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HomeMy WebLinkAboutCAG2019-446 - Original - Meridian Enviornmental, Inc. - Johnson Creek Critical Area & Fish Passage Study - 10/17/2019 Agreement Routing Form KEN T For Approvals,Signatures and Records Management W n 5 H 1.G,O N This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Taj Schade Department: Public Works Date Sent. 10/18/19 Date Required: 10/22/19 Authorized Director or Designee Date of a, to Sign: Council N/A aMayor Approval: Budget D20012 Grant? Yes W1 No Account Number. Type: N/A Vendor or Name: Meridian Environmental Inc. Cate g y. Contract C Vendor 2110960 Sub-Category o Number: EProject Name: Johnson Creek Critical Area and Fish Passage Study 0 C� Project Details: Prepare a critical area report with fish passage evaluation. c EAgreement 9 917 Basis for 0 Amount: r Selection of Contractor. a Start Date: 10/17/19 Termination Date: 12 31 19 Notice required prior to 1:1Yes No 1:1Contract Number: disclosure.7 Date Received by City Attorney: Comments: c 0 O cc VA OI L l0 0 Date Routed to the Mayor's Office: in d Date Routed to the City Clerk's Office: .9 d cc Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 • KENT W A S H N G T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and Meridian Environmental, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation ' (hereinafter the "City"), and Meridian Environmental, Inc. organized under the laws of the State of Alaska, located and doing business at 2136 Westlake Ave. N., Seattle, WA 98103, Phone: (206) 522-8282, Contact: Jason Shappart (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 prepare a critical area report with fish passage evaluation for Johnson Creek. 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 Nine Thousand, Nine Hundred Seventeen Dollars ($9,917), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible :for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently" established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. k 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 Consultbrit's performance of this Agreement, except for that portion of the injuries and damages caused by the City's, negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work'shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state,<and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same 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: rY OF KENT: By: (signature) (signature) Print Name: Robyn D. Rice Print Name: Timothy J. LaPorte, P.E. Its: Secretary rr L Its: Public Works Director DATE: October 16,ti1�U19 DATE: L 1-Z — /ZO/Z NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jason Shappart Timothy J. LaPorte, P.E. Meridian Environmental, Inc. City of Kent 2136 Westlake Ave. N. 220 Fourth Avenue South Seattle, WA 98109 Kent, WA 98032 (206) 522-8282 (telephone) (253) 856-5500 (telephone) (206) 522-8277 (facsimile) 253 856-6500 facsim ATTES : Kent City Clerk Meridian Enviornmen[al-Johnson CreeWSchade CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Meridian Environmental, Inc. Title: Secretary Date: October 16, 2019 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 'he 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 Publi. 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 opp, rtunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Mer idian Environmental Sciences Regulatory Planning Project Management Envtronmental,ino. July 19, 2019 Taj Schade, Environmental Technician II City of Kent Environmental Engineering Subject: City of Kent Beaver Dam—Pond Leveler Project Critical Area Report Scope and Cost Estimate 4 Dear Taj, Meridian Environmental, Inc. (Meridian) is pleased to respond to your request for a scope of work and cost estimate to prepare a critical area report with fish passage evaluation of a proposed pond leveler to address high water issues related to a persistent beaver dam on Johnson Creek in the vicinity of Orillia Road and 42nd Avenue South in Kent, Washington. We understand that through the environmental review process at the City of Kent,a critical area report needs to be completed and should contain the information included in KCC 11.06.070.E and should address the standards and criteria for alteration or development in streams and buffers in KCC 11.06.690. As the pond leveler may be considered a potential fish passage barrier by Washington Department of Fish and Wildlife,the City has indicated the critical area report should address this concern as well and explain how this concern is mitigated. The report should also discuss if there are other areas of disturbance to critical areas or their buffers(if any)that may occur during the installation of the pond leveler and restoration of those impacts. As indicated by the City of Kent, a wetland delineation is not required. To address this request for a critical area report, Meridian will complete the following tasks (costs by task are presented in Table 1). I. Conduct a site visit to characterize existing critical areas and to evaluate fish passage potential at the existing beaver dam. During the site visit, simple measurements of the height and width of the beaver dam will be taken to evaluate existing fish passage conditions. Qualitative information will be recorded to describe existing critical areas(wetland/stream habitat/buffer condition) in the vicinity of the beaver dam(project site). 2. Conduct a literature review of beaver dam pond leveler technology,focusing on fish passage issues/evaluations. Meridian will conduct a literature review(scientific journal and grey literature sources)and summarize any pertinent literature where pond leveler technology has been studied to evaluate fish passage concerns. 2136 Westlake Ave.N.,Seattle,WA 88103 Tel 206 522-8282 Fax 206 522-8277 www.meridianenv.com City of Kent Beaver Dam Pond Leveler Critical Area Report July 19,2019 Page 2 3. Prepare draft critical area report. Meridian will prepare the critical area report following the guidance given above in code citations, including a fish passage evaluation. To prepare the critical area report, Meridian assumes the City will provide all construction, operation and maintenance details of the pond leveler for evaluation. The critical area report will describe existing conditions of the critical areas on the site (wetlands, streams, buffers)and describe proposed project impacts, and any impact mitigation proposed by the City. The fish passage evaluation will consist of describing the general physical nature of the existing beaver dam, discuss how the proposed pond leveler would be constructed, operated, and maintained by the City, and qualitatively discuss how juvenile and adult salmonid and lamprey passage maybe affected. We will also discuss the potential fish passage issues related to the long term existence of a beaver dam at the site with no alternation to characterize the baseline fish passage conditions. This evaluation will be qualitative in nature and will rely on results of the literature review, existing fish passage criteria for juvenile and adult salmonids and lamprey, qualitative evaluation of existing conditions at the site, and professional judgement. The evaluation will not involve any hydraulic or fish passage modeling, 4. Prepare final critical area report. Meridian will revise the draft critical area report based on one round of review by City staff. This assumes that one draft document is provided with all City comments in"tracked changes". A final report will be provided within two weeks of receiving one round of City comments. 1,Jason Shappart(senior fisheries scientist)will conduct this work. Based on existing workload, I can conduct the site visit the weeks of August 5thand August 19th. The draft critical areas report will be provide to the City for review no later than four weeks following the site visit. Please do not hesitate to contact me with any questions you may have. 1 can be reached at 503-747-3011 (office), 503-860-3561 (cell), or jshappart2meridtanenv com. We appreciate your consideration of this scope of work and cost estimate. Sincerely, Meridian Environmental, Inc. k. Y - Jason Shappart Senior Fisheries Scientist, Vice President City of Kent Beaver Dam-Pond Leveler Critical Area Report July 19,2019 Page 3 t Staff Direct Ex sas_ Table 1. Cost Estimate &i Meridian Environmental,Inc. g o Prepared for a c Tie City of Kent-Beaver Dam-Pond Leveler Critical Area Report iu �4 Sc a - 2 U Cost Hourly Rate 2019: $122 $98 $105 Tasks and Descriptions Hours Cost Task 1: Site Visit Obtain and review existing info(project plans ex, Istin�reports,etc. 4 I µ $488.0Q ,m Conduct site visit.inel !a__"vel) 12 51,464.00 Task i Labor Totals 16 0 0 51,952.00 ------------- Task!Direct Expenses ^ Round tri mites a from Forest Grove office to site _ mile 400 a0.580 $232.00 Task 1 Direct Expense Totals _ $232.00 Task 1 Total $2184.00 Task 2:Literature Review of Pond Leveler Fish Passage Information Conduct literature review 16 $1,952.00 -------------- mate summary of literature review � 4 Task 2 Labor Totals 20 0 0 y-- $488.00 S2,440.00 Task 2-DrractExpenses none - 50.00 Task 2 Direct Expense Totals $0,00 Task 2 Total $2 .00 Task 3:Draft Cdtical Area Report -- - — Prepare draft critical area report 32 1 i 2 $4.212.00 Task 3 Labor To 32 1 2 f $4 212.00 1 .... Task 3 Direct Expenses none - $0.00 Task 3 Direct Expense Totals $0.00 Task 3 Total $4 212.00 Task 4:Final Critical Area Report Pre are final critical area report_ $1.081.00 _ 8 1 Task 4 Labor Totals 8 0 I rv_ 511081.00 Task 4 Direct Expenses none __ mile7, n$0 54 $0.00 Task 4 Direct Expense Totals $0,00 Task 4Total _ $1,081.00 GRAND TOTAL: 76 1 3 $9,917.00 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 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. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified 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 Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Client#:469677 MERIDENVIRI ACORD. CERTIFICATE OF LIABILITY INSURANCE r DATE(MM/DD/YYYY) 9/10/2019 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 certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEA T Shelley Self Marsh &McLennan Agency LLC PHONE (A/C, Ext:858-750-4551 Marsh &McLennan Ins.Agency LLC E-MAIL AAc No: 858-452-7530 PO Box 85638;CA Lic#OH18131 ADDRESS: Shelly.Self@marshmma.com San Diego,CA 92186 INSURERS)AFFORDING COVERAGE NAIC# INSURER A:The Charter Oak Fire Insurance Company 25615 INSURED INSURER B:Travelers Indemnity Co of America 999999 Meridian Environmental, Inc. Travelers Property Casual Co of Amer 25674 2136 Westlake Ave N. INSURER C: p y Casualty INSURER D:Evanston Insurance Company 35378 Seattle,WA 98109 Travelers Indemnity Company of CT 25682 INSURER E: y p y 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. US ADDLSUB LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X 680OJ3641051947 4/11/2019 04/11/202C EACH OCCURRENCE $2000000 CLAIMS-MADE a OCCUR FAME To RENCURBnCe $1 000 000 MED EXP(Any one person) $5 000 PERSONAL&ADV INJURY $2 OOO 1 OOO GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 X POLICY❑JECOT LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ E AUTOMOBILE LIABILITY X BA9295L34719 4/11/2019 04/11/202 COMBINED SINGLE LIMIT Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED X AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE $ Per accident B X UMBRELLA AB X OCCUR X CUP5C3316851947 4/11/2019 04/11/202 EACH OCCURRENCE $5 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5 OOO OOO DED X RETENTION$1 0000 WORKERS COMPENSATION $ C AND EMPLOYERS'LIABILITY UB9J8461 OA1947G 4/11/2019 04/11/2020 X PER OTH- ANY PROPRIETOR/EXCLUDE EXECUTIVE Y/N STATUTE ER E.L.EACH ACCIDENT $1 OOOOOO OFFICER/MEMBER EXCLUDED? � N/A (Mandatory In NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $1 000.000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 D Professional MKLV5ENV101803 8/10/2019 08/10/2020 Each Claim:$1,000,000 Liability Ded:$10,000 Aggregate:$2 000 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City of Kent is included as additional insured on General Liability,Automobile Liability policies per the attached endorsements and Umbrella Liability policy. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Timothy J. LaPorte, P.E. ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE"J ,, / O h vjj�� ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4345154/M4345153 WXSQM Policy#6800J3641051947 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 h. 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 must apply on a primary basis or a primary and e. This insurance does not apply on any basis to 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: If. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs; and "professional services". g In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is g e sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits 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.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission Policy #6800J3641051947 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 we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done under a "written contract requiring insurance" with caused by an offense committed: 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 ©2015 The Travelers Indemnity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission Policy#BA9295L34719 COMMERCIAL AUTO BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I —COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" re- following numerical symbols describe the "autos" that fer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words "we", "us" and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos" that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger"autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any"trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 12 Rolicy #BA9295L34719 COMMERCIAL AUTO 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of"mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial licensed or principally garaged. Responsibility Or Other Motor Vehicle Insur- ance Law Only B. Owned Autos You Acquire After The Policy SECTION II — COVERED AUTOS LIABILITY COV- Begins ERAGE 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered A. Coverage next to a coverage in Item Two of the Decla- We will pay all sums an "insured" legally must pay rations, then you have coverage for "autos" as damages because of "bodily injury" or "prop- that you acquire of the type described for the erty damage" to which this insurance applies, remainder of the policy period. caused by an "accident" and resulting from the 2. But, if Symbol 7 is entered next to a coverage ownership, maintenance or use of a covered in Item Two of the Declarations, an "auto" you "auto". acquire will be a covered "auto" for that cov- We will also pay all sums an "insured" legally erage only if: must pay as a "covered pollution cost or expense" a. We already cover all "autos"that you own to which this insurance applies, caused by an "accident" and resulting from the ownership, for that coverage or it replaces an "auto" previously owned that had that cov- maintenance or use of covered "autos". However, you you and we will only pay for the "covered pollution cost or eraexpense" if there is either "bodily injury" or "prop- b. You tell us within 30 days after you ac- erty damage" to which this insurance applies that quire it that you want us to cover it for that is caused by the same "accident". coverage. We have the right and duty to defend any "in- C. Certain Trailers, Mobile Equipment And Tem- sured" against a "suit" asking for such damages porary Substitute Autos or a "covered pollution cost or expense". How- If Covered Autos Liability Coverage is provided by ever, we have no duty to defend any "insured" this Coverage Form, the following types of vehi- against a "suit" seeking damages for "bodily in- cles are also covered "autos" for Covered Autos jury" or"property damage" or a "covered pollution Liability Coverage: cost or expense" to which this insurance does not apply. We may investigate and settle any claim or 1. "Trailers" with a load capacity of 2,000 "suit" as we consider appropriate. Our duty to de- pounds or less designed primarily for travel fend or settle ends when the Covered Autos Li- on public roads. ability Coverage Limit of Insurance has been ex- 2. "Mobile equipment" while being carried or hausted by payment of judgments or settlements. towed by a covered "auto". 1. Who Is An Insured 3. Any "auto" you do not own while used with The following are "insureds": the permission of its owner as a temporary a. You for any covered "auto". substitute for a covered "auto" you own that is b. Anyone else while using with your per- out of service because of its: mission a covered "auto" you own, hire or a. Breakdown; borrow except: b. Repair; (1) The owner or anyone else from c. Servicing; whom you hire or borrow a covered d. "Loss"; or "auto". This exception does not apply if the e. Destruction. covered "auto" is a "trailer" connected to a covered "auto" you own. Page 2 of 12 0 Insurance Services Office, Inc., 2011 CA 00 01 10 13 Policy#BA9295L34719 COMMERCIAL AUTO (2) Your "employee" if the covered "auto" pay interest ends when we have paid, is owned by that "employee" or a offered to pay or deposited in court member of his or her household. the part of the judgment that is within (3) Someone using a covered "auto" our Limit of Insurance. while he or she is working in a busi- These payments will not reduce the Limit ness of selling, servicing, repairing, of Insurance. parking or storing "autos" unless that b. Out-of-state Coverage Extensions business is yours. While a covered "auto" is away from the (4) Anyone other than your "employees", state where it is licensed, we will: partners (if you are a partnership), members (if you are a limited liability (1) Increase the Limit of Insurance for company) or a lessee or borrower or Covered Autos Liability Coverage to any of their "employees", while mov- meet the limits specified by a com- ing property to or from a covered pulsory or financial responsibility law "auto". of the jurisdiction where the covered "auto" is being used. This extension (5) A partner (if you are a partnership) or does not apply to the limit or limits a member (if you are a limited liability specified by any law governing motor company) for a covered "auto" owned carriers of passengers or property. by him or her or a member of his or her household. (2) Provide the minimum amounts and Anyone liable for the conduct of an "in- types of other coverages, such as no- c. An Y fault, required of out-of-state vehicles sured" described above but only to the by the jurisdiction where the covered extent of that liability. "auto" is being used. 2. Coverage Extensions We will not pay anyone more than once a. Supplementary Payments for the same elements of loss because of We will pay for the "insured": these extensions. (1) All expenses we incur. B. Exclusions (2) Up to $2,000 for cost of bail bonds This insurance does not apply to any of the fol- (including bonds for related traffic law lowing: violations) required because of an 1. Expected Or Intended Injury "accident" we cover. We do not have "Bodily injury" or "property damage" expected to furnish these bonds. or intended from the standpoint of the "in- (3) The cost of bonds to release attach- sured". ments in any "suit" against the "in- 2. Contractual sured" we defend, but only for bond amounts within our Limit of Insur- Liability assumed under any contract or agreement. ance. (4) All reasonable expenses incurred by But this exclusion does not apply to liability the "insured" at our request, including for damages: actual loss of earnings up to $250 a a. Assumed in a contract or agreement that day because of time off from work. is an "insured contract", provided the (5) All court costs taxed against the "in- "bodily injury" or "property damage" oc- sured" in any "suit" against the "in- curs subsequent to the execution of the sured" we defend. However, these contract or agreement; or payments do not include at- b. That the "insured" would have in the ab- torneys' fees or attorneys' expenses sence of the contract or agreement. taxed against the "insured". 3. Workers' Compensation (6) All interest on the full amount of any Any obligation for which the "insured" or the judgment that accrues after entry of "insured's" insurer may be held liable under the judgment in any "suit" against the any workers' compensation, disability benefits "insured" we defend, but our duty to CA 00 01 10 13 0 Insurance Services Office, Inc., 2011 Page 3 of 12 Policy #BA9295L34719 COMMERCIAL AUTO or unemployment compensation law or any 7. Handling Of Property similar law. "Bodily injury" or "property damage" resulting 4. Employee Indemnification And Employer's from the handling of property: Liability a. Before it is moved from the place where it "Bodily injury" to: is accepted by the "insured" for move- a. An "employee" of the "insured" arising out ment into or onto the covered"auto"; or of and in the course of: b. After it is moved from the covered "auto" (1) Employment by the "insured"; or to the place where it is finally delivered by the "insured". (2) Performing the duties related to the g, Movement Of Property By Mechanical De- conduct of the "insured's" business; vice or "Bodily injury" or "property damage" resulting b. The spouse, child, parent, brother or sis- from the movement of property by a me- ter of that "employee" as a consequence chanical device (other than a hand truck) of Paragraph a. above. unless the device is attached to the covered This exclusion applies: "auto". (1) Whether the "insured" may be liable 9. Operations as an employer or in any other ca- "Bodily injury" or "property damage" arising pacity; and out of the operation of: (2) To any obligation to share damages a. Any equipment listed in Paragraphs 6.b. with or repay someone else who and 6.c. of the definition of "mobile must pay damages because of the in- equipment"; or jury. b. Machinery or equipment that is on, at- But this exclusion does not apply to "bodily in- tached to or part of a land vehicle that jury" to domestic "employees" not entitled to would qualify under the definition of "mo- workers' compensation benefits or to liability bile equipment" if it were not subject to a assumed by the "insured" under an "insured compulsory or financial responsibility law contract". For the purposes of the Coverage or other motor vehicle insurance law Form, a domestic "employee" is a person en- where it is licensed or principally garaged. gaged in household or domestic work per- 10. Completed Operations formed principally in connection with a resi- "Bodily injury" or "property damage" arising dence premises. out of your work after that work has been 5. Fellow Employee completed or abandoned. "Bodily injury" to: In this exclusion, your work means: a. Any fellow "employee" of the "insured" a. Work or operations performed by you or arising out of and in the course of the fel- on your behalf; and low "employee's" employment or while b. Materials, parts or equipment furnished in performing duties related to the conduct connection with such work or operations. of your business; or Your work includes warranties or representa- b. The spouse, child, parent, brother or sis- tions made at any time with respect to the fit- ter of that fellow "employee" as a conse- ness, quality, durability or performance of any quence of Paragraph a. above. of the items included in Paragraph a. or b. 6. Care, Custody Or Control above. "Property damage" to or "covered pollution Your work will be deemed completed at the cost or expense" involving property owned or earliest of the following times: transported by the "insured" or in the "in- (1) When all of the work called for in your sured's" care, custody or control. But this ex- contract has been completed; clusion does not apply to liability assumed under a sidetrack agreement. (2) When all of the work to be done at the site has been completed if your Page 4 of 12 0 Insurance Services Office, Inc., 2011 CA 00 01 10 13 Policy #BA9295L34719 COMMERCIAL AUTO contract calls for work at more than (2) The "bodily injury", "property dam- one site; or age" or "covered pollution cost or ex- (3) When that part of the work done at a pense" does not arise out of the op- job site has been put to its intended eration of any equipment listed in use by any person or organization Paragraphs 6.b. and 6.c. of the defi- other than another contractor or sub- nition of "mobile equipment". contractor working on the same pro- Paragraphs b. and c. above of this exclusion ject. do not apply to "accidents" that occur away Work that may need service, maintenance, from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or correction, repair or replacement, but which is upon a covered "auto" if: otherwise complete, will be treated as com pleted. (a) The "pollutants" or any property 11. Pollution in which the "pollutants" are con- tained are upset, overturned or "Bodily injury" or "property damage" arising damaged as a result of the main- out of the actual, alleged or threatened dis- tenance or use of a covered charge, dispersal, seepage, migration, re- "auto"; and lease or escape of "pollutants": (b) The discharge, dispersal, seep- a. That are, or that are contained in any age, migration, release or escape property that is: of the "pollutants" is caused di- 1 Being transported or towed b han di- rectly by such upset, overturn or ( ) 9 P y damage. dled or handled for movement into, onto or from the covered "auto"; 12. War (2) Otherwise in the course of transit by "Bodily injury" or "property damage" arising or on behalf of the "insured"; or directly or indirectly out of: (3) Being stored, disposed of, treated or a. War, including undeclared or civil war; processed in or upon the covered b. Warlike action by a military force, includ- "auto"; ing action in hindering or defending against an actual or expected attack, by b. Before the "pollutants" or any property in any government, sovereign or other au- which the "pollutants" are contained are thority using military personnel or other moved from the place where they are ac- agents; or cepted by the "insured" for movement into or onto the covered "auto"; or c. Insurrection, rebellion, revolution, usurped power or action taken by gov- c. After the "pollutants" or any property in ernmental authority in hindering or de- which the "pollutants" are contained are fending against any of these. moved from the covered "auto" to the 13. Racing place where they are finally delivered, disposed of or abandoned by the "in_ Covered "autos" while used in any profes- dispos sional or organized racing or demolition con- . test or stunting activity, or while practicing for Paragraph a. above does not apply to fuels, such contest or activity. This insurance also lubricants, fluids, exhaust gases or other simi- does not apply while that covered "auto" is lar "pollutants" that are needed for or result being prepared for such a contest or activity. from the normal electrical, hydraulic or me- C. Limit Of Insurance chanical functioning of the covered "auto" or its parts if: Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehi- (1) The "pollutants" escape, seep, mi- cles involved in the "accident", the most we will grate or are discharged, dispersed or pay for the total of all damages and "covered pol- released directly from an "auto" part lution cost or expense" combined resulting from designed by its manufacturer to hold, any one "accident" is the Limit Of Insurance for store, receive or dispose of such "pol- Covered Autos Liability Coverage shown in the lutants"; and Declarations. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 5 of 12 Policy#BA9295L34719 COMMERCIAL AUTO All "bodily injury", "property damage" and "cov- a. Glass breakage; ered pollution cost or expense" resulting from b. "Loss" caused by hitting a bird or animal; continuous or repeated exposure to substantially and the same conditions will be considered as result- ing from one "accident". c. "Loss" caused by falling objects or mis- No one will be entitled to receive duplicate pay- siles. ments for the same elements of "loss" under this However, you have the option of having glass Coverage Form and any Medical Payments Cov- breakage caused by a covered "auto's" colli- erage endorsement, Uninsured Motorists Cover- sion or overturn considered a "loss" under age endorsement or Underinsured Motorists Collision Coverage. Coverage endorsement attached to this Coverage 4. Coverage Extensions Part. a. Transportation Expenses SECTION III —PHYSICAL DAMAGE COVERAGE We will pay up to $20 per day, to a maxi- A. Coverage mum of $600, for temporary transporta- 1. We will pay for "loss" to a covered "auto" or tion expense incurred by you because of its equipment under: the total theft of a covered "auto" of the a. Comprehensive Coverage private passenger type. We will pay only for those covered "autos" for which you From any cause except: carry either Comprehensive or Specified (1) The covered "auto's" collision with Causes Of Loss Coverage. We will pay another object; or for temporary transportation expenses in- (2) The covered "auto's" overturn. curred during the period beginning 48 hours after the theft and ending, regard- b. Specified Causes Of Loss Coverage less of the policy's expiration, when the Caused by: covered "auto" is returned to use or we (1) Fire, lightning or explosion; pay for its "loss". (2) Theft; b. Loss Of Use Expenses (3) Windstorm, hail or earthquake; For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- (4) Flood; comes legally responsible to pay for loss (5) Mischief or vandalism; or of use of a vehicle rented or hired without a driver under a written rental contract or (6) The sinking, burning, collision or de-railment of any conveyance transport- agreement. We will pay for loss of use ing the covered "auto". expenses if caused by: C. Collision Coverage (1) Other than collision only if the Decla- rations indicates that Comprehensive Caused by: Coverage is provided for any covered (1) The covered "auto's" collision with "auto"; another object; or (2) Specified Causes Of Loss only if the (2) The covered "auto's" overturn. Declarations indicates that Specified 2. Towing Causes Of Loss Coverage is pro- vided for any covered "auto"; or We will pay up to the limit shown in the Decla rations for towing and labor costs incurred (3) Collision only if the Declarations indi- each time a covered "auto" of the private Cates that Collision Coverage is pro - each for any covered "auto". passenger type is disabled. However, the la- bor must be performed at the place of dis- However, the most we will pay for any ablement. expenses for loss of use is $20 per day, 3. Glass Breakage—Hitting A Bird Or Animal to a maximum of $600. —Failing Objects Or Missiles B. Exclusions If you carry Comprehensive Coverage for the 1• We will not pay for "loss" caused by or result- damaged covered "auto", we will pay for the ing from any of the following. Such "loss" is following under Comprehensive Coverage: excluded regardless of any other cause or Page 6 of 12 0 Insurance Services Office, Inc., 2011 CA 00 01 10 13 Policy#BA9295L34719 COMMERCIAL AUTO event that contributes concurrently or in any installed, that reproduces, receives or sequence to the "loss". transmits audio, visual or data signals. a. Nuclear Hazard d. Any accessories used with the electronic (1) The explosion of any weapon em- equipment described in Paragraph c. ploying atomic fission or fusion; or above. (2) Nuclear reaction or radiation, or ra- 5. Exclusions 4.c. and 4.d. do not apply to dioactive contamination, however equipment designed to be operated solely by caused. use of the power from the "auto's" electrical b. War Or Military Action system that, at the time of"loss", is: (1) War, including undeclared or civil a. Permanently installed in or upon the cov- war; ered "auto"; (2) Warlike action by a military force, in- b. Removable from a housing unit which is cluding action in hindering or defend- permanently installed in or upon the cov- ing against an actual or expected at- ered "auto"; tack, by any government, sovereign c. An integral part of the same unit housing or other authority using military per- any electronic equipment described in sonnel or other agents; or Paragraphs a. and b. above; or (3) Insurrection, rebellion, revolution, d. Necessary for the normal operation of the usurped power or action taken by covered "auto" or the monitoring of the governmental authority in hindering covered "auto's" operating system. or defending against any of these. s• We will not pay for "loss" to a covered "auto" 2. We will not pay for "loss" to any covered due to "diminution in value". "auto" while used in any professional or or- ganized racing or demolition contest or stunt- C. Limits Of Insurance ing activity, or while practicing for such con- 1. The most we will pay for: test or activity. We will also not pay for "loss" a. "Loss" to any one covered "auto" is the to any covered "auto" while that covered "auto" is being prepared for such a contest or lesser of: activity. (1) The actual cash value of the dam- 3. We will not pay for"loss" due and confined to: aged or stolen property as of the time a. Wear and tear, freezing, mechanical or of the "loss"; or electrical breakdown. (2) The cost of repairing or replacing the b. Blowouts, punctures or other road dam- damaged or stolen property with age to tires. other property of like kind and quality. This exclusion does not apply to such "loss" b. All electronic equipment that reproduces, resulting from the total theft of a covered receives or transmits audio, visual or data "auto". signals in any one "loss" is $1,000, if, at the time of "loss", such electronic equip- 4. We will not pay for "loss" to any of the follow- ment is: ing: (1) Permanently installed in or upon the a. Tapes, records, discs or other similar au- covered "auto" in a housing, opening dio, visual or data electronic devices de- or other location that is not normally signed for use with audio, visual or data used by the "auto" manufacturer for electronic equipment. the installation of such equipment; b. Any device designed or used to detect (2) Removable from a permanently in- speed-measuring equipment, such as ra- dar or laser detectors, and any jamming stalled housing unit as described in apparatus intended to elude or disrupt Paragraph b.(1) above; or speed-measuring equipment. (3) An integral part of such equipment as c. Any electronic equipment, without regard described in Paragraphs b.(1) and to whether this equipment is permanently b.(2) above. CA 00 01 10 13 0 Insurance Services Office, Inc., 2011 Page 7 of 12 Policy #BA9295L34719 COMMERCIAL AUTO 2. An adjustment for depreciation and physical b. Additionally, you and any other involved condition will be made in determining actual "insured" must: cash value in the event of a total "loss". (1) Assume no obligation, make no pay- 3. If a repair or replacement results in better ment or incur no expense without our than like kind or quality, we will not pay for the consent, except at the "insured's" amount of the betterment. own cost. D. Deductible (2) Immediately send us copies of any For each covered "auto", our obligation to pay for, request, demand, order, notice, repair, return or replace damaged or stolen prop- summons or legal paper received erty will be reduced by the applicable deductible concerning the claim or"suit". shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations (3) Cooperate with us in the investigation does not apply to "loss" caused by fire or light— ning. against the "suit". SECTION IV— BUSINESS AUTO CONDITIONS (4) Authorize us to obtain medical re- The following conditions apply in addition to the cords or other pertinent information. Common Policy Conditions: (5) Submit to examination, at our ex- A. Loss Conditions pense, by physicians of our choice, 1. Appraisal For Physical Damage Loss as often as we reasonably require. c. If there is "loss" to a covered "auto" or its If you and we disagree on the amount of equipment, you must also do the follow- "loss", either may demand an appraisal of the ing: "loss". In this event, each party will select a competent appraiser. The two appraisers will (1) Promptly notify the police if the cov- select a competent and impartial umpire. The ered "auto" or any of its equipment is appraisers will state separately the actual stolen. cash value and amount of "loss". If they fail to (2) Take all reasonable steps to protect agree, they will submit their differences to the the covered "auto" from further dam- umpire. A decision agreed to by any two will age. Also keep a record of your ex- be binding. Each party will: penses for consideration in the set- a. Pay its chosen appraiser; and tlement of the claim. b. Bear the other expenses of the appraisal (3) Permit us to inspect the covered and umpire equally. "auto" and records proving the "loss" If we submit to an appraisal, we will still retain before its repair or disposition. our right to deny the claim. (4) Agree to examinations under oath at 2. Duties In The Event Of Accident, Claim, our request and give us a signed Suit Or Loss statement of your answers. We have no duty to provide coverage under 3. Legal Action Against Us this policy unless there has been full compli- No one may bring a legal action against us ance with the following duties: under this Coverage Form until: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized a. There has been full compliance with all representative prompt notice of the "acci- dent" or"loss". Include: b. Under Covered Autos Liability Coverage, (1) How, when and where the "accident" we agree in writing that the "insured" has or"loss" occurred; an obligation to pay or until the amount of (2) The "insured's" name and address; that obligation has finally been deter- and mined by judgment after trial. No one has the right under this policy to bring us into (3) To the extent possible, the names an action to determine the "insured's" li- and addresses of any injured persons ability. and witnesses. Page 8 of 12 0 Insurance Services Office, Inc., 2011 CA 00 01 10 13 Policy #BA9295L34719 COMMERCIAL AUTO 4. Loss Payment — Physical Damage Cover- son or organization holding, storing or trans- ages porting property for a fee regardless of any At our option, we may: other provision of this Coverage Form. a. Pay for, repair or replace damaged or sto- 5. Other Insurance len property; a. For any covered "auto" you own, this b. Return the stolen property, at our ex- Coverage Form provides primary insur- pense. We will pay for any damage that ance. For any covered "auto" you don't results to the "auto" from the theft; or own, the insurance provided by this Cov- erage Form is excess over any other col- c. Take all or any part of the damaged or lectible insurance. However, while a cov- stolen property at an agreed or appraised ered "auto" which is a "trailer" is con- value. nected to another vehicle, the Covered If we pay for the "loss", our payment will in- Autos Liability Coverage this Coverage clude the applicable sales tax for the dam- Form provides for the"trailer" is: aged or stolen property. (1) Excess while it is connected to a mo- 5. Transfer Of Rights Of Recovery Against for vehicle you do not own; or Others To Us (2) Primary while it is connected to a If any person or organization to or for whom covered "auto" you own. we make payment under this Coverage Form b. For Hired Auto Physical Damage Cover- has rights to recover damages from another, age, any covered "auto" you lease, hire, those rights are transferred to us. That person rent or borrow is deemed to be a covered or organization must do everything necessary "auto" you own. However, any "auto" that to secure our rights and must do nothing after is leased, hired, rented or borrowed with "accident" or"loss" to impair them. a driver is not a covered "auto". B. General Conditions c. Regardless of the provisions of Para- 1. Bankruptcy graph a. above, this Coverage Form's Bankruptcy or insolvency of the "insured" or Covered Autos Liability Coverage is pri- the "insured's" estate will not relieve us of any mary for any liability assumed under an obligations under this Coverage Form. "insured contract". 2. Concealment, Misrepresentation Or Fraud d. When this Coverage Form and any other Coverage Form or policy covers on the This Coverage Form is void in any case of same basis, either excess or primary, we fraud by you at any time as it relates to this will pay only our share. Our share is the Coverage Form. It is also void if you or any proportion that the Limit of Insurance of other "insured", at any time, intentionally con- our Coverage Form bears to the total of ceals or misrepresents a material fact con- the limits of all the Coverage Forms and cerning: policies covering on the same basis. a. This Coverage Form; 6. Premium Audit b. The covered "auto"; a. The estimated premium for this Coverage c. Your interest in the covered "auto"; or Form is based on the exposures you told d. A claim under this Coverage Form. us you would have when this policy be- gan. We will compute the final premium 3. Liberalization due when we determine your actual ex- If we revise this Coverage Form to provide posures. The estimated total premium will more coverage without additional premium be credited against the final premium due charge, your policy will automatically provide and the first Named Insured will be billed the additional coverage as of the day the re- for the balance, if any. The due date for vision is effective in your state. the final premium or retrospective pre- 4. No Benefit To Bailee — Physical Damage mium is the date shown as the due date Coverages on the bill. If the estimated total premium exceeds the final premium due, the first We will not recognize any assignment or Named Insured will get a refund. grant any coverage for the benefit of any per- CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 Policy#BA9295L34719 COMMERCIAL AUTO b. If this policy is issued for more than one 1. A land motor vehicle, "trailer" or semitrailer year, the premium for this Coverage Form designed for travel on public roads; or will be computed annually based on our 2. Any other land vehicle that is subject to a rates or premiums in effect at the begin- compulsory or financial responsibility law or ning of each year of the policy. other motor vehicle insurance law where it is 7. Policy Period, Coverage Territory licensed or principally garaged. Under this Coverage Form, we cover "acci- However, "auto" does not include "mobile equip- dents" and "losses" occurring: ment". a. During the policy period shown in the C. "Bodily injury" means bodily injury, sickness or Declarations; and disease sustained by a person, including death b. Within the coverage territory. resulting from any of these. The coverage territory is: D. "Covered pollution cost or expense" means any (1) The United States of America; cost or expense arising out of: (2) The territories and possessions of the 1. Any request, demand, order or statutory or United States of America; regulatory requirement that any "insured" or others test for, monitor, clean up, remove, (3) Puerto Rico; contain, treat, detoxify or neutralize, or in any (4) Canada; and way respond to, or assess the effects of, "pol- (5) Anywhere in the world if a covered lutants"; or "auto" of the private passenger type 2. Any claim or "suit" by or on behalf of a gov- is leased, hired, rented or borrowed ernmental authority for damages because of without a driver for a period of 30 testing for, monitoring, cleaning up, removing, days or less, containing, treating, detoxifying or neutraliz- provided that the "insured's" responsibility to ing, or in any way responding to, or assessing pay damages is determined in a "suit" on the the effects of, "pollutants". merits, in the United States of America, the "Covered pollution cost or expense" does not in- territories and possessions of the United clude any cost or expense arising out of the ac- States of America, Puerto Rico or Canada, or tual, alleged or threatened discharge, dispersal, in a settlement we agree to. seepage, migration, release or escape of "pollut- We also cover "loss" to, or "accidents" involv- ants": ing, a covered "auto" while being transported a. That are, or that are contained in any between any of these places. property that is: 8. Two Or More Coverage Forms Or Policies (1) Being transported or towed by, han- Issued By Us dled or handled for movement into, If this Coverage Form and any other Cover- onto or from the covered "auto"; age Form or policy issued to you by us or any (2) Otherwise in the course of transit by company affiliated with us applies to the or on behalf of the "insured"; or same "accident", the aggregate maximum (3) Being stored, disposed of, treated or Limit of Insurance under all the Coverage processed in or upon the covered Forms or policies shall not exceed the highest "auto"; applicable Limit of Insurance under any one Coverage Form or policy. This condition does b. Before the "pollutants" or any property in not apply to any Coverage Form or policy is- which the "pollutants" are contained are sued by us or an affiliated company specifi- moved from the place where they are ac- cally to apply as excess insurance over this cepted by the "insured"for movement into Coverage Form. or onto the covered "auto"; or SECTION V—DEFINITIONS c. After the "pollutants" or any property in Bated expo- which the "pollutants" are contained are A. "Accident" includes continuous or repeated P moved from the covered "auto" to the sure to the same conditions resulting in "bodily in- place where they are finally delivered, jury" or"property damage". disposed of or abandoned by the "in- B. "Auto" means: sured". Page 10 of 12 0 Insurance Services Office, Inc., 2011 CA 00 01 10 13 Policy#BA9295L34719 COMMERCIAL AUTO Paragraph a. above does not apply to fuels, 4. An obligation, as required by ordinance, to in- lubricants, fluids, exhaust gases or other simi- demnify a municipality, except in connection lar "pollutants" that are needed for or result with work for a municipality; from the normal electrical, hydraulic or me- 5. That part of any other contract or agreement chanical functioning of the covered "auto" or pertaining to your business (including an in- its parts, if: demnification of a municipality in connection (1) The "pollutants" escape, seep, mi- with work performed for a municipality) under grate or are discharged, dispersed or which you assume the tort liability of another released directly from an "auto" part to pay for "bodily injury" or"property damage" designed by its manufacturer to hold, to a third party or organization. Tort liability store, receive or dispose of such "pol- means a liability that would be imposed by lutants"; and law in the absence of any contract or agree- (2) The "bodily injury", "property dam- ment; or age" or "covered pollution cost or ex- 6. That part of any contract or agreement en- pense" does not arise out of the op- tered into, as part of your business, pertaining eration of any equipment listed in to the rental or lease, by you or any of your Paragraph 6.b. or 6.c. of the defini- "employees", of any "auto". However, such tion of"mobile equipment". contract or agreement shall not be considered Paragraphs b. and c. above do not apply to an "insured contract" to the extent that it obli- "accidents" that occur away from premises gates you or any of your "employees" to pay owned by or rented to an "insured" with re- for "property damage" to any "auto" rented or spect to "pollutants" not in or upon a covered leased by you or any of your"employees". "auto" if: An "insured contract" does not include that part of (a) The "pollutants" or any property any contract or agreement: in which the "pollutants" are con- a. That indemnifies a railroad for "bodily in- tained are upset, overturned or jury" or "property damage" arising out of damaged as a result of the main- construction or demolition operations, tenance or use of a covered within 50 feet of any railroad property and "auto"; and affecting any railroad bridge or trestle, (b) The discharge, dispersal, seep- tracks, roadbeds, tunnel, underpass or age, migration, release or escape crossing; of the "pollutants" is caused di- b. That pertains to the loan, lease or rental rectly by such upset, overturn or of an "auto" to you or any of your "em- damage. ployees", if the "auto" is loaned, leased or E. "Diminution in value" means the actual or per- rented with a driver; or ceived loss in market value or resale value which c. That holds a person or organization en- results from a direct and accidental "loss". gaged in the business of transporting F. "Employee" includes a "leased worker". "Em- property by "auto" for hire harmless for ployee" does not include a "temporary worker". your use of a covered "auto" over a route or territory that person or organization is G. "Insured" means any person or organization quali- authorized to serve by public authority. fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- �• "Leased worker" means a person leased to you spect to the Limit of Insurance, the coverage af- by a labor leasing firm under an agreement be- forded applies separately to each insured who is tween you and the labor leasing firm to perform coverage or against whom a claim or duties related to the conduct of your business. seeking"suit is brought. "Leased worker" does not include a "temporary worker". H. "Insured contract" means: J. "Loss" means direct and accidental loss or dam- 1. A lease of premises; age. 2. A sidetrack agreement; K. "Mobile equipment" means any of the following 3. Any easement or license agreement, except types of land vehicles, including any attached in connection with construction or demolition machinery or equipment: operations on or within 50 feet of a railroad; CA 00 01 10 13 0 Insurance Services Office, Inc., 2011 Page 11 of 12 Policy#BA9295L34719 COMMERCIAL AUTO 1. Bulldozers, farm machinery, forklifts and other c. Air compressors, pumps and generators, vehicles designed for use principally off public including spraying, welding, building roads; cleaning, geophysical exploration, lighting 2. Vehicles maintained for use solely on or next or well-servicing equipment. to premises you own or rent; However, "mobile equipment' does not include 3. Vehicles that travel on crawler treads; land vehicles that are subject to a compulsory or 4. Vehicles, whether self-propelled or not, main- financial responsibility law or other motor vehicle tained primarily to provide mobility to perma- insurance law where it is licensed or principally nently mounted: garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehi- a. Power cranes, shovels, loaders, diggers cle insurance law are considered "autos". or drills; or L. "Pollutants" means any solid, liquid, gaseous or b. Road construction or resurfacing equip- thermal irritant or contaminant, including smoke, ment such as graders, scrapers or rollers; vapor, soot, fumes, acids, alkalis, chemicals and 5. Vehicles not described in Paragraph 1., 2., 3. waste. Waste includes materials to be recycled, or 4. above that are not self-propelled and are reconditioned or reclaimed. maintained primarily to provide mobility to M. "Property damage" means damage to or loss of permanently attached equipment of the fol- use of tangible property. lowing types: N. "Suit' means a civil proceeding in which: a. Air compressors, pumps and generators, 1. Damages because of "bodily injury" or "prop- including spraying, welding, building erty damage"; or cleaning, geophysical exploration, lighting and well-servicing equipment; or 2. A "covered pollution cost or expense"; b. Cherry pickers and similar devices used to which this insurance applies, are alleged. to raise or lower workers; or "Suit' includes: 6. Vehicles not described in Paragraph 1., 2., 3. a. An arbitration proceeding in which such or 4. above maintained primarily for purposes damages or "covered pollution costs or other than the transportation of persons or expenses" are claimed and to which the cargo. However, self-propelled vehicles with "insured" must submit or does submit with the following types of permanently attached our consent; or equipment are not"mobile equipment' but will b. Any other alternative dispute resolution be considered "autos": proceeding in which such damages or a. Equipment designed primarily for: "covered pollution costs or expenses" are (1) Snow removal; claimed and to which the insured submits (2) Road maintenance, but not construc- with our consent. tion or resurfacing; or O. "Temporary worker" means a person who is fur- (3) Street cleaning; nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short- b. Cherry pickers and similar devices term workload conditions. mounted on automobile or truck chassis P. "Trailer" includes semitrailer. and used to raise or lower workers; and Page 12 of 12 0 Insurance Services Office, Inc., 2011 CA 00 01 10 13 � s. •a