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HomeMy WebLinkAboutCAG2019-033 - Original - PND Engineers, Inc. - Mill Creek Reestablishment Design Services - 01/25/2019 �OT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager, pricer to submission to the City Clerk's Office. AH4 portions are to be completed. If you have questions, please contract the City Clerk's Office at 253-E56-5225. Vendor Name: PND Engineers, Inc. Vendor Number (]DE): Contract Number (City Clerk): - 672� Category: Contract Agreement v Sub-Category (if applicable): None Project Name: Mill Creek Reestablishment Contract Execution Date: 1/25/19 Termination Date: 12/31/19 Melissa Dahl PW: Engineering Contract Manager: Department: g g Contract Amount: $�I I G y 459.00 Budgeted: 0 Grant? Part of NEW Budget: Local: El State: R Federal: El Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: FV/] Director 1-1 Mayor City Council Other Details: Provide bridge and sheet pile walls desiqn services for the oroiect. N T CONSULTANT SERVICES AGREEMENT between the City of Kent and PND Engineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and PND Engineers, Inc. organized under the laws of the State of Alaska, located and doing business at 1736 4°i Ave. S., Suite A, Seattle, WA 98134, Phone: (206) 624-1387, Contact: Rian Johnson (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 bridge and sheet pile walls design services for the Mill Creek Reestablishment 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 Sixteen Thousand, Four Hundred Fifty Nine Dollars ($16,459.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. to that event, the parties will immediately make every effort to settle the disputed portion, IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of a,ny 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, Consulltant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, lasses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence, The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act, The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A, Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable, A price preference may be available for any designated recycled product. B. Neon-W . 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 rnore instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the Same Shall be and remain do full farce and effect. C. 8950WI Orn of Di_ Snfotes and Govcsrining paw, 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; 2rovidgel, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall riot 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. Cgmpliance with taws. 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. ifBusiness License Renuired. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Q(.Lulyterl'saiLIS. arrr�... .LJlrr(.tlle. by t=jx or �mydl. 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/t"]F 9�ENT: r By: �,,, '=-'.,. „..: ..: -..,... By N- Print Name. 2 r1=-,,,,,-,r Print Name:; Timothy J. LaPorte, P.E. Its;_.,,,,, _____ . .� , .. Its: Public Vgror .s Director /� (r ._....�._.�.,� _ DATE:_ _. . ..L.L. ,r L �� _.. ... .. . ..� DATE: l_ /_� 7 ,� ..._�.., ....._. __._... _ _.,..m,......_..�_._........- -..._...---_....,.,..._�., ..,. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Rian Johnson Timothy J. LaPorte, P.E. PND Engineers, Inc. City of Kent 1736 4m Ave. S., Suite A 220 Fourth Avenue South Seattle, WA 98134 Kent, WA 93032 (206) 624-1387 (telephone) (253) 856-5500 (telephone) 206 624 1388 facsimile —) ..� ) 4253� 856-6500 facsimile r AA,TTE T. ....� -- .-. _ Kent City Clerk VNIJ—�1111 I'Ilk 14-1k,111 bn1—t/DdkI CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) . DECLAIRATMIN CITY OF KENT EQUAL E�41P��.Of�v�EN"I' OIPPOR�IrUlNx'ry Poucy The CiLyofKanLim cornnniL1pd to conform to Pedara| and Slate kavvs regarding oqoa| oppoduni y, As such all cuni subcontractors and supp|iers who perhorro work vvith re|6doo 10 ibis Agreement shall comply with the myu|aUony or the City'o equal cnnp/vynncnt uppo/tuo|ty po||des. The h)UVwing Aucobuns npaci5ca|/y NenUfy the requirennmnUs the City deer-is necessary for uny contractor, sobconbacLo/ or supplier on Lhis spec|8c Agreement to adhe/e tu� An affirmative r,spunse is required on all (if the hollowing queatluns for this Agreement to be valid and Binding. If any conkractor, subcontractororsuppUer */iUfuUy rnisrepresents themselves with regard to the UipectivesouUines, itwiUbecuosideredabreachoftontractanditvvi|ibeatiheCiiy'sso|o dnterooinaUun regal-ding suspension nrCcrrinaMcn fnra|| or pad nfWe Ag'eerncnL; Tha questions are usfolhwc 1. } have read theaiieched City of Kent adrn|nistrnUve pu||cynunoberl.2, 2. DurinythednnenfthisAgneernentivviUnotdiscriroinaLe |nennp|uynoen\ nnthebaxi; of sex, race, color, national origin, age, or the presence, of all sensory, noentn| or phydca| dicab|||(, l During the time of ths Agroornent the prinits contractor will provide a written statement to all new ennp|uycco and subcontractors ind|cabng cnnnrnitnoent as an equal opportunity ennpioyer� 4. Duhng the time of the Agreennent {/ the prime cnnitractor/ will activdyconsiderhiring and pnnnnudon of women arid rninurihes. 5. Before acceptance nfths /\greennonV an adherence sta8annent vviU be signed by rne. Lhc Pr|roe Contractor, Tat the Prime Conaracb)r cornp||cd */1h the requirernenio as set forth above. By signing be|ow. Iagrectu Will thefive requirernootsrcf,renceU above, By: Fur� ( Title: �18 Date: EE0 [UMPUAM{EDCCUMENTS l 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. For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A 0 ENG IN E'.Il RS, INC. January It 2019 PAID ph, 18.i 535 t'Ai h4eh.,^a Dahl Vworonmental Specialist C.iiy pt l5.cnt � Puhllc Woeles Dip ulmeut 220 Fourth Avcmte Sarin RE: Mill Creck Reestablishment Project Sheet Pile Walls and Bridges Structural Engineering (Permit Design) Statement of Work and Budget Proposal Deal Ms. Dahl: I'b�l C:1 Loe;r nrers, lire , i I"fVD} is Irlt.isr_d to proelde die(ltp o-f lr,,ent with [his Statsment of Worla. (SOW) and asik,,kcatcd Imposed budgrt. !tit:OMe.;._n!"'4 Ark Ito City is currently engaged in the Mill Orel,Ramrablr 1nnmo pear,,The loam of die ptr,lcct is io restore the Nlill (rrek stream ,(cannel profile to die,alTnu i-n au channel profile that oa mired in Op early I900s prior w ibc msszn,au oC tech ncnt retnrrv;al Tram thr_dlillAnl.'I n,proposed project occurs along, die Mill( eck chauncl from SE 2/6,n;nwi QWnt to S 20 a,Sni,n, 'Phc SPe, Rc section of the chanucl teduiri T stt wwral<ni, nmwd snucwRs+, a ms on the ch nind leach from north of I,` rnrth site t to the north end of CLkrodt"ord Avenue PC the following Swunums rc9mre engrnceetn : m .'t, 505 fool lorih sheer pRe wall on the west sidr ,tt Stil i:ra rk alonlf Kenrrebeck Avenue N! (torn k 8truth n e.t to Ow ncn2h, 'th^ relaincd e ard7 height of the wab t, acw n feet v ,in YS `0-I-oot lung;eheei pile wall on At east We of Atli Crock along fUnnebeck Avvisne ld train I('L'enrpr tancc fit to the notch Ida retained r-flrth hcaght of the 4a all is haven tee^t. ,t f'e foot-long, 8-foot-wide (appsoxrrmw) pedi stdan bricigc over the Mtll Clerk coronet north of TS 1 s nhperanec Sheet. The Irudv": w0l teplacc all rxrsting pedc sttian bridge. a A 51) k)otlong, angle.bloc, lb-Pnt)t aifith (ml)ltanisunatc) cliBniy,isrevs,I,urrlyn:o�atrdw NoV Ciec'k channel ina rtlt of { dimes SP:rect and easo ol, k'C+°ooicsnd rlvellm isJ Tlev bridge plovirlcs nc:e -;s for Kifl8 County Metto and C olnnty Link ivlahwomtev vehLIS lint WA root 9re a public fee t es', lat�inlgr fin verdrdc le, 'I h( brid r uill nerve as public as USS on pe ch;,mutts. s A s0 loot-lung,S Awr-wielc (approxnunre) Stntlran bri(Ye across chi MrJ Crerkchsn,w) provu.Lng pubih lCocsS brrtveen Ketu ibli�morial Park and the(,haudler s Say Apartnrrsnrs. ll twpl),q_d lore rngivu tinF ^,erg«r:have hr en broken ono the soh i t 1;ae decci abed hi lorr 'I hr cotubtned fee:, ten tlals ,wide rn• e ilnn,necl to K$ H,rl(s',D.Y U and Wgl In- billed on a one, and exlrc net r j,,, Tlhe r._tprr.ttcd frog for Ow auitvidual iii rib are Bi u l m the scope of work helxaw- r1. dota ilaJ fsrt;:Slanonaty briakcn down by sub WA as nithuied to Avra bona ; A, ' n. I " k 'r ,H 8 a34 1 phuns M W4.718{l f= 206.6141388 L'agc _t (atv of It cnt ISrtdpt'!it(( `,II t Pill VIVA l StIIt (I It a u tg(Pemnl I lrsihrz) IiOw and Budge( PI-nftnsal 1'ttalG.{u�,1 t Grp!, {I)c projl, t tram cola"I,IS oI PNI) I.u,?mccr.' Lull tune I ltilrlrr IC ,, No suit wnsultants will b tried l,y PND foi tln, phast of the molt. law m7z • tt tr � : titol�tnvk.s 7 6e folly ruing subra�k� -�re prop[[",edgy Suhtasf;.LO—Caortiinaaioei:and Project Mantageniew, Work undo [Iw, ,,III I wd' tncludr,, lilt t t Uvo (2) rtrtn<linatiuu Inn lmin vault Cbe Cuy rtf Kent. This ;n I_,ta,k also incttides ptoicct to tnana xt<:nt acid PNL)' wdeprndcnt putjcctsz seafdl r(Ilmud to Lacdlrtite ehc dc"'t;;n of The Jtuctzutc including tttc dcx ;ign of,the stri,,c[uju," PNI a will pr I form a cote auction t(r,t c.nnnat• and a constructability t(mew of the n tnm=Wcs. I1eliverthblau. a Month) Ptutres M,port", rvitlt ln,owcs a Mccling iYcnd;x°s `i AI Milmtcs r+ Rnutlh ()u{cr of Mtigi)ibade C ou,Lruction tin=t IC timate w Constntccability I6 t tew Mcnuu andom yCha)r�V eM N"I`P From the t"jp, of IC:eat Uav I Can,ouclitnCo ( f`.,timate. (:nnowuttttlasks 2, 1, tiol41)rinttsbtcs (;onatru�.txF,ility 1ANt ruc�tnodum Conuiv t cit ]arks 1 3,and 'I Thdhr a l iiNcx Budget! Cost of [fit abow tn,tltncd sill, t ltlk ,hall not t xccud `n't,'114 00. Paw: 3 A of Am Ridge and Sheet Pic Wall Snuc(ntal ;ngint crlug (Petmu [Ir,igm} SOW and Budget Proposal Su mmir 21—Sheet Pile Wall Design (Permit-Level Design) PND will work with the City of Kc tat and any ava111 ge admical data m develop a Al profile for initial analysis of the sheet inic wall and foundations. PND will aoalyze the two sheet pile wOl, based on tire,initial soil profile provided by the City m dwarrune a scction size, tip c1epd, and proille for the sheet pile walls_ Deliverables: Pctmit Drawings of Sheet Pill Wall Schedule: N i? from the City of Kent Day 1 Permit Desigra Drawings 4 weeks after NTP Budget: Cost of the above outfiued sub-taA,shall nor cxcecd la3,720.00 5uhtask 3.6—YeWirean Bridges (Permit-Level Design) PND will work with the Qty of Kent to develop a Perrnit-lcvel design for die two pedestrian hedges crossing the NU Creek channel.We will identify bridge relic and overall geometry including foundation type. Deliverables: Permit drawings,for [he Alba and 50-foot pedesuem bridge;. Scheduh!: NTP from the City of Kent Day I Permit Drawings 4 weeks after rcce.iviug NO, Budget: Cost of the above outlined sub-&shall not exceed 13325 W) Subtask 4.0—Vehicle Bridges (Pernik-Level Design) PND will wort with the City of Kent to develop permit drawings the WAY utdiy access vehice bridge. We idenrdy the findge type and 'went gemne{ry,PND assumes Ov bridge se rll be a Ajoe lnmar, bridge Ali a sbr4v span to brdge the t harn,el, l" t,will also elevt,.Iojr¢he Overall dMudadiOn type and gco"Iclry in the pertmt drawings. Deliverables: Pc rt"IL Dtawhigs of die MINut tong vehicle bridge Schedule: NTP from the City of I,Cen[ Day I Permit I hawings 4 weeks after receiving_ NTP Budges: Cost of the above oudincd sub-task shall not exceed $4,606.00 Pye4 (Ary of ICeni bodge awl `.beet INV Vol Scnu total L?r uzrrti ng 'erxuti c:,illn) iOW and L'udlp Proposal Excluaitan and-P ms-s m ISE( ties: ME) ha uvorked with Che City, of I~cm to dm0y; this datotnent of swnk, Ttv^ suam ucnr of=Ak exchl,kn/lulmnues die folluwLig;Ira d on ous undnstandtug;of are pcojcm t) 13ND is only responsible foi the sir[ Wrel rn)tua e riugassi>mtted with the project elernwit described ahovc. 2) Ad pernutring will be developed bi- others. 3) PI`dD ,.vdl develop the pe nlar der.itlu trued c'rn C urrendy as riltblc gcoto clip cat Information provided or confirmed by the( ity. 4) The City ha., snn,ey nisp_ and cap tbtltties to pr nlh tierce ".try base maps for be project and will provide all lass, in.tps to PNI) W Antxg AU ( unmr. 5) YNl) vviH Whose Mc(_ttis AmilJO [) standards for all mantilmd drmvinT,,. 6) 'I hr vehicle 1 ca{ges will be developed to WS Ol'de!agn standards, 7} CLr pcdn;trurrbridgcr will he devOolted the A ht HT'O wqumr meats lur pedestrian Midges. 8) 1'he sheet pile wells vtill be desmiTed it accordance an 4rSM IN H IM 2 2W2 "Rif umng; @Vans and Mud Walls ataudaub"and 1 EMA u e hum al gual"ltvrs. 4) All wu? bgond this :fairer scope v d be pedimmY on a Inc and expenses ban Lased on Poll) Standard 1?ate Sheri iorlAY in Anadumna 6. Thard.you Ctici Me oppotnn.11y to Ne al ose on hn, wosk hurl free in crnl[act ur d yon haven , qursuons oc coa mcnn;. Sown Vol CP^d L7 l,;rzgineees, Ivrc. Searle Ofhs,c Ram M. �ohnson, P'T ., t I,-, LP.IGi-) AP Prinropel Attar-hrnent A', Ptop-ctTe_am Budget Par(nkdown Attachment D: PNI) Standard If w altect \ 2/� Attachment 8 FNG IN b'.ER5, ING PND ENGINEERS, INC. STANDARD RATI I SGIIEIDUl.E EFFECTIVE NOVEMBER 2018 Ser:v tr t:rr„lacer VII IS1.95.00 Senior f:.np wer Vf $180.00 ;iesuor ling6neer V $160.00 senior Rnpsncar 1 V $15(wo Senior J;Jlgiacct 111 5140,110 Senior 1Cngineee II 3130.00 Senax Pei;nne�u:1 5;12000 t;ta fl 1::nplfw� r V f('I l5.O11 SlaIl .IV $110)JO Staff E':rpinccr1I1 $107,(In ;hall 1,rtl;ltteer it `f95.00 steall ,ul;meerI 'p'9H W) Euvironmcntal Scicatist VI 517U0 Environmental Scientist V F'I.SJ.Oo 1:';nvrronmental Scientist I V ' 140.00 Envieonnicntal Socnum III $125.00 Environmental SCt�"llC15t II S I l o0 60 f?llvironnuntal scientist I Fpp95,00 ("IS specialist S95.00 Som,,riand Swwwor ILL `�025.00 Semoi Laud Surveyor 11 ti115.D0 Senior 1,and Surveyor I t105A0 �!'sStlL0.ar�iS: 'Technician Vl °G'13(r,00 'Technician V .00 Technician 1V ;t,95.on Tedmician III 58;00 Tcalnician 11 $7,"r, o `Technician I $rr O 00 CAD 1 l sfg uwr V 1 'fo1I5.00 CAL)I tr 6tvi r V `"105,00 CA1)D sigace1V `n9(1.00 CAD Desnpuer fit $75,00 EXHIBIT B INSURANCE REQUIREMENTS FOR. CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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" Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. ProfessionaC Liability insurance appropriate to the Consultant's profession. 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, $2,000,000 general aggregate. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim. 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 A:VII. 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. 1C C CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD,YYYY) - 1/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S)„ AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the cortlfioate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsernent(s).. PRODUCER N Brenda Nolin, CIC, CISR NAME: RISQ Consulting PHONE We r1A.ExNl (907)365 5137 FAx (vu/Ise, feu 500 West 36th Avenue E-MAIL AD DRESS FAIL,Naj;, bnolinOrisgconsulting.com Suite 310 _.. .....,,,. INSURER(S)AFFORDING COVERAGE AND Anchorage ,. AK 99503 INSURERA National Surety Corporation 121881 INSURED INSURERs:Ohio Casualty Insurance CcEND 24074 173 Engineers, Inc. INSPRERC Alaska National Ins. Company ,38733 1736 Fourth Avenue S INSURER D Suite A _. ..,,, ,,, ...... _. . NSURER E Seattle WA 98134 INSURERF: COVERAGES CERTIFICATE NUMBER:18-19 SEA Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W T1 RESPECT TO WHICH THIS GET FIFICATE 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 BV PAID CLAIMS LTR TYPE OF INSURANCE POL16Y D CE VA601.iSUBk NI MBER POLICY EFF 'PoLICYYXp. .... ,,,LIRE h11 bM V le Y LIMITS $ COMMERCIAL GENERAL LIABILITY AM Beet Rating: At XV 1ACII GCUURHENCE 1$ 11000,000 A �. CLAIMS MADE I X OCCUR CAMACy$'Y(y R6rW"tFD 1,000,000 IPREM 2 IyF,$gC,g aCeulrertoGu] X COntraMYtual Liability X �MZX80989411 10/1/2019 10/1/2019 MEO ESE(A,1 ore onaN l .�,$ 51000 e IPLR50NI &ACV INJURY S 11000,000 GEN L AGREGA,I E IIMI I APPI F_S H R GENERAL'GORE GA FE IH 2,000,000 ..X I UI it:V JF O IOc - — IPRODUC fS COMPIOP AGO '$ 2,000,000 l 1 OTHER I AUTOMOBILE LIABILITY !AM Beet Rating: At XV McIME Y,'IN aLE LI g 11000,000 IEa a¢ddmq) A - : _ � BODILY INJURY(Per peraorl AUTOS I� I ALL TOS 1 SCHEDULED , OS AUTOS MR 10/1/2015 � 10/1/2019 BODILY INJURY(Peracle,,T) $ s 11T - NEO PROPPERTY OAMACE f X l HIRED AU X AUTOS AUTOS ) UMBRELLA A EXCESS X CI AIMS-MADE Art Beet Rating At XV I'I pGGREGATEn1 LNEL �S 9,000.000 _ OCCUR lV EAGH 11 X I I Excaee.con/Auto/➢mp1 aiab 0,000 EEO P h9rv1[Jh15 0 : XAE00032359135 10/1/2018 10/1/2019 IH, AND REPS COMPENSATIONRSLILIABILITY I !AM Beet Ratin At XV ^ �FR AND EMPLOVERS'LIABILIN 9° I X V/N 6TATWTE ANYOFFI PROPRIETOR/PARTNER/E�'ECUTIVE - — B 'IM., FR@dEMBER EXCLUOEOi IIN NIAI Alaska EL EACH ACCIDENT® $ 2.000,000 M ,,0otovPln NH) XW0E9000965 10/1/201E 10/1/2019 1 yyS tl IUNOFIF FL DISEASE_EP EMPLOYER 1,000,000 IUC56,1111 f14'7N F1F III'C.FA'tYDMf.^y pglmw UEDk Ina Luded F f L DISEASE POL Y'kLJMIf I T 1003 .040 C Employing Liabil ty _ WA �AMPest BS 10/l/2010I 10/l/2019 �,$'1,000,OOU E.L Ea Limil $1,000,000 Including OBL&H IAM gist Rating: SI,HO,000E LEa Employee Die Pgl Limit DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Atldlr..I Remarks S11-1e,may be attacnatl If more apace la raqul esd) Re: Mill Creek Rees tahl i shment Project. The Certificate Holder is an Additional Insured on the General Liability & Auto policies, but only if 'required by written contract or written agreement, per General Liability Multicover Endorsement Additional Insured provision CG7193 and Commercial Auto FleetCover Endorsement CA702B. It is agreed that such insurance as afforded the Certificate Holder on the General Liability & Automobile policies shall be primary and non-contributory with any other insurance in force for or which may be purchased by the Certificate Holder. CERTIFICATE HOLDER CANCELLATION NYoshitake@KentWA.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Engineering Administration/Public Works D ACCORDANCE WITH THE POLICY PROVISIONS, Attu: Nancy Yoshitake, Contract Specialis 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 96032 Brenda Nolin SUSANB ( ©1988-2014 ACORD CORPORATION. All IN3026(za14o1) rights reserved.. ACORD 25(2014l01) The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS CANCELLATION AS PER ALASKA STATUTE AS 21.36 .220 At least 10 days ' notice of cancellation is required if cancellation is for conviction of the insured of a crime having as one of its necessary elements an act increasing a hazard insured against, or for discovery of fraud or material misrepresentation made by the insured or a representative of the insured in obtaining the insurance or by the insured in pursuing a claim under the policy. At least 20 days ' notice is required for nonpayment of premium or for failure or rofusal Of the insured to prcvide the information necessary to confirm exposure or necessary to determine the policy premium. At least 60 days' notice is required if cancellation is fox any reason except as previously noted. Advance Notice Required fox' Nonrenewal Except in case of nonpayment of premium for the expiring policy, or if the insured fails to pay the premium as required by the insurer for renewal, an insurer may not fail to :renew a policy unless a written notice of nonrenewal is mailed at least 45 days before the expiration date of the policy or of -_he anniversary date of a policy written for a term longer than 1 year or with no faxed expiration date. It notice of nonrenewal is not given as required, the existing policy shall continue until the insurer provides notice for the kime period required by this secoLon for that policy. 1hrs section does not apply if the insurer has in good faith manifested its willingness to renew. [AS 21.36.2401 Advance Notice Required for Premium or Coverage Changes Written notice shall he mailed to the insured and to the agent or broker of record at least 45 days before expiration: *if renewal premium is increased more than 10 percent for a reason other than an increase in coverage or exposure base, or *if after renewal there will be a material restriction or reduction in coverage not specifically requested by the insured. If notice before expiration of the policy is not given as required by this section, the existing policy shall continue until the insurer provides notice for the time period required for that policy. This section does not apply to workers compensation insurance, OFREMARK COPYRIGHT 2000 AMS SERVICES INC. CERTIFICATE OF PROFESSIONAL LIABILITY INSURANCE ISSUED BY ARCIHTECTS AND ENGINEERS INSURANCE COMPANY Form N7706(08/89) Issue Date: 25-Jan-19 This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder, This Certificate does not amend, extend or alter the coverage afforded by the Policy. This certifies that a Professional Liability Insurance policy has been issued to the insured named below for the Policy period indicated. Notwithstanding any requirement,term or condition of the contract with respect to which this Certificate may be issued or may pertain, the insurance afforded by the Policy described herein is subject to all the terms, exclusions and conditions of such Policy, and any attachments or endorsements added thereto. INSURED: PND Engineers,Inc. 1736 Fourth Avenue S, Suite A Seattle, WA 98134 COMPANY: Architects and Engineers Insurance Company POLICY NO: 18-00001-01 EFFECTIVE DATE: 12/3I/2018 EXPIRATION DATE: 12/31/2021 LIMIT: $2,000,000 CERTIFICATE HOLDER: City of Kent Should the above described Policy be canceled before the expiration date, 220 Fourth Avenue South AE:IC will mail thirty days (30)written Kent, WA 98032 notice to the Certificate Holder named to the leal'j.._ ATTENTION: J,.( A. Peterson PROJECT: Authorized Representative Mill Creek Reestablishment 2056 Westings Avenue,Suite 20 Naperville,IL 60563 Telephone (800)437-2342/Fax(877) 437-2342 PND Engineers, Inc. Policy No. MZX80989411 MultiCovert - Without Medical Payments - CG 71 9301 14 Policy Amenciment(s) Commercial General Liability Coverage Form Your Commercial General Liability Coverage Form is occurred before you acquired or revised as follows: formed the organization; and Per-1. Broadened Tamed Insured (3) Coverage B does not apply to sonal and advertising injury arising A. SECTION 11 - WHO 1S AN INSURED, out of an offense committed before item 3., is deleted and replaced by the follow- you acquired or formed the organ- - ring: ization. 3. Any organization that you own at the B. SECTION 11 - WHO IS AN INSURliD, the inception of this policy, or newly acquire last paragraph, in deleted and replaced by the or form during the policy period, and following: over which you maintain during the pol- icy period majority ownership or major- No person or organization is an insured with ity interest, will qualify as a Named respect to the conduct of any current or past Insured if: partnership, joint venture, or limited liability company that is not shown as a Named In- a. 'there is no other similar insurance sured in the Declarations. However, this does available to that organization; and not apply to a limited liability company that meets all of the conditions in Section 11 - b. The first Named Insured shown in Who Is An Insured, item 3., above. the Declarations has the responsi- bility of placing insurance for that 2. Additional Insured organization; and If an Additional lnsured endorsement is attached c, That organization is incorporated or to this policy that specifically names a person or 8 organized under the laws of the organization as an additional insured, then this United States of America. Section 2. Additional Insured does not apply to such person or organization. ' llowever: SECT]ON 11 - WHO IS AN INSURED, sub- (1) Coverage under this provision 3 is section 2.e., is added as follows: afforded only until the next occur- ring annual anniversary of the be- C. Any person or organization is included as art ginning of the policy period shown additional insured, but only to the extent such in the Declarations,or the end of the, person or organization is legally obligated to policy period, whichever is earlier; pay for bodily injury, property damage or and personal and advertising injury caused by your acts or omissions. With respect to the insur- (2) Coverage A does not apply to bodily ante afforded to such additional insured, all injury or property damage that of the following additional provisions apply: This Form must be attached to Change EndnrS¢lnent when issued after the policy is written. One of the Fircman's-Fund trasuranee Companies as named in the policy e r secretary.. President N U CG]I93 1-14 a Cnpyn�lhl ni3, Piireman'.c Fund tntvranec Cnmpan, Novntn,CA_ All nghK rescrved. F tlne hoes copyngntcd material of lows...SC1Nec5 Office, Inc.•m ns he ma esion. Page 1 O1 8 (1) You have agreed in a written insured (1) Their liability as a grantor of a fran- contract that such person or organization chise to you. be added as an additional insured under this policy; (6) Jhis insurance does not apply to bodily injury, property damage, personal and (2) The bodily injury, property damage or advertising injury, occurrence or offense: personal and advertising injury for which said person or organization is legally ob- (a) Which takes place at a particular ligated to pay occurs subsequent to the premises after you cease to be a execution of such insured contract; tenant of that premises; (:l) The most we will pay is the lesser of (b) Which takes place alter all work, in- either the amount of insurance available eluding materials, parts or equip- under the applicable Limits of Insurance ment furnished in connection with shown in the Declarations or the limits such work to be performed by or on of insurance required by the insured behalf of the additional insured at contract; the site of the covered operations, (4) The insurance afforded to such additional has been completed; insured only applies to the extent per- (c) Which takes place after that portion mitted by law; of your work out of which the injury (S) Such person or organization is an addi- or damage arises has been put to its tional insured only with respect to', intended use by any other person or organization other than another (a) Their ownership, maintenance, or contractor or subcontractor engaged use of that part of the premises, or in performing operations for a pan- land, owned by, rented to, or leased cipal as part of the same project; or to you, except such person or or- ganization is not an insured with re- (d) Which takes place after the expira- spect to structural alterations, new lion of any equipment lease to construction or demolition open- which (4)(d) above applies; ations performed by or on behalf of such person or organization; (7) With respect to architects, engineers or surveyors, coverage does not apply to (b) Your ongoing operations performed bodily injury, property damage or per- for that insured; sonal and advertising injury arising out of the rendering or failure to render any (c) "Their financial control of you, ex- ce t such Professional services by or for you, m- p person or organization is eluding: not an insured with respect to struc- tural alterations, new construction (a) The preparing, approving, or failing or demolition operations performed to prepare or approve, maps, shop by or on behalf of such person or drawings, opinions, reports, surveys, organization; field orders, change orders, or draw- (d) The maintenance, operation or use ings and specifications; or by you of equipment leased to you by such person or organization; (b) Supervisory, inspection, architec- tural, or engineering services. (e) Operations performed by you or on your behalf and for which a state or 'those exclusions apply even if the claims against political subdivision has issued a any insured allege negligence or other wrongdoing permit, provided such operations are in the supervision, hiring, employment, training not performed for such state or pol- or monitoring of others by that insured, if the itical subdivision, and are not occurrence which caused the bodily injury or included within the products-com- property damage, or the offense which caused the pleted operations hazard; or personal or advertising injury, involved the CGJQ 1 1< Copyright 2017, Fuemank Fund Insuranyte CAmpany,Novato,CA, All r g), reserved. Inoupca copynghLm material of Invw-znec servicc%orrtt, Inc.,with iR yoory ixsioo. Page 2 of 7 rendering of or the failure to render any protes- (1) Demonstration, installation, servic- sional services by or for you. ing or repair operations, except such operations performed by the vendor 3. Addilional Insured - Vendors in full compliance with the man- ' ufacturer's written instructions at the If an Additional Insured Vendors endorsement Is vendor's premises in connection attached to this policy that specifically names a with the sale of the product; person or organization as an additional insured, then this Section 3. Additional Insured - Vendors (g) Products which, after distribution does not apply to that person or organization. or sale by you, have been labeled or relabeled or used as a container, part Unless the products-completed operations hazard or ingredient of any other thing or is excluded from this policy, SE0 EON 11 - WHO substance by or for the vendor; or IS AN iNSURLD, item 21 is added as follows: (h) Bodily injury or property damage f. Any vendor of yours is included as an addi- arising out of the liability of the lional insured, but only with respect to bodily vendor for its own acts or omissions injury or property damage caused by your or those of its employees or anyone o products which are distributed or sold in the else acting on its behalf, regular course of the vendor's business, sub- ject to the following additional exclusions: (2) This insurance does not apply to any in- sured person or organization from whom (1) The insurance afforded such vendor does you have acquired such products or an y not apply lo: ingredient, par[ or container, entering into, accompanying or containing such (a) Bodilv injury or property damage for products; which the vendor is obligated to pay damages by reason of the assump- (3) 7-he most we will pay is the lesser of ei- 4on of liability in a contract or Cher the amount of insurance available agreement. This exclusion does not under the applicable Limits of Insurance g apply to liability for damages that shown in the Declarations or the limits the vendor would have in the ab- of insurance required by the contract or sense of the contract or agreement; agreement; and (b) Any express waranty unauthorized (4) 'fhe insurance Albrdcd to such vendor by you; only applies to the extent permitted by law. (c) Any physical or chemical change in 4. Additional Insured - Limited Prim v and Non- the product made intentionally by contributory Provision the vendor„ The following is added as a second paragraph to (d) Repackaging,unless unpacked solely Section IV Conditions, Condition 4. Other lnsur- for the purpose of inspection, deco- arise, following paragraph b.(2): onstration, testing, or the substi- tution of pans under instructions I-lowever, if you have added any person, mpluiaa- from the manufacturer, and then re- lion or vendor of yours as an additional insured tea packaged in the original container; this policy by way of this MultiCover'lo endorse- ment and have agreed in a written insured contract (e) Any failure to make such in- that this insurance is primary and non-contribu- spectimrs, adjustments, tests or ser- tory with other insurance available to that addi- �? vicing as the vendor has agreed to linnad insured, this insurance is primary and we a make or normally undertakes to will not seek contribution from such additional make in the usual course of busi- insured's other insurance:, provided that the addi- u Hess, in connection with the distrib- tional insured is a Named Insured under such w fiction or sale of the products; other insurance. N u CG7193 1.14 Q f„lrspynghl 2013.F-rcman s Fund 11111UKe C:s.panb,NIaM.,CA All ngh,,r�crvcd is ItltlKl UdfS a°VSTtµMticd matcnal or tnno�mieo gCY'W€cn{M1l ddcm,Inc.,rv�lh its pernnta'mOn, Page 3 of 7 5. Waiver of Subrogation last paragraph, is deleted and replaced by the SIlC'17ON IV - COMMERCIAL GENERALfollowing: LIABILITY CONDITIONS, item S., is deleted Exclusions c. through n, do not apply to and replaced by the following: damage by tire, explosion, sprinkler leakage, or lightning to premises while: R. "Transfer of Rights of Recovery Against Oth- ers to Its and Blanket Waiver of Subrogation 1. Rented to you; a. If the insured has rights to recover all or 2. Ternporanly occupied by you with the part of any payment we have made under permission of the owner; or this Coverage Part, those rights are _ transferred to us. The insured must do 3, Managed by you under a written agree- nothing after the loss to impair those ment with the owner. rights. At our request, the insured will A separate limit of insurance applies to this bring suit or transfer those rights to us coverage as described in Section III -LIMITS and help us enforce them. OF INSURANCE, b, If required by a written insured contract B. SECTION Ill - LIMITS OF INSURANCE, executed prior to the occurrence or ol- item 6., is deleted and replaced by the f'ollow- fensc, we waive any right of recovery we ing: may have against any person or organ- ization named in such insured contract, 6. Subject to 5, above, the Darnage to because of payments we make for injury Premises Rented -To )'on Limit shown or damage arising out of your operations in the Declarations, for property damage or your work for that person or organ- to any one premises while rented to you, izalion. or in the case of damage by fire, explo- 6 Cancellation - 9U llays sion, sprinkler leakage, or lightning while • - rented to you, temporarily occupied by you with the permission of the owner, Common Policy Conditions endorsement IL0017, or managed by you under a written A. Cancellation, item 2.b. is deleted and replaced agreement with the owner, is the greater by the following: of: b. 90 days before the effective date of cancella- a. $1,000,000 Any One Premises; or tion if we cancel for any other reason. b. I he Damage 'To Premises Rented 7. Liberalization 'to You Limit shown in the Decla- ShCTION IV - COMMERCIAL GENERAL rations, LIABILITY CONDITIONS, the following is ad- C. SECTION 1V - COMMERCIAL GEN- ded as an addit'ionall Condition: F,RAL LIABILITY CONDITIONS, 4, (.ether Insurance, b. Is'xcess Insurance, (1)(a), Liberalization items (i) and (in), axe deleted and replaced by If we adopt a change in our forms or rules which the following. would broaden the coverage provided by any form (i) That is Fire, Explosion, Sprinkler I.eak- that is a part of this policy without an extra age or Lightning insurance for premises premium charge, the broader coverage will apply while rented to you, temporarily occu- to this policy. This extension,is effective upon the pied by you with permission of the approval of such broader coverage in your state. owner, or managed by you under a writ- R. Fire, Explosion, Sprinkler LeaAage, or Lightning ten agreement with the owner; IA,gal Llalnilily Coverage fill That is insurance purchased by you to cover your liability as a tenant for A. SECTION I - COVERAGES, COVERAGE property damage to premises rented to A BODILY INJURY AND PROPERTY you, temporarily occupied by you with DAMAGE LIABILITY, 2. Exclusions, the the permission of the owner,or managed CG91931 14 t'npynght'Z111 J ttrCman"a Fund I....... Cfrmp.'ray.Novato,CA. All piglntt rcscrved. pm;ludacol"ghl"I malarial of I„ygrnnf<S......OfLcc,Inc,wM av P,""+on, Page by you under a written agreement with 10. Non-Owned or Chartered Watercraft the owner; or SECTION I - COVERAGE'S, COVERAGE A D. SECI'ION V - DFI-INI.1'IONS, 9. Insured BODILY INJURY AND PROPERTY Contract, item a., is deleted and replaced by DAMAGE LIABILITY, 2. Exclusions, item g. the following: Aircraft, Auto, or Watercraft, item (2), is deleted and replaced by the following: (a) A contract for a lease of premises. However, that portion of the contract for (2) A watercraft you do not own that is: a lease of premises that indemnifies any (a) Less than 51 feet long; and person or organization for damage by fire, explosion, sprinkler leakage, or (b) Not being used for public transportation lightning to premises while rented to you, or as a common carrier; temporarily occupied by you with per- mission of the owner, or managed by you 11. Chartered Aircraft under a written agreement with the SECTION I - COVERAGES, COVERAGE A owner, is not an insured contract; BODILY INJURY AND PROPERTY DAM- 9, Damage to Invitees' Automobiles from Falling AGE LIABILITY, 2. Exclusions, g. Aircraft, Trees or Tree Limbs- Limited Coverage Auto Or Watercraft, item (6), is added as follows: This coverage applies to direct physical damage to (6) An aircraft in which you have no ownership automobiles owned by invitees subject to all of the interest and that you have chartered with following: crew. ]. Provided such damage originates from trees 2. Coverage Territory - Broadened on premises owned,managed,]eased or rented SF;C[ION V - DEFINITIONS, item 4.a., is de- by an insured; leted and replaced by the following: 2. Coverage applies only to invitees of an in- a. The United States of America (including its sured or an insured's tenant; territories and possessions), Puerto Rico, Canada, Bermuda, the Bahamas,The Cayman _ 3. Such damage is directly caused by wind-dri- Islands and the British Virgin Islands; ven falling trees or tree limbs; 13. Personal and Advertising Injury - Contractual 4. The most we will pay for any one loss is the lowest of: Unless personal and advertising injury is excluded from this policy the following applies: a. the actual cash value of the damaged au- tomobde as of the time of the loss; or SECTION I - COVERAGE'S, COVERAGE B, 2. Exclusions, item e., is deleted, b. the cost of repairing the damaged auto- 14. Fellow Employee Coverage mobile; or SECTION II - WHO IS AN INSURED, 2.a., i C. the cost of replacing the damaged auto- item (1) is deleted and replaced by the following; mobile with another automobile of like kind and quality. (1) Personal and advertising injury: s Regardless of the number of occurrences, However, subsections (a), (b), (c) and (d) of item losses or claims, this coverage is subject to a (1) remain unchanged. `a limit of$25,000 in any one policy period; 15. Bodily Injury Definition - Broadened 5. This coverage is not subject to the General SgCfIIIN V - DEFINITIONS, 3. Bodily Injury w Liability General Aggregate Limit; and is deleted and replaced by the following: '....... 6. We will make payments under this coverage Bodily injury means bodily injury, sickness or dis. N without regard to fault, ease sustained by a person including death or u CG7193 1 14 N C"yn&ht]013,fire ,n,Fund Insut&nve Conop o , Novato,CA All nghGr reserved. N Includex copyngpl{Ge mnucnal of pnqurxnce ScrJl<tV Dfficc, Inc., w1u,its penw%t ion. Page 5 Of 7 8 mental anguish resulting from any of these at any 19. Duties in the Event of an Occurrence, Offense, • time. Mental anguish means any type of mental Claim or Suit - Amended or emotional illness or disease. SECTION IV - COMMERCIAL GENERAL 16. Expected or Intended Injury - Amendment to Ex- LIABILITY CONDITIONS, item 2.a. is deleted elusion and replaced by the following: SECTION 1. Coverage A Bodily Injury and Pro- (1) You must see to it that we or any licensed perty Damage Liability, 2. FXCLUSIONS, a. Fx- agent of ours are notified of a General Liabil- pected or Intended Injury, is deleted and replaced itv occurrence or offense which may result in by the following: a claim as soon as practicable after it becomes known to: a. Expected or Intended Injury (a) You, if you are an individual; Bodilv injury or property damage expected or (b) Your partner or member, if you are a intended from the standpoint of the insured. partnership or joint venture; This exclusion does not apply to bodily injury (c) Your member, if you are a limited liabil- or properly damage resulting from the use of ity company; reasonable force to protect persons or prop- erly, (d) Your executive officer if you we an or- ganization other than a partnership, joint 17, Unintentional Failure to Disclose Hazards venture or limited liability company; or SECTION IV - COMMFRCIAI-. GENERAL (e) Your authorized representative or insur- LIABII,I'IY CONDITIONS, item 6. Representa- ance manager. tions, the following is added: Knowledge of an occurrence or offense by • '.. d. If you unintentionally fail to disclose any ha- persons other than those listed above does not zards existing at the inception date of this imply that those listed above also have such policy, we will not deny coverage under this knowledge. Coverage Fonn because of such failure. (2) To the extent possible, notice should include: However, this provision does not affect our right to collect additional premium or exercise (a) How, when and where the occurrence or our right o1 cancellation or non-renewal, offense took place; 19 Supplementary Payments - Increased Limits (b) The names and addresses of any injured persons and witnesses; and SECTION I - COVERAGES, SUPPLEMEN- TARY PAYMENTS - COVERAGES A AND (c) The nature and location of arty injury or B, items Lb. and l.d-, are deleted and replaced by damage arising out of the occurrence or the following: offense. 20. Non Employment Discrimination Liability K 'The cost of bail bonds required because of accidents or traffic law violations arising out Unless personal and advertising injury is excluded of the use of any vehicle to which the Bodily from this policy the following upphcs: Injury Liability Coverage applies. We do not have to furnish these bonds. A. SECTION V - DEFINITIONS, 14. Personal and advertising injury, item h. is added as fol- d. All reasonable expenses incurred by the lows: insured at our request to assist us in the investigation or defense of the claim or suit, h. Discrimination. including substantiated loss of earnings up to B. *o',a-riON V - DEFINITIONS, item 21 is . $500 a day because of lime off from work. added as follows: CG71931-1a Curpyriy^,Mt 20d7,F ireman's fund inzurmcc Company,Novato,CA. All rrrfr4s.rc%crved. Includ"copynogcd malenal of Encuranes Strvicti om",Inc.,wish its prrminion' Page 6 of 7 23. Discrimination means the unlawful treat- r. Discrimination directly or indirectly re- ment of a person or class of persons be- lated to the sale, rental, lease or sublease cause of their specific race, color, religion, or prospective sale, rental, lease or sub- '.. gender, age, or national origin in com- lease of any dwelling or permanent lodg- parison to one or more persons who are ing by or at the direction of any insured', not members of the specified class. C. SLC-I'[ON I - COVERAGES, CDVERAGE S. Discrimination, if insurance thereof is 13 PRRSONAI: AND ADVRRTISING IN- prohibited by law; or JURY LIABILITY, 2. Exclusions, the fol- t. Fines, penalties, specific performance, or lowing are added: injunctions levied or imposed by a gov- q. Discrimination directly or indirectly re- emmental entity, governmental code, lined to the past employment, employ- law, or statute because of discrimination. ment or prospective employment of any person or class of persons by any insured', All other terms and conditions of the policy apply- ,., � 0 z 0 c) a u N U CG7U3 1.14 CQPYri M 2013.tn,sman'a Fund Ar nµ�nuv rescrvW, K Ia aura, C;r,)m any,r, w,CA All o IncluJty'CflFyrighdett matenal of YoxsuYadicd Scwisen Ofl"vec, w�Lh its P+,rmrsrion' page 7 of 7 PND Engineers, Inc. Policy No. MZX8O989411 FleetCovery Endorsement - Alaska - CA 70 28 10 14 Policy Amendment(s) 'Ibis endorsement modifies insurance provided under the following: Business Auto Coverage Form Motor Carrier Coverage Form With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi icd by the endorsement. A. Broadened Named Insured Section If - Covered Autos Liability Coverage, A. Coverage, 1. Who Is An Insured, the following is added: Any organization you own on the inception of this policy, or newly acquire or form during the policy period, and over which you maintain during the policy period, majority ownership or majority interest will qualify as a Named Insured if: (1) "There is no other similar insurance available to that organization; and (2) The first Named Insured shown in the Declarations of this policy has the responsibility of placing insur- ance for that organization; and (3) The organization is incorporated or organized under the laws of the United States of America. However: S (a) Coverage under this provision is all'orded only until the next occurring 12 month anniversary of the be- ginning of the policy period shown in the Declarations,or the end ol'the policy period, whichever is earlier; and (b) Coverage under this provision does not apply to bodily injury or property damage that results from an accident that occurred before you acquired or formed the organization; arid (c) No person or organization is an insured with respect to any current or past partnership, or joint venture that is not shown as a Named Insured in the Declarations; and (d) Coverage under A.(]), (2) and (3) above does not apply to any organisation that is covered as an insured undei any other automobile liability insurance policy whose bmits of insurance have been exhausted or whose insurer has become insolvent. z B. Broadened Who Is an Insured 1. Form CA0001 (if attached to this policy), Section II - Covered Autos Liability Coverage, A. Coverage, L Who Is An Insured, item b.(2) is deleted, and d. is added as follows: d. Your employee while using with your permission his owned auto, or an into owned by a member of `a his or her household, in your business or your personal afla rs, provided you do not own, hire or borrow that auto. a U U 4 This Form must be attached to Change Endorsement when issued after the policy is written. N One of the Fireman s Fund Insurance Companies as named in the policy u ry CA702810-14AK V 20141 roman's Fund Insurance Cumpany, Novato,CA. All rights reserved. Page l Of 9 2. Form CA0020 (if attached to this policy), Section It - Covered Autos Liability Coverage, A. Coverage, 1 Who 1s An Insured, item b.(2) is deleted, and f. is added as follows: f. Your employee or agent while using with your permission his owned private passenger type auto, or a private passenger type auto owned by a member of his or her household, in your business or per- sonal affairs, provided you do not own, hire, or borrow that auto. C. Additional Insured Coverage and Waiver of Subrogation I. Rolm CA0001 (11 attached to this policy), Section II- Covered Autos Liability Coverage, A. Coverage, 1. Who Is An Insured, the following is added as item e.; and form CA0020(if attached to this policy), Section II - Covered .Autos Liability Coverage, A. Coverage, 1. Who Is An Insured; the Following is added as item g-: 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 under an expressed provision in a written insured contract or written agreement, or a written permit issued to you by a governmental or public authority, to add such person, organization, or governmental or public authority to this policy as an insured. I owever, such person or organization is an insured: (1) Only with respect to the operation, maintenance, or use, of a covered auto; and (2) Only for bodily injury or property damage caused by an accident which takes place after: (a) You executed the insured contract or written agreement; or (b) The permit has been issued to you. • 2. Form CA0001 (if attached to this policy), Section IV- Business Auto Conditions, A. Loss Conditions, item 5.; and form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, A. Loss Condi- tions, item 6.; the following is added: Waiver of Subrogation It required by a: a. Written insured contract or written agreement executed prior to the accident; or b. Written permit issued to you by a governmental or public authority prior to the accident; we waive any right of recovery we may have against any person or organization named in such contract, agreement or permit, because of payments we make for injury or damage arising out of a covered auto. Ill. Auto Medical Payments- Increased Limit For each covered auto described in the Declarations or shown in the Schedule as having Auto Medial Pay- ments Coverage., the Medical Payments Limit of Insurance for those autos is revised to the greater of: 1. $5,000; or 2. The limit shown in the Declarations. E. Hired Auto Physical Damage Coverage and Loss of Use Expenses Hired ,Auto Physical Damage Coverage If Physical Damage Coverage is provided by this pobcy on vour owned covered aa105, the following applies: CA702a 10-I4 AK e)201 G Pinman's Fund Insurance Company.Novato,CA. All nghLs rescrvc7. Page 2 of 9 Any auto that you lease, hire, rent or borrow without a driver, will be covered under this policy for Physical Damage Coverage. 1-lowever, any such auto: 1. Will be covered only for the same Physical Damage Coverage that applies to your owned covered autos; 2. Will be subject to the same applicable deductible shown in the Declarations that applies to your most similar owned covered auto, except any Comprehensive Coverage deductible does not apply to loss caused by lire or lightning; and 3. The most we will pay for any one loss in any one accident is the lesser of the following: a. Actual Cash Value of the damaged or stolen property as of the time of the loss as determined by us; or b. The cost of repairing or replacing the damaged or stolen property with other properly of like kind and quality. In addition, we will pay costs and fees associated with such covered loss only for a maximum time period of seven days beginning with the date of loss, subject to a maximum of$500. I-lowever: (1) If form CA0001 is attached to this policy, this coverage does not apply to autos you lease, hire, rent or borrow from any of your employees, partners (if you are a partnership), members (if you are a limited h- ability company) or members of their households; and o (2) If form CA0020 is attached to this policy, this coverage does not apply to any private passenger type auto you lease, hire, rent or borrow from any member of your household, any of your employees, partners (S you are a partnership), members (if you are a limited liability company), or agents or members of their households. Hired Auto Loss of Use Expenses Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Coverage, 4. Coverage Extension, b. Loss of Use Expenses; is deleted and replaced by the following: b. For Hired Auto Physical Damage, we will pay expenses for which an Insured becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: r< (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered auto; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of boss is provided for any covered auto; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered auto. a However, the most we will pay for any expenses for lass of use is $100 per day, to a maximum of$1,000. 0 1'. Coverage Territory - Hired Auto ]. Form CA0001, (if attached to this policy), Section IV- Business Auto Conditions, 13. General Conditions, 7. Policy Period, Coverage 'Territory, b.(9) is deleted and replaced by the following: 4 CA 702810-14 AK g 2014 Fircman's Fund Insurance Compny, NovaLo,CA. All rights reserved. Page 3 Of y S (5) Anywhere in the world if a covered auto of the private passenger type is leased, hired, rented or bor- • rowed without a driver for a period of 180 days or less, 2. Form CA0020 (it attached to this policy), Section V - Molor Carrier Conditions, B. General Conditions, 7. Policy Period, Coverage Territory, b.(5) is deleted and replaced by the following: (5) Anywhere in the world if a covered auto of the private passenger type is leased, hired, rented or bor- rowed without a driver far a period of 180 days or less, G, Communication Equipment Coverage I. Form CA0001 (if attached to this policy), Section III -Physical Damage Coverage, C. Limits o1 Insurance, Paragraph l.b.; and Form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, C. Limits of Insurance, Paragraph Lb.; is deleted and replaced by the following: b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one loss is $1,500, if, at the time of loss, such electronic equipment is: 1-1. Tapes, Records, CDs and DVD Coverage The Physical Damage Coverage Section is amended as follows: I. , The exclusion referring to tapes, records, discs, or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment does not apply. 2. Under Comprehensive Coverage - Form CA0001 (if attached to this pohcy), Section III - Physical Dam- • age Coverage, A. Coverage; and form CA0020 (it attached to this policy), Section IV - Physical Damage Coverage, A. Coverage; the following is added: We will pay for loss to tapes, records, discs or other similar devices used with audio, visual or data elec- tronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data elec- tronic devices: a. Are your properly, or that of a family member; and b. Are in a covered auto at the time of a loss. The most we will pay for loss is $250. No deductible applies to this coverage. 1. Personal Effects Coverage Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage, 4. Coverage Extensions; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Cover- age, 4. Coverage Extension; item c, is added as follows: C. Personal Effects Coverage We will pay up to $500 for loss for clothing items or other personal effects that are owned by an insured and are in a covered auto in the event of a covered loss. Personal Effects do not include audio visual or electronic devices, money, gd'tcards, securities, jewelry, or tools. • No deductible applies to this coverage. CA7029 10-14 AK 0 2014171..m n,Fund Ina'urancc Company,Novato,CA. All r ghL,reacrvcd, Page 4 of 9 J. Airbag Coverage Dorm CA0001 (if attached to this policy), Section III - Physical Damage Coverage, B. Exclusions, 3.a.; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, B. Exclusions, 3.a.; the following is added: However, mechanical breakdown does not mean the unintended discharge of an airbag, provided that any loss covered under this provision is excess over any other warranty designed to cover such unintended discharge. K. Rental Reimbursement Dorm CA0001 (it attached to this policy), Section III - Physical Damage Coverage, A. Coverage, 4. Coverage Extensions; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Cover- age, 4. Coverage Extension; item d. is added as follows: d. Rental Reimbursement or Transportation Expenses If loss occurs to a covered auto described or designated in the Declarations or Schedule and covered for Physical Damage Coverage, we will pay for rental expenses for the rental of a similar replacement auto and additional transportation expenses, incurred by you. This payment applies in addition to the otherwise applicable amount of each coverage you have on the covered auto. No deductible applies to this coverage. However. (1) We will pay only for those expenses incurred by you that begin 24 hours after the covered loss. o (2) We will cease paying for those expenses, regardless of the policy's expiration date, at the earlier of the following dates: 0 (a) The number of days reasonably required to repair or replace the covered auto. If loss is caused by theft, this number of days is added to the number of days it takes to locate and return the covered auto to you; or (b) 45 days from the dale this coverage begins. (3) Our payment is limited to the lesser of the following amount: (a) Necessary and actual expenses incurred by you; or (b) $1,500, z (4) This coverage does not apply while there are spare or reserve autos available to you for your oper- ations. (5) If loss results from the total theft of a covered private passenger type auto (if CA0020 is attached to s this policy), or a covered private passenger auto (if CA0001 is attached to this policy), we will pay `4 under this coverage only that amount of your covered rental expenses or additional transportation expenses which are not already provided for under the Physical Damage Coverage Extensions. a L. Extended Towing Coverage w 1. Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage, 2. N -1 owing, is deleted and replaced by the following: u m CA 70'.8 10-14 AN U 2014 Firemans fund Insurance Company, Novato,CA. All r&hLs reserved. 8 Page 5 of 9 1 Extended Towing We will pay up to $750 per disablement for lowing and labor costs you incur each time your covered auto is disabled. I lowever: a. All labor must be performed at the place of disablement; and b. If the covered auto is of the private passenger type, no deductible applies; and C. If the covered auto is not of the private passenger type, our obligation to pay will be reduced by a $250 deductible per disablement. d. If the covered auto is not of the private passenger type and the disablement results from a loss covered under Section III - Physical Damage Coverage, A. Coverage, Paragraphs I, a., b., or c., there is no separate deductible for the Extended "lowing Coverage. For purposes of this coverage, disablement means a breakdown of the covered auto including me- chanical breakdown, engine failure, or tire blowout, where repairs cannot be made roadside and a tow is required to remove the auto from the roadway and to seek additional services and repair. 2. Dorm CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Coverage, 2. 'Towing - Private Passenger Autos, is deleted and replaced by the following: 2. Extended -Cowing We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However: • a. All labor must be performed at the place of disablement; and - b. If the covered auto is of the private passenger type, no deductible applies; and c. If the covered auto is not of the private passenger type, our obligation to pay will be reduced by a $250 deductible per disablement. d. If the covered auto is not of the private passenger type and the disablement results from a loss covered under Section IV - Physical Damage Coverage, A. Coverage, Paragraphs I, a., b., or c., there is no separate deductible for the Extended 'rowing Coverage. '.. For purposes of this coverage, disablement means a breakdown of the covered auto including me- chanted breakdown, engine failure, or tire blowout, where repairs cannot be made roadside and a tow is required to remove the auto from the roadway and to seek additional services and repair. M. Cancellation- 120 Days Notice If we cancel this policy for any reason other than nonpayment of premium, we will mail to the first Named Insured at the last mailing address known to us, written notice of cancellation at least 120 days prior to the effective date of cancellation. N. Supplementary Payments - Increased Limits Section II - Covered Autos Liability Coverage, 2. Coverage Extensions, a. Supplementary Payments, items (2) and (4) are deleted and replaced by the following: (2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because • of an accident we cover. We do not have to fu,mish these bonds. CAM&10 14 AK CC 2014 Pircman s I and Insurance Company, Novato,CA. All oghu reserved. Page 6 of 9 (4) All reasonable expenses incurred by the insured at our request, including substantiated loss of earrings up to $500 a day, because of time off from work. O. Duties In The Event of Accident, Claim, Suit or Loss- Amended Form CA0001 (if attached to this policy) Section IV - Business Auto Conditions, A. loss Conditions, item 2. a.; and form CA0020 (if attached to this policy) Section V - Motor Carrier Conditions, A. Loss Conditions, item 2. a.; is deleted and replaced by the following: a. 1n the event of accident, claim, suit or loss, you must promptly notify us or our authorized representative when it becomes known to: (1) You, if you are an individual; (2) Your partner or member, if you are a partnership or joint venture; (3) Your member, if you are a limited liability company; o (4) Your executive officer if you are an organization other than a partnership, joint venture or limited li- ability company; or (5) Your authorized representative or insurance manager. Knowledge of an accident, claim, suit or loss by other persons does not imply that the persons- listed above have such knowledge. Notice should include: - a (a) I low, when and where the accident or loss occurred; and S (b) The insured's name and address; and o (c) 'fo the extent possible, the names and address of any injured persons and witnesses. -. '.... I'. Unintentional Failure to Disclose Hazards Norm CA0001 (it attached to this policy), Section IV - Business Auto Conditions, B. General Conditions, item 2.; and font C,A0020 (if attached to this policy), Section V- Motor Carrier Conditions, B. General Conditions, t item 2.; the following is added: However, if you unintentionally fail to disclose arty hazards existing at the inception date of this policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Q. Fellow Employee Coverage N Section If - Covered Autos Liability Coverage, B. Exclusions, 5. Pellow Employee, the following is added: However, this exclusion docs not apply if the bodily injury results from the use of a covered auto you own or hire., and provided that any coverage under this provision only applies in excess over any Workers Compensation or (Employers I.iabilny insurance. a R,. Limited Mexico Coverage a u LL WARNING AUTO ACCIDENTS IN MEXIC O ARF' SOBJECT TO THE 1,AWS OE MEXICO ONLY - NOT THE LAWS OF rHI.i UNITED STATES OF AMERICEA. THE RENIIBI,IC Of." M iXICO CONSIDERS ANY AUf*O ACCII)I!ENT A CRIMINAL OFF LNSE AS WI)F.I, AS A CIVIL MA'17 ER. �o CA902810-14 AK 4)2014 Fwman's Fund Insurance Company, Novato,CA. All ogpLx reserved. Page 7 of 9 IN SOME CASES THE, COVERAGE PROVIDED HERE MAY NOT BE RECOGNIZED BY THE MI XICAN AUTHORITIES AND WE MAY NO'l BE ALLOWED TO IMPITMFN"1 TINS COVER- AGE A9 ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING IN MEXICO. THIS 1?NDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR OUT- SIDE OF 25 MILES PROM TIIE BOUNDARY OF THE UNI FED STATES OP AMERICA. Form CA0001 (If attached to this policy), Section IV - Business Auto Conditions, B. General Conditions, item 7.; and Dorm CA0020 (if attached to this policy), Section V- Motor Carrier Conditions, B. General Conditions, item 7.; the following is added: The coverage territory is extended to include Mexico, but only: (i) For accidents or losses occurring within 25 miles of the United Stales border; and (ii) For trips into Mexico of 10 days or less; and (in) If the covered auto is principally garaged and principally used in the United States; and (iv) If the insured is a resident of the United States. If a loss to a covered auto occurs in Mexico, we pay for such loss in the United Stales. If the covered auto must be repaired in Mexico in order to be driven, we will not pay for more than the actual cash value of such loss as determined by us at the nearest United States point where the repairs can be made. S. Extended Glass Coverage Form CA0001 (if attached to this policy), Section III- Physical Damage Coverage, A. Coverage, item 3.a.; and . form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Coverage, item 3.a.; is deleted and replaced by the following: a. Glass breakage. If glass must be replaced, the deductible will be $100 or the deductible shown in the Declarations, whichever is less. If glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. T. Broadened Definition of Bodily Injury Form CA0001 (if attached to this policy), Section V - Definitions, item C.; and Form CA0020 (it attached to this policy), Section VI - Definitions, item C.; is replaced by the following: C. Bodily injury means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U- Customer Lease or Loan Physical Damage Coverage Extension Form GA000I (if attached to this policy), Section III- Physical Damage Coverage, C. Limits of Insurance;and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, C. Limits of Insurance,item 4. is added as follows: 4. B'your covered owned auto is: ',.. (1) Shown in the Schedule and designated as covered for physical Damage Coverage; and (2) Shown in this policy as having a loss payee or additional insured-lessor; and . (3) Incurs a covered total loss; CA7029 I M 4 AK ©2014 Fnr marle'Fund Insurance Company,Novato,CA. All rights reserved. Page 8 of 9 we will pay the greater of: (a) The actual cash value, as determined by us, of the damaged or stolen property as of the time of the total loss; or (b) The outstanding indebtedness under the initial finance agreement for the covered auto and its equip-ment. As used here, outstanding indebtedness means the amount you owe on the finance agreement at the time 0 of total loss: (1) Less any amounts representing taxes, overdue payments, penalties, interest, or charges resulting from overdue payments, additional mileage, excess wear and tear, or lease termination fees; and (ii) Less any administrative costs or overhead fees assessed by the finance company who has teased the covered auto to you; and (in) Less security deposits not returned by the lessor; and (iv) Less costs for extended warranties, Credit Life Insurance, l lealth, Accident or Disability Insurance purchased with the loan or lease; and (v) Less carry-over balances from previous loans or leases. V. Two or More Deductibles L Section III - Physical Damage Coverage, D. Deductible of form CA0001 (if attached to this policy), the following is added: If another Fireman's Fund Insurance Company policy or coverage form that is not an automobile policy or coverage form applies to the same accident or loss, the following applies: 8 (1) if the deductible under this Business .Auto Coverage Form is the lesser (or least) deductible, it will be waived. (2) If the deductible under this Business Auto Coverage Form is not the lesser (or least) deductible, it will be reduced by the amount of the lesser(or least) deductible. 2. Section IV - Physical Damage Coverage, D. Deductible of form CA0020 (if attached to this policy), the following is added: If another Fireman's Fund Insurance Company policy or coverage form.that is not an automobile policy or coverage form applies to the same accident or Moss, the to Mowing applies: r< (1) If the deductible under this Motor Carrier Coverage Form is the lesser (or least) deductible, it will be iwaived. (2) If the deductible under this Motor Carrier Coverage Form is not the lesser (or least) deductible,it will be reduced by the amount of the lesser(or least) deductible. All other terms and conditions of the policy remain unchanged. a a u u w w u a CA7028 10 15 AK 0 2014 hn,ru.n',Fund Insurance Company,Novato,CA. All dgh[s n 1e1,d. Page 9 Ol 9