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HomeMy WebLinkAboutPW17-412 - Amendment - #2 - RH2 Engineering, Inc. - Water System Plan Update - 10/16/2019 Agreement Routing Form KEN T For Approvals,Signatures and Records Management W A S H I N G T 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 Evan Swanson Department: Public Works Date Sent: 10/17/19 Date Required: 10/21/19 io > Authorized Director or Designee Date of 0 N/A CL to Sign: Council Q 11 Mayor Approval: Budget W00043 Grant? Yes ❑✓ No Account Number: Type: N/A Vendor or Name: RH2 Engineering, Inc. Cate 9 Y: Contract c Vendor 176332 Sub-Category Amendmen � o Number: EProject Name: Water System Plan Update L 0 c Project Review comments and prepare final plan modifications 64 Details: c EAgreement 17 407 Basis for Amount: Selection of L Contractor: 'a .1�, �Zc�I� Start Date: 10/16/19 '"� Termination Date: 12 31 19 Notice required prior to ❑ Yes No Contract Number: /- j "1- disclosure? Date Received by City Attorney: Comments: c 3 0 N GI L 3 M Date Routed to the Mayor's Office: in d Date Routed to the City Clerk's Office: d cc Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_14 • KENT WASHINGTON AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: RH2 Engineering, Inc. CONTRACT NAME & PROJECT NUMBER: Water System Plan Update ORIGINAL AGREEMENT DATE: July 19, 2017 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Review comments from Department of Health, King County, City, and adjacent purveyors and prepare final Waster System Plan modifications. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $366,775.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $366,775.00 including all previous amendments Current Amendment Sum $17,407.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $384,182.00 AMENDMENT - 1 OF 2 Original Time for Completion T 2/28/19 (insert date) -__ ------- -- - --- ___ ----Revised Time Time for Completion under 12/31/19 prior Amendments (insert date) Add'1 Days Required (±) for this 0 calendar days Amendment Revised Time for Completion 12/31/19 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: ay. (signature) signature) Print Print Name: Timothy J. LaPorte, P.E. Its_ r - Its Public Works Director (title) (title) DATE: DATE: I 01-Z4- ?nU/? ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) l Kent City Clerk M Kent Law Department RH2-Water System Plan Amd 2/Swanson AMENDMENT - 2 OF 2 EXHIBIT A Scope of Work Amendment No. 2 City of Kent Water System Plan Update DOH and Agency Review Revisions October 2019 Background The original scope of work for the development of the City of Kent's (City) draft Water System Plan (WSP) Update included tasks necessary to prepare the initial draft submittal to the Washington State Department of Health (DOH), King County, and adjacent purveyors. The draft WSP Update was submitted to these agencies in May 2019 for review and comment. RH2 Engineering, Inc., (RH2) has prepared this Scope of Work and Fee Estimate to address review comments and prepare final WSP modifications based on the DOH comment letter dated July 18, 2019, the King County comment letter dated July 10, 2019, and adjacent purveyor review comments. Task 15— DOH and Agency Review Revisions Objective: Revise the WSP per DOH, King County, and adjacent purveyor review comments. Approach: 15.1 Review DOH, King County, City, and adjacent purveyor review comments. Prepare for and attend one (1) meeting with the City to discuss review comments. 15.2 Modify the title page and table of contents to reflect the final WSP. 15.3 Revise the WSP to address review comments provided by DOH. Per RH2's meeting with the City on August 9, 2019, it is assumed the City will respond to or provide information for DOH comment nos. 7, 24, 26, 27, and 31. RH2 will respond to the remaining DOH comments with assistance from the City as needed. 15.4 Revise the WSP to address review comments provided by King County. 15.5 Revise the WSP to address review comments provided by Lakehaven Water&Sewer District, Highline Water District, Covington Water District, and the City of Auburn. 15.6 Revise the WSP to address City review comments provided on the draft WSP. 15.7 Prepare response letters to DOH, King County, and adjacent purveyors that summarize how each comment was addressed and the location of the associated responses in the WSP update. 15.8 Prepare PDFs of the final WSP document. Produce USB flash drives of the digital WSP for transmittal to the City. 1 10/4/2019 230:12 PM L1130THELL\DATA\KEN\117-100\CONTRAMAM END NO.2\AMEND_NO.2_,SOW,_WSP AGENCY REVIEW COMNIENTS.DOCX City of Kent Amendment No.2 WSP Update—Respond to Agency Review Comments Exhibit A—Scope of Work 1S.9 Produce copies of the revised WSP pages for inclusion with the draft WSP sent to review agencies. Prepare six(6) complete hard copies of the final WSP for the City.Transmit the final WSP insertion pages to the agencies. Provided by City: • Updated Water Facilities Inventory(WFI) Form. • Emergency Intertie ILA with the City of Tukwila (already provided). • Sample potential contaminant notification letter(already provided). • Standard operating procedure to describe proper coliform sample collection technique for routing and repeat sample sites. • SEPA threshold determination. RH7 nPuuPrahIPc- • Response letters to DOH, King County, Lakehaven Water & Sewer District, Highline Water District, Covington Water District, and the City of Auburn. • USB flash drives containing the digital version of the final WSP to King County, adjacent purveyors, and the City. • Six (6) hard copies of the final WSP for the City's use. • Insertion pages for the final WSP transmitted to each review agency and the City. 2 10/4/2019 2:3012 PM t\BOTHELUDATA\KF,N\117-100\CON TRAMAM END NO:2WMEND.-NO,2-SOW-WSP AGENCY REVIEW COMMENTS.DOCX EXHIBIT B City of Kent Amendment No.2 Water System Plan Update DOH and Agency Review Revisions Fee Estimate Description Total Total Labor Total Expense Total Cost Hours Task 15 DOH and Agency Review Revisions 1 85 1 $ 14,7661 2,641 [$ — 17,407 15.1 Prepare for and Meet with City to Discuss Review Comments 12 $ 2,208 $ 100 $ 2,308 15.2 Modify the Titie Sheet and Taole of Contents 2 $ 274 $ 16 $ 290 15.3 'Revise WSP to Address DOH Review Comments 12 $ 2,352 $ 99 $ 2,451 15.4 Revise WSP to Address King Cocnty Review Comments 4 $ 830 $ 21 $ 851 15.5 Revise WSP to Address Adjacent Purveyor Comments 3 $ 505 $ 13 $ 518 ti 15.6 Revise WSP to Address City Review Comments 23 $ 4,154 $ 159 $ 4,313 15.7 Prt{pare Agency Response Letters 9 $ 1.515 $ 56 $ 1,571 15.8 'Prepare PDFs of Final WSP 11 $ 1,601 $ 40 $ 1,641 15.9 Produce Insertion Pages and Fina!WSP for City 9 $ 1,327 $ 2,138 $ 3,465 PROJECT TOTAL 85 $ 14,766 $ 2,641 $ 17,407 Z:18otheillDatatiKENt117-1001Contract\Amend No.2Vlrnend-No,2._FEE._W5P Agency Review Commanis.vism I T4/2019 2:33 PM EXHIBIT C RH2 ENGINEERING, INC. 2019 SCHEDULE OF RATES AND CHARGES RATE LIST RATE UNIT Professional 1 $148 $/hr Professional II $161 $/hr Professional III $175 $/hr Professional IV $185 $/hr Professional $200 $/hr Professional VI $213 $/hr Professional VII $231 $/hr Professional VIII $240 $/hr Professional IX $240 $/hr Control Specialist 1 $134 $/hr Control Specialist II $145 $/hr Control Specialist III $158 $/hr __I ,i C9F0 Z/hr \.uI ILI VI JFIC1.1.-L I Y Control Specialist V $180 $/hr Control Specialist VI $192 $/hr Control Specialist VII $208 $/hr Control Specialist VIII $216 $/hr Technician 1 $110 $/hr Technician II $119 $/hr Technician III $137 $/hr Technician IV $146 $/hr Technician V $160 $/hr Technician VI $175 $/hr Technician VII $190 $/hr Technician VIII $200 $/hr Administrative 1 $72 $/hr Administrative II $84 $/hr Administrative III $101 $/hr Administrative IV $119 $/hr Administrative V $137 $/hr CAD/GIS System $27.50 $/hr CAD Plots-Half Size $2.50 price per plot CAD Plots- Full Size $10.00 price per plot CAD Plots- Large $25.00 price per plot Copies(bw)8.5"X 11" $0.09 price per copy Copies(bw)8.5" X 14" $0.14 price per copy Copies(bw) 11"X 17" $0.20 price per copy Copies(color)8.5"X 11" $0.90 price per copy Copies(color)8.5" X 14" $1.20 price per copy Copies (color) 11" X 17" $2.00 price per copy Technology Charge 2.50% %of Direct Labor price per mile Mileage $0.580 (or Current IRS Rate) Subconsultants 15% Cost+ Outside Services at cost Rates listed are adjusted annually. DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 05(20/2019 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jona Bolin Sammamish Insurance,Inc. �cN o Ext: (425)898-8730 Fa/c,No: (425)836-2865 704 228thAve NE,PMB 373 E-MAIL JonaBolin@msn.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Sammamish WA 98074 INSURERA: Ohio Security Insurance Company 24082 INSURED INSURER B: �Continental Casual Company20443 RH2 Engineering Inc INSURER C: 22722 29th Dr SE Ste 210 INSURER D: INSURER E Bothell WA 98021 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1952003492 REVISION NUMBER: THIS IS TO CE5TIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER P Y EFF POLICY EXP (MMIDDlYWY) MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 CLAIMS-MADE �OCCUR PREMISES(Eacccurr.rcel S 2,000,000 MED EXP(Any one person) $ 15,000 A Y BZS57962270 05/29/2019 05/29/2020 PERSONAL dADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- JECT LOO PRODUCTS-COMP/OPAGG $ OTHER: Employers Liability $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED Y BAS57962270 05/29/2019 05/29/2020 BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED P -NON-OWNED PROPERTY DAMA E $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 21000,000 A X EXCESS LIAB CLAIMS-MADE BZS57962270 05/29/2019 05/29/2020 AGGREGATE $ 2,000,000 DED J X1 RETENTION$ 10,000 S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N I STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ NIA E.L.EACH ACCIDENT S (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ if yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability B Claims Made AEH004312321 05/29/2019 05/29/2020 Per Claim $3,000,000 Deductible $200,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is named as additional insured automatically when required by contract per BP7996(General Liability)and CA8810(Auto Liability). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe AUTHORIZED REPRESENTATIVE Kent WA 98032 �� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS BP 79 96 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Below is a summarization of the coverages provided by this endorsement. No coverages are given by this summary. Actual coverage descriptions are within this endorsement. SECTION SUBJECT A. Supplementary Payments Bail Bonds Loss Of Earnings B. Broadened Coverage For Damage To Premises Rented To You C. Incidental Medical .Malpractice Injury D. Mobile Equipment E. Blanket Additional Insured (Owners, Contractors Or Lessors) F. Newly Formed Or Acquired Organizations G. Aggregate Limits H. Duties In The Event Of Occurrence, Offense, Claim Or Suit I. Liability And Medical Expenses Definitions Bodily Injury Insured Contract Personal And Advertising Injury Section II - Liability is amended as follows: A. Supplementary Payments Section A.I. Business Liability is modified as follows: 1. The $250 limit shown in Paragraph A.1.f.(1)(b) Coverage Extension -Supplementary Payments for the cost of bail bonds is replaced by a$3,000 limit. 2. The $250 limit shown in Paragraph A.1.f.(1)(d) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a$500 limit. B. Broadened Coverage For Damage To Premises Rented To You 1. The last paragraph of Section B.1. Exclusions -Applicable To Business Liability Coverage is replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusions c., d., e., g., h., k., I., m., n. and o. do not apply to "property damage". © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 4 (a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (3) Any 'occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. F. Newly Formed Or Acquired Organizations The following is added to Section C.Who Is An Insured: Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: 1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier; 2. Section A.I. Business Liability does not apply to: a. "Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you; and b. "Personal and advertising injury" arising out of an offense committed before the entity was ac- quired or incorporated or organized by you. 3. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. G. Aggregate Limits The following is added to Paragraph D.4. Aggregate Limits Liability and Medical Expenses Limits Of Insurance: 1. The Aggregate Limits apply separately to each of the "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. 2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, "location" means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad. H. Duties In The Event Of Occurrence, Offense, Claim Or Suit 1. Paragraph E.2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition applies only when the 'occurrence" is known to any insured listed in Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. Paragraph E.2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit' is known to any insured listed under Paragraph C.I. Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim. © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 4 COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. N COVERAGE INDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 13 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 21 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 15 BODILY INJURY REDEFINED 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 3 EXTRA EXPENSE - BROADENED COVERAGE 11 " GLASS REPAIR- WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE (Including " Employee Hired Auto) 7 LOAN / LEASE GAP (Coverage Not Available In New York) 16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 18 PERSONAL EFFECTS COVERAGE 12 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS - INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 22 SECTION I -COVERED AUTOS is amended as follows: 1. TRAILERS -INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I -COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 1 of 7 6. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 7. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. �— c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 14. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and N (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 16. LOAN /LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan"; f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; 0 g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; L Any amount representing taxes; j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow- ing: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; —= (b) The "insureds" name and address; and (c) The names and addresses of any injured persons and witnesses. " 22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.S. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: a If the person or organization has in a written agreement waived those rights before an "accident" or s -- "loss", our rights are waived also. 23. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the N "insureds" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 24. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.S. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V -DEFINITIONS is amended as follows: 25. BODILY INJURY REDEFINED Under SECTION V -DEFINITIONS, Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7