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HomeMy WebLinkAboutCAG2019-413 - Amendment - #1 - Otak, Inc. - 76th Ave S Road Raising Storm Drain Analysis - 09/10/2019 Agreement Routing Form KEN T For Approvals,Signatures and Records Management WASHINGTON 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 Susanne Smith Department: Public Works Date Sent: 1/8/20 Date Required: 1/10/20 i� Authorized Director or Designee Date of 0 N/A a, to Sign: Council C Mayor Approval: Budget 19-3006 Grant? Yes W1 No Account Number: Type: N/A Vendor Category: Name: Otak, Inc. g y: Contract C Vendor 177103 Sub-Category Amendment 0 Number. a Project Name: 76th Ave. S. Road Raising 0 W. Project C Details: Provide storm water quality treatment support, and landscape design ser. c EAgreement 0 Basis for 0 Amount: Selection of o� Contractor. Q Start Date: 1/8/20 Termination Date: 12/31/20 Notice required prior to Yes No disclosure? Contract Number: C ACn 20I Date Received by City Attorney: Comments: Ch c 0 0 N al .i+ i4 Date Routed to the Mayor's Office: in .41 Date Routed to the City Clerk's Office: y a Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 • KENT W.5 H I NGTO N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Otak, Inc. CONTRACT NAME & PROJECT NUMBER: 761" Avenue S. Road Raisins ORIGINAL AGREEMENT DATE: September 10, 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 storm water quality treatment support and landscape/irrgation design services. 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, $58,540 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $58,540 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $58,540 AMENDMENT - 1 OF 2 Original Time for Completion 12,131/20 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'i Days Required (±) for this Ocalendardays Amendment Revised Time for Completion 12/31/20 (insert date) The COD3U|tdnt or Vendor 8CC8ptS all requirements of this Amendment by Signing &8|Ow, by its signature VVa|v8S any protest Or claim it may have regarding this Amendment, and OCkOOvv|edgeS and dCD8pt5 that this Amendment constitutes full payment and final settlement of JU [|dinl5 Of any kind Or nature arising from Or connected with any work either covered or affected by this Amendment, including, without |ir0itdU0O, ddiDl5 related to cODtn][L time, contract acceleration, ODSiteOr home office overhead, or lost profits. This Amendment, UO|eSS otherwise provided, does not relieve the [OnsU|tODt Or Vendor from strict compliance with the guarantee and warranty provisions Ofthe original Agreement. All acts CODS|steUt with the authority of the Agreement, previous Amendments (if any), and this AnOeOdrDeDt/ prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms 0f the Agreement, previous Amendments (if any), and this ArneDdnneO[ shall be deemed to have applied. The parties vvhOS8 narnBS appear below swear Under penalty of perjury that they are authorized to enter into this Amendment, vvh|Ch is binding On the parties of this contract. I ITNESS, the parties below have executed this Amendment, which will becorn effective on the last date written below. CON ULTANT/VENDOR: CITY OF KENT: el�g � By: P r i n t N a rn e: e'o". VArJ d��*s Print Name: Carla Maloney, P.E. DATE: DATE: ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department n", /6"mR�/..w^"mI/S~.* AMENDMENT 20F2 EXHIBIT A Otak Attachment City of Kent 76th Avenue S Road Raising Water Quality Treatment Support & Landscape/Irrigation PS&E Otak Project No. 33183 Scope of Services - Amendment No. 1 This project is included in the 2019—2024 Transportation Improvement Plan. The City of Kent is designing the roadway improvements in-house with support from Otak on specific tasks. The City requested a scope of work and fee proposal for the landscape and irrigation design, including preparation of plans, specifications and cost estimates, on 7611 Avenue S from S 2121h Street south to Mill Creek. This scope also provides an allowance for storm water quality treatment support as requested by the City. Construction of the project may be as early as 2020. Project Criteria The City will establish the project parameters and design criteria. Reports and plans shall be developed in accordance with the latest edition and amendments as of the date of the Notice to Proceed, of the following documents. Changes in any design standards or requirements after work has begun may result in Extra Work. City of Kent (City) • Kent Design and Construction Standards Manual 2009 and Standard Plans, including updated standards ■ Kent Drafting/CADD Standards Washington State Department of Transportation (WSDQT) • Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction (M41-10) 2018 • Standard Plans for Road, Bridge, and Municipal Construction (M21-01) Project Schedule The project schedule will be developed by the City and updated as changes occur. The anticipated major milestones are: Task 3—Landscaping and Irrigation PS&E • Deliverables at 50%—Five weeks after Task NTP • Deliverables at 100%—Five weeks after Task NTP and/or comments are received, whichever is later The anticipated duration of the reviews by the City and others will be provided in the project schedule. Mutually agreeable changes to the project schedule, whether initiated by the City or Otak, may be the basis for adjustments in the project budget, kaproject1331001331831contract176th road raising scope 2019_1213.docx 11241 Willows Road NE, Suite 200 Redmond,WA 98052 • Phone(425)822-4446 Fax(425)827-9577 otak.com Page 2 7611 Avenue S Road Raising December 13, 2019 Items and Services to Be Furnished by the City The City will provide the following items to Otak. Otak is entitled to rely on the accuracy and completeness of this and other data furnished and represented by the City and others. • Topographic surveying, boundary resolutions and basemap prcporation • Record information on existing utilities • identification of utility impacts, coordination, and resolution, including potholing where needed • CADD standards and City Standard Design Details. • Rights-of-entry upon all lands necessary for the performance of the work, including official notices to property owners and agencies. • Timely reviews of Otak submittals at the mutually agreed upon times set forth in the project schedule and the consolidation of all review comments by others onto one review set prior to return to Otak. • Payment of all application reviews and/or permit fees. • Compilation, reproduction, and distribution of Bid Documents to potential bidders and interested parties. Project Management Otak will manage their work to ensure effective and efficient communication between Otak and City project team members, submittal of invoices in a timely manner, proactively anticipating and resolving problems and ensuring quality products that meet the project's goals and objectives. Otak's project manager and other appropriate staff will participate in coordination and design meetings as needed. Hours for project management, site visits, and meetings are incorporated into the following tasks below. Assumptions: • Site visits for up to three staff • Meetings at the City for up to 9 staff through the duration of this scope • Project management for up to 6 months Task 2 Water Quality Treatment Options When requested by the City, Otak will provide support for water quality analysis and/or design. Assumptions: • The work requested will fit within the budget allowance for this task. Task 3 Landscape and Irrigation PSBE Beginning with 30% plans prepared by the City, Otak will complete landscape and irrigation design of the new planter strips for up to 1,800 feet of streetscape, limits to be determined by the City between the intersection of S 21211 Street and 761"Ave S southward to 22408 76'h Ave S. • Prepare landscaping and irrigation plans at 50% and 100% design stages to be incorporated in the overall bid package, using City of Kent design and CADD standards. • Prepare specification language at 50% and 100%to be incorporated into the specifications being prepared by the City of Kent. • Contribute landscape and irrigation costs for total project cost estimate at 50%and 100% design stages Assumptions: • In-person meetings with Kent Public Works Maintenance personnel will include an initial meeting to discuss acceptable plant choices, 50% design stage to check on design progress and adjust parameters and goals and 100% design stage to ensure that landscape and irrigation design will meet staff goals. • Plans prepared by the City as 30% design will include all sheet setups, planting palette and areas to be planted, irrigation type and areas to be irrigated, and the point of connection with system pressure data at that k.tprojectt33 100133 1 831contractt76th road raising scope 2019 1213.docx 2 Page 3 76f^Avenue S Road Raising December 13, 2019 point. Deliverables: • PDF files for each deliverable • CADD files at 50% and 100%design levels • Landscape and irrigation design to use AutoCAD along with Land f/x program • The estimated sheet list is as follows: Landscape plans(double window) 2 Landscape details &schedule 2 Irrigation plans (double window) 2 Irrigation details&_ schedules 4 Total 10 kaprojectl331001331631contract176th road raising scope 2019_1213.docx 3 a o 8,N (xe10)mse1 o a ua wr'o 4) Rq sad IB7o1 U (Kelo) co c N .� sinoH lelo.L Nv U!LUPV c 13eJIU00 m ro w E luels!ssy 9 to UIWPV loafad v 2 w m UN M ❑ Al 4001 v N w O/ Q v 6uueeul6ua N M N N `m v A ioel!4d. co Ch c of eo g� cc adeospuel a :0 i» m E r Al 10an4a,y E2 w adeospuel $ .- es w v c a gg IA lOel!40N �j adeospuel w c Al Jau61sa4 o ado 6ul:894u3 c in o, od ai a O IIA3 N NON b, 'co IA 194UelOg N N 0 N o � w N ". X N h u Jaeu16u31IA'Qui h 06 a O Z a slee4s bo# o $ c. C f0 C � o N " Z E m N P Q ❑ _` (li a <C m m i N C O P C a LL' 06 o a 'o m O c cq a no C a N rr^^ ❑ 0 y Q 0 N V) C = C sH 4) N th c Q7 0. m j > d Q m th ❑ rn ' . E s Cl) o c EE 0 C7 O m H w w C lV .O a` _ O t0 C W �a Q E m' 0 � W — _' m d) U > LL O m a'a t- C'4 a'i Client#: 53352 OTAKINC ACORDTM CERTIFICATE OF LIABILITY INSURANCE F71130/2011(MMIDDIYYYY) 9 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 CONTACT NAME: Carly Underwood Greyling Ins. Brokerage/EPIC n/C°,Na,Ext:770.552.4225 FAX LA No): 866.550.4082 3780 Mansell Road,Suite 370 E-MAIL Carl underwood re Iln com Alpharetta,GA 30022 ADDRESS: Y @g Y g• INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Phoenix Insurance Company 25623 INSURED INSURER B:Travelers Indemnity Company 25658 Otak, Inc. Beazle Insurance Company,Inc. 37540 INSURER C: Y P Y. Portland, SW Third Avenue,Suite 300 INSURER D:Travelers Indemnity Company of America 25666 Portland,OR 97204 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 20-21 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR IN SIR IWVD I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 680005H242469 1/01/2020 01/01/2021 EACH OCCURRENCE $1 000000 CLAIMS-MADE OCCUR PREMISESOEa occurrence $1 OOU,000 MED EXP(Any one person) s5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY F X1 JECOT X l LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: D AUTOMOBILE LIABILITY BA1502P892 1/01/2020 01/01/2021 EaaacccidentSINGLELIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY HIRED AUOTOS ONL rDY PROPERTY DAMAGE $ X Pe accident B �( UMBRELLA LIAB X OCCUR CUP005C857081 1/01/2020 01/01/2021 EACHOCCURRENCE $10000000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10 00O 000 DIED X RETENTIO1.$1O no o $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N IER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? Mandatory in If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional V10267201101 1/01/2020 01/01/2021 Per Claim$2,000,000 Liability Aggregate$4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Re: Mill Creek at 76th Ave. S.Flood Protection Improvements Project.The City of Kent is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation& professional liability where required by written contract.The above referenced liability policies with the exception of workers compensation and professional liability are primary&non-contributory where required by written contract.Waiver of Subrogation is applicable where required by written contract&allowed by (See Attached Descriptions) 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 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S 1932365/M 1931902 C U N D 1 DESCRIPTIONS (Continued from Page 1) law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,we will endeavor to provide 30 days'written notice(except 10 days for nonpayment of premium) to the Certificate Holder. SAG TTA 25.3(2016/03) 2 of 2 #S1932365/M1931902 ACOR" CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DDNYYY) 01/03/2020 THIS 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 _LOW. 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 NCNTACT AME: Oksana Chorna Elliott Powell Baden and Baker Inc. PHONE (503)227-1771 FAx An ISU Network Member E-MAIL Ext: A/C No: (503)274-7644 , ADDRESS: ochorna@epbb.com 1521 SW Salmon Street INSURER(S)AFFORDING COVERAGE NAIC# Portland OR 97205-1783 INSURERA: SAIF INSURED INSURER B: Otak Inc. INSURER C: 808 SW 3rd Avenue Suite 300 INSURER D: INSURER E Portland OR 97204 INSURER F: COVERAGES CERTIFICATE NUMBER: 20/21 WC 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. IN SR DL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ A N CLAIMS-MADE DOCCUR PREMISES Ea occwence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ❑ PRO- POLICY ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: �WTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ H I - $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N /� STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE A OFFICER/MEMBEREXCLUDED? ❑ N/A 487431 01/01/2020 01/01/2021 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory yes,describe under oryin E.L.DISEASE-EA EMPLOYEE $ 1,000,000 nd DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Project NO 33048 Mill Creek at 76th Avenue S Floor Protection Improvements 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. 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98035 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY Policy Number: 6805H2424691947 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" a. Only with respect to liability for"bodily injury", specifically requires you to provide such "property damage" or"personal injury"; coverage for that additional insured, and then ry'; 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 contract or agreement. additional insured for a loss we cover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and any person or organization for which non-contributory basis, this insurance is primary coverage as an additional insured specifically to other insurance available to the additional is added by another endorsement to this insured which covers that person or organizations Coverage Part. as a named insured for such loss, and we will not f. This insurance does not apply to the share with the other insurance, provided that: rendering of or failure to render any (1) The "bodily injury" or "property damage" for "professional services". which coverage is sought occurs; and g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; 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 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 COMMERCIAL AUTO Policy Number: BA1502P89218GRP THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION 11 —COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section If. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION 11 — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE; Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION It—COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 0 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material or Insurance Services Office,Inc with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- The following is added to Paragraph A.1., Who Is tle any such claim or "suit" and keep An Insured, of SECTION II—COVERED AUTOS us advised of all proceedings and ac- LIABILITY COVERAGE: tions. Any "employee" of yours is an "insured"while us- (if) Neither you nor any other involved ing a covered "auto"you don't own,hire or borrow "insured" will make any settlement in your business or your personal affairs. without our consent. E. SUPPLEMENTARY PAYMENTS — INCREASED (ill) We may, at our discretion, participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A_2.a.(2), "suit". of SECTION II—COVERED AUTOS LIABIL- ITY COVERAGE: (iv)We will reimburse the "insured" for sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury' or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II— COVERED AUTOS LIABIL- SECTION it — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense F. HIRED AUTO — LIMITED WORLDWIDE COV- of the "insured" against any such ERAGE—INDEMNITY BASIS "suit", but only up to and included within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.T. Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less and that is not an "auto" you (ease, hire, rent (Gl This insurance is not a substitute for re- or borrow from any of your "employees", quired or compulsory insurance in any partners (if you are a partnership), members country outside the United States, its ter- (if you are a limited liability company) or rit ad and possessions, Puerto Rico and members of their households. Canada. Page 2 of 4 C 2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc,with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) in or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage, not invalidate the coverage afforded by K. AIRBAGS this policy, but we will only be liable to the same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) it is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto"you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph AA.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION 111—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use Is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one "accident (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph AA.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the"accident' or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS. The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident' parel and other personal property which is: or"loss", provided that the"accident"or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ®2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.Z., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ®2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of insurance Services Office,Inc.with its permission.