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HomeMy WebLinkAboutPW18-259 - Original - RH2 Engineering, Inc. - Kent Springs & Pump Station No. 4 -06/27/2018 ANT Records Management Document CONTRACT COVER SKEET Thus its to be completed by the Contract Manager prior to saubrnisslon to the City Clerk's Office,. All portnon s are to be conarapieted. 1f you have questfiorns, pl)ease contact the 0ty Clerk's Office at 2.5 -856-!5'725.. El Blue/Motion Sheet Attached ❑ Pink Sheet Attached Vendor Name: RH2 Engineering, Inc. Vendor Number (JDE): Contract Number (City Clerk): Category: Contract Agreement Sub-Category (if applicable) ClirY i�rn _____ Project Name: Kent Springs and Pump Station No. 4 Electrical & Standby Generator Upgrades Contract Execution Date: 6/27/18 Termination Date: 12/31/18 . ....... Contract Manager: Phil McConnell Department: PW: Engineering Contract Amount: $16,001.00 Approval Authority: ® Director ❑ Mayor ❑ City Council Other Details: Provide services during the rnnstru,ction of the„orp Pct. . ....... . - 1" w.e 1.o,.,. CONSULTANT SERVICES AGREEMENT between the City of Kent and RH2 Engineering, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and RH2 Engineering, Inc. organized under the laws of the State of Washington, located and doing business at 22722 29"' Dr. SE, Suite 210, Bothell, WA 98021, Phone: (425) 951-5358, Contact: Chris Roberts (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 provide services during the construction of the Kent Springs and Pump Station No. 4 Electrical and Standby Generator Upgrades 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 Sixteen Thousand One Dollar ($16,001.00), 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 B and C. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill uporr 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 represerbtations: 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 liabHity, 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 Consurltant'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 INp_USTPI; _ IN SURQNCE, 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 D 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. Re.cyc[,1a Be 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 Disradates ar d GQ0YJAl[IIg_L_ w. 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. rIU r_I_Notfte. 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. Y d fjci tion. 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. Hntire_Agc e r . 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. Connp ice_ v✓ith Lawry. 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. Busfrroess yiCer'e eq, pr 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. 1 / CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) (!I J,;10/vl_ � /U 1= B!0 K. Countgrp ,fr: and Sicg,rratuitQA,by by as'._Frna . This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITE OKENT By:t"t Print Name:L L- r L_tQ...�-✓� Print Name: Timothy ]. LaPorte, P.E, Its: ),X - r Its: Public Works Director (title) ,�'� ,.✓ / DATE:_.... 1,5 f DATE:' C / ✓ r C`�( _._ _._... NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Chris Roberts Timothy J. LaPorte, P.E. RH2 Engineering, Inc. City of Kent 22722 29" Dr. SE, Suite 210 220 Fourth Avenue South Bothell, WA 98021 Kent, WA 98032 (425) 951-5358 (telephone) (253) 856-5500 (telephone) N/A (facsimile) -(253) 856-6500 (facsimile) _ .. _1 __ ATTEST, Kent City CNerk PH2-Kent Springs r.P5 4 UMcConi it I CONSULTANT SERVICES AGREEMENT - S (s20,000 or Less) 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. For: lt�ol a .r r t, Title: % ( ' Date: 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 , __ 11111101__ 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 Scope of Work City of Kent Kent Springs and Pump Station No. 4 Electrical and Standby Generator Upgrades Services During Construction April 2018 Background This Scope of Work includes assistance by RH2 Engineering, Inc., (RH2) with specific services during construction (SDC)tasks, as directed by the City of Kent(City), during the construction of the Kent Springs and Pump Station No, 4 Electrical and Standby Generator Upgrades.The City will perform the majority of the SDC tasks for this project, This Scope of Work details the SDC tasks that will be performed by RH2 on an on-call basis. Task 1 — Services During Construction Objective: Review submittals and prepare submittal review responses during the construction of the project. Approach: 1,1 Review Submittals: Review and approve or reject, if necessary, the following submittals: • Earthwork, bases, and materials submittal packages for items covered under Divisions 2,4, 7, 8, and 9 of the "Kent Special Provisions;" • Generator structure design and materials; • Retaining wall structure design and materials; • Electrical submittal package for items covered under Division 16 of the technical specifications; • Pump control panel; Variable frequency drives; • Engine generator, and • Automatic transfer switch. Assumptions: RH2 will perform the work on an on-call basis as directed by the City. RH2 will only review the submittals requested by the City, as listed above, and will not be responsible for other items. If the City requests additional items to be reviewed, or if multiple reviews are required for the listed submittals, RH2 will use the contingency task in the attached Fee Estimate (Exhibit 8), up to the limit of the authorization. If additional time is required beyond the contingency, RH2 will request authorization to proceed from the City. Provided by City: • Copies of listed contractor submittals in electronic PDF or hardcopy print-out form. • City submittal review response form(s) for RH2 to complete. 1 4/27/201a 12:29 PM Z\aotha11\Dale\KEN\s40\2018 Kent Springs and Pomp Station No.45DC\P5n50WKeM SmIngs and Pomp Station No,4 SDC.doax City of Kent Exhibit A Kent Springs and Pump Station No. 4 Upgrades Services During Construction Scope of Work RH2 Deliverables: Submittal review response forms (City format) and necessary submittal mark-ups In electronic PDF. Copies will be provided to the City; the City will then forward responses to the contractor. Task 2 —on-Call Support Contingency Objective: Provide on-call construction support services during construction of the project. Approach: 2.1 Respond to Technical Questions from the City: Provide discussion, via telephone or email, with the City to respond to questions that arise during project construction and testing. 2.2 Review and Respond to Requestsfor Information(RFIs)Submitted bythe Contractor:Provide review and responses to RFIs submitted by the contractor to the City. 2.3 General Contingency: Provide additional technical support during construction, testing, and startup not listed in this Scope of Work as requested by the City. Assumptions: RH2 will respond to technical questions and RFIs as supplied by the City and provide services under general contingency up to the fee amount allocated for Task 1 in the Fee Estimate (Exhibit B). if the fee amount for Task 2 is reached, RH2 will notify the City, and if further assistance is required above and beyond the fee amount allocated for Task 2, the City and RH2 will mutually agree upon an additional fee amount for continued on-call technical support. RH2 Deliverables: • Deliverables depend on the assistance requested by the City. 2 4/271201e 1218 PM 2:\1othe11\Dab\KEN\s40\201g Rant sprigs and Pump station No.4 SDC\PSA_SOWKent springs and Pump Stallon No.45DC.do[a EXHIBIT B City of Kent Kent Springs and Pump Station No,4 Electrical and Standby Generator Upgrades Services During Construction Fee Estimate Description Hotel Total Lahor Total Expense Total Cost Hours Classification Taskl Servlses OUrinq Canbuuct3tln 50 $ 8,254 $ 383 $ e,637 1.1 IRevlew Submittals I50 $ 8.754 r$ 383 7es7 21 On Call Sw art Contingency 32 $ 7,Da8 $ 356 $ 7,3G4 7.1 Rcapond to Technical ClueWons from the City 8 $ I752 $ 90 $ I,E442 2,2 Review and Respond to RFIs Submitted by the Contractor 8 $ 1,752 $ 90 $ 1,842 23 General Contingency 16 $ 3,504 $ 177 . 3,631 PROJECT TOTAL 82 $ 15,262 S 739 $ 15,Dtl1. Z:\nolholl\DaaeKE%z401801e Korn 6pinpa and Pump 8I0en No 4 SDGIPSA FEE Kent Sptlnae and PUMP Stepan Ne I SM,onox VI V2016 4:52 PM 1 iJ i EXHIBIT C RH2 ENGINEERING, INC. 2018 SCHEDULE OF RATES AND CHARGES RATE LIST RATE UNIT Professional l $138 $/hr Professional ll $153 $/hr Professlonal 111 $164 $/hr Professional IV $175 5/hr Professional $191 $/hr Professlonal VI $203 $/hr Professional Vll $219 $/hr Professlonal VIII $230 $/hr Professional IX $230 $/hr Technician 1 5100 $/hr Technician 11 $107 $/hr '..Technician III $132 $/hr Technician IV $140 $/hr Administrative 1 $69 $/hr Administrative 11 $81 $/hr Administrative III 896 $/hr ,Administrative IV $114 $/hr Administrative V $131 $/hr CAD/GIS System $27.50 $/hr CAD Plots-Half Size $2.50 price per plot CAD Plots-Full Size $10,00 price per plot CAD Plots-Large $25,00 price per plot Copies (bw) 8.5"X 11" $0.09 price per copy Copies(bw)8.5"X 14" $0,14 price per copy 'Copies(bw) 11"X 17" $0.20 price per coot/ Copies (color)8.5" X 11" $0.90 price per copy Copies (color)8.5"X 14" $1 20 price per copy Copies (color) 11"X 17" 52.00 price per corw Technology Charge 2.50% %of Direct Labor price per mile Mlleage $0.545 (or Cur rent IRS Rate) SubCOnsllltdnts 15% Cost+ Outslde Services at cost Rates listed are adjusted annually, EXHIBIT D 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 Lialbil,ity 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. C a f111 cr.gial,_QQr_ raj_1.iability insurance shall be written on ISO occurrence form CG 00 bland shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an 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.'_Ggmpens�Tiori_coverage as required by the Industrial Insurance laws of the State of Washington. 4. Qfessionad tiab lity insurance appropriate to the Consultant's profession. 113. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Auto b,i(gml,�g. 11ity insurance with a minimum combined single limit for .bodily injury and property damage of $1,000,000 per accident. 2. orr]S 1a1 ( grief Li ability insurance .shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT D (Continued) 3, l�ri,t7w�aw� t_ gbi_ 'Pity insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. 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 Quail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all pdicies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additlonaP insured shall be attached to the C -r ificate 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 wham claim is Rnade 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 beat not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor 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. A CERTIFICATE OF LIABILITY INSURANCE °A'E`M20°20 """' D5/ / 18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 'RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES -OW. 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 polleylies)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 I DUNIAGone Bolin [AAME ......Sammamish Insurance, Inc (425)898 8780 t m tvu.704 228th Ave NE, PMB 373 JonaBolin(Zmsncom SS'. NSILREI Si AFFOROI NG COVERAGE"_ NAICIf ......_...__ " _".-...-_____....... ........ Sammamish WA 98074 INSURERA Ohio Security Insurance Company 24082 _"_... _•-___"""_ _._._._____ ................. -_--_. ..............._... ."...""""..._ ..."........_,. INSUR REDED INSURERS The Ohio Casualty Insurance Company 24074 RH2 Engineering Inc INSURERC: Continental Casualty Company 20443 22722 29th Dr SE Ste 210 INSURER D. INSURER E; Bothell WA 98021 INSURERF: COVERAGES CERTIFICATE NUMBER: CL1852003285 REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILYn TYPE of INSURANCE E 11RR — r*oSaUc5 :0°7' -F ucrE ...... .. .... _.,,...... _ VM M1NMD POLICY NUMBER _ tMMY00fY"tYY� tM MsbeJ"/YYY LIMITS ' COMMERCIALGENERALLIABILIiY EACH ICf(,!,'LVRRENC"E 5 2000,000 -liw.l .Di1X'GU"9`ZFR'iCCD....__ ............."""_ CLAIMS MADE /� OCCUR 8 2000000 PREMNbFS tta xca,slues _....." _.. kD_EJ4R lMny ama Paa.pni g 15000 ..... .._...... INJURY M A V BZS57962270 05l2972016 05/29/2019 PERSD NAI.C.ADV INJURY g 2000000 CtN I ACQPtGAI F LIMITAPPUES PER. _ 4RwERALACGREGAME g 4000000 m .. _._ POLI . CY �_I Nc'r 4 RO" LOC PRODUCTS-COMP/OPAOC g 4000000 _ II�{Ih�R $ ,VJRIOMOBILE LIABILITY CVIMa�MGO SVIvTr..Le LIMVT a 1.000,000 �— 11 Mtultl'.al ['RRERS ANYAUTO RBODILY INJURY(P ] g OWNED SCHEDUE A Y BAS57962270 05/29/2018 D5/29/2019 aORId INJURY P d npAUTOS ONLY AUTOSHIRED AUT08 ONLYAUTOS ONLY AUTOS ONLYUMBRELLA LIA9 OCCUR EACH OCCURr NCE2000,000 BEXCESS LIAR nCp-yJMS MADE U50579fi2270 05/29/2018 O5/29/2019 " - PGGREGATE 5 2 000,000 RED }� rfEL[Ewn DNS 000 COURENSALION RER ��..✓✓ OTII. AND EMPLOYERS'LIABILITY YIN SdT1WTE' +"� fR ANY p+R{VIrWIR14JWIF+AliTWFRdfMV"h:W flvE � 2 000,000 —m A CARCf RWLMRER EXCLUDED? —V N'A BZS57962270 05129/201B 05129/2019 E.L F, Ett ACCI'1rrl g Ifyos,dk4ry'In NP E.1. DISEASE.EA.EMPLOYEE S 2 000,OUO DFSCRIIa'e IL1w(nFpP,rRfoIONS below rLralst'nsE..Poucv LIMIT ',s 2,000,000 Professional Liability Per Claiirn $3000,D00 C Claims Made :AEHORI0°/29/2018 05/2912019 Deductihle $20Q000 .,..".. _ ._...DESCRIPTION OF OPERATIONS LOCATIONS)VEHICLES(ACORD i(It,Additional Remarks Schedule,maybe attached ifmore space is re,qu red) The certificate holder is named as additional insured per BP0452(General Liability)and CA6810(Auto Liability)1. CERTIFICATE HOLDER CANCELLATRON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988--2_016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BZS57962270 BUSINESSOWNERS BP 04 52 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following, BUSINESSOWNERS COVERAGE FORM SCHEDULE ................. _ ...... ..............._.. State Or O Governmental Agency r Subdivision Or Political Subdivision: City of Kent ....... ........ m�._......_...- Information re uired to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Liability is amended as follows: b. This insurance does not apply te: A. The following is added to Paragraph C. Who Is An (1) "Bodily injury", "property damage" or Insured: "personal and advertising injury" arising 3. Any state or governmental agency or out of operations performed for the subdivision or political subdivision shown in the federal government, state or Schedule is also an additional insured, subject municipality; or to the following provisions: (2) "Bodily injury" or "property damage" a. This insurance applies only with respect to included within the "products-completed operations performed by you or on your operations hazard". behalf for which the state or governmental B. With respect to the insurance afforded to these agency or subdivision or political additional insureds, the following is added to subdivision has issued a permit or Paragraph D. Liability And Medical Expenses authorization. Limits Of Insurance: However: If coverage provided to the additional insured is (1) The insurance afforded to such required by a contract or agreement, the most we additional insured only applies to the will pay on behalf of the additional insured is the extent permitted by law, and amount of insurance (2) If coverage provided to the additional 1. Required by the contract or agreement; or insured is required by a contract or 2. Available under the applicable Limits Of agreement, the insurance afforded to Insurance shown in the Declarations, such additional insured will not be whichever is less. broader than that which you are required by the contract or agreement to This endorsement shall not increase the provide for such additional insured. applicable Limits Of Insurance shown in the Declarations. BP 04 52 07 13 © Insurance Services Office, Inc„ 2012 Page 1 of 1 COMMERCIAL AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE- BROADENED COVERAGE 10 GLASS REPAIR- WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS q TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 19 SECTION II - LIABILITY COVERAGE is amended as follows, 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture, or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply (1) If there is similar insurance or a self-insured retention plan available to that organization; (912010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc„with its Permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted, or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: I Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or s organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you, and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work, 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.S. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire, SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows. 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos". a. You hire, rent or borrow, or a2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 ID 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission, Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000, or (2) The actual cash value of the damaged or stolen property as of the time of the "loss'; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver, or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V- DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. C. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVV) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc,,,with its Permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE,A. COVERAGE, is amended by adding the following, a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove r_ and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension, f. No deductible applies to this coverage. e For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRAEXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE,A. COVERAGE,we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto " The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V- DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS Is amended by adding the follow- ng: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission, Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto", or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN /LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following, The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans creases, e. Final payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, In. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V- DEFINTIONS is changed by adding the following, As used in this endorsement provision, the following definitions apply. "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. ©20101_iberty Mutual Insurance Company,All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto' of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto is designed to carry while it is. a. In the charge of an "insured"; I Legally parked, and c. Unoccupied. The 'loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any 'loss" if the covered "auto is in the charge of any person or organization engaged in the automobile business. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph 8.2. is amended by adding the following' If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident', claim, "suit" or 'loss", you must promptly notify us when it is known to: 1. You, if you are an individual', 2. A partner, if you are a partnership, 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident' or "loss" took place, (2) The "insureds" name and address, and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident' or 'loss", our rights are waived also. 102010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V -DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. 102010Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7