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HomeMy WebLinkAboutCAG2019-018 - Original - KBA, Inc. - S 228th ST Grade Separation - 01/18/2019 KENT Records Management Document CONTRACT COVER SHEET U"do (1crk',s 11AD ho If "" h,Y"alu u!f,VG 1. ln� k'Ry tJo� '., at 255 1 Vendor Name: KBA, Inc. Vendor Number (]DE): Contract Number (City Clerk): (10hicir - 0 1�� Category: Contract Agreement Sub-Category (if applicable); None Project Name: S. 228th St. UPRR Grade Separation Contract Execution Date: Mayor's signature Termination Date. 12/31/19 Contract Manager: Jason Barry Department: PW: Engineering Contract Amount: $59,500.00 Budgeted: IV] Grant? El Part of NEW Budget: ❑ Local: State: Federal: Related to a New Position: El Basis for Selection of Contractor? Other Approval Authority: F-1 Director Z Mayor El City Council Other Details: Provide construction management services for the protect, ........... ......... .......... ...... CONSULTANT SERVICES AGREEMENT between the City of Kent and KBA, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KBA, Inc. organized under the laws of the State of Washington, located and doing business at 11201 SE 8`h St., Suite 160, Bellevue, WA 98004-6455, Phone: (425) 455-9720, Contact: Sam Schuyler (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 Construction Management services for the S. 2281h St. Union Pacific Railroad Grade Separation Phase III 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, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifty Nine Thousand, Five Hundred Dollars ($59,500.00), 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. 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 representaL'ions: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) 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 (Over$20,000) 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 C 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. Recrclab , Materiels. 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 a ' 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 Da sputes _and Goye,rnina Law. This Agreement shall be governed by and construed in accordance with the laws or 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 (Over$20,000) 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 Notices. 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. CompBrance 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. Ci Busin°ss License Ruir 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 (Over$20,000) K. Cottrkratarts and Signatures by F,ax,or Ean il. 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: CITY OF KENT: BY ...— (signature) By�jo ( --�-�. urel!4 � (signal (sign ) Print Name:::-(.Wendel dat s F, Print Name: nana Ralnh Its Vice Pr iciest Its Mawr (title) DATE;, � ' /1_�9 DATE \ �.. ...... .............. _. ......... NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Sam Schuyler Timothy J. LaPorte, P.E. KBA, Inc. City of Kent 11201 SE 8" St., Suite 160 220 Fourth Avenue South Bellevue, WA 98004-6455 Kent, WA 98032 (425) 455-9720 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk � s.. RBA-22W Phi/Cononr CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) 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. CC. undcll...Adamti,Pi% For: KBA,Inc. Title: Vice President Date: I 11 1 q ...... 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 KBA, Inc. December 20, 2018 EXHIBIT A SCOPE OF SERVICES Construction Management Services for S. 228' St. Union Pacific Railroad Grade Separation Project— Phase 111 KBA, Inc (Consultant) will provide Construction Management(CM) services to the City of Kent (City) for Phase III of the project known as S. 228`" St. Union Pacific Railroad Grade Separation. Phase III is State and local funded under assigned Contract Number TA-6512. The services will include consultation and field inspection, as required during the construction of the Project, as detailed below. Project Description: The proposed improvements include construction of a new bridge over the Union Pacific Railroad crossing at S. 22811i Street in the vicinity of 7611 Ave S through the City of Kent. The Project is being completed in 5 phases. Phases I, II, were completed by the City. This agreement will cover work performed by Consultant on Phase III, The Designer of Record is the City of Kent. HDR, Inc. is the Structural Engineer of Record, and GecEngineers is the Geotechnical Engineer of Record. I. CONSTRUCTION MANAGEMENT SERVICES A. Consultant Contract Management. Provide overall day-to-day management of the consultant contract and staff, including: 1. Decide on best modes and frequency of communication with the City, and use them. Liaison and coordinate with the City on a regular basis to discuss Project issues and status. 2. Review monthly expenditures and CM team scope activities. Prepare and submit to City monthly, an invoice and progress report describing CM services provided that month. Deliverables • Monthly invoices and progress reports B. Construction Phase Services — Field 1. Observe the technical conduct of the construction, including providing day-to-day contact with the construction contractor, City, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications, 2 Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify the construction contractor of noncompliance. Advise the City of any non-conforming work observed during site visits, 3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor's operations as actually observed by the Consultant, includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. 4. Interpret Construction Contract Documents, in coordination with City. 5. Evaluate issues which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. 6. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. 7 Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. 8. Prepare field records and documents to help facilitate administration of the Project in accordance with funding agency requirements. 5.1P1oJeclsVConiraclsVCI en6Ken11BP-1705701Ken1-21111,'1010,&1 AI RewldsVI ouDaDleFlsVPhase III NegoGalionffiScope-V(eot-2261h-Phi-13-20181220 111,u 1 of 4 KBA, Inc. December20, 2018 9. Document Control. Establish and maintain document filing and tracking systems, following City guidelines and meeting funding agency requirements. Collect, organize, and prepare documentation on the Project. a. Electronic documentation will be stored in a Project Website, using SharePoint software, managed and hosted by the Consultant. The City will be provided with up to 3 licenses for their and the construction contractor's use of the SharePoint website during the Project. Consultant will provide one training session each, no more than 1-hour long, for City and construction contractor users of the SharePoint system. b. The Project SharePoint site will transition to"read-only" access upon expiration of the Agreement, or upon completion of Phase III construction work, whichever is earlier. Access to SharePoint will expire following that date. 10. Attend and actively participate in regular on-site meetings. 11. Take periodic digital photographs during the course of construction, Photographs to be labeled and organized. 12, Punch List. Upon substantial completion of work, coordinate with the City and affected agencies, to prepare a 'punch list' of items to be completed or corrected. Coordinate final inspection with those agencies. Deliverables • IDRs with Project photos—submitted on a weekly basis • Punch List(s) C. Assumptions 1. Budget. a. Staffing levels are anticipated in accordance with the attached budget estimate. Consultant services are budgeted for a three-month period, from December 20, 2018 through March 2019. Construction is underway and the budget does not provide for any setup or closeout services. Overtime has not been figured into the budget. b. Consultant will work up to the limitations of the authorized budget. If additional budget is needed to cover such instances as the following, City and Consultant will negotiate a supplement to this Agreement, i The contractor's schedule requires inspection coverage of extra crews and shifts ii. The construction contract runs longer than the time period detailed above. iii. Any added scope tasks. iv. The work is anticipated to be performed during daytime hours. Should night work be necessary, a 15 percent differential for labor will be applied to all night shift hours worked by Consultant's employees. c. The budget allocations shown on Exhibit B are itemized to aid in Project tracking purposes only. The budget may be transferred between tasks or people, or between labor and expenses, provided the total contracted amount is not exceeded without prior authorization. d. The budget assumes that Consultant's standard forms, logs, and processes will be used on the Project SharePoint site. Any customization to meet specialized City requirements will be Extra Work. 2. Items and Services City will provide: a. Meeting arrangements and facilities for pre-bid and preconstruction meetings. Prepare and distribute meeting notes from pre-bid meeting(s), if any. It. Field office, including: S:1Pm�eclelCnnlractslClientllCentABP-17.052-01 Kent 226,SIADraflS,KNegoaationRewrdsMrI hoa eDratfe\Phaso Ill NegofiahonsABcopeJ(ent-22&Ih-Phi-v3-201B 1220,dacz 2of4 KBA, Inc. December20, 2018 I. workstations (desk, chair, and storage) for one staff ii. landline telephone for each full-time assigned staff[or IP phone system] iii. combination printer/copier/scanner machine with these capabilities: 11 x17 size, color iv. hi-speed data connection (minimum 2-GB upload speed) v. miscellaneous office supplies vi. utilities and sanitary facilities c. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final record drawings. d. Coordination with and enforcement of utility franchise agreements and/or contracts and schedules for services related to this Project. e. Verify that the required permits, bonds, and insurance have been obtained and submitted by the construction contractor. Obtain all permits not required to be provided by construction contractor. f. Construction Survey. Provide project control survey and staking that is not already assigned to the construction contractor, 3. Scope: a. The SharePoint tool being used on this Project is proprietary to the Consultant(KBA, Inc.), and may not be used by any other party or on any other project without the written permission and involvement of KBA, Inc. b. Consultant will provide inspection services for the days/hours that its' Inspector(s) personnel is/are on-site. The Inspector(s) will not be able to observe or report construction activities, or collect documentation, during the time they are not on-site. c. The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; In case of noncompliance, Consultant will reject non-conforming work and pursue the other remedies in the interests of the City, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractor's performance, and it is understood that Consultant shall assume no responsibility for proper construction means, methods, techniques, Project site safety, safety precautions or programs, or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or City's expectations. J. Definitions and Roles. The use of the term "inspect" in relation to Consultant services is synonymous with "construction observation, and reference to the "Inspector" role is synonymous with "Field Representative," and means: performing on-site observations of the progress and quality of the Work and determining, in general, if the Work is being performed in conformance with the Contract Documents; and notifying the City if Work does not conform to the Contract Documents or requires special inspection or testing, Where"Specialty Inspector" or"specialty inspection" is used, it refers to inspection by a Building Official or independent agent of the Building Official,or other licensed/certified inspector who provides a certified inspection report in accordance with an established standard. e. Because of the prior use of the Project site, there is a possibility of the presence of toxic or hazardous materials. Consultant shall have no responsibility for the discovery, Presence, handling„ removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials in any form at the Project site, (including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances, If the Consultant suspects the presence of hazardous materials, they will notify the City immediately for resolution. S'.1Prt1 -I 1C nlradLACllanpKeml6P-17-CI5701KenL-"22M,LtlDzps&PJego(elo�Reco'd�lo-hnueeD�dlLslPM1eAe III N-��Ia0on015[[�icY,enl-220triPIQ 3201 L,1220.Oau 3of4 KBA, Inc, December 20, 2018 f. Review of Shop Drawings, samples, and other submittals will be for general conformance with the design concept and general compliance with the requirements of the contract for construction. Such review will not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions g. Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. However, since Consultant has no control over competitive bidding or market conditions, the Consultant cannot and does not warrant that bids or ultimate construction casts will not vary from these opinions of probable construction costs. h. Development of construction schedules and/or sequencing, and/or reviewing and commenting on contractor's schedules, is for the purpose of estimating number of days to complete a project, and for identifying potential schedule and coordination challenges and determining compliance with the construction contract. It is not a guarantee that a construction contractor will complete the Project in that sequence or timeline, as means and methods are the responsibility of the construction contractor. i. Consultant is not responsible for any costs, claims or judgments arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. The Consultant does not have responsibility for the professional quality or technical adequacy or accuracy of the design plans or specifications, nor for their timely completion by others. j. Consultant's indemnity and defense obligations are limited to the extent of those damages directly caused by the negligent acts, errors, or omissions of the Consultant. Any damages and/or costs that may be recovered shall be limited to the total amount authorized for this Project. k. RCW 4.24.115 is applicable to Consultant's services provided under this Agreement, I. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, in the same geographical area and time period, m. City agrees that Consultant will not be held liable for the completeness, correctness, readability, or compatibility of any electronic media submitted to City, after an acceptance period of 30 days after delivery of the electronic files, because data stored on electronic media can deteriorate undetected or can be modified without Consultant's knowledge, n. Consultant will not be liable for any damage to the field office premises or utilities provided by City, unless caused by Consultant's own negligence. II. OPTIONAL SERVICES All services not detailed above, are considered Optional Services, which, along with any other Extra Work requested by the City, will be performed only when a mutually negotiated Supplement to this Agreement is executed, specifying scope of services and budget. SWrICCIslCoIt'ast,IC It ert,Kar IA Its 17 0 -01Kn1-228P-'IUDsfls&P1o11Aa11o1Reco melt I ho '-D-(WlPhase I I I N91Jo1I81100a1SO"peKent-22ar,PY3 Q 2013 1220 1, 4 of 4 �U �l N Or N N N O d) V O V OJ � OJ c0 T cp O ti Q' ���//�f✓ a' � o M � v M M m I� cn M Vi%fp yy/�„ LL � y � LL LL LL r li/�l ot ewnpeyoS a x wj¢ SJ OH}o uopeuiwa;aQ m 0 0 0 N N N ry O O N N Ul Qi O � O>O t0 tp N � (D Fu o U F H w � J D N i (D CO � O i t0 c➢ � C H O N M � N � � N O (➢ N O (D LfJ (D L p n + N V Q> rJ wI N cY O a3 ti N N m U VJ u� N `y o � U m Z z ai m F 7F a� , a T m o V -o.o oa a ai LL d ii O o o N as ma Ew. � < w0 a` U O N O ¢ m r K LYan v cnCOo a c) ¢ O 'o w z U b o m Q E ci `m W O n + � 3 F- 0. O 0 0 2 G�i E L w. �' U �• E o E + c + w o a a`� o m O_ a� a� °� a o V o 5 U O T _ 'O LT [.0 U cn cn ti w A w t mY w U a c w r °' `° OUp a LU o Z ti w d � �° o In L m m W J m CI m d .0 o m t g o o Q iy a m m m m Li `-' O m m m m v Y v� r- Ucn � .'.. > � ;n U <n � U � 00 <n EXHIBIT C INSURANCE REQUIREMENJ'TS 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 Liabiljty 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' Com ep nsation_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: I. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability. insurance shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. EXHIBIT C (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. C lie nt#: 322877 KBA I N C ACORDTM CERTIFICATE OF LIABILITY INSURANCE °ATE WDDIYYYY' 1/12/2019 THIS CERTIFICATE IS ISSUED AS AMATTER 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 holtler 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER C IAUI NAME USI Insurance Services NW PR PHONE 206 441-6300 f EAX 610 362-8530 (AIC No Ext/ !Ali,.) ..... ,,. 601 Union Street, Suite 1000 Ad RIESS, usi.certrequest@usi.com Seattle, WA 98101 ......... INSURERS)AFFORDING COVERAGE NAIC9 INSURERA Iravele a „ay company of CT 25682 ........-._ ......... ._. __ ........ INSURED INSURERS Travel¢ a nryeompa y 2565$ KBA, Inc. ...�.. .... ........ ..... INSURERC xLspa Iyl mote company 37885 11201 SE Sth Street, Suite 160 ... - - - -- Bellevue,WA 98004 INSBRERD INSURER E ..INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,. INSR _.ADdl falJBR ___..._. ....-.�- FpyICM FFF POLICY EXP .. LTR TYPE OF INSURANCE IN a WILDPOLICY NUMBER MWOD1YYYYl (M1MIDDlYYYY) LIMITS A X COMMERCIAL GENERALUABILITY X 680OJ802318 t6110/2018 051101201S EA.HOCCURRENCB 11,000,000 1 CLAIMS MACEOCCUR 1111VO Tye RENTED _ ?Rt,rAl cs GEC a ulrrr.•nral.._ 51,0100,000 MED EYP An ne trrpn RE US.ONAL.a ADVINdu 0 RY $1 000 .. , ,. . ... .._.... .....00E.... GRH'LAGGREGATE LIMIT APPLIES PER GENERAL AG GREGATE D2,000,000 �. PCII lDy X� PRO X LOC PRODUCTS COMPrOPAGO s2,000,00D OTHER _.... . ... A AUTOMOBILE LIABILITY X BA$57DX17A ... ...... coMMKO SINGLE LIMA-- ...... 5110/2018 05/10/201 tFa aM., 111 .(P 11,000,000 -.- X ANY AUTO BODILY INJURY r pepersanJ $ ... ........._...... .. ... ... .. I e,bacH OWNED SCHEDULED AUTOS ONLY AUTOS JURY)Per accident) $ HIRED "L OWNED - X r,uros ONLY X Auros ONLY rRowNirry Dw'onur Lsr c s B UMBRELLA LIAR X X, occua X CUP8577X422 5/10I2018 0b/101201$EnL occURREN E s2,00q,000 EXCESS LIAR CLAIMS MADE THE ..., !f<�Nt LAl! 112,000,000 Deb RETENTION$10000 :,2 DDD,D,.. WORKERS COMPENSATION ff"AR KYTh! A AND EMPLOYERS'LIPAILLY YIN 6800J802318 5110/201805/10/201 JAL AE41[L ILR ANY PRiO;aFEINT21R6 ARTNE17IFXECUTIVE prr L L EACH,AGIJDUMNJ _ S1 000 000 p)L RrMEN1aUR EAOh UDEG? �� NIA ,._. , (M tordntary 4n Win I ASE.Ely EMv LOSEE $1 000000 oll1r.Ind., D RSCRIBTION OF OPERATIONS ort(V,,,,,.__._ EL IYIBF _.1 M0 C Professional OPR9925263 .fe5H Po per OMIT 51,000,OD0 5/10/2018 O5l10/2019 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It move space Is required) RE: Project#018026-01, City of Kent S. 228th St. Union Pacific Railroad Grade Separation Project Phase III. The General Liability,Automobile Liability and Umbrella Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to City of Kent, their officers, employees and agents, only when there is a written contract that requires such status, and only with regard to work (See Attached Descriptions) CERTIFICATE MOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue Kent, WA 98032 AUTHORIZED REPRESENTATIVE 61. ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S24754795/M23088825 KQSZP DESCRIPTIONS (Continued from Page 1) performed on behalf of the named insured.The General Liability,Automobile Liability and Umbrella Liability policies contain a special endorsement with Primary and Noncontributory wording,when required by written contract. The General Liability policy includes an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier. SAGITTA 25.3(2016/03) 2 of 2 #524754795/M23088825 Policy #680OJ802318 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS In. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance" to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then "property damage" or "personal injury": and the Insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor In the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring Insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization, or The insurance provided to the additional insured d. For "bodily Injury", "property damage" or is excess over any valid and collectible other "personal Injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the additional insured for a loss we cover. However, if contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and non-contributory basis, this Insurance is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part, share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any"professional services". which coverage is sought occurs, and g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is out of an offense co sought arises Coverage Part shown in the Declarations exceed the Ilrnits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance", excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance, CG D3 81 09 15 ©2015 The Travelers Indemnity Company.NI rights reserved Page 1 of 2 Includes the copyrighted nirtterlal of Insurance Services 011ice,Inc„with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section, of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments y g en contract requiring Injury". "property damage'' ' an and the npersonall injury'' a ments we provided that the bodily injury" "property damage" or "personal injury" arising out of ",your dama e is work" performed by you, or on your behalf, done caused by committed: under a "watt q iring insurance" with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect, and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the "personal Injury" offense is committed. Page 2 of 2 O2ni5 The Travelers Indemnity Company,All rights reserved,. CG D3 81 09 15 Includes the copyrighted material of Insurance Scrvicos Office,Inc„wilh Its permission POLICY NUMBER: BA8570X17A 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 deemed to be cov- executed by you before the "bodily injury" or ered "autos" you own: "property damage" occurs and that Is in effect during the policy period, to be named as an addi- (1) Any covered "auto" you lease, hire, 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 ll. 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 II—COVERED,AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE; CA T4 20 02 15 ©2015 The Travelers Indemnity COinpany.. All rights resurved.. Page 1 of 3 Includes copyrighted mPlerial of Insurance services ofhrce, Inc.with Its 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 owner! (2) Up to $3,000 for cost of bail bonds (in- covered "auto". Glutting bonds for related traffic law viola- (5) This Coverage Extension does not apply to: dons) 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: The following replaces Paragraph CA. of Si We will pay up to $50 per day to a maximum of TION I—COVERED AUTOS: $1,500 for temporary transportation expense in- 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.i.b. of SECTION III — PHYSICAL The fallowing is added to Paragraph AA., 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- Hired Auto Physical Damage Coverage ble, of SECTION lit — 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 darntage 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 Ill — 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 $400 for "loss" to wearing ap- (a) $50,000; 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 OO P015 Thu Travelers Indemnity Company.All rlgins reserved. CA T4 20 02 15 Includes copy rig Iftrid ri if,,f a of Insurance Services 0 fir ce, Inc,with tts perm isslon. W 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; flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.h. 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 It. The airbags are not covered under any war- Insurance purchased with the loan or rel and ease; 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 $1,000 for any M. BLANKET WAIVER OF SUBROGATION one "loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, The following is added to Paragraph A.4., Cover- 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 operations 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 The Travelers Indemnity Company-All rights reserved- Page 3 of 3 includes copyrighted material of Insurance Services Office, Inc-with Its permission, COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional Insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this Insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 ©2016 The Travelers Indemnity Corrlpany.All rights reserved. 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