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HomeMy WebLinkAboutCAG2019-019 - Amendment - #2 - Transportation Solutions, Inc. - 4th Ave & Willis Roundabout Project - 11/29/2019 Agreement Routing Form KENT For Approvals,Signatures and Records Management WAS H INGTON 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 Thomas Leyrer Department: public Works Date Sent: 11/25/19 Date Required: 12/2/19 �o Authorized ❑ Director or Designee Date of ° N/A 0. to Sign: Council �a Mayor Approval: Budget R90112 Grant? Yes No Account Number. Type: N/A Vendor or Name: Transportation Solutions, Inc. Cate 9 v: Contract ° Vendor . 153209 Sub-Category Amendment o Number: EProject Name: 4th Avenue and Willis Street Roundabout ° c Project provide additional consulting services for the project. *. Details: c 40 E Agreement 26 160 Basis for y Amount: Selection of vs Contractor: a Start Date: Mayor's signature Termination Date: 12 31 20 Notice required prior to Yes No Contract Number: cA6r07 lg-0!,7 disclosure? date Received by City Attorney—, Comments: _ RECEIVED _ N ENT LAW D E PT City of Kent Office of the Mayor p� Date Routed to the Mayor's Office: 'vt d Date Routed to the City Clerk's Office: a3 fX Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373 6 19 c • KENT W A S H I N G T O N AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Transportation Solutions, Inc. CONTRACT NAME & PROJECT NUMBER: 41h Avenue and Willis Street Roundabout ORIGINAL AGREEMENT DATE: January 18, 2019 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: Provide additional services for the project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A-1 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, $79,570 including applicable WSST Net Change by Previous Amendments $59,020 including applicable WSST Current Contract Amount $138,590 including all previous amendments Current Amendment Sum $26,160 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $164,750 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/19 (insert date) Revised Time for Completion under 12/31/20 prior Amendments (insert date) Add'I Days Required (f) for this 0 calendar days Amendment Revised Time for Completion 12/31/20 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, j by its signature waives any protest or claim it may have regarding this Amendment, and 1' 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 I 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: By: / gy; (sig uFe) (signatur Print Na�e: 7 _ �`�. ,�1� Print Name: Dana Ralph Its .��t Its Mayor DATE: (tit/el DATE: i% IZ 11 (title)�t ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department TSI-4"&Willis Roundabout AM 2/Leyrer AMENDMENT - 2 OF 2 8250 165th Avenue NE TSI Suite 100 Redmond,WA 98052.6628 Transportation Solutions,Inc. T 425-883.4134 F 425.867.0898 www.tahw.com Supplement No.2 CITY of Kent—Willis St(SR 516)and 4th Avenue S Roundabout 11/14/2019 Exhibit A-1 Supplement No.2 Scope of Services City of Kent Roundabout Design Consultant Services-4th Avenue&Willis Street Roundabout Transportation Solutions, Inc. TASK DESCRIPTION A. Supplement No. 2 - Purpose and Intent SuppNo2-Task 1—Additional Channelization Plan Development and Coordination The CITY and CONSULTANT project team have worked diligently with WSDOT to analyze and address issues brought forth by WSDOT. This, however, has resulted in additional time and effort not anticipated in the original scope of work. Additional project management time is necessary due to the extended schedule for the project. This requires additional effort for project billing reviews and project coordination. TSI has worked closely with WSDOT through meetings and iterations of a refined splitter island layout. This has included additional AutoTurn analysis for other possible trucking vehicle types. TSI has spent extra time and effort to research the peers across the country on vane island design related to potential pedestrian refuge. WSDOT has provided "go by"channelization plan examples,that were later changed to another set of"go by" channelization plan examples. This resulted in revising the channelization plans, adding additional sheets, and creating callouts to meet the request of WSDOT. The city has provided revisions to sidewalk layouts that has resulted in extra effort to update the channelization plans. TSI will prepare for and attend a 2nd public house meeting that City plans to host in January 2020. TSI will field review one to two roundabouts that have been built in the region to compare island curbs and apron curbs to the proposed design of this project. B. Information, Responsibilities,and Services Provided by the CITY • No Change from prior authorized work. C. General Project Assumptions This Scope of Services for Supplement No. 2 is based upon certain assumptions and exclusions, identified below and under specific tasks. The following assumptions were used in the development of this scope of services: There will be one(1)final review cycle and one (1)final submittal of the Channelization Plan, the ICE, and the BOD. The Channelization Plan will be submitted in November/December 2019,with the final submittal to occur in January/February 2020. V2_SupplementNo2_KentScopeofWork_11142019.doc Page 1 of 4 82 th Avenue NE TSI Suite its 100 100 Redmond,WA 98052.6628 Transportation Solutions,Inc. T 425.883.4134 F 425.867.0898 www.lsinw.com Supplement No.2 CITY of Kent—Willis St(SR 516)and Wh Avenue S Roundabout 11/14/2019 D. Change Management This is a time and materials Supplement with a not to exceed maximum. The level of effort for various tasks is an estimate and may vary. CONSULTANT will work closely with CITY staff to identify and determine if additional request for work items and/or task requests are out of the scope and fee contained herein. E. Payment CONSULTANT invoice period closes on the 15th day of each month. CONSULTANT shall prepare monthly progress reports discussing work activity that occurred during the reporting period. The progress report will identify any unforeseen changes in the scope and schedule and will forecast key work activity for the upcoming reporting period. Exhibit A-3 provides the Estimate Fee for Supplement No. 1. The estimated cost for the maximum not to exceed amount is as follows: Original Contract Labor $ 73,970 Expenses $ 5,600 Original Contract $ 79,570 Supplement No. 1 Supplement No. 1—Labor $58,820 Supplement No, 1—Expenses $ 200 Supplement No. 1—Total $ 59,020 Supplement No. 2 Supplement No. 2—Labor $ 26,045 Supplement No. 2—Expenses $ 11.5 26 160 Revised Maximum Not to Exceed Amount $164,750 Schedule CONSULTANT has provided an approximate schedule shown in Exhibit A-2. The schedule shows approximate durations of work activity by task. The CONSULTANT cannot control review times by the CITY and/or other agencies, if any. The specific date for notice to proceed is subject to the CITY's approval process. V2_SupplementNo2_KentScopeofWork_11142019.doc Page 2 of 4 TS Suits.165th Avenue NE Suite 100 Redmond,WA 98052.6628 Transportation Solutions,Inc. T 425.883.4134 F 425.867.0898 www.tsinw.com Supplement No.2 CITY of Kent—Willis St(SR 516) and 41'Avenue S Roundabout 11/14/2019 SuppNo2-Task 1—Additional Channelization Plan Development and Coordination SuppNol-Task 1- 1.0 Project Management Project management will be on-going during the course of the project. CONSULTANT's project manager will maintain regular communication with the CITY's project manager. CONSULTANT will monitor the project's scope, schedule, and budget, will coordinate and communicate status reports,and other similar project management tasks. SuppNo2-Task 1-1.1 Additional Coordination with WSOT The CONSULTANT will work with WSDOT to refine the splitter island geometry. This will include phone calls and emails and preparation of concepts. SuppNo2—Task 1—1.2 Additional Research and Analysis of Vane Islands The CONSULTANT will contact peers across the country to research the usage and implementation of vane splitter islands and how pedestrian's cross multi-lane roundabouts. SuppNo2—Task 1-1.3 Change/Add Channelization Plan Call Outs for Roundabout WSDOT provided "go by" channelization plan examples early on in the project that the CONSULTANT used to develop the Channelization Plan set. Later WSDOT changed to another set of"go by"channelization plan examples. This resulted in revising the channelization plans, adding additional sheets, and creating callouts to meet the request of WSDOT. SuppNo2—Task 1-1.4 Additional Mapping Changes and AutoTurn Analysis The City has provided revisions to sidewalk layouts that has resulted in extra effort to update the channelization plans. WSDOT has requested additional AutoTurn analysis of other possible trucking vehicle types. SuppNo2—Task 2 Prepare for and attend 2nd Public Open House Meeting TSI will prepare for and attend a 2 d Public Open House Meeting to be hosted by the City in January 2020. TSI will update and print the presentation materials. TSI will have staff attend the Open House in support of City staff to answer questions about the project. SuppNo2—Task 3 Field Review one to two existing Roundabouts in the Region TSI will field review and take pictures of one to two roundabouts that have been built in the region to compare median, island, and apron curbs to the proposed design of this project. TSI will focus on how the big rig freight trucks are able to mount the curbs without damage to sidewall of tires. TSI will prepare a memorandum of findings and submit to the City. Q_SupplementNo2_KentScopeofWork_11142019.doc Page 3 of 4 8250 1651h Avenue NE Suite 100 TS1 Redmond,WA 98052.6628 Transportation Solutions,Inc. T 425-883.4134 F 425.887.0898 www.tsinw.com Supplement No.2 CITY of Kent—Willis St(SR 516)and 41h Avenue S Roundabout 11/14/2019 EXHIBIT A-2 SCHEDULE AND MILESTONES TASK APRROXIMATE DATE Begin End SuppNo2—Task 1 Additional Chan Plan Development/Coordination Sept 1 Dec 31, 2019 SuppNo2—Task 2 Preparation/Attend 2nd Public Open House Jan 1, 2020 Jan 9, 2020 SuppNo2—Task 3 Field Review Existing Roundabouts Dec 2, 2019 Jan 8, 2020 EXHIBIT A-3 Exhibit A-3 Supplment No.2-Fee Estimate 11/14/2019 City of Kent-4th Avenue S 3 Willis Street Roundabout-Design Consultant Services Transportation Solutions Inc-Fee Schedule PIC PM Sr Engr Sr.Engr Transp.Engr Planner 1 Admin VS JE ALB MM MAC JS JB victor Jeff Andrew Michelle Mary Ann Jennifer Jill Salemann Elekes Bratlien Mach Olson Salemann Berberich Bill Rate— $ 226.56 $ 204.83 $ 161.38 $ 173,80 $ 145.86 $ 98.00 $ 124.14 Anticipate Work Elements Task(s) Task Hrs Task Cost SuppNo2-Task 1-Additional Channelization Plan Development and Coordination 8 16 0 74 0 0 4 102 $18,447.20 Task 1.0 Project Management 2 8 4 Task 1.1 Additional Coordination with WSDOT 3 3 12 Task 1.2 Additional Research and Analysis on Vane Islands 1 8 Task 1.3 Change/Add Channelization Plan Call Outs for Roundabout 2 4 48 Task 1.4 Additional Mapping Changes and AutoTurn Analysis 1 6 SuppNo2-Task 2-Prepare/Attend 2nd Public Open House 5 8 0 6 2 2 0 23 $ 4,301.93 SuppNo2-Task 3-Field Review Existing Roundabout(s) 2 2 0 14 0 0 0 18 E 3,295.92 Labor Estimate 1b 26 0 94 2 2 4 143 $26,045.05 rd $ (0.05) �$26,045.00 Expense Estimate 1 trips @ 60 miles/trip Travel 200 miles 0.58 $/mile $ 116.00 rd $ 1.00 $ 115.00 Grand Total $26,160.00 V2_SupplementNo2_KentScopeofWork_11142019.doc Page 4 of 4 -_TRANSOL-02 R1KJOHNSON �►�oRO CERTIFICATE OF LIABILITY INSURANCE DATE 0511 5/201 9 ) _ 05115/2019 'IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES oELOW. 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 Kassi Johnson NAME: AssuredPartners of Washington,LLC PHONE FAx P.O. Box 847 (A/C,No,Ext):(425)952-2661 (A/c,No): Redmond,WA 98073 ADDRIESS:AIL - kassi.johnson@assuredpartners.com --- - INSURER(S)AFFORDING COVERAGE NAIC# wsuRERA:Travelers Indemnity Company 06183 INSURED INSURER B:Travelers Casualty Insurance Company of America 31194 Transportation Solutions,Inc. INSURER C:Travelers Casualty_&Surety of America- 31194 - 8250 165th Ave NE#100 wsuRERo: Redmond, A 98052 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 IINSR N D S6D POLICY NUMBER POLICY EFF POLICY EXP - MM/DDIYYYY MMlDDM'YY LIMITS WA RAL LIABILITY 1,000,000 6808894C1501842 12/31/2018 12/31/2019 DAMAGE AMAOCCURRENCE $ X COMMERCIALStop Gap 5,000 X OCCUR X DAMAGE TO RENTED 300,000 -- PREMISES�E�ccurren� 5 p - ------.-j MED EXP(Any one person)_ $_... 5,000 PERSONAL&ADV INJURY $ 1,000,000 -- --- _. GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY LJI JECT LOC I PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 X ANY AUTO BA9K958883 03/23/2019 03/23/2020 ! BODILv INJURY(Per personL_$ :OWNED SCHEDULED AUTOS ONLY __ AUTOS X HIRED X NONAyyNED - PROPERTYU AMAGEaccadent) $ AUTOS ONLY AUTOS ONLY (Per accidenIt_ $ _ A X UMBRELLA X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAR EXCESS y CLAIMS-MADE CUP5C5105711842 12/31/2018 12/31/2019 AGGREGATE 1,000,000 --- DED X RETENTION$ 5,000 - S A WORKERS COMPENSATION PER _ — AND EMPLOYERS'LIABILITY YIN . $TATUTE�_XLRH - ANY PROPRIETOR/PARTNER/EXECUTIVE 6808894C1501842 12/31/2018 12/31/2019 1,000,000 OFFICandER/MEMBER EXCLUDED? N/A E.L EACH ACCIDENT $ (Matory in NH) 1,000,000 If yes,describe under -E.L.DISEASE_EA EMPLOYEE. $ DESCRIPTION OF OPERATIONS below i E L DISEASE-POLICY LIMIT < 1,000,000 C 'Professional Liab 105932134 05/13/2019 05/13/2020 Per Claim: 3,000,000 C Professional Liab. 105932134 05/13/2019 05/13/2020 ',Aggregate: 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:4th Avenue and Willis Street Roundabout It is agreed that the City of Kent is included as Additional Insured as required by written contract.Coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE --1 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy#:6808894CI501842 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury" or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fence Commuted amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you is deleted, vided to an additional insured anther this 3. The following Is added to Paragraph b. Excess Coverage Part must apply on a primary basis or Bneits nr= as an 01 1 -_ a primary and non-contributory basis, this insur- Subparagraph(1): a..0`�V' a� auvWaiaytdpii under ance is primary to other insurance that is avail- able Thnf ;� hHt� ti a�^ G4ie lV JUVII additivridl irisured which covers such 1J c.vca, - - _- �t..�.`�tvv :iii�ri "ne M.--rec additional insured as a named insured, and we is added as an additional insured under any other pol;r_.v ;rc! ding any arnbrella Or ext Esc pcGcy. will snot share with that other insurance, provided a"a,. uit. a. The "bodily injury„ or "property damage" for which coverage is sought occurs, and CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Pace 1 of 1 Policy#:6808894C1501842 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION ll) is amended in a written contract for this insurance to to include as an insured any person or organiza- apply on a primary or contributory basis. tion (called hereafter "additional insured") whom 3. This insurance does not apply: you have agreed in a written contract, executed prior to loss, to name as additional insured, but a. on any basis to any person or organization only with respect to liability arising out of "your for whom you have purchased an Owners work" or your ongoing operations for that addi- and Contractors Protective policy. tional insured performed by you or for you. b. to "bodily injury," "property damage," "per- t. With respect to the insurance afforded to Addi- sonal injury," or "advertising injury" arising tional Insureds the following conditions apply: out of the rendering of or the failure to render a. Limits of Insurance — The following limits of any professional services by or for you, in- liability apply:a I cluding. 1. The limits which you agreed to provide; 1. The preparing, approving or failing to or prepare or approve maps, drawings, opinions, reports, surveys, change or- 2. The limits shown on the declarations, ders, designs or specifications; and whichever is less. 2. Supervisory, inspection or engineering b. This insurance is excess over any valid and services. collectible insurance unless you have agreed CG D1 05 04 94 Copyright, The Travelers Indemnity Company, 1994. Includes Copyrighted Material from Insurance Services Office, Inc. Page 1 of 1 Policy#:6808894C1501842 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO- VISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured 1. Injury to Co-Employees and Co-Volunteer B. Damage To Premises Rented To You Extension Workers • Perils of fire, explosion, lightning, smoke, water J. Aircraft Chartered with Crew I _ I! Ail. O e,4 1A1-* & 1 1 Limit increased to$JUU,000 ��• Ivvn-vvr ilcV vvalcr Cran.- 111%AVajOu C. Blanket Waiver of Subrogation from 25 feet to 50 feet D. Blanket Additional Insured—Managers or `" `yr'`y"ts Lessors of Premises • Cost for bail bonds increased to$2,500 E. Blanket Additional Insured— Lessor of • Loss of earnings increased to$500 per day leased Equipment M. KnnwlecinP and Nntirp of nerizrrQnr.Q F. Incidental Medical Malpractice or Offense G. Personal Injury—Assumed by Contract N. Unintentional Omission H. Extension of Coverage—Bodily Injury 0. Reasonable Force—Bodily Injury or Propel y Daiilayc PROVISIONS B. DAMAGE TO PREMISES RENTED TO YOU A. BROADENED NAMED INSURED EXTENSION 1. The Named Insured in Item 1. of the Declara- 1. The last paragraph of COVERAGE A. BOD- tions is as follows: 11 Y IN_It iRY AND PROPERTY DAMAGE L l- The person or organization named in Item 1. ABILITY (Section 1 — Coverages) is deleted of the Declarations and any organization, and replaced by the following: other than a partnership or joint venture, over Exclusions c. through in. do not apply to dam- which you maintain ownership or majority in- age to premises while rented to you, or tem- terest on the effective date of the policy. porarily occupied by you with permission of However, coverage for any such organization the owner, caused by: will cease as of the date during the policy pe- riod that you no longer maintain ownership of, a. Fire; or majority interest in, such organization. b. Explosion; 2. WHO IS AN INSURED (Section 11) Item 4.a. c. Lightning, is deleted and replaced by the following: d. Smoke resulting from such fire, explosion, a. Coverage under this provision is afforded or lightning, or only until the 180th day after you acquire e. Water. or form the organization or the end of the policy period, whichever is earlier, unless A separate limit of insurance applies to this reported in writing to us within 180 days. coverage as described in LIMITS OF INSUR- 3. This Provision A. does not apply to any per- ANCE (Section 111). son or organization for which coverage is ex- 2. This insurance does not apply to damay to cluded by endorsement. premises while rented to you, or temporarily CG D 1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 5 COMMERCIAL GENERAL LIABILITY occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner, caused by: PROPERTY DAMAGE LIABILITY(Section I— a. Rupture, bursting, or operation of pres- Coverages) is excluded by endorsement. sure relief devices; C. BLANKET WAIVER OFSUBROGATION b. Rupture or bursting due to expansion or We waive any right of recovery we may have swelling of the contents of any building or against any person or organization because of structure, caused by or resulting from wa- payments we make for injury or damage arising ter; out of premises owned or occupied by or rented c. Explosion of steam boilers, steam pipes, or loaned to you; ongoing operations performed steam engines, or steam turbines. by you or on your behalf, done under a contract 3. Part 6. of LIMITS OF INSURANCE (Section with that person or organization; "your work"; or III) is deleted and replaced by the following: "Your products". We waive this right where you have agreed to do so as part of a written contract, Subject to 5. above, the Damage To Prem- executed by you prior to loss. ises Rented To You Limit is the most we will D. BLANKET ADDITIONAL INSURED — MANAG- pay under COVERAGE A. for damages be- ERS OR LESSORS OF PREMISES cause of"property damage" to any one prem- ises while rented to you, or temporarily occu- WHO IS AN INSURED (Section II) is amended to pied by you with permission of the owner, include as an insured any person or organization caused by fire, explosion, lightning, smoke (referred to below as "additional insured") with resulting from such fire, explosion, or light- whom you have agreed in a written contract, exe- ning, or water. The Damage To Premises cuted prior to loss, to name as an additional in- Rented To You Limit will apply to all damage sured, but only with respect to liability arising out proximately caused by the same "occur- of the ownership, maintenance or use of that part rence", whether such damage results from of any premises leased to you, subject to the fol- fire, explosion, lightning, smoke resulting from lowing provisions: such fire, explosion, or lightning, or water, or 1. Limits of Insurance. The limits of insurance any combination of any of these. afforded to the additional insured shall be the The Damage To Premises Rented To You limits which you agreed to provide, or the lim- Limit will be the higher of: its shown on the Declarations, whichever is a. $300,000; or less. b. The amount shown on the Declarations 2. The insurance afforded to the additional in- for Damage To Premises Rented To You sured does not apply to: Limit. a. Any "occurrence" that takes place after 4. Under DEFINITIONS (Section V), Paragraph you cease to be a tenant in that premises, a. of the definition of "insured contract" is b. Any premises for which coverage is ex- amended so that it does not include that por- cluded by endorsement; or tion of the contract for a lease of premises c. Structural alterations, new construction or that indemnifies any person or organization demolition operations performed by or on for damage to premises while rented to you, behalf of such additional insured, or temporarily occupied by you with permis- sion of the owner, caused by: 3. The insurance afforded to the additional in- a. Fire; sured is excess over any valid and collectible insurance available to such additional in- b. Explosion; sured, unless you have agreed in a written c. Lightning; contract for this insurance to apply on a Ari- d. Smoke resulting from such fire, explosion, mary or contributory basis. or lightning; or E. BLANKET ADDITIONAL INSURED — LESSOR e. Water. OF LEASED EQUIPMENT 5. This Provision B. does not a I if covers e WHO IS AN INSURED (Section il) is amended to pp y 9 include as an insured any person or organization for Damage To Premises Rented To You of (referred to below as "additional insured") with Page 2 of 5 Copyright, The Travelers IndemnityCompany, 2003 CG D1 86 11 03 COMMERCIAL GENERAL LIABILITY whom you have agreed in a written contract, exe- for which no remuneration is demanded cuted prior to loss, to name as an additional in- or received. sured, but only with respect to their liability arising 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- out of the maintenance; operation or use by you SURED (Section II) does not apply to any of equipment leased to you by such additional in- registered nurse, licensed practical nurse, sured, subject to the following provisions: emergency medical technician or paramedic 1. Limits of Insurance. The limits of insurance employed by you, but only while performing afforded to the additional insured shall be the the services described in paragraph 2. above limits which you agreed to provide, or the lim- and while acting within the scope of their em- its shown on the Declarations, whichever is pioyment by you. Any "employees" rendering less. "Good Samaritan services" will be deemed to 2. The insurance afforded to the additional in- be acting within the scope of their employ- sured does not apply to: ment by you a. Any "occurrence" that takes place after 4. The following exclusion is added to paragraph the equipment lease expires; or 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- b. "Bodily injury" or "property damage" aris- ITY (Section I—Coverages) ing out of the sole negligence of such ad- ditional insured. (This insurance does not apply to:) Liability ariSinn niit of tha willful vinlation of a nenal 3. The insurance afforded to the additional in- statute or ordinance relating to the sale of sured is excess over any valid and collectible oharmaceuticals by or with the knowledge cr insurance available to such additional in- consent of the insured sured, unless you have agreed in a written Y 9 €, Fyr the nlirnnece of M�Di�rmininr. 4ha �ru�ljr�_ contract for this insurance to apply on a pri- "'" ZI �' ?'Fl.-- mary or contributory basis. ble limits of insurance, any act or omission, together with all related acts or omissions in F. i�avivL aTAL ITIL.iCAL 7V"ALPMAMV i I^iC Trip furnishing of the 'services aescrioec in 1. The dPfinitinn of "hodily inj:_lry" in nF-FINI- paragraph 2, above to any one person, will be TIONS (Section V) is amended to include "In_ considered one"occurrence". -iden> I —did I Ml 1 cure Inju- i+ -"is n.-., _ F. d a � if L, a.p:aL;..� „j-,y''. a. .III r l vv ISI i i r, iavca not apply 1, you iI 2. The following definition is added to DEFINI- the business or occupation of providing any of TIONS (Section V): the services described in paragraph 2.above. "Incidental medical malpractice iniury" means 7. The insurance provided by this Provision F. bodily injury, mental anguish, sickness or dis- shah be excess over any other valid and col- ease sustained by a person, including death lectible insurance available to the insured, resulting from any of these at any time, aris- whether primary, excess, contingent or on ing out of the rendering of, or failure to ren- any other basis, except for insurance pur- der, the following services: chased specifically by you to be excess of a. Medical, surgical, dental, laboratory, x-ray this policy. or nursing service or treatment, advice or G. PERSONAL INJURY — ASSUMED BY CON- instruction, or the related furnishing of TRACT food or beverages; 1. The Contractual Liability Exclusion in Part b. The furnishing or dispensing of drugs or 2., Exclusions of COVERAGE B. PER- medical, dental, or surgical supplies or SONAL AND ADVERTISING INJURY LIABIL- appliances; or ITY (Section I — Coverages) is deleted and c. First aid. replaced by the following: d. "Good Samaritan services". As used in (This insurance does not apply to:) this Provision F., "Good Samaritan ser- Contractual Liability vices" are those medical services ren- "Advertising injury" for which the insured has dered or provided in an emergency and assumed liability in a contract or agreement. This exclusion does not apply to liability for CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 3 of 5 COMMERCIAL GENERAL LIABILITY damages that the insured would have in the 3. Subparagraphs 2.a.(1)(a), (b) and (c) and absence of the contract of agreement. 3.a. of WHO IS AN INSURED (Section 11) do 2. Subparagraph f. of the definition of "insured not apply to "bodily injury" for which insurance contract" (DEFINITIONS — Section V) is de- is provided by paragraph 1. or 2.above. leted and replaced by the following: J. AIRCRAFT CHARTERED WITH CREW f. That part of any other contract or agree- 1. The following is added to the exceptions con- ment pertaining to your business (includ- tained in the Aircraft, Auto Or Watercraft ing an indemnification of a municipality in Exclusion in Part 2., Exclusions of COVER- connection with work performed for a AGE A. BODILY INJURY AND PROPERTY municipality) under which you assume the DAMAGE LIABILITY(Section I—Coverages): tort liability of another party to pay for "bodily in) ryL ," 'property damage"or" (This exclusion does not apply to:) Aircraft per-sonal injury' to a third party or organiza- chartered with crew to any insured. tion Tort liability means a liability that 2. This Provision J. does not apply if the char- would be imposed by law in the absence tered aircraft is owned by any insured of any contract or agreement. 3. The insurance provided by this Provision J. 3. This Provision G. does not apply if COVER- shall be excess over any other valid and col- AGE B. PERSONAL AND ADVERTISING IN- lectible insurance available to the insured, JURY LIABILITY is excluded by endorse- whether primary, excess, contingent or on ment, any other basis, except for insurance pur- H. EXTENSION OF COVERAGE — BODILY IN- chased specifically by you to be excess of JURY this policy. The definition of "bodily injury" (DEFINITIONS — K. NON-OWNED WATERCRAFT Section V) is deleted and replaced by the follow- 1� The exception contained in Subparagraph (2) ing: of the Aircraft, Auto Or Watercraft Exclu- "Bodily injury" means bodily injury, mental an- sion in Part 2., Exclusions of COVERAGE A. guish, mental injury, shock, fright, disability, hu- BODILY INJURY AND PROPERTY DAMAGE miliation, sickness or disease sustained by a per- LIABILITY (Section I — Coverages) is deleted son, including death resulting from any of these at and replaced by the following: any time. (2) A watercraft you do not own that is: I. INJURY TO CO-EMPLOYEES AND CO- (a) Fifty feet long or less, and VOLUNTEER WORKERS (b) Not being used to carry persons or 1. Your "employees" are insureds with respect property for a charge; to "bodily injury" to a co-"employee" in the 2. This Provision K, applies to any person who, course of the co-"employee's" employment by with your expressed or implied consent, either you, or to your"volunteer workers" while per- uses or is responsible for the use of a water- forming duties related to the conduct of your craft. business, provided that this coverage for your "employees" does not apply to acts outside 3. The insurance provided by this Provision K. the scope of their employment by you or while shall be excess over any other valid and col- performing duties unrelated to the conduct of lectible insurance available to the insured, your business. whether primary, excess, contingent or on 2. Your "volunteer workers" are insureds with any other basis, except for insurance pur- chasedrespect to "bodily injury" to a co-"volunteer specifically by you to be excess of this policy. worker"while performing duties related to the conduct of your business, or to your "employ- ees" in the course of the "employee's" em- Parts b. and d. of SUPPLEMENTARY PAY- ployment by you, provided that this coverage MENTS — COVERAGES A AND B (Section I — for your "volunteer workers" does not apply Coverages) are amended as follows. while performing duties unrelated to the con- 1. In Part b. the amount we will pay for the cost duct of your business. of bail bonds is increased to$2500. Page 4 of 5 Copyright, The Travelers IndemnityCompany, 2003 CG D1 86 11 03 COMMERCIAL GENERAL LIABILITY 2. In Part d. the amount we will pay for loss of which you are required to notify us in writing earnings is increased to $500 a day. of the abrupt commencement of a discharge, M. KNOWLEDGE AND NOTICE OF OCCUR- release or escape of "pollutants" which RENCE OR OFFENSE causes "bodily injury" or "property damage" which may otherwise be covered under this 1. The following is added to COMMERCIAL policy. GENERAL LIABILITY CONDITIONS (Section N. UNINTENTIONAL OMISSION IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): The following is added to COMMERCIAL GEN- Notice of an 'occurrence" or of an offense ERAL LIABILITY CONDITIONS (Section IV), which may result in a claim under this insur- paragraph 6. (Representations): ante shall be given as soon as practicable af- The unintentional omission of, or unintentional ter knowledge of the 'occurrence" or offense error in, any information provided by you shall not has been reported to any insured listed under prejudice your rights under this insurance. How- Paragraph 1. of Section II — Who Is An In- ever, this Provision N.does not affect our right to sured or an "employee" (such as an insur- collect additional premium or to exercise our right ante, loss control or risk manager or adminis- of cancellation or nonrenewal in accordance with trator)designated by you to give such notice. applicable state Insurance laves, codes or reguia- Knowledge by other "employee(s)" of an "oc_ tions. l.l7i rClll.e Vr Ui all VIIeIIJC UUGj IIUL HI Wly tllal �l. RCi1.7V1l I1aLG T-VRi.G — pV1.li l_1 1!'IJLJf\1 %J\ you also have such knowledge. PROPERTY DAMAGE 2. Notice shall be deemed prompt if given in The Expected Or Intended Injury Exclusion in good faith as soon as practicable to your Part 2., Exclusions of COVERAGE A. BODILY workers' compensation insurer. This applies INJURY AND PROPERTY DAMAGE LIABILITY only if you subsequently give notice to us as (Section I — Coverages) is deleted and replaced soon as practicable after anv insured listed by the following: under Paragraph 1. of Section II —Who Is An This insurance does not apply to:' ( pP Y 1 insured vi ail "ainpioyee" (such as Rii ilisur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice "Bodily injury" or "property damage' expected or discovers that the "occurrence", offense or intended from the standpoint of the insured. This claim may involve this policy. exclusion does not apply to "bodily injury" or 3. However, this Provision M. does not apply as "property damage" resulting from the use of rea- respects the specific number of days within sonabie force to protect persons or property. CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 5 of 5