HomeMy WebLinkAboutCAG2020-125 - Original - 2020 On-Call Fire Flow Hydraulic MonitoringAgreement Routing Form
KENT For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayo.'s Signature and Contract Cover Sheet forms.
(Print on pink or cheny colored paper)WasHracro{
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Originator:
Kathi Kilborn for Joseph Arauclo
Department:
PW Operations
Date Sent:
4t27t2020
Date Required:
5t1t2020
Authorized to Sign:
El Director or Designee E Mayor
Date of Council Approval;
Budget Account Number:
41 005550.64'120.700
Budget? EYes ENo
Grant? D Yes EI No
Type:
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Vendor Name:
RH2 Engineering
Category:
Contract
Vendor Number:
176332
Sub-Category:
ProjectName: 2020 On-Call Fire Flow Hydraulic Monitoring
Project Details:Provide Hydraulic Modeling using Water GEMSMater CAD by Bentley
Systems on an as needed basis.
Agreement Amount: $1 8,000
Start Date:
Basis for Selection of Contractor:
Terminarion Dare: 413112021
Local Business? E Yes E No*
*lf meets requirements per KCC 3.70.100, please complete 'Vendor Purchase-Local Exceptions" form on Atyspace.
Notice required prior to disclosure?
trYes ElNo
Contract Number:
cnhLoTT - lz5
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Date Received by City Atrorney Commenls:
Date Routed to the Mayor's Office:
Date Routed to the City Clerkt Office:
ad((W223/l_l_20 Visit Documents.KentwA.gov to obtain copies of all agreements
KENT
Wa9HrNoYon
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
RH2 Engineering, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and RH2 Engineering, Inc. organized under the laws of the State of Washington, located and
doing business at 22722 29th Dr. SE, Suite 210, Bothell, WA 98021, Phone: (425) 951-5394, Contact:
Michele Campbell (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
The Consultant shall provide on-call fire flow hydraulic modeling. For a description, see the
Scope of Work which is attached as Exhibit A and incorporated by this reference,
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The pafties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work
described in Section I by April 3I,2O2L
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Eighteen Thousand Dollars ($18,000), for the services described in this Agreement. This is
the maximum amount to be paid under this Agreement for the work described in Section I
above, and shall not be exceeded without the prior written authorization of the City in the
form;of 'a negotiated and executed amendment to this agreement. The Consultant agrees
that thb hourly or flat'late charged by it for its services contracted for herein shall remain
locked at the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
CONSULTANT SERVICES AGREEMENT - 1
($20,000 or Less)
The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant's services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
i/volved under this Agreement.
The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal Revenue
Service and the state Department of Revenue.
The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant's
business, and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
The Consultant maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant's possession pertaining to this project, which may be used by the City without restriction. If the
City's use of Consultant's records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.LL5,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNIW UNDER INDUSTRIAL
CONSULTANT SERVICES AGREEMENT - 2
($20,000 or Less)
A.
B.
c
D
E
F
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
THE PARTIES
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then
Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal
on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to Consultant for the purpose of completion of the work under
this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's
request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act
codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate
fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use
or reuse of any of the documents, data, and files created by Consultant for this project by anyone other
than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with
the authority to control and direct the performance and details of the work authorized under this Agreement,
the work must meet the approval of the City and shall be subject to the City's general right of inspection to
secure satisfactory com pletion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUSPROVISIONS.
A. Recvclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disoutes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
CONSULTANT SERVICES AGREEMENT - 3
($20,000 or Less)
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assionment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into orforming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H, Comoliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
L Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Sionatures bv Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Fufther, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
CONSULTANT SERVICES AGREEMENT. 4
($20,000 or Less)
CONSULTANT:
cfua,tPe-#By
Print Name
(signature)
Michele Campbell
Its Director
4l2t/2020 (title)
DATE;
CITY
By
Print Name:
Its:
J. LaPorte, P.E
Public Works Director
DATE 7
IN WITNESS, the pailies below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
Pr\Publlc\AdmhlstrdUon\Contracts\Cont.act. Prepared (Kathi)\RH 2
CONSULTANT SERVICES AGREEMENT - 5
($20,000 or Less)
NOTICES TO BE SENT TO:
CONSULTANT:
Michele Campbell
RH2 Engineering, Inc.
22722 29th Dr. SE, Suite 210
Bothell, WA 98021
(42s) 9s1-5394 (telephone)
N/A (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
^vr-..
luUn-,
Kent City Clerk
3
DECLARATION
clw oF KENT EQUAL EMPLOYMENT OPPORTUNTTY pOLICy
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity,
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2,
2 During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer,
During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above
By
FOf : RH2 Engineering, lnc.
Tige: Director
Date: 4/2L12o20
4
5
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: L.2 EFFECTIVE DATE: January 1, 1998
SUBJECT MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal oppoftunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or paft of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as
the (date) between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy L.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
For:
Title:
Date
that was entered into on
By
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
Provide Hydraulic Modeling using Water GEMS/Water CAD by Bentley
Systems on an as needed basis.
RH2 ENGINEERING, INC
2O2O SCHEDULE OF RATES AND CHARGES
FOR HYDRAULIC MODELING
All hydraulic modeling work will be performed by Zach Schrempp, P.E. currently at the rate of
Professional lll and oversight provided by Michele Campbell, P.E. currently at the rate of
ProfessionalVll.
The following rates shall apply:
Changes to rate, classification and RH2 staff performing and overseeing the hydraulic modeling
shall be requested through the City for approval.
Other ancillary charges will be billed at RH2 rates based on attached.
Classification Rate Unit
Professional lll StTL S/hr
ProfessionalVll Szgo S/hr
T
l:\Data\KEN\S40\2020 On-Call Hydraulic Modeling\Contract\PSA_Rate Schedule Supplement.doc4/2O|2O2O lltl7t40 AM
RH2 ENG|NEER|NG, tNC.
2O2O SCHEDULE OF RATES AND CHARGES
RATE LIST RATE UNIT
Professional I s143 S/hr
Professional ll s1s9 S/hr
Professional lll s171 S/hr
Professional lV Sras S/nr
Professional V s2oo S/hr
Professional Vl s2r2 S/nr
Professional Vll s23o S/hr
Professional Vlll s238 S/hr
Professional lX s238 $/hr
Control Specialist I Srsr S/trr
Control Specialist ll s143 S/hr
Control Specialist lll s1s7 S/hr
Control Specialist lV s16e S/hr
Control Specialist V Srao S/nr
Control Specialist Vl Srge S/hr
Control Specialist Vll s2o8 S/hr
Control Specialist Vlll s215 $/hr
Technician I s108 S/trr
Technician ll s118 S/hr
Technician lll s13s S/hr
Techniciarr lV 514s S/trr
Technician V s1s8 S/hr
Technician Vl sL74 S/hr
Technician Vll s18s S/hr
Technician Vlll Srgg S/hr
Administrative I s71 S/hr
Administrative ll s84 S/hr
Administrative lll s10o S/hr
Administrative lV Srre S/hr
Administrative V s136 $/hr
CAD/GlS System s27.sO $/hr
CAD Plots - Half Size s2.so price per plot
CAD Plots - Full Size s10,oo price per plot
CAD Plots - Large s2s.oo price per plot
Copies (bw) 8.5" X 11"So.og price per copy
Copies (bw) 8.5" X 14"So.r+price per copy
Copies (bw) 11" X 17"so.2o pnce per copy
Copies (color) 8.5" X 11"50.90 price per copy
Copies (color) 8.5" X 14"s1.20 pnce per copv
Copies (color) 11" X 17"s2.00 pflce per copy
Iechnology Charge 2.50o/o % of Direct Labor
Mileage so.s7s
price per mile
(or Current IRS Rate)
Subconsultants 15%Cost +
Outside Services at cost
Rates listed are adjusted annually.
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to propefty which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors,
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
prem ises, operations, independent contractors, prod ucts-com pleted
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers'Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession,
Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability lnsurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
B
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $2,000,000 per claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thifty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
eefiified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VIL
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, includi n
additional insured endorsement, evi
g
d
but not necessarily limited to the
encin
the Contractor before commencement of t
the insurance requirements of
e work.
g
h
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
DATE (MIII,DDfYYYY}
0512012019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 CERTTFICATE OF INSURANCE DOES NOT COI{STITUTE A CONTRACT BETWEEN THE rSSUtirG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
thls certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Sammamish lnsurance, lnc.
704 2281h Ave NE, PMB 373
Sammamish wA 98074
Jona Bolin
(425) 898-8780 (425) 836-2865
INSURER{SI AFFORDING COVERAGE NAIC #
|NSTIRERA: Ohio Security lnsurance Company 24082
INSURED
RH2 Engineering lnc
22722 29th Dr SE Ste 21 0
Bothell wA 98021
tNsuRER B . Continental Casualty Company 20443
INSURER C:
INSURER D
INSURER E:
INSIIRFR F :
COVERAGES
CERTIFICATE OF LIABILITY INSURANCE
CERTTFTCATENUMBER: C11e520034e2 REMSION NUITIIBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WTH RESPECT TO VVI.IICH 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 SHO\AN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE tNcn POLICY NUMBER LIMITS
A
COMMERCIAL GENERAL LIABILITY
.LAw'.-MADE lX o..u*
5F& J-l'o"
OTHER:
82557962270 0512912019 o512912020
EACH OCCURRENCE $ 2,000,000
L
F s 2,000,000
l\rED EXP (Anv ong Derson)$ 15,000
PERSONAL &ADV INJURY s 2,000,000
GENERALAGGREGATE s 4,000,000
PRODUCTS - COMP/OPAGG s 4,000,000
Employers Liability $ 2,000,000
A
AUTOMOBILE LIABILITY
ANYAUTO
OVVNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON.OVVNED
AUTOS ONLY
8AS57962270 05t29t20't9 05t29t2020
$ 1,000,000
BODILY INJURY (Per psreon)I
BODILY INJURY (Psr a6ident)$
$
$
A
UMBRELLA LIAB
EXCESS LIAB
x OCCUR
CLAIMS-l\'lADE tJz.557962270 0512912019 05t29t2020
EACH OCCURRENCE $ 2,000,000xAGGREGATEs 2,000,000
DED 1 0,000 s
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOfu PARTNER/EXECUTIVE
OFFICERYMEMBER EXCLUDED?
(Mrndltory in NH)
lf yes, describE undsr
DESCRIPTION OF OPERATIONS below
Y'N
N'A
PER
STATI ITF utn-
FR
E L E-ACH ACCIDENT s
FI DISFASF-FAFMPIOYFF s
F I DISFASF pot lcY I tMtT o
B
Professional Liability
Claims Made 4EH004312321 05t29t2019 05t29t2020 Per Claim
Deductible
$3,000,000
$200,000
DESCRIPTION OF OPERATIONS, LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schsdul€, may bs sttach€d if moE spac€ ir rcquiEd)
The certiticate holder is named as additional insured automatically when required by contract per 8P7996 (General Liability) and CA8810 (Auto Liability)
CERTIFICATE
O 1988-2015 ACORD CORPORATIOI{. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
wA 98032Kent
City of Kent
400 West Gowe
J,LdA-
AUTHORlzED REPRESENTATIVE
ACORD 25 (2016/03)
BUSINESSOWNERS
BP 79 95 09 16
THIS ENDORSEMENT CHANGES THE POLIGY. 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
A.
SUBJEGT
Supplementary Payments
Bail Bonds
Loss Of Earnings
Broadened Coverage For Damage To Premises Rented To You
lncidental Medical Malpractice lnjury
Mobile Equipment
Blanket Additional lnsured (Owners, Contractors Or Lessors)
Newly Formed Or Acquired Organizations
Aggregate Limits
Duties ln The Event Of Occurrence, Offense, Claim Or Suit
Liability And Medical Expenses Definitions
Bodily lnjury
lnsured Contract
Personal And Advertising lnjury
Section ll - Liability is amended as follows:
A. Supplementary Payments
Section A.,l. Business Liability is modified asfollows:
1. The $250 limit shown in Paragraph A.1.f.(1xb) Goverage 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.(1Xd) Coverage Extension - Supplementary Payments for
reasonable expenses and loss of earnings is replaced by a $500 limit.
B. Broadened Goverage For Damage To Prcmises Rented To You
1. The last paragraph of Section B.l. Exclusions - Applicable To Business Liability Coverage is replaced
by the following:
\A/ith 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., 1., m., n. and o. do not apply to "property damage".
B.
c.
D.
E.
F
tr.
H.
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2. Paragraph D.2. Liability And Medical Expenses Limits Of lnsurance is replaced by the following:
The most we will pay under this endorsement for the sum of all damages because of all "property
damage" to premises while rented to you or temporarily occupied by you with the permission of the
owner is the Limit of lnsurance shown in the Declarations.
3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance does not apply.
C. lncidental Medical Malpractice lnjury
1. Paragraph (4) under Paragraph B.1.j. Exclusions - Applicable To Business Liability Goverage - Profes-
sional Services does not apply to "lncidental Medical Malpractice lnjury" coverage.
2. With respect to this endorsement, the following is added to Section F. Liability And Medical Expenses
Definitions:
a. "lncidental Medical Malpractice lnjury" means bodily injury arising out of the rendering of or
failure to render, during the policy period, the following services:
(1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or
beverages in connection therewith; or
(21 The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances.
b. This coverage does not apply to:
(1) Expenses incurred by the insured for first-aid to others at the time of an accident and the
Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly.
l2l Any insured engaged in the business or occupation of providing any of the services described
under a. above.
(3) lnjury caused by any indemnitee if such indemnitee is engaged in the business or occupation
of providing any of the services described under a. above.
D. Mobile Equipment
Section G. Who ls An lnsurcd is amended to include any person driving "mobile equipment" with your
permission.
E. Blanket Additional lnsured (Ownerc, Gontractorc Or Lessorc)
1. Section G. Who ls An lnsurcd is amended to include as an insured any person or organization whom
you are required to name as an additional insured on this policy under a written contract or written
agreement. The written contract or agreement must be:
a. Currently in effect or becoming effective during the term of this policy; and
b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury".
2. The insurance afforded to the additional insured is limited as follows:
a. The person or organization is only an additional insured with respect to liability arising out of:
(l) Real property, as described in a written contract or written agreement, you own, rent, lease,
maintain or occupy; and
l2l Caused in whole or in part by your ongoing operations performed for that insured.
b. The Limit of lnsurance applicable to the additional insured are those specified in the wriften
contract or written agreement or the limits available under this policy, as stated in the Declara-
tions, whichever are less. These limits are inclusive of and not in addition to the Limit of lnsurance
available under this policy.
c. The insurance afforded to the additional insured does not apply to:
(1) Liability arising out of the sole negligence of the additional insured;
l2l "Bodily injury", "property damage", "personal and advertising injury", or defense coverage
under the Supplementary Payments section of the policy arising out of an architect's, en-
gineer's or surveyor's rendering of or failure to render any professional services including:
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(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 orengineering 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 G. Who ls An lnsured:
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 lnsured 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.1. 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 lnsured.
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 lnsured in the Declarations.
G. Aggrcgate Limits
The following is added to Paragraph D.4. Aggregate Limits Liabili$ and Medical Expenses Limits Of
lnsurance:
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, watenray or right-
of-way of a railroad.
H. Duties ln The Event Of Occurrcnce, 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 ls 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 G.1. Who ls An lnsured or any "employee"
authorized by you to give or receive notice of an "occurrence" or claim.
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t.Section F. Liability And Medical Expenses Definitions is modified as follows:
1. Paragraph F.3. is replaced by the following:
3. "Bodily lnjury" means bodi[ injury, sickness, disease, or incidental medical malpractice injury
sustained by a person, and includes mental anguish resulting from any of these; and including
death resulting from any of these at any time.
2. Paragraph F.9. is replaced by the following:
9. "lnsured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of prem-
ises that indemnifies any person or organization for damage by fire to premises while rented
to you or temporarily occupied by you with permission of the owner is not an "insured
contract";
b. A sidetrack agreement;
c. Any easement or license agreement, except in connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an indem-
nification of a municipality in connection with work performed for a municipality) under which
you assume the tort liability of another party to pay for "bodily injury" or "property damage"
to a third person or organization, provided the "bodily injury" or "property damage" is
caused, in whole or in part, by you or by those acting on your behalf. However, such part of a
contract or agreement shall only be considered an "insured contract" to the extent your
assumption of the tort liability is permitted by law. Tort liability means a liability that would be
imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(f ) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con-
struction or demolition operations, within 50 feet of any railroad property and affecting
any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing;
(21 That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin-
ions, reports, surveys, field orders, change orders or drawings and specifications; or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of
the injury or damage; or
(3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an
injury or damage arising out of the insured's rendering or failure to render professional
services, including those listed in (2) above and supervisory, inspection, architectural or
engineering activities.
3. Paragraph F.14.b. Perconal And Advertising Injury is replaced by the following:
b. Malicious prosecution or abuse of process;
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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.
lf 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.
COVERAGE INDEX
SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
AMENDED FELLOW EMPLOYEE EXCLUSION
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
BODILY INJURY REDEFINED
EMPLOYEES AS INSUREDS (lncluding Employee Hired Auto)
EXTRA EXPENSE - BROADENED COVERAGE
GLASS REPAIR - WAIVER OF DEDUCTIBLE
HIRED AUTO COVERAGE TERRITORY
HIRED AUTO PHYSICAL DAMAGE (lncluding Employee Hired Auto)
LOAN / LEASE GAP (Coverage Not Available ln New York)
NEWLY FORMED OR ACQUIRED SUBSIDIARIES
PARKED AUTO COLLTSTON COVERAGE (WATVER OF DEDUCTTBLE)
PERSONAL EFFECTS COVERAGE
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM
PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT
RENTAL REIMBURSEMENT
SUPPLEMENTARY PAYMENTS
TOWNG AND LABOR
TRAILERS. INCREASED LOAD CAPACITY
TWO OR MORE DEDUCTIBLES
UNINTENTIONAL FAILURE TO DISCLOSE HMARDS
WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US
SECTION I - COVERED AUTOS is amended as follows:
1. TRAILERS - INCREASED LOAD CAPACITY
The following replaces Paragraph G.l. Gertain Trailers, Mobile Equipment And Temporary Substitute
Autos of SEGTION I - COVERED AUTOS:
"Trailers" with a load capacig of 3,000 pounds or less designed primarily for travel on public roads.
13
4
21
6
15
25
3
11
17
23
7
16
2
18
12
9
14
24
10
5
I
1
19
20
22
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SECTION ll - LIABILITY COVERAGE is amended as follows:
2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION ll - LIABILITY COVERAGE, Paragraph A.l. - Who ls An lnsured is amended to include the
following as an "insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the
policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.
However, "insured" does not include any organization that:
(1) ls a partnership or joint venture; or
l2l ls an "insured" under any other automobile policy except a policy written specificall y to apply
in excess of this policy; or
(3) Has exhausted its Limit of lnsurance or had its policy terminated under any other automobile
policy.
Coverage under this provision d. does not apply to "bodily injury" or "propefi damage" that
occurred before you acquired or formed the organization.
3. EMPLOYEES AS INSUREDS
SECTION ll - LIABILITY COVERAGE, Paragraph A.1. Who ls An Insured is amended to include the
following as an "insured":
e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for
acts within the scope of their employment by you. lnsurance provided by this endorsement is
excess over any other insurance available to any "employee".
f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or
agreement in that "employee's" name, with your permission, while performing duties related to
the conduct of your business and within the scope of their employment. lnsurance provided by this
endorsement is excess over any other insurance available to the "employee".
4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION ll - LIABILITY COVERAGE, Paragraph A.1. Who ls An Insured is amended to include the
following as an "insured":
S. Any person or organization with respect to the operation, maintenance or use of a covered "auto",
provided that you and such person or organization have agreed in a written contract, written
agreement, or permit issued to you by governmental or public authority, to add such person, or
organization, or governmental or public authority to this policy as an "insured".
However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto";
(21 Only for "bodily injury" or "property damage" caused by an "accident" which takes place after
you executed the written contract or written agreement, or the permit has been issued to you;
and
(3) Only for the duration of that contract, agreement or permit.
The "insured" is required to submit a claim to any other insurer to which coverage could apply for
defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory
wording per enhancement number 24, this policy is excess over any other collectible insurance.
5. SUPPLEMENTARY PAYMENTS
SECTION ll - LIABILITY COVERAGE, Goverage Extensions, 2.a. Supplementary Payments, Paragraphs
(2) and (4) are replaced by the following:
l2l Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because
of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings
up to $500 a day because of time off from work.
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6. AMENDED FELLOWEMPLOYEEEXCLUSION
ln 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 ll - 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 lll - PHYSICAL DAMAGE COVERAGE is amended as follows:
7. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Goverage Extensions of SECTION lll - PHYSICAL DAMAGE COVERAGE, is amended by
adding the following:
lf 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:
(r) $50,000; or
l2l 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:
(l) Any "auto" that is hired, rented or borrowed with a driver; or
(21 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 lll - 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 (GWV) of 10,001 - 20,000 pounds.
However, the labor must be performed at the place of disablement.
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9. PHYSICALDAMAGE .ADDITIONAL TRANSPORTATION EXPENSECOVERAGE
Paragraph A.4.a. Goverage Extensions, Transportation Expenses of SECTION lll - PHYSICAL DAMAGE
COVERAGE,isamended toprovide alimit of $50perdayandamaximum limit of $1,500.
10. RENTAL REIMBURSEMENT
SECTION lll - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of
an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under
Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex-
penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto."
b. Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases
may be substantially less than $75 per day, and will only be allowed for the period of time it should
take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of
30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and
replace your tools and equipment from the covered "auto". This limit is excess over any other
collectible insurance.
d. This coverage does not apply unless you have a business necessity that other "autos" available for
your use and operation cannot fill.
e. lf "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay
under this coverage only that amount of your rental reimbursement expenses which is not already
provided under Paragraph 4. Goverage Extension.
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other collectible insurance.
lf this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by
this Enhancement Endorsement is in addition to the coverage you purchased.
For the purposes of this endorsement provision, materials and equipment do not include "personal
effects" as defined in provision 12.8.
I1. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION lll - PHYSICAL DAMAGE COVERAGE, A. Goverage, we will pay for the expense of
returning astolen covered "auto" to you. The maximum amount we will pay is$1,000.
12. PERSONAL EFFECTSCOVERAGE
A. SECTION lll - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
lf you have purchased Comprehensive Coverage on this policy for an "auto" you own and that
"auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects"
stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.
B. SECTION V - DEFINITIONS is amended by adding the following:
For the purposes of this provision, "personal effects" mean tangible property that is worn or carried
by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi-
ties.
13. ACCIDENTAL AIRBAG DEPLOYMENT
SEGTION lll - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following:
lf you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss"
relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by
manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or
warranty.
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:
14. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM
SECTION lll - 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 |ll - 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
l2l 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".
lf 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$100deductible.
16. LOAN , LEASEGAP GOVERAGE (Not Applicable ln New York)
A. Paragraph C. Limit Of Insurance of SEGTION lll - 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 lnsurance, Health, Accident or Disability lnsur-
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";
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";
i. 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".
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C. SECTION V - DEFINITIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual
cash value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the
term of the loan, thereby requiring a large final payment.
17. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION lll - PHYSICAL DAMAGE COVERAGE is amended by the addition
of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
18. PARKEDAUTO COLL|S|ON COVERAGE (WAIVER OF DEDUCTTBLE)
Paragraph D. Deductible of SEGTION lll - PHYSICAL DAMAGE COVERAGE is amended by the addition
of the following:
The deductible does not apply to "loss" caused by collision to such covered "auto" of the private
passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the
manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. ln the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
The "loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered "auto" must exceed the deductible shown in the
Declarations.
This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or
organization engaged in the automobile business.
19. TWO OR MORE DEDUCTIBLES
Under SEGTION lll - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage
forms apply to the same "accident", the following applies to Paragraph D. Deductible:
a. lf the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived;
or
b. lf the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be
reduced by the amount of the smaller (or smallest) deductible; or
c. lf the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or
smallest) deductible will be waived.
For the purpose of this endorsement, company means any company that is part of the Liberty Mutual
Group.
SECTION lV - BUSINESS AUTO CONDITIONS is amended as follows:
20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION lV- BUSINESS AUTO CONDITIONS, Paragraph 8.2. is amended by adding the following:
lf you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep-
tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will
not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery,
and we have the right to collect additional premium for any such hazard or exposure.
@ 2017Liberty Mutual lnsurance
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E
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21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS
SECTION lV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow-
ing:
a. ln the event of "accident", claim, "suit" or "loss", you must promptly notiff us when it is known to:
(1) You, if you are an individual;
l2l 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 lnsured 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
SEGTION lV - BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Rights Of Recovery Against
Others To Us, is amended by the addition of the following:
lf the person or organization has in a written agreement waived those rights before an "accident" or
"loss", our rights are waived also.
23. HIRED AUTO COVERAGE TERRITORY
SECTION lV - BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Goverage 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
"insured's" 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 ot coverage does not apply to an "auto" hrred, leased, rented or borrowed with a
driver.
24. PRIMARY AND NON.CONTRIBUTING IF REQUIRED BY WRITTEN GONTRACT OR WRITTEN AGREE-
MENT
The following is added to SEGTION lV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other
lnsurance 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 lnsured 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 SEGTION V - DEFINITIONS, Definition G. 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.
o 2OlTLiberty Mutual lnsurance
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Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine
rights, duties and what is and is not covered.
Throughout this policy the words "you" and
"your" refer to the Named lnsured shown in the
Declarations. The words "we", "us" and "out''
refer to the Company providing this insurance.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Definitions.
SECTION I . COVERED AUTOS
ITEM TWO of the Declarations shows the "autos"
that are covered "autos" for each of your cov-
erages. The following numerical symbols de-
scribe the "autos" that may be covered "autos".
The symbols entered next to a coverage on the
Declarations designate the only "autos" that are
covered "autos".
A. Description Of Covered Auto Designation
Symbols
BUSINESS AUTO COVERAGE FORM
cA 00 01 03 06
Svmbol Descriotion Of Covered Auto Desionation Svmbols
,|Anv "Auto"
2 Owned
"Autos"
Onlv
Only those "autos" you own (and for Liability Coverage any "trailers"
you don't own while attached to power units you own.) This includes
those "autos" vou acouire ownershio of after the oolicv beoins
3 Only the private passenger "autos" you own. This includes those private
passenger "autos" you acquire ownership of after the policy begins.
Owned
Private
Passenger
"Autos" Onlv
4 Owned Only those "autos" you own that are not of the private passenger type
"Autos" Other (and for Liability Coverage any "trailers" you don't own while attached
Than Private to power units you own). This includes those "autos" not of the
Passenger private passenger type you acquire ownership of after the policy begins
"Autos" Onlv
5 Only those "autos" you own that are required to have No-Fault benefits
in the state where they are licensed or principally garaged. This
includes those "autos" you acquire ownership of after the policy begins
provided they are required to have No-Fault benefits in the state where they
are licensed or orincioallv oaraoed.
Owned
"Autos"
Subject
To No-Fault
6 Only those "autos" you own that because of the law in the state where
they are licensed or principally garaged are required to have and
cannot reject Uninsured Motorists Coverage. This includes those
"autos" you acquire ownership of after the policy begins provided
they are subject to the same state uninsured motorists requirement.
Owned
"Autos"
Subject
ToA
Compulsory
Uninsured
Motorists Law
7 Only those "autos" described in ltem Three of Declarations for which
a premium charge is shown (and for Liability Coverage any "trailers"
vou don't own while attached to anv oower unit described in ltem Three)
Specifically
Described
"Autos"
I Only those "autos" you lease, hire, rent or borrow. This does not include
any "auto" you lease, hire, rent, or borrow from any of your "employees",
partners (if you are a partnership), members (if you are a limited liability
comoanv) or members of their households-
Hired "Autos"
Only
cA 00 01 03 06 @lSO Properties, lnc., 2005 Page 1 of 13