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PW18-157 - Original - Historical Research Associates, Inc. - Lower Russell Road Levee - 04/17/2018
KENT Kecords Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to SUbmission to the City Clerks Office. All portions are to be con'ip fete d. If you have questions, please contact the City, Clerk's Office at 253-856-5725. El Blue/Motion Sheet Attached El Pink Sheet Attached Vendor Name: Historical Research Associates, Inc. ............ Vendor Number (JDE): Contract Number (City Clerk): Category: Contract Aqreement Sub-Category (if applicable): Project Name: Lower Russell Road Levee Contract Execution Date: 4/17/18 Termination Date: 12/31/18 Contract Manager: Toby Hallock Department: PW: Engineering Contract Amount; $15,313.00 Approval Authority: :'" Director El mayor F-1 City Council Other Details: Conduct a Cultural Resources Inventory for the Project. • KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Historical Research Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Historical Research Associates, Inc. organized under the laws of the State of Montana, located and doing business at 1904 Third Ave., Suite 240, Seattle, WA 98133, Phone: (206) 343-0226, Contact: Lynn Compas (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall conduct a Cultural Resources Inventory for the Lower Russell Road Levee project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifteen Thousand, Three Hundred Thirteen Dollars ($15,313.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'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 Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including 'all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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 VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code, CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by Fax--o. r 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 cleiiver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person, IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below, All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: By: By: CX11ri 5 gn lure) (signature) Print Name: I—%)AA �Qmms Print Name: Timothy J, LaPorte, P.E. Its: 5f. vr-'1j.A!g-o42 4 'IS A4 SI Its: loefJx Public Works Director (title) DATE: DATE: q 7Li e, NOTICES TO BE SENT TO, NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lynn Compas Timothy J. LaPorte, P.E, Historical Research Associates, Inc. City of Kent 1904 Third Ave., Suite 240 220 Fourth Avenue South Seattle, WA 98133 Kent, WA 98032 (206) 343-0226 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) :a A I Kent City Clerk HFLA-Lower Russell Rd LeveeHallock CONSULTANT SERVICES AGREEMENT- 5 ($20,000 or Less) i 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 all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: 'LIA ) For: 14 RA Title: Sr. Archaeologist Date: 4/12/2018 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 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 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 EXHIBIT A HISTORICAL RESEARCH AsSOCIATES, INC, Scope of Work (Cultural Resources Inventory for the RUSS& Road Properties, City of Kent, King, County, Washington I listarical Research Associme, Ina (HRA) h pleased to lace Ade be Mowing suye of work (SOVI for CLOW resources scrviccs to the (My of Kent for As Russell Rd. Pnopertics Mcoration projea Trolct). 11c Putwi is Nxnwd in be Oty of Kent, King (','ounty,Washington or, two Immels PON20 001 1 mid M(620-M)17) east &-Russell Rd. The City of Kent proposcs to remove all buddh%s (m 1v two parcels is part of its site restoration actnivides. Parcel 1)M620-001 1, ineiriously known as be S&M, 1�iny hart,inCILACS five builclingE at house Previms" damaged by fire mW (MW[dhigs including garage, shcdq and barn. Parcel(11006M- 0017 includes a sirtoc home and garage. Since the proper, used n) be a firm there is aim) the pwhbiliq that it is part of an agricultural landscape. Funding for the project is ex1rected to include local (Gty c)fKcno funds- ThcmArq dw Prymt requires review under SEPA and cornpliance with Revised (,ode of Washington (RCW) 27.44 (human rernains) and R.CVY 27.53 (MI&COJOWCal MULMMS) is requied, 1.0 Project Approach The Proposed area of impaus fell) for this PnQcct inchidu appodmady 23 acres;;,inclusive of but parcels. Initial research suggests that all Imoddings located within the pnqumed Ad sue older than 50 years and require survey mid ("alllation f(-cligibilil to the WNW Regisier of Historic Places (14111 IP). One resource, the Dwrak Barn,is suspected at qualify for listing in the NRI lll. HRA will research to provide Widarme Aw Rurc neament options Or dic Moak Barn. At this time it is riot known whMer ()T- not -Irchle0logical work %vill be required; therefore, I IRA is proposing all of the archaeological w,wk as scimrwe opthrrml tasks YK I IRA pmTons be RAhwhIg tasks for the A.rchitectural Survey: Task 1 Background and Archival Research For Architecture HRA staff will conduct a records search using the Department of Archaeology and Historic ])reservation's (DAIIP) V ashington Information System for Architectural and Archaeological Records Data (\X/]SAAIZD) wcb portal to determine what previous studies have been conducted in and near the Al. 'Phis research will identify previously recorded architectural resources in the project vicinity. HRA staff will conduct additional background research in HRH's cultural resource reference library and other repositories as needed. Information obtained from these repositories will help to establish the historic:context section of the survey report. Task 1 Health and Safety Plan (HASP) Prior to initiating field work, IIRA's Health and Safety Coordinator will prepare a Health and Safety plan to be followed by the architectural field crew while in the field.The. plan will also be applicable to archaeological field crews if the optional tasks are initiated. Task 3 Architectural Resources Survey and Inventory Preliminary research suggests that seven (7) buildings and one (1) agricultural landscape are located within the proposed Al that are of an age to be evaluated for listing in the NRHP. All seven built resources arc proposed for potential demolition,and none of these resources has yet been recorded on historic property inventory (I IPI) forms in WfSAARD. Since the buildings .will be demolished, I IRA proposes to cotplete an intensive-level survey of all 9 architectural resources located within the proposed Al and to evaluate all of them for eligibility to the NRIIP under all criteria. IIPA recommends that no survey of adjacent parcels is required at this time,as surrounding parcels will be subject to indirect impacts only,and impacts to adjacent resources appear to be minimal or non- existent.The parcel to the north of the Al is vacant; the parcel cast and south of the AI is the site of the City of Kent's Green Rivcr Nursery,constructed in 1999.West of the Al is the Green River. To complete the survey and inventory, l 1R,-Vs architectural historian will carry out fieldwork for the project according to DAI IP survey and evaluation guidelines and requirements. fieldwork tasks will document each resource's physical characteristics, noting materials, design, and workmanship;assess each resource's significance and integrity; and provide sufficient data to evaluate each resource for eligibility to the NRI-IP. Field data will include field notes and digital photographs of all visible building elevations and accessible interiors,where appropriate. As required by DAI 11), HIZA will complete up to 8 IIPIs for the architectural resources. Cultural Resources Survey, City of Kent, King County, Washington March 21, 2018 2 Task 4 Architectural Resources Technical Report The goal of I IRA's resulting survey report is to document the project's A1; to describe the specifications of the proposed Project; to describe the architectural resources subject to direct and/or indirect impacts within the propose A1; to then assess whether proposed activities with the. Al will adversely impact there;and to provide recommendations as to the best way to avoid, minimize,or mitigate potential adverse impacts to significant resources. Additionally, if appropriate and at the request of the City of Kent, HRH's technical report will include a section on possible preservation/treatment options for eligible historic-period resources. This report will be prepared to meet DAHP guidelines. A draft of the report'Aril] be submitted to the City of Kent for comment in electronic format (Adobe pdo. Once finalized, I IRA will submit an electronic final Report for submittal to DAIIP. I IRA assumes submittal of no more than one draft report and no more than one round of subsequent revisions.The report will include: • A description of the Project and applicable laws and regulations; • A summary of the results of the background literature and records research; • The methods used during fieldwork and the results; • .A description of any cultural resources identified and documented; • A summary assessment of potential impacts to any historically significant resources based on our knowledge of the resource type and extent to which the proposed project may affect the resource; • IIRA's recommendations for completion of any additional cultural resources compliance obligations stemming from the results of our study; • HRA's recommendations regarding potential preservation/treatment options for the Dvorak Barn; • A summary of project procedures that should be followed in the event of an unanticipated discovery of buried cultural materials or human remains during demolition or restoration activities; • References cited;and • Historic property inventory forms for all documented historic resources. The report will include such tables, maps,photographs,and other graphics as are needed to depict the scope of the study and results. Cultural Resources Survey, City of Kent, King County, Washington March 21, 2018 3 I IRA staff will be available for teleconferences with the City of Kent, DAF411,or other entities identified by the Cite as necessary,regarding the project and our findings. hIR.A proposes the following optional tasks for the archaeological survey if it becomes necessary: Optional Task 5 Background and Archival Research For Archaeology HRA staff will conduct a records search using the Department of Archaeology and Historic preservation's (DAI-11') Washington Information System for Architectural and Archaeological Records Data(WISr1ARD)web portal to determine what previous archaeological studies have been conducted in and near the Al. This research will identify previously recorded archaeological resources in the project vicinity. I II(A staff will conduct additional background research in HRH's cultural resource reference library and other repositories as needed. Information obtained from these repositories will help to establish the context for potential archaeological resources in the vicinity as well as sources for the prehistoric and historic context sections of the survey report. Background research may also include review of previous geoteehnical investigations and existing data. Optional Task 6 Utility Locates As of January 1, 2013, the State of Washington requires that consultants/contractors call for utility locates prior to conducting fieldwork. In some cases, this may require a field visit to mark out the area requiring utility locates. I IRA anticipates that the City of Kent will meet the utility locators to unlock the gate and allow for them to mark out the utilities in the area. Optional Task 7 Archaeological Survey I IRA will conduct an archaeological pedestrian inventory- and shovel probing with in the parcels. Pedestrian survey transects will be 20 meters (m) apart where feasible. Narrower transects may be used according to the judgment of the Geld supervisor.The archaeologists will seek out and examine all ground exposures for evidence of subsurface features and/or cultural materials. All survey areas will be plotted on a U.S. Geological Surrey (I)S(;S) quadrangle map at a scale appropriate to the size of the survey area or recorded using a Global Positioiung System ((YPS) instrument. Subsurface excavations will consist of the excavation of up to Iwcnty 30-40 centimeter (cm) diameter shovel probes (SPs) to depths of I rn followed by auger probe excavation to the greatest depth possible (generally 2.5 to 3 m below ground surface). Placement of SPs and auger probes will be determined by the field supervisor and will be contingent upon the proposed project design, information from the background research,and conditions in the field. All excavated sediments will be screened through 0.25-inch mesh to identify any small cultural items that may be present.The Cultural Resources Survey,City of Kent, King County,Washington March 21, 2018 4 identification of any subsurface cultural materials in a single SP will result in the excavation of up to four additional SPs in cardinal directions at a distance of 5 m to determine resource boundaries. All SPs will be completely backfilled and their locations will be plotted onto a project map and recorded using the GPS instrument. field crew will take and record overview photographs of representative soil profiles in SPs. If archaeological materials are found, they will be described, illustrated, and photographed in the Field but not collected. To the extent possible, they will be identified as to type,material, function, and cultural and chronological association. All encountered temporally diagnostic archaeological materials will be documented on DAI IP archaeological inventory or and isolate forms, as appropriate. Draft archaeological site and isolate forms will be submitted to I)AI-IP for review and assignment of Smithso►uan"Trinomials for inclusion with the final Report deliverable. Site boundary polygons, the locations of all features, and all SP locations shall be recorded using GPS technology and on a site sketch map. Photographs will be taken to accompany the form and a sketch map will be prepared showing any intrasite resource patterns and the site in relation to the surrounding topography and developments. The attached cost estimate assumes that no more than one archaeological site or isolate will be recorded by this project. Optional Task 8 Archaeological Resources Technical Report The goal of I IRA's resulting survey report is to document the project's AI; to describe the specifications of the proposed Project; to describe the archaeological resources subject to direct and/or indirect impacts within the propose AI; and to provide recommendations as to the best way to avoid, minimize,or mitigate potential adverse impacts to the archaeological sites. This report will be prepared to meet DAHP guidehries. A draft of the report will be submitted to the City of Kent for comment in electronic format (Adobe pdt). Once finalized, H RA will submit an electronic Final Report for submittal to DAHP. HRA assumes submittal of no more than one draft report and no more than one round of subsequent revisions. The report will include: • A description of the Project and applicable laws and regulations; • A summary of the results of the background literature and records research; • The methods used during fieldwork and the results; • A description of any archaeological resources identified and documented; • I IRA's recommendations for completion of any additional cultural resources compliance obligations stemming from the results of our study; Cultural Resources Survey,City of Kent, King County, Washington March 21, 2018 5 • A summary of project procedures that should be followed in the event of all unanticipated discovery of buried cultural materials or human remains during;demolition or restoration activities; • References cited;and • Archaeological Site forms for all documented archaeological sites. The report will include such tables,maps, photographs, and other graphics as arc needed to depict the scope of the study and results. Depending on the flirting of the studies, the archaeological report maybe combined with the architectural report. 2.0 Schedule HRA staff can initiate the first task of the Project (background and archival research) within five (5) business days of written notice to proceed (NTP) and acceptance of this SOW and Cost Estimate from the City of Kent (c-mail NTP is acceptable). Tasks Two and"Three will be scheduled to begin within ten (10) business days of the completion of background research. Preparation of the Architectural Resources Technical Report,including compilation of the project results,will be completed within twenty (20) business days of completion of the fieldwork. f IRA will produce a final report within ten (10) business days of receipt of comments on the draft report. The schedule for the optional tasks will be determined if they become necessary to complete. belays to this schedule resulting from the actions or inaction of other parties cannot be I IRA's responsibility, 3.0 Cost Proposal HRA proposes to conduct the architectural inventory (!'asks 1-4 described in Section 1.0) on the schedule presented in Section 2.0 for a cost of$8,016.00 (including administration tune),applied on a time and materials basis (see attached spreadsheet).The optional tasks 5-8 will be completed for a total of$6,698.00,applied on a rime anti materials basis. These figures assume that: • The City of Kent will be responsible for all formal consultation urith DAHP and affected Tribes; • No more than 8 architectural resources will need to be surveyed and evaluated at an intensive-level in one (1) day using one (1) 1IRA Architectural I listorian from IIRA's Olympia office; • Up to 20 shovel probes ,xrill be excavated if the optional tasks are authorized; Culturat Resources Survey,City of Kent, King County, Washington March 21, 2018 6 • Teleconferences with the City of Kent, DAI IP,or other entities will not exceed two(2) hours over the term of the project; • The City of Kent unll provide a text description of the proposed project for HRA to use in its report; • The City of Kent will provide maps (GiS shapefilcs are preferred) of the.AI and design plans of the proposed project to[IRA in a format that can be adapted for use in its report; • Reporting will not include preparation of NEPA or SF:PA documentation; • Reporting will not include the preparation of agreement documents (e.g., Memoranda of Agreement); • If the project lasts beyond December 31, 2018, the remaining budget will be revised to reflect I IRA's annual change in rates. Cultural Resources survey, City of Kent, King County,Washington March 21, 2018 02@2 ! ® _ - -_, - § § ■ � � Saae � . , . � � . A - ! 7889 � £ § _ ■ � � - � � ] � � � U § | ° �! ■ ; � ] �! ■ � . � � ! � § !} , 2 � I% ■ J _ _ 2 � ! k!! ! \ \ \ Lo #- 2 � ■ ■ 271 § 3 \ 2990 ) f ) m | | Gq ! # B ! 2 = - aas ; azo � § . I § F7 c :9 c � ) ] \ 7 f � § - ■ m � �2k7 ! ; l ; , ; } ■ 42i � � 23 � i�% \ % � � ■ �� i ® � � � � 2 - - � £ �) ! § ! ■ k3 'Alk % ƒij ƒ ƒ ( �/ ) > � / ) fi EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 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 $1,000,000 each occurrence, $2,000,000 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. City of:Kent Business- License KENT wA3HONOTO% HISTORICAL RESEARCH ASSOCIATES INC I'O BOX 7086 MISSOULA,M'i'59807 Please tear at perforation: ------------------------------------------------ BUSINESS LICENSE Per use mu local sales agilusc tax must he coded LICENSE MUST BE PAID ANNUALLY BY No.1715 for all qualified JANUARY 1st'TO AVOID PENALTY sales within the city.of T Issuance License Docs Not Imply Licensee's KEN Kent' W A a H I N e T O% Compliance with State and LOW i,ows THIS LICENSE.MUST BE POSTED IN A CONSPICUOUS 2018 PLACE.NOT'TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS- BLOC-2171103 f�+ HISTORICAL.RESEARCH ASSOCIATES INC MAYOR 1904 3RDAVE STE 240 Tax Registration The`City�of Kent• SEATTLE,WA.98101 Endorsement M4204zttnvE80 KENT,WASHINOTON 99gj2• H RAH IST-01 CHYER ,d►�O'RD' CERTIFICATE OF LIABILITY INSURANCE DATE 04/16/201 YY) 04/16/2018 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(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 endorsements. PRODUCER CONTACT Candice Hyer ME Missoula Office PHONE FAX Paynewest Insurance,Inc. AIC,No,Extl: FAX JC,No): P.O.Box 4386 AIL ,chyer@paynewest.com Missoula,MT 59808 INSURERS AFFORDING COVERAGE NAIC q INSURER A:Charter Oak Fire Insurance Co 125615 INSURED INSURER B:Travelers Indemnity Company of Connecticut 125682 HRA Historical Research Associates INSURER C:The Travelers IndemnityCompany 25658 P.O.Box 7086 INSURER D:Darwin Select Insurance Co. Missoula,MT 59807 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 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 ADOL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _$ 1,000,000 CLAIMS-MADE [�] OCCUR X X 6805C5603281842 01/0112018 01/0112019 oAAMIAGE TMENTEDn $ 300,000 MED EXP(Any one rson $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 2,000,000 X POLICY PPE LOC GENERATE-CO PLOP $ 2,000,000 � T PRODUCTS-COMPlOP AGG $ OTHER: iWA Stop-Gap 1,000,000 B AUTOMOBILE LIABILITY COM BINED SINGLE_ LIMIT $ 1,000,000 n ANY AUTO X X BA3635W36518SEL 01/0112018 01/0112019 BODILY INJURY Perperson) $ X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY BODILY INJURY Per accident X AUTOS ONLY Ix AUUTOS ONLDY Pe0acaAen DAMAGE $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 5,000,000 EXCESSLIAB CLAIMS-MADE X X CUP703W52581842 01/01/2018 01/0112019 AGGREGATE 5,000,000 DED I X I RETENTION$ 10r000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN TA T• R ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICERIMEMBER EXCLUDED? NIA $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If es,descrlbe under D SCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT D Professional LIab. 03062472 01/01/2018 01/0112019 Occurrence 3,000 000 D Professional Liab. �03062472 01/01/2018 01/01/2019 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE: Lower Russell Road Levee Project General Liability Additional Insured primary&non-contributory per form CGD037(attached) Auto Liability Additional Insured per form CAT420(attached) 30 Day Notice of Cancellation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent,Washington THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Forth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE 1. ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i POLICY NUMBER: 680-5C560328-18-42 EFFECTIVE DATE: 01/01/2018 ISSUE DATE: 10/24/2017 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS IL TO 19 02 05 COMMON POLICY DECLARATIONS * IL TO 25 08 01 RENEWAL CERTIFICATE * MP TO 01 02 05 BUSINESSOWNERS COVERAGE PART DECLARATIONS * IL T8 01 01 01 FORMS ENDORSEMENTS AND SCHEDULE NUMBERS IL T3 16 05 12 COMMON POLICY CONDITIONS - WASHINGTON * IL TO 20 02 05 ADDITIONAL LOCATIONS BUSINESSOWNERS * MP TO 25 02 05 SPECIAL PROVISIONS - LOSS PAYEE * CP T9 62 07 11 LOSS PAYABLE PROVISIONS-WA MP T1 30 02 05 TABLE OF CONTENTS - BUSINESSOWNERS COVERAGE PART - DELUXE PLAN MP T1 02 02 05 BUSINESSOWNERS PROPERTY COVERAGE SPECIAL FORM MP T1 05 02 05 AMENDATORY PROVISIONS - OFFICES * MP T3 07 03 97 PROTECTIVE SAFEGUARDS ENDORSEMENT FOR SPRINKLERED LOCATIONS AND RESTAURANTS MP T3 25 01 15 FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE * MP T3 34 02 05 ELECTRONIC DATA PROCESSING - INCREASED LIMIT MP T3 50 11 06 EQUIPMENT BREAKDOWN - SERVICE INTERRUPTION LIMITATION MP T3 56 02 08 AMENDATORY PROVISIONS - GREEN BUILDING AND BUSINESS PERSONAL PROP COV ENHANCEMENTS CP 01 60 12 98 WASHINGTON CHANGES - DOMESTIC ABUSE MP T4 31 07 16 WASHINGTON CHANGES * CP T4 38 05 42 LENDERS' LOSS PAYABLE ENDORSEMENT COMMERCIAL GENERAL LIABILITY CG TO 34 11 03 TABLE OF CONTENTS - COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01 10 Ol CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG D2 55 11 03 AMENDMENT OF COVERAGE - POLLUTION CG D3 09 11 03 AMENDATORY ENDR- PRODUCTS-COMPLETED OPERATIONS HAZARD CG D4 71 01 15 AMENDMENT OF COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY * GN 01 13 11 03 EMPLOYERS OVERHEAD LIABILITY CG DO 37 04 05 OTHER INSURANCE - ADDITIONAL INSUREDS CG Dl 05 04 94 BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS CG D1 86 11 03 XTEND ENDORSEMENT CG D2 03 12 97 AMEND - NON CUMULATION OF EACH OCC * CG D2 47 08 05 ADDITIONAL INSURED (CONTRACTORS) *TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 0101 01 PAGE: 1 OF 3 i i POLICY NUMBER: 680-SCS60328-18-42 j EFFECTIVE DATE: 01/01/2018 ISSUE DATE: 10/24/2017 I COMMERCIAL GENERAL LIABILITY (CONTINUED) * CG T8 01 01 18 GENERAL PURPOSE ENDORSEMENT CG D4 13 04 08 AMEND COVG - POLLUTION-EQUIP EXCEPTION CG D2 56 11 03 AMENDMENT OF COVERAGE - PROPERTY DAMAGE CG D3 26 10 11 EXCLUSION - UNSOLICITED COMMUNICATION CG D3 56 05 14 MOBILE EQUIPMENT REDEFINED - EXCLUSION OF VEHICLES SUBJECT TO MOTOR VEHICLE LAWS CG D4 21 07 08 AMEND CONTRAL LIAB EXCL - EXC TO NAMED INS CG D6 18 10 11 EXCLUSION - VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS CG D7 46 01 15 EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION CG D1 42 01 99 EXCLUSION - DISCRIMINATION CG D3 37 02 05 PROFESSIONAL SERVICES EXCLUSION - LEGAL SERVICES CG F2 45 07 02 EXCLUSION - WAR - WASHINGTON CO T4 78 02 90 EXCLUSION - ASBESTOS co 26 61 10 01 MONTANA CHANGES - MEDICAL PAYMENTS CO F2 66 11 03 WASHINGTON CHANGES - EMPLOYMENT-RELATED PRACTICES EXCLUSION i CG F4 66 01 08 WASHINGTON CHANGES - WHO IS AN INSURED I I MULTIPLE SUBLINE ENDORSEMENTS j CO T3 33 11 03 LIMITATION WHEN TWO OR MORE POLICIES APPLY I COMMERCIAL INLAND MARINE * CM TO 07 01 88 PROPERTY FLOATER COVERAGE - DECLARATIONS CM TO 11 08 05 COMMERCIAL INLAND MARINE COVERAGE PART - TABLE OF CONTENTS CM 00 01 09 04 COMMERCIAL INLAND MARINE CONDITIONS CM T1 12 02 89 PROPERTY FLOATER COVERAGE - SPECIAL FORM CM T3 98 01 15 FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE CM T9 39 06 12 WASHINGTON CHANGES - VOLCANIC ACTION AND REPLACEMENT COST CM UI 00 06 14 WASHINGTON CHANGES INTERLINE ENDORSEMENTS * IL T4 00 12 09 DESIGNATED ENTITY - NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US IL T4 12 03 15 AMNNT COMMON POLICY COND-PROHIBITED COVG IL T4 14 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM IL T3 82 05 13 EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA IL 01 23 11 13 WASHINGTON CHANGES - DEFENSE COSTS I IL 01 25 11 13 COLORADO CHANGES - CIVIL UNION 'TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 0101 01 PAGE: 2 OF 3 I POLICY NUMBER: 680-SCS60328-18-42 EFFECTIVE DATE: 01/01/2018 ISSUE DATE: 10/24/2017 INTERLINE ENDORSEMENTS (CONTINUED) IL 01 29 12 16 MONTANA CHANGES - MORTGAGEHOLDERS IL 01 39 12 02 OREGON CHANGES IL 01 42 09 08 OREGON CHANGES - DOMESTIC PARTNERSHIP IL 01 57 07 02 WASHINGTON CHANGES - ACTUAL CASH VALUE IL 01 67 10 13 MONTANA CHANGES - CONFORMITY WITH STATUTES IL 01 69 09 07 COLORADO CHANGES - CONCEALMENT, MISREPRESENTATION OR FRAUD IL 01 73 07 02 WASHINGTON CHANGES - EXCLUDED CAUSES OF LOSS IL 01 80 09 07 MONTANA CHANGES - CONCEALMENT, MISREPRESENTATION OR FRAUD IL 01 98 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) POLICY HOLDER NOTICES * PN T4 54 01 08 IMPORTANT NOTICE REGARDING INDEPENDENT AGENT AND BROKER COMPENSATION * PN MP 57 04 17 IMP NOT PROT SAFEGUARDS SPRK AND REST PN MP 38 01 11 IMPORTANT NOTICE - JURISDICTIONAL INSPECTIONS *TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. 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Ln1 ' w Q x x 6d W W 0 PO t W Vl it 0toto � In 1 H M t?� EQ t~ COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury" or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However,if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph (1): ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C, EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II—COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are doomed to be cov- executed by you before the "bodily injury" or ered "autos"you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage. but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any"auto"that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION 11—COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE, CA T4 20 02 15 ^2015 Tne Travelers In(:emnii 7 Cor^oany A;!rngn!s reserved Page 1 of 3 Includes copyngwed waive-al of Insurance Stir nces Off cP Inr. .vih Is permission COMMERCIAL AUTO Any "employee" of yours is an "insured"while us• (2) An adjustment for depreciation and physical ing a covered"auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality. we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II— COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to S3,000 for cost of bail bonds (in- covered"auto". eluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. 2. The following replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- SECTION II —COVERED AUTOS LIABILITY rowed from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES—INCREASED LIMIT "insured" at our request. including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4,a„ Transportation Expenses. of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: We will pay up to $50 per day to a maximum of The following replaces Paragraph C.1. of SEC- S1,500 for temporary transportation expense in- TION I—COVERED AUTOS. curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered"auto"of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL 1. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- ble. of SECTION III — PHYSICAL DAMAGE If hired "autos' are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos' No deductible for a covered "auto" will apply to for Physical Damage Coverage. and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire. rent or The following is added to Paragraph AA.. Cover- borrow subject to the following'. age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to S400 for "loss" to wearing ap- (a) $50,0M parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured": and stolen property as of the time of the (2) In or on your covered "auto". "loss or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered"auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 T 20!5 The Trave:4rs:ncemmy Ccmpyv, All❑ghts reserved CA T4 20 02 15 Inc!udes copyrigntea malenn;<;r IIiSG'anCe JerviCeS OIf,Ce.frig Pnlh its pwm,ss.on COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the"loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; (late due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b. and A.1.c.. but (c) Security deposits not returned by the les- only: sor: a. If that "auto" is a covered "auto' for Compre- (d) Costs for extended warranties. Credit Life hensive Coverage under this policy: Insurance. Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; and lease; and C. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of S1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss'. L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer The following is added to Paragraph A.4., Cover- Of Rights Of Recovery Against Others To Us,of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Passenger Type Vehicles Others To Us In the event of a total"loss"to a covered "auto"of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss". pro- due on the lease or loan for such covered "auto' vided that the"accident" or"loss"arises out of less the following: the opera'ons contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that"auto': organization designated in such contract. and CA T4 20 02 15 2015 Tne Traveler,Ineemndy Com.oany Ail rights reserved Page 3 of 3 Includes copyrighted matenal of Insurance Services Office.Inc with ds permission