 22 sss FAX Nc,,)J' 971_...____.... 340 Central Avenue E-MAIL ADDRESS: marcwa@ecgillc,com Suite 204 pNSIJRER{SlAFFORDINgCOVgR(LGE_ ._ NAIC4 Dover NH 03820 --_— -.. INSURER A: National Fire&Marine Insurance Com an 20079 INSURED INsaaERa: erty23043_ — Lib Lib _.._...........mm-_.... .. P y Altus Traffic Management LLC INSURER C: Texas Mutual Insurance Co 22945 511 Compton Ave INSURER_D.- Lloyds of London Irving TX 75061 INSURERS 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE �ADDLISUBki WvD POLICY NUMBER POL ICY EFF MMQDIYYYY)1 POLICY EXP MMIDDIYYYYI LIMITS .X � COMMERCIAL GENERAL LIABILITY CH OCCWRRENCE� S 1,000 000 _ -..._ A CLAIMS-MADE L"`. ..7 OCCUR ..DAMAGE TO RENTED[���. 5 100 000 A EMISES_(Ea cccut� ..........._............ .., x Stop ppp x, x 42-GLO-303787-01 0611412017 0611412018 MFD EXP An one arson S 10,000 ..__.... .... _.. _..,.. -PERSONAL&ADVINJURY�S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S.2,000,000 POLICY x PRO- JECT 17 LOC PRODUCTS,-C6MPlOP'AG S 2,000,000 OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X...., ANY AUTO BODILY INJURY(Per person.) 5 OWNED SCHEDULED... x x, AS6-Z11-261615-017 ''..06114/2017 0611412�018 BODILY INJURY(Per acodent)W S -. AUTOS ONLY ...... AUTOS HIRED NON-OWNED PROPERTY DAMAGE S .._.... AUTOS ONLY AUTOS ONLY ?:La=Ldent) S A my EXCESS EXCESS OCCURRENCE OCCUR EACH LIAB LA LIAB x CLAIMS-MADE X x 42-UMO-303786-01 06114/2017 06/1412018 AGGREGATE S 10,000,000 s 10,000,000 DED I RETENTIION 55 WORKERS.COMPENSATION X PER OTH YIN AND EMPLOYERS'LIABILITY IAIUTE_ -T{ ........ ... .. _,_ ANY PROPRIETORIPARTNER)EXECUTI/E E.L.EACH ACCIDENT S 1,.000,000 C OFFICERIMEMBER EXCLUDED ® NIA X 0001308343 0612212017 06P2212018 (Mandatory in NH) E.L,DISEASE EA EMPLOYEE 'S 1,.000,000 If yes,describe under ..,..._. ....,._ . ...._,_. _.,.._..._.._........_.._.._..._ DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT S 1,000,000 D Professional Liability PGIARK05621 1012212017 1002212018 $2M each occ $2M aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VE141CLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) City of Kent is named as an additional insured'on all policies except Professional Liability. Thiry(30)day written notice of cancellation is required. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF„ NOTICE WILL BE DELIVERED IN 400 West Gowe ACCORDANCE WITH THE POLICY PROVISIONS. ('Cent,WA 98032 AUTHORIZED REPRESENTATIVE eTF> @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 0210612.018 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT .NAME: East Coast Global Insurance LLC � .L0603)842-5968 _ Arc N�o1:L6a3)842 5971 340 Central Avenue E-MAIL marcw ec illc.com ADDRESS: a Suite 204 _._. GNSURER ]AFFORDING COVERAGE NAIL d Dover NH 03820 INSURERA: National Fire&Marine Insurance Company 20079 INSURED INSURERB: Liberty Mutual insurance Company..._............. ......m_ 23043 mm mm Altus Traffic Management LLC INSURER C: Texas Mutual Insurance Co 22945 ....... ......_... _ 511 Compton Ave INsu�RB..[T Lloyds of London Irving TX 75061NsuEtz,. - 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE , . POLICY NUMBER r POLICY EFF POLICY EXP ,.. _..., LIAR&TS,,,,,,,,,,,,,,,,,,,,,,,,,,,, ADDLSUBR x...,„COMMERCIAL,GENERAL LIABILITY EACH OCCURRENCE S 1,000,0'00 [DAMAGE TO RENTED A j CLAIMS-MADE OCCUR E.S-(Eanecuer2ncai____ S,100 000 _x.m.. Stop Gap x x 42'-GLO 303787 01 06114/2017 p6f1412ti118 MED EXP(A y oce person) s 10,000 --- — PERSONAL&ADV INJURY s 1,000,0010 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $2 000 000 POLICY x PRO JECT E LOC PRODUCTS.-COMPIOP AGO ms,2,000,000, OTHER: aINGLE LIMIT AUTOMOBILE LIABILITY Eaaccideat)CMMNED S s 1,000,000 B X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS x x AS6-Z11-261615-017 06/1412017 06/14/2018 S=LY INJURY(peraccldert) s -.--. , ...... ,,,, HIRED NON-CWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY (P-e�accadari S X UMBRELLA LIAR. .. X OCCUR EACH OCCURRENCE 5 10 000,000 A EXCESS LIAR CUAW8-MADE x x 42-UMO-303786-01 06/14/2017 06/1412018 AGCREUAT=.. s 110,000,000 ... m. ... ._ ..._ . .... .._._w........ ... DED RETENTION$ I' S WORKERS COMP ENSATHON X PER OTH- AND EMPLOYERS"LIABILITY ANY PRCPRIETORIPARTNERIEXECUTIVE YIN E.G..EACH ACCIDENT $ 1,000,000' _ C OFFICER/MEMBER EXCLUDED? ® N)A x 0001308343 06/22/2017 06/2212018 (Mandatory in NH) E,L DISEASE-EA EMPLOYEE S 1,000,000 If yes,deschbe under 1 1,000,000 DESCRIPTION F OPERATIONS hefcw F.L DISFASE-POLICY LIMIT S 1 D Professional Liability PGIARK05521 10/2212017 10/2212018 $2M each occ $2M aggregate DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (ACORD 101,Additional Remarks Schedule,may he attached it more space is required) City of Kent is named as an additional insured on all policies except Professional Liability. Thiry(30)day written notice of cancellation is required. CERTIFICATE HOLDER CANCELLATION City Of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 West Gowe ACCORDANCE WITH THE POLICY PROVISIONS, Kent,WA 98032. AUTHORIZED REPRESENTATIVE eTF> Cc?1988-2015 ACORD CORPORATION. All rights reserved.. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Berkshire Hathaway Specialty Insurance ENDORSEMENT This endorsement, effective 12:01AM: 06/14/2017 Forms a part of Policy No.: 42-GLO-303787-01 Issued to: Altus Traffic Management LLC By: National Fire & Marine Insurance Company ill 1 mill I mi IS i 11 1 ill! n giiii mql��l 1p�gil!i�i MENNEN= A,1)1)111()N/11(,Ld I NS k J Pt' F 1 1) 14t,S, L,E S SE lE E S 0 R 11,1111,GArS I ZA31 0 N THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY POLICY PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Any such person or organization but only to the extent required by a written contract executed prior to the "occurrence" or offense, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11—Who Is An Insured is amended to However: include as an additional insured the person(s) or 1. The insurance afforded to such additional organization(s) shown in the Schedule, but only insured only applies to the extent permitted by with respect to liability for"bodily injury", "'property damage" or"personal and advertising law;and injury" caused, in whole or in part, by: 2. If coverage provided to the additional insured 1. Your acts or omissions;or is required by a contract or agreement,the insurance afforded to such additional insured 2. The acts or omissions of those acting on your will not be broader than that which you are behalf; required by the contract or agreement to in the performance of your ongoing operations for provide for such additional insured. the additional insured(s)at the location(s) B. With respect to the insurance afforded to these designated above. additional insureds,the following additional exclusions apply: This insurance does not apply to "bodily injury" or property damage" occurring after: Page I CG 20 10 04 13 0 Insurance Services Office,Inc., 2012 Policy Number AS6-Z11-261615-017 Issued by The First Liberty Insurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. Newly Acquired or Formed Organizations II. Employees as Insureds III. Lessor-Additional Insured and Loss Payee IV. Supplementary Payments- Increased Limits V. Fellow Employee Coverage VI. Personal Property of Others VII. Additional Transportation Expense and Cost to Recover Stolen Auto Vill. Airbag Coverage IX. Tapes, Records and Discs Coverage X. Physical Damage Deductible-Single Deductible XI. Physical Damage Deductible- Glass XII. Physical Damage Deductible -Vehicle Tracking System XII1. Duties in Event of Accident, Claim, Suit or Loss XIV. Unintentional Failure to Disclose Hazards XV, Worldwide Liability Coverage-Hired and Nonowned Autos XVI. Hired Auto Physical Damage XVII. Auto Medical Payments Coverage Increased Limits XVIII. Drive Other Car Coverage-Broadened Coverage for Designated Individuals XIX. Rental Reimbursement Coverage XX. Notice of Cancellation or Nonrenewal XXI. Loan/Lease Payoff Coverage XXII. Limited Mexico Coverage XXIII. Waiver of Subrogation I. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy,the words you and your also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; B. Unless you notify us to add coverage to your policy,the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization;or 2. The end of the policy period,whichever is earlier; and C. The coverage does not apply to an "accident' which occurred before you acquired or formed the organization. AC 84 07 07 13 ©2013 Liberty Mutual Insurance.All rights reserved. Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS6-Z11-261615-017 Issued by The First Liberty Insurance Corp. II. EMPLOYEES AS INSUREDS Paragraph A.I. Who Is An Insured of SECTION II - LIABILITY COVERAGE is amended to add: Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. III. LESSOR-ADDITIONAL INSURED AND LOSS PAYEE A. Any 'leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any"leased auto" until the expiration date of this policy or until the lessor or his or her agent takes possession of the'leased auto"whichever occurs first. B. For any"leased auto"that is a covered"auto"under SECTION II-LIABILITYCOVERAGE,Paragraph A.1. Who Is An Insured provision is changed to include as an"insured"the lessor of the"leased auto".However, the lessor is an "insured"only for"bodily injury"or"property damage" resulting from the acts or omissions by: 1. You. 2. Any of your"employees'or agents; or 3. Any person,except the lessor or any"employee"or agent of the lessor,operating a 'leased auto"with the permission of any of the above. C. Loss Payee Clause 1. We will pay,as interests may appear,you and the lessor of the`leased auto"for"loss"to the covered "leased auto". 2. The insurance covers the interest of the lessor of the `leased auto" unless the "loss' results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor of a 'leased auto",we will obtain his or her rights against any other party. D. Cancellation 1. If we cancel the policy,we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. E. The lessor is not liable for payment of your premiums. F. For purposes of this endorsement,the following definitions apply: "Leased auto"means an"auto"which you lease for a period of six months or longer for use in your business, including any"temporary substitute"of such"leased auto". AC 84 07 07 13 ©2013 Liberty Mutual Insurance.All rights reserved. Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS6-Z11-261615-017 Issued by The First Liberty Insurance Corp. "Temporary substitute"means an "auto" that is furnished as a substitute for a covered "auto" when the covered"auto" is out of service because of its breakdown, repair, servicing, "loss"or destruction. IV. SUPPLEMENTARY PAYMENTS- INCREASED LIMITS Subparagraphs A.2.a.(2)and A.2.a.(4)of SECTION II-LIABILITYCOVERAGE are deleted and replaced by the following: (2) Up to$3,000 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 the actual loss of earnings up to $500 a day because of time off from work. V. FELLOW EMPLOYEE COVERAGE A. Exclusion B.5. of SECTION II - LIABILITY COVERAGE does not apply. B. For the purpose of Fellow Employee Coverage only, Paragraph B.5.of BUSINESS AUTO CONDITIONS is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. VI. PERSONAL PROPERTY OF OTHERS Exclusion 6. in SECTION II-LIABILITY COVERAGE for a covered"auto"is amended to add: This exclusion does not apply to"property damage" or"covered pollution cost or expense"involving"personal property"of your "employees" or others while such property is carried by the covered "auto". The Limit of Insurance for this coverage is$5,000 per"accident".Payment under this coverage does not increase the Limit of Insurance. For the purpose of this section of this endorsement, "personal property"is defined as any property that is not used in the individual's trade or business or held for the production or collection of income. VII.ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A. Paragraph A.4.a. of SECTION III-PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we will pay is increased to$50 per day and to a maximum limit of$1,000. B. Paragraph A.4.a. of SECTION III -PHYSICAL DAMAGE COVERAGE is amended to add the following: If your business is shown in the Declarations as something other than an auto dealership,we will also pay up to$1,000 for reasonable and necessary costs incurred by you to return a stolen covered"auto"from the place where it is recovered to its usual garaging location. VIIIAIRBAG COVERAGE Exclusion B.3.a. in SECTION III -PHYSICAL DAMAGE COVERAGE is amended to add: This exclusion does not apply to the accidental discharge of an airbag. AC 84 07 07 13 ©2013 Liberty Mutual Insurance.All rights reserved. Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS6-Z11-261615-017 Issued by The First Liberty Insurance Corp. IX. TAPES, RECORDS AND DISCS COVERAGE Exclusion BA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or data electronic devices: (1) Are your property or that of a family member; and (2) Are in a covered"auto"at the time of"loss". The most we will pay for"loss"is$200. No Physical Damage Coverage deductible applies to this coverage. X. PHYSICAL DAMAGE DEDUCTIBLE- SINGLE DEDUCTIBLE Paragraph D. in SECTION III -PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: D. Deductible For each covered"auto",our obligation to pay for,repair,return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to`loss"caused by fire or lightning. When two or more covered"autos"sustain"loss"in the same collision,the total of all the"loss"for all the involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibles applying to all such covered"autos". XI. PHYSICAL DAMAGE DEDUCTIBLE - GLASS Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add: No deductible applies to'loss"to glass if you elect to patch or repair it rather than replace it. XII. PHYSICAL DAMAGE DEDUCTIBLE-VEHICLE TRACKING SYSTEM Paragraph D. in SECTION III- PHYSICAL DAMAGE COVERAGE is amended to add: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any 'loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. XIII.DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to: a. In the event of"accident',claim, "suit"or"loss",your insurance manager or any other person you designate must notify us as soon as reasonably possible of such"accident",claim, "suit"or'loss". Such notice must include: (1) How,when and where the"accident'or"loss"occurred; AC 64 07 07 13 ©2013 Liberty Mutual Insurance. All rights reserved. Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS6211-261615-017 Issued by The First Liberty Insurance Corp. (2) The"insured's"name and address; and (3) To the extent possible,the names and addresses of any injured persons and witnesses. Knowledge of an "accident", claim, "suit" or "loss" by your agent, servant or "employee" shall not be considered knowledge by you unless you,your insurance manager or any other person you designate has received notice of the"accident", claim, "suit"or"loss"from your agent, servant or"employee". b. Additionally,you and any other involved "insured"must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's"own cost. (2) Immediately send us copies of any request,demand, order, notice,summons or legal paper received concerning the claim or"suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the"suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2.in SECTION IV-BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However,you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery XV.WORLDWIDE LIABILITY COVERAGE-HIRED AND NONOWNED AUTOS Condition B.7. in SECTION IV-BUSINESS AUTO CONDITIONS is amended to include the following: For"accidents"resulting from the use or operation of covered "autos"you do not own,the coverage territory means all parts of the world subject to the following provisions: a. If claim is made or "suit" is brought against an "insured" outside of the United States of America, its territories and possessions,Puerto Rico and Canada,we shall have the right,but not the duty to investigate, negotiate, and settle or defend such claim or"suit". If we do not exercise that right, the "insured" shall have the duty to investigate,negotiate,and settle or defend the claim or "suit" and we will reimburse the "insured" for the expenses reasonably incurred in connection with the investigation,settlement or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The "insured"shall provide us with such information we shall reasonably request regarding such claim or "suit"and its investigation, negotiation, and settlement or defense. The "insured" shall not agree to any settlement of the claim or "suit"without our consent. We shall not unreasonably withhold consent. AC 84 07 0713 ©2013 Liberty Mutual Insurance.All rights reserved. Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS6-Z11-261615-017 Issued by The First Liberty Insurance Corp. b. We are not licensed to write insurance outside of the United Statesof America,its territories or possessions, Puerto Rico and Canada. We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto insurance. Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This insurance does not apply to such fines or penalties. XVI. HIRED AUTO PHYSICAL DAMAGE If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A. We will pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private passenger type hired without an operator for use in your business: 1. The most we will pay for coverage afforded by this endorsement is the lesser of: a. The actual cost to repair or replace such covered"auto"with other property of like kind and quality; or b. The actual cash value of such covered "auto"at the time of the"loss". 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total'loss". 3. If a repair or replacement results in better than like kind or quality,we will not pay for the amount of the betterment. B. For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be reduced by any deductible shown in the Declarations that applies to private passenger "autos"that you own. If no applicable deductible is shown in the Declarations, the deductible will be$250. If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsement does not apply. C. Paragraph AA.b. of SECTION III -PHYSICAL DAMAGE COVERAGE is replaced by: b. Loss of Use Expenses For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an "insured"becomes legally responsible to pay for loss of use of a private passenger vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (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". AC 84 07 0713 ©2013 Liberty Mutual Insurance. All rights reserved. Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS6-Z11-261615-017 Issued by The First Liberty Insurance Corp. However, the most we will pay under this coverage is$30 per day, subject to a maximum of$900. XVII.AUTO MEDICAL PAYMENTS COVERAGE- INCREASED LIMITS For any covered"loss",the Limit of Insurance for Auto Medical Paymentswill be double the limit shown in the Declarations if the"insured"was wearing a seat belt at the time of the"accident".This is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds", premiums paid, claims made, or vehicles involved in the "accident". If no limit of insurance for Auto Medical Payments is shown on the Declarations,this paragraph Section XVI1 of this endorsement does not apply. XVIII, DRIVE OTHER CAR COVERAGE-BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS A.This endorsement amends only those coverages indicated with an"X"in the Drive Other Car section of the Schedule to this endorsement. B.SECTION II -LIABILITY COVERAGE is amended as follows: 1. Any"auto"you don't own, hire or borrow is a covered"auto" for Liability Coverage while being used by any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or her spouse while a resident of the same household except: a. Any"auto"owned by that individual or by any member of his or her household; or b. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2. The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her spouse, while a resident of the same household, are "insureds" while using any covered "auto" described in Paragraph B.1. of this endorsement. C.Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as follows: The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her "family members"are"insured"while"occupying"or while a pedestrian when struck by any"auto"you don't own except: Any"auto" owned by that individual or by any"family member". D.SECTION III-PHYSICAL DAMAGE COVERAGE is changed as follows: Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in the Drive Other Car section of the Schedule to this endorsement or his or her spouse while a resident of the same household except: 1. Any"auto"owned by that individual or by any member of his or her household; or AC 84 07 07 13 ©2013 Liberty Mutual Insurance. All rights reserved. Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS6-Z11-261615-017 Issued by The First Liberty Insurance Corp. 2. Any"auto"used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E. For purposes of this endorsement, SECTION V-DEFINITIONS is amended to add the following: "Family member" means a person related to the individual named in the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. XIX. RENTAL REIMBURSEMENT COVERAGE A. For any owned covered"auto"for which Collision and Comprehensive Coverages are provided,we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered"auto".No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the"loss" and ending with the earlier of the return or repair of the covered"auto", or the exhaustion of the coverage limit. C. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred; or 2. $30 per day with a maximum of$900 in any one period. D. This coverage does not apply: 1. While there are spare or reserve"autos"available to you for your operations; or 2. If coverage is provided by another endorsement attached to this policy. E. If a covered"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 expenseswhich is not already provided for under Paragraph AA.Coverage Extensionsof SECTION III— PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section VII of this endorsement. XX.NOTICE OF CANCELLATION OR NONRENEWAL A. Paragraph A.2. of the COMMON POLICY CONDITIONS is changed to: 2. We may cancel or non-renew this policy by mailing written notice of cancellation or non-renewal to the Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non-renewal Schedule: a. For reasons of non-payment, the greater of: (1) 10 days; or (2) The number of days specified in any other Cancellation Condition attached to this policy; or b. For reasons other than non-payment, the greater of: AC 84 07 07 13 O 2013 Liberty Mutual Insurance. All rights reserved. Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS6-Z11-261615-017 Issued by The First Liberty Insurance Corp. (1) 60 days; (2) The number of days shown in the Cancellation and Non-renewal Schedule; or (3) The number of days specified in any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non-renewal. B. All other terms of Paragraph A. of the COMMON POLICY CONDITIONS,and any amendments thereto, remain in full force and effect. XXI. LOAN/LEASE PAYOFF COVERAGE The following is added to Paragraph C. Limit of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total 'loss" to a covered "auto" of the private passenger type shown in the schedule or declarations for which Collision and Comprehensive Coverage apply,we will pay any unpaid amount due on the lease or loan for that covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the 'loss'; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties,Credit Life Insurance,Health,Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of$1500 for each covered"auto". XXII. LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICOARE SUBJECT TO THE LAWS OF MEXICO ONLY-NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSEAS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENTTHIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. AC 84 07 07 13 ©2013 Liberty Mutual Insurance. All rights reserved. Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS6-Z11-261615-017 Issued by The First Liberty Insurance Corp. A. Coverage 1. Paragraph BY.of SECTION IV- BUSINESSAUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The"accidents"or"loss"occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.S. Other Insurance in SECTION IV-BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico,we will pay for such "loss" in the United States. If the covered"auto"must be repaired in Mexico in order to be driven,we will not pay more than the actual cash value of such "loss"at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto"is not principally garaged and principally used in the United States. 2. To any"insured"who is not a resident of the United States. XXIII.WAIVER OF SUBROGATION Paragraph A.S. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident', to waive rights of recovery against such person or organization. AC 84 07 07 13 ©2013 Liberty Mutual Insurance. All rights reserved. Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS6-Z11-261615-017 Issued by The First Liberty Insurance Corp. Schedule Premium Liability Included Physical Damage Included Total Premium Included V. Fellow Employee Schedule of Employees: Not Applicable XVIII. Drive Other Car LIAB MP UM UIM COMP COLL Name of Individual Not Applicable XX. Notice of Cancellation or Nonrenewal Name and Address Number of Days 45 This endorsement applies in all states except: FL, HI, KS, NY, VA AC 84 07 07 13 ©2013 Liberty Mutual Insurance.All rights reserved. Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission.