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HomeMy WebLinkAboutCAG2020-345 - Original - J.A. Brennan Associates PLLC - Kherson Park Renovation Final Design & Construction Administration - 10/29/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No rev. 200901 FOR CITY OF KENT OFFICIAL USE ONLY October 28, 2020 10/29/2020. OK to sign, TW. 1 , a 0� � KEN T W n .. -.1 CONSULTANT SERVICES AGREEMENT between the City of Kent and J.A. Brennan Associates PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and J.A. Brennan Associates PLLC organized under the laws of the State of Washington, located and doing business at 2701 First Avenue, Suite 510, Seattle, WA 98121 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in attached Exhibit A, incorporated herein, consultant shall provide final design development, construction documents, permitting and bidding assistance, and construction administration of Kherson Park Renovation project. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by 12/31/2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $197,707.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. 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: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MA]EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. 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. The 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. VIII. INDEMNIFICATION. The 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 the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the 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 IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the 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 the 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. IX. 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. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The 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 the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) 10/29/2020 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: �A44� For: ., 1 '4/i•'S�'hY�, N f*r'� �L�� Title: P%' f-e—) Date: l0/ Z-7 11a -zA EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with 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 opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and 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 into on th Kent. that was entered (date), between the firm I represent and the City of I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before -mentioned Agreement. By: _ For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A August 25, 2020 Scope of Work: KHERSON PARK REDEVELOPMENT — PHASE 2 CONTRACT DOCUMENTS AND BIDDING /0-1 Landscape Architects & Planners 2701 First Avenue Suite 510 1 Seattle, XVA 98121 206.583.0620 1 jabrennan.com Prepared For: City of Kent - PARKS, RECREATION & COMMUNITY SERVICES Terry Jungman Parks Planning and Development Manager 220 4th Avenue South Kent, WA 98032 Fax: 253-856-6050 Phone: 253-856-5110 Project Background: Kherson Park Redevelopment — Design Phase Scope of Work The City of Kent is initiating the full design phase for the redevelopment of Kherson Park located at 307 W Gowe Street. This project is pursued as a partnership between the Parks, Recreation, and Community Services (PRCS) and Economic and Community Development (ECD) Departments to redevelop this underutilized park space so that it serves the need for green space, urban placemaking, and community gathering spaces in downtown Kent. In addition to addressing the needs for parks and open space, the project seeks to promote and celebrate the City's legacy of aero and outer space innovation by memorializing Kent's role in the development of the Lunar Roving Vehicle (LRV). Through a contract with Cre8play, the City has commissioned the building of an LRV replica, which will be paired with a life-sized astronaut structure to be installed in the newly redeveloped park. The City recently unveiled this replica at a STEM festival which included over 1,000 attendees and partnerships with education and STEM related organizations across the region. Having recently completed the concept design in November 2019, this phase of work seeks to build on this vision by taking the project through full design, including but not limited to construction documents, permitting, bidding, and construction administration. The general intent is to have construction documents and permitting by Spring 2021 and bidding / construction phase by Summer 2021. The scope includes a list of design considerations, deadlines and constraints as itemized below: - Major deliverables included in this design phase: o Design Development o Construction Documents (60/ 90/100) o Permitting o Bidding o Construction Administration Major milestones (completion date) o CDs/bidding/permitting April 2021 o Construction phase July 2021 Public Engagement Strategy o Public engagement phase was completed in earnest during the concept design phase. This phase will include at least one additional check -in with the stakeholder group to present the final design. o Consultant should be expected to produce 2-3 updated renderings that are presentable to leadership and the community. This task may include other presentation materials and graphics as needed. Known design elements: o Astronaut, LRV replica, and polycarbonate wall back -drop o Campus of children's play that incorporates iconic Lunar Lander play structure, mission control, interactive panels with education opportunities ■ Custom playground design and fabrication through NW Playground and Cre8play for both mission control and lunar lander will be led by the City. o JA Brennan will collaborate with city staff and play vendor to coordinate a preferred aesthetic and look to the Lunar Lander module and Mission Control play elements. Final design drawings and fabrication will be by the play vendor. JA Brennan will design play surface areas and site plan the play elements into the design. o Interpretive design for Kent history panels and interactive panels are not part of this scope of work. Design services for the history panels and interactive panels will be developed at a later date once the funding source is better defined. The interpretive design services is prepared as an optional service so the City may add the scope into the contract if desired. It is not included in this contract. o Park lighting strategy o Screen and projection equipment to support visual arts, movies in the park, and other programming opportunities o Landscaping and placemaking that supports good urban park design Detailed cost estimation will be provided at each design milestone (30/60/90) so that overall project budget can be tracked against the ongoing fundraising campaign Refer to Exhibit A fee spread sheet for more information. DESIGN TEAM DISCIPLINE AND PRIMARY ROLES AND RESPONSIBILITIES Prime: (JA Brennan Associates) Landscape Architecture Owner communication and coordination Prime — team management and coordination Develop overall Site plan Lead Site design l . Grading 2.Coordinate/ collaborate drainage with Civil. 3.Hardscape (paving, seat walls and screen wall) 4.Planting 5.Irrigation 6.Play area collaboration and coordination with play vendor 7.Projection system collaboration and coordination with vendor 8.Lighting layout design coordinated with electrical Sub -Consultant: (LPD Engineers) Civil engineer will prepare: Drainage and stormwater design Site demolition plan lead coordinated with JA Brennan. Drainage specifications Coordinate Grading and drainage with LA Prime. Grading will be led by LA Prime. Drainage plan Paving in ROW Stormwater Pollution Prevention Plan (SWPPP) (written document) Prepare an Erosion and Sedimentation Control (TESL) plan, as noted in the fee matrix. (Pacific Geomatic Services) Survey: Site survey of existing conditions Property boundary and site easements CAD survey of existing conditions RO/ property boundary and easements. (Chudgar Engineering) Structural Engineer will prepare: Structural drawings for footings, connections and input to material selection for screen wall, footings for light standards, input and review to concrete seatwalls. Specifications for structural elements Concrete, and steel provisions. Structural Calculations (Cross Engineers) Electrical engineer will prepare: Site Lighting and site power service and supply Lighting design may include light poles, in -ground up light fixtures, catenary light supply, strip lighting. The electrical consultant will prepare drawings and specifications lighting design updated supply service, and accommodation for video projection system. Support with building permit. (Geo-engineers) Geotechnical: Soils Analysis for structural footings and guidance to drainage design. Task A — Administration/ Coordination Administration tasks include meeting coordination, scheduling, contract administration, and sub consultant administration costs and expenses. Task B — Site Inventory & Analysis, This task will include limited environmental/ permit documentation, code review, and site inventory as described below and in the fee spreadsheet Site Analysis Work will include visiting the site to assess existing site conditions and meeting with Client. Existing site data and City Codes will be reviewed for landscape requirements and an existing condition developed by survey consultant will be used as design base through out each milestone. GIS data layers will be provided by the city in a dwg AutoCAD format for surrounding context. Geotechnical investigation by Geoeng-ineers Geotech will provide soil substrate analysis and recommendations for soil improvements to support structural design elements as well as grain analysis for stormwater improvements as guided by the City of Kent stormwater code Survey by PGS Full detailed site survey to pick up for Kherson Park: 1. Park Property/ ROW line - Include boundary survey 2. Access easement 3. Paved surfaces 4. Site furniture 5. Sidewalk back of and face for curb 6. Curb and gutter M 7. Asphalt paving 10' into ROW -surrounding street edge on W Gowe Street and 2nd Ave S 8. Face of existing building 9. 10' into surrounding property West and North of site 10. Topo P contour 11. Spot elevations 12. Utilities civil- manhole covers, catch basin pipe inlet and outlet 13. Overhead utilities - power poles, light poles and overhead power line 14. Underground utility lines — Water, electrical, storm, sewer 15. Paved walkways 16. Sidewalk on W Gowe Street and 2nd Ave S 17. Trees 6" DBH and larger edge of canopy 18. Irrigation valves 19. Signage 20. fencing 21. emu landscape walls Deliverables Task B • As identified in the fee matrix Task C—Design Meetings and Coordination This task will include team coordination and meetings to progress the design. Team members will only be activated as required for specific meetings. JAB will coordinate via email and telephone communication with client. JAB will organize a kickoff meeting and initial site visit with the client. Design review meetings will be held at key points in the design process, including alternative design, draft concept design and final concept design. Design meetings will be accomplished with a virtual conference call format. Deliverables Task C • Kick off meeting — may be on site • Assume up to 3 design team meetings • As identified in the fee matrix Task D —Design Development 30% Design The design development submittal will apply technical expertise to create design solutions to schematic design problems. JAB will create a design development submittal that will be primarily Auto -cad -drafted, although some information may be hand -drawn. Illustrative drawings will be completed as a method to convey design feasibility and finished project character. A preliminary square -footage level cost estimate will be provided for the design development plan. Civil Design (LPD Engineers) The drainage design developed for the project will comply with the requirements in the City of Kent 2017 Surface Water Design Manual and the 2016 King County Surface Water Design Manual (KCSWDM) as adopted by the City of Kent. The City of Kent manual outlines adopted revisions and deletions to the KCSWDM that specifically apply to development within the jurisdiction. It is assumed that the proposed redevelopment will result in more than 2,000 square feet of new plus replaced impervious surface and more than 7,000 square feet of land disturbing activity; therefore, the project will be subject to Full Drainage Review requiring meeting all nine (9) core and (5) special drainage requirements. 1. Review site survey provided by the Owner/Landscape Architect. Coordinate any additional survey requirements as needed. 2. Conduct site research including preliminary determination of code and permitting requirements. 3. Review geotechnical investigation with civil recommendations, provided by Owner. Coordinate with Geotechnical Engineer, as necessary, regarding design of grading, drainage and TESC measures. 4. Coordinate with the City of Kent regarding specific design and permitting requirements. 5. Evaluate proposed site disturbance and new/replaced impervious area to confirm applicable stormwater mitigation requirements. 6. Coordinate w/ Owner and Landscape Architect as required. Attend one (1) coordination team meeting during DD phase. 7. Develop design of on -site civil systems including temporary erosion and sedimentation control, site demolition, grading, stormwater management, water service and paving. 8. Prepare DD civil drawings as outlined above. 9. Prepare DD-level cost estimate for civil design elements provided by others and provide feedback to Architect. 10. Review and coordinate civil design and documents with the design team documents. Electrical engineer will prepare: (Cross Engineers) The electrical consultant will prepare Design Development level drawings for lighting design including updated supply service, and accommodation for video projection system service to serving utility. Lighting design may include light poles, in -ground up light fixtures, catenary light supply, strip lighting. Structural Engineer will prepare: (Chudgar Engineering) Structural drawings for footings, connections and input to material selection for screen wall, footings for light standards, input and review to concrete seatwalls. Deliverables Task D 1. Design Development 30% design package 2. Cost Estimate 3. Updated illustrative plan and sections 4. Product memo 5. And as noted in the fee schedule Task E— Permit Support This task includes providing necessary permit documentation and a limited amount of coordination and correspondence to support the client applying for local, and state permits. The permit documentation includes a permit -ready set of plans. Permit drawings will be submitted at 60% and 90% Design. Prepare Permit Applications: Under this task we will prepare the following permit applications. Graphics are included in the permit submittal. Supportive documents that will be included are discussed separately, below. Permit submittals to be prepared include: • WDOE NPDES Construction Permit • City of Kent Draft and Final SEPA Checklist • City of Kent Grading and Drainage Permit • City of Kent Demolition Approval • City of Kent Building Permit Client and Agency Coordination Tasks: Client and agency coordination will consist of several phases: 7 • Submit all permit applications to agencies. • Attend a Pre -application meeting with the Planning and Development Services. • Attend the City permit intake meeting with the Client. • Monitor the permit review process with all agencies. • Respond to comments and requests from agencies for additional materials, design revisions as needed. • Meet with Client and design team to discuss any revisions requested during the review process. • Provide limited revisions in response to agency comments to the permit submittals. Deliverables Task E 1. Updated illustrative plan and sections to reflect final design. 2. Permit Package for 60% and 90% Design including SEPA. Task F — Construction Documents 60, 90, and 100% Plans, Specs and Estimate (PSE) Construction documents will be submitted twice for client review prior to issuing final construction documents. Submittals will be provided at 60%, 90% and 100% (bid -ready) design completion. The 60% design submittal will include plans, outline specification, and estimate of probable construction costs. 90% and 100% submittals will include plans, specifications and estimate of probable construction costs. Civil engineer will prepare (LPD Engineers) 1. Coordinate with Owner and Landscape Architect as required. Attend two (2) coordination meetings during CD phase. 2. Continue coordination with City of Kent on design and permitting requirements. 3. Update proposed site disturbance and new/replaced impervious area based on Landscape Architect's drawings to confirm applicable stormwater mitigation requirements. 4. Further develop design of on -site civil systems including temporary erosion and sedimentation control, site demolition, grading, stormwater management, and paving. Assumes submittals at 60% CD (permit), 90% CD (permit resubmittal), and 100% (Bid). 5. Prepare drainage report (TIR) per City of Kent standards, noting site disturbance area and new/replaced impervious surface area, OSM stormwater runoff mitigation, water quality treatment or detention if applicable, etc. 6. Prepare specifications with the 60% CD (outline specifications), 90% CD and 100% CD submittals. 7. Prepare civil estimate of probable construction cost at 60%, 90%, and 100%. 8. Review and coordinate civil design and documents with the design team documents. Coordination assumes that the entire PDF set of documents will be provided to LPD by Landscape Architect or Owner at each milestone. Respond to City of Kent permit review comments, with updates to the drawings and/or drainage report as required. Includes written responses to all permit review comments. Assumes a separate submittal of the drawings will not be required. Electrical engineer will prepare: (Cross Engineers) 1. The electrical consultant will prepare drawings and specifications lighting design updated supply service, and accommodation for video projection system service to serving utility. Support with building permit. Lighting design may include light poles, in -ground uplight fixtures, catenary light supply, strip lighting. Structural Engineer will prepare: (Chudgar Engineering) 1. Structural drawings for footings, connections and input to material selection for screen wall, footings for light standards, input and review to concrete seatwalls. 2. Specifications for structural elements Concrete, and steel provisions.- 3. Structural Calculations Project Manual Specifications (Team collaboration): Specifications will be provided in CSI format (CSI Master Format 2016 Edition), JAB specifications will be used as a starting point, but will include City of Kent Bid Proposal form, Division 0 if used, and Division 1 General Requirements, with itemization and unit costs for up to 4 bid items if desired. JAB will coordinate and review with the City Project Manager the City developed Division 0 and Division 1 Specification sections. Deliverables Task F • Plans, specs and cost estimates as identified in the fee matrix Task G — Bidding Support City of Kent during the public bid process, including answering contractor's questions during bidding, and issuing addenda if necessary. Deliverables Task G • As identified in the fee matrix Task H — Construction Support We assume the City will lead the construction management. J.A. Brennan will support construction management by reviewing and responding to submittals, requests for information (R.F.I.), providing back-up documentation for the County's issuance of modification proposals, attending a limited number of site review meetings, preparing a punch list prior to Substantial Completion, and reviewing completed construction to ensure "punch list" items have been corrected prior to Final Acceptance. Prepare electronic media record drawings incorporating contractor's "as-builts". Deliverables Task H • As noted in the fee matrix we CONTRACT DOCUMENT SCOPE ASSUMPTIONS: 1. Custom play elements will be designed and fabricated by playground vendor for Lunar Rover and the Lunar Modular Craft, including supporting structural design. 2. Survey of existing conditions of the site is included. A Boundary Survey is included 3. Graphics may be hand drawn during Design Development task. 4. Design fee is not to exceed $200,000.00. 5. This fee reflects an assumed maximum allowable construction cost of $1,000,000.00 Construction costs in excess of this amount may warrant additional fees. 6. Cost estimate will be limited to the hours specified. PRCS will review cost estimate assumptions. Phasing is not anticipated in this scope of work 7. Specifications will not be provided for Design Development (30% design). A list of specifications sections will be developed. There are no critical areas on the projects site, including steep slope, wetland, wetland buffer or shoreline. No critical area permits will be required. 9. No DNR coordination or permitting is anticipated. 10. No tribal coordination is anticipated 11. Permit support includes the submittal of either 90 or 100% drawings for permits, and up to 1 plan revision. 12. J.A. Brennan does not provide contaminated soils remediation services. No contaminated soils are anticipated on site. 13. No structural calculations will be provided for proposed seating walls. 14. Drainage design will follow guidance in the 2016 King County Drainage Manual and Washington Department of Ecology's Stormwater Management Manual for Western Washington (2005), and relevant policies of the City of Kent as appropriate. Stormwater management may make use of Low Impact Design facilities. 15. Electrical system design is included, for light poles, catenary lighting, inground lighting, updated electrical supply service, power outlets at key locations and service for projection system connections. 10 16. Sheet size for contract documents will be based on City of Kent standard title block which is a: 22" x 34". City will provide the latest title block with City Logo in AutoCAD format 2012. 17. Construction administration is limited to the number of site visits identified in this scope of work and to the hours allocated in the attached fee matrix. 18. Grant support will not be part of this scope of work. 19. The City of Kent will provide, one consolidated and coordinated review comment package for each milestone submittal. This includes DD (30%), 60% and 90%. Each City review period will take no longer than three weeks. 20. J.A. Brennan Associates will not be responsible for working with adjacent landowners except through a specified meeting process. 21. The City will provide public meeting notices, and meeting organization. 22. The contract design work will be complete by March 1, 2021. 23. City will be responsible for distribution of all documents. 24. It is assumed that there will be improvements in the ROW, that will include demolition, sidewalk finishes, including concrete flatwork, and curb, street tree improvements, utility connections. A Right of Way permit will be necessary. 25. One Public meeting presentation and preparation of materials is anticipated to update the public on design progress. Illustrative boards combined with a PowerPoint presentation will be prepared. 26. RCO is not providing funding for the development of Kherson Park. 27. Consideration to how the interpretive opportunities can be integrated will be limited to the design development task and this will be limited to only site planning the location and how interpretive panels might integrate into site design elements. 28. Detail design and theming of the interpretive design is not included in this contract. It is identified as an optional service below for the client's reference, if funding becomes available. 11 Task 01— Optional Services - Donor Recoenition (Not in Contract) Task Ol —Donor Recognition This task will include limited support with Parks and Economic Community Development (ECD)to assist with the preparation of a donor recognition plan. Deliverable will include a detailed donor recognition plan for the park that provides ECD with a set of parameters for their capital campaign. This plan will need to be delivered by mid - November to keep their fundraising effort on -schedule. Deliverables Task Ol 1. Donor recognition memo Milestone: o Donor recognition plan November 2020 (As needed) Task 02 — Optional Services - Interpretive Design (Not in Contract Consultant lead: (EDX) Interpretive design lead and screen wall collaboration prepare: Interpretive design story to the Kent History and affiliation with Lunar Rover and space Coordinate and collaborate Interactive education panels Collaboration and input to screen wall design and materials. Task E —Design Development 30% Design The Conceptual Site Plan of the park site, developed 11/6/2019, will be the basis for the schematic design development. The draft and final schematic plan will be based on the project objectives, assumptions and expectations as determined through discussion with the City of Kent. The park design program will be as developed in the concept plan documents with a limited level of refinement, and as described in the project description above. A preliminary square -footage level cost estimate will be provided for the final schematic plan. Refinements in schematic design may include Lunar Lander module play area scale and scope, mission control panel scale and scope coordinated with play vendor, electrical design input and stormwater design approach. 12 Schematic design will also support city staff with developing a strategy to define and guide donor recognition opportunities. A memo coordinated with City staff and a staff meeting will be attended to summarize the donor recognition plan. Interpretive Design Scope (EDX): Schematic design phase will develop interpretive design opportunities for the Kent History room and interactive panels with EDX interpretive consultant leading this effort. EDX will facilitate the 6-hour interpretation kick-off meeting and design charette. The purpose of the charette will be to gain multiple perspectives on the goals and aspirations for the project, on the stories to be told, and the resources available to tell them. We will also solicit creative ideas on exhibit approach and involve participants in hands-on activities to develop concepts for the overall visitor experience of interpretive elements within Kherson park. This meeting serves two important functions This meeting serves two important functions. The first is to provide designers with the background information to begin schematic design. The second is to develop strong rapport among the project team members and to facilitate trust and strong communication throughout the remainder of the project. Building on the resources and ideas gleaned in the previous steps, and working in collaboration with J.A. Brennan Associates, EDX will prepare two alternative Concept Designs for interpretive elements at Kherson park. These will build upon the evolving landscape designs and will each consider different approaches for the overall visitor experience. Alternatives will consider different content organization strategies, flow, media, and graphic `look and feel'. A cost estimate for each approach will be provided. The Concept Designs will be presented in a workshop aimed at choosing a preferred alternative for moving forward into the Schematic Design phase. Based on input on the Concept Design package, EDX, in collaboration with J.A. Brennan Associates, will build on the preferred alternative and create schematic designs that include initial plans, elevations, and perspective views that illustrate the key interpretive and interactive components of the exhibits, the relationships between them, and how they will be integrated into the overall Kherson Park design. Initial graphic samples, including font selection and color palettes, will be developed. An updated fabrication cost estimate will be included. Interpretive Design Scope (EDX): Based on review of the Schematic Design Package, EDX will further refine designs for the interpretive elements including the exhibit structures, interactive elements, and graphic designs for panels including first draft text for all elements and proposed FPO (for placement only) photos and images. An initial fabrication drawing set will include plans, elevations, and sections aimed at communicating design intent to the exhibit fabricator. An updated fabrication cost estimate will be included. Interpretive Deliverables Task D 13 2. Interpretive design a. Interpretive design charette b. 2 Alternative interpretive design concepts and cost estimate for interpretive options c. Preferred Draft and final Schematic interpretive design graphics and cost estimate Task F — Construction Documents 60, 90, and 100% Plans, Specs and Estimate (PSE) Interpretive Design Scope (EDX): In this phase, print -ready production files for all graphic elements are prepared. Final fabrication drawings and reference information are finalized to thoroughly and accurately communicate to the exhibit fabricator. Tasks of this phase include reviewing fabricator produced shop drawings, product samples, and printing proofs. It also includes one or two fabrication progress visits to the fabricator's shop. Interpretive Deliverables Task F • Interpretive artwork 14 ciaa.' .a .x°-.a! 8e moo- . a z18i 8- 88 ,8i� ea e,®ai e'=. `� gae e.�... to .a ea9 .. a;:� 91�: ���'9'� 9!4•S�9'I�°��hl: _`-. 3 4I69! a _ E� 2 a 8 $ s1e [Fe � t fit §§ %5` s°tr�; € i€ pSE;{ E tS f y� dE�Si �1i�Fy O�t3 FdxF_.e F's€3 P3; �Eri?:3W�, ( a9?1$¢iiJP3?eti?,EP?a!{.4id'BE3.�Ea°;,a88 aE�tp;dE }p E?F..B!S te6 'xA�sE,iia8 e8.8: & elii I iii�pi, E s a!l s, ; a;E A' ?ya li a. a g aA. a A $ A Z d $ aAj #E! 63s [}G 3 C Tl 6 Fd }j S 6y �4pa.�ifi p j a e �s` ; y6d6pH �� tl £ES�EB j91ts FI§E§F.p§pi ge- Sa8$3i Se� 36$[ @ T • r Leis] • Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general EXHIBIT B (Continued) aggregate and a $1,000,000 products -completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. JABRE1 Client#: 328420 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1 10/20/2020 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 USI Insurance Services LLC 601 Union Street, Suite 1000 CONTACT please See Below: NAME: PHONE 877 678-5842 FAX 610-362-8530 A/C, No, Et): A/C, No E-MAIL q ADDRESS: Seattle. PLCertRenest usi.com Seattle, WA 98101 206 441-6300 INSURER(S) AFFORDING COVERAGE NAIC # Travelers Indemnity Company INSURER A : Y p Y 25658 INSURED J. A. Brennan Associates, PLLC 2701 First Ave., Suite 510 Seattle, WA 98121 INSURER B : Travelers Casualty & Surety Co. of Amer 31194 INSURER C INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDDYYY /Y POLICY EXP MM/DD/YYYY LIMITS A XI COMMERCIAL GENERAL LIABILITY X X 6807H48018A2047 3/01/2020 03/01/2021 EACH OCCURRENCE $2,000,000 CLAIMS -MADE Jvl OCCUR PREMISES(Eaoccurence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 PRO- POLICY X JECT 0 LOC PRODUCTS - COMP/OPAGG $4,000,000 $ OTHER: A AUTOMOBILE LIABILITY X X BA6614P28820GRP 3/01/2020 03/01/2021 Eee cdeDiSINGLELIMIT $1,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED IXX AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N I A X 6807H48018A2047 (WA Stop Gap) 3/01/2020 03/01/2021 PTR X ORH- ATUTE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below B Professional X 105408190 3/01/2020 03/01/2021 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project Name: Kherson Park. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability policy contains a special endorsement with Primary and Noncontributory wording, when (See Attached Descriptions) Ian9•1121:4 City of Kent Attention: Terry Jungman 220 Fourth Avenue South Kent, WA 98032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 2 $C4n9-i 4 ZQR/M9R4 rn9f2f2 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TYR7P DESCRIPTIONS (Continued from Page 1) required by written contract. Per Project Aggregate and Separation of Insured Provision applies to the General Liability policy as per the attached endorsements. The General Liability and Automobile Liability policies include an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier. SAGITTA 25.3 (2016/03) 2 of 2 #S30211395/M28150288 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-7N4601SA-20-47 OFFICE PAC ISSUE DATE: 11/11/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-OS) - ADDITIONAL INSMRED - OWNERS, LESSEES OR CONTRACTORS - SCNEDDLED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONALINSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: t. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S) AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY:THIS INSURED DOES NOT APPLY TO CG TS 01 03 20 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-7H48018A-20-47 OFFICE PAC ISSUE DATE: 11/11/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY" OR "ADVERTISING INJURY" ARISING OUT OF AN OFFENSE COMMITTED, AFTER: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE, MAINTENANCE OR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONAL INSURED(S) AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR 2. THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR A PRINCIPAL AS A PART OF THE SAME PROJECT. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T8 01 03 20 Page 2 of 2 COMMERCIAL GENERAL LIABILITY POLICY: 6807H48018A2047 COMMERCIAL GENERAL LIABILITY COVERAGE FORM 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 polity the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I -COVERAGES COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory", (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. "Bodily injury" or "property, damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. CG Tt 00 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 21 Includes copyrighted material of Insurance services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 4. Other Insurance (it) That is insurance for "premises If valid and collectible other insurance is available to damage", the insured for a loss we cover under Coverages A (fit) If the loss arises out of the or B of this Coverage Part, our obligations are maintenance or use of aircraft, limited as described in Paragraphs a. and b. below. "autos" or watercraft to the extent As used anywhere in this Coverage Part, other not subject to any exclusion in this insurance means insurance, or the funding of Coverage Part that applies to losses, that is provided by, through or on behalf of: aircraft, "autos" or watercraft; (1) Another insurance company: (iv) That is insurance available to a premises owner, manager or (if) Us or any of our affiliated insurance companies, lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4. of Section II — Occurrence Limit provision of Paragraph S. of Who Is An Insured, except when Section III — Limits Of Insurance or the Non Paragraph d. below applies; or cumulation of Personal and Advertising Injury (v) That is insurance available to an Limit provision of Paragraph 4. of Section III — equipment lessor that qualifies as Limits of Insurance applies because the an insured under Paragraph S. of Amendment — Non Cumulation Of Each Section II — Who Is An Insured, Se Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury except when Paragraph d. below Limit endorsement is included in this policy; applies. (b) Any of the other insurance, whether (lit) Any risk retention group; or primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance, additional insured, or is any other Other insurance does not include umbrella insured that does not qualify as a insurance, or excess insurance, that was bought named insured, under such other specifically to apply in excess of the Limits of insurance. Insurance shown in the Declarations of this (2) When this insurance is excess, we will Coverage Part. have no duty under Coverages A or B to defend the insured against any "suit" if any As used anywhere in this Coverage Part, other other insurer has a duty to defend the insurer means a provider of other insurance. As insured against that "suit". If no other used in Paragraph c. below, insurer means a insurer defends, we will undertake to do so, provider of insurance. but we will be entitled to the insured's rights a. Primary Insurance against all those other insurers. This insurance is primary except when (3) When this insurance is excess over other Paragraph b. below applies. If this insurance is insurance, we will pay only our share of the primary, our obligations are not affected unless amount of the loss, if any, that exceeds the any of the other insurance is also primary. sum of. Then, we will share with all that other insurance (a) The total amount that all such other by the method described in Paragraph c. below, insurance would pay for the loss in the except when Paragraph d. below applies. absence of this insurance; and (b) The total of all deductible and self - b. Excess Insurance insured amounts under all that other (1) This insurance is excess over: insurance. (a) Any of the other insurance, whether (4) We will share the remaining loss, if any, primary, excess, contingent or on any with any other insurance that is not other basis: described in this Excess Insurance provision and was not bought specifically to (i) That is Fire, Extended Coverage, apply in excess of the Limits of Insurance Builder's Risk, Installation Risk or shown in the Declarations of this Coverage similar coverage for "your work"; Part. CG T1 00 02 19 C 2017 The Travelers Indemnity Company. All rights reserved. Page 15 of 21 Includes copyrghte l material of Insurance Services Office , Inc. with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs: and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. It. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 6. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 a 2017 The Travelers Indemnity Company. All rights received. CG T1 00 02 19 Includes copyrighted material of Insurance services Office, Inc. with its permis Ion. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-7x48018A-20-47 ISSUE DATE:11/11/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS AND DESIGNATED PROJECT AND LOCATION AGGREGATE LIMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE — LIMITS OF INSURANCE AND DESIGNATED PROJECTS AND LOCATIONS LIMITS OF INSURANCE Total Aggregate Limit $ 4,000,000 (Other Than Projects and Products -Completed Operations) Designated Location Aggregate Limit $ 4,000,000 (Other Than Products -Completed Operations) Designated Project Aggregate Limit $ 4,000,000 (Other Than Products -Completed Operations) General Aggregate Limit $ 4,000,000 (Other Than Products -Completed Operations) Designated Projects: Each "project" for which you have agreed, in a written contract which is in effect during this policy period, to provide a separate General Aggregate Limit, provided that the contract is signed by you before the "bodily injury" or "property damage" occurs. Designated Locations: All locations listed in Item 3. of in any Master Pac Account Exposure policy. PROVISIONS the Common Policy Declarations or Endorsement included in this 1. The General Aggregate Limit (Other Than 1. The Limits of Insurance shown in the Products -Completed Operations) shown in the Declarations or the Schedule — Limits Of Declarations is replaced by the Limits of Insurance And Designated Projects And Insurance shown in the Schedule — Limits Of Locations, whichever apply, and the rules Insurance And Designated Projects And below fix the most we will pay regardless of Locations. the number of: 2. The following replaces Paragraph 1. of SECTION a. Insureds; III — LIMITS OF INSURANCE: b. Claims made or "suits" brought; CG D4 69 02 19 G 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY c. Persons or organizations making claims under Coverage B. Instead, the or bringing "suits"; or General Aggregate Limit described in d. "Projects" or "locations". Paragraph 2.d. below applies to such damages. 3. The following replaces Paragraph 2. of SECTION III — LIMITS OF INSURANCE: (5) Any payments made for damages or 2. a. The Total Aggregate Limit shown in the medical expenses to which the Designated Project Aggregate Limit Schedule — Limits Of Insurance And applies will reduce the Designated Designated Projects And Locations is the Project Aggregate Limit for the most we will pay for the sum of all applicable "project". Such payments amounts under the Designated Location will not reduce the Total Aggregate Aggregate Limit and all amounts under Limit, the General Aggregate Limit the General Aggregate Limit. This described in Paragraph 2.d. below, includes: the Designated Project Aggregate (1) Damages under Coverage A, except Limit for any other "project" or the damages because of "bodily injury" or Designated Location Aggregate Limit. "property damage" included in c. Subject to the Total Aggregate Limit the 'products -completed operations described in Paragraph 2.a. above, the hazard"; Designated Location Aggregate Limit (2) Damages under Coverage B; and shown in the Schedule — Limits Of (3) Medical expenses under Coverage C. Insurance And Designated Projects And Locations applies and is further subject to b. The Designated Project Aggregate Limit all of the following provisions: shown in the Schedule — Limits Of Insurance And Designated Projects And (1) The Designated Location Aggregate Locations applies and is further subject to Limit is the most we will pay for the all of the following provisions: sum of: (1) The Designated Project Aggregate (a) Damages under Coverage A Limit is the most we will pay for the because of "bodily injury" and sum of: "property damage" caused by "occurrences"; and (a) Damages under Coverage A because of "bodily injury" and (b) Medical expenses under "property damage" caused by Coverage C for "bodily injury" "occurrences"; and caused by accidents; (b) Medical expenses under that can be attributed only to Coverage C for "bodily injury" operations at a single "location". caused by accidents; (2) The Designated Location Aggregate that can be attributed only to Limit applies separately to each operations at a single "project". "location". (2) The Designated Project Aggregate (3) The Designated Location Aggregate Limit applies separately to each Limit does not apply to damages "project". because of "bodily injury" or "property (3) The Designated Project Aggregate damage" included in the "products - Limit does not apply to damages completed operations hazard". because of "bodily injury" or "property Instead, the Products -Completed damage" included in the "products- Operations Aggregate Limit completed operations hazard". described in Paragraph 3. below Instead, the Products -Completed applies to such damages. Operations Aggregate Limit (4) The Designated Location Aggregate described in Paragraph 3. below Limit does not apply to damages applies to such damages. under Coverage B. Instead, the (4) The Designated Project Aggregate General Aggregate Limit described in Limit does not apply to damages Page 2 of 3 © 2017 The Travelers Indemnity Company. All rights reserved. CG D4 69 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Paragraph 2.d. below applies to such damages. (5) Any payments made for damages or medical expenses to which the Designated Location Aggregate Limit applies will reduce: (a) The Total Aggregate Limit; and (b) The Designated Location Aggregate Limit for the applicable "location". Such payments will not reduce the General Aggregate Limit described in Paragraph 2.d. below, the Designated Project Aggregate Limit or the Designated Location Aggregate Limit for any other "location". d. Subject to the Total Aggregate Limit described in Paragraph 2.a. above, the General Aggregate Limit shown in the Schedule — Limits Of Insurance And Designated Projects And Locations applies and is further subject to all of the following provisions: (1) The General Aggregate Limit is the most we will pay for the sum of: (a) Damages under Coverage A because of "bodily injury" and "property damage" caused by "occurrences", and medical expenses under Coverage C for "bodily injury" caused by accidents, that cannot be attributed only to operations at a single "project' or a single "location"; and (b) Damages under Coverage B. (2) The General Aggregate Limit does not apply to damages for "bodily injury" or "property damage" included in the "products -completed oper- ations hazard". Instead, the Products -Completed Operations Aggregate Limit described in Paragraph 3. below applies to such damages. (3) Any payments made for damages or medical expenses to which the COMMERCIAL GENERAL LIABILITY General Aggregate Limit applies will reduce: (a) The Total Aggregate Limit; and (b) The General Aggregate Limit. Such payments will not reduce the Designated Project Aggregate Limit for any "project" or the Designated Location Aggregate Limit for any "location". 4. The following replaces Paragraph 3. of SECTION III — LIMITS OF INSURANCE: 3. The Products -Completed Operations Aggre- gate Limit shown in the Declarations is the most we will pay under Coverage A for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard". Any payments made for such damages will not reduce the Total Aggregate Limit, the General Aggregate Limit, the Designated Project Aggregate Limit for any "project' or the Designated Location Aggregate Limit for any "location". S. The following is added to the DEFINITIONS Section: "Location" means any designated location shown in the Schedule — Limits Of Insurance And Designated Projects and Locations that is owned by or rented to you. For the purposes of determining the applicable aggregate limit of insurance, each "location" that includes a premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of- way of a railroad, will be considered a single "location". "Project" means any designated project shown in the Schedule — Limits Of Insurance And Designated Projects And Locations that is away from premises owned by or rented to you and at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project' that includes a premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of- way of a railroad, will be considered a single "project". CG D4 69 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: 680-7H48018A-20-47 ISSUE DATE: 11/11/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i I i • • LOU L11414 • • '' • i This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: PERSON OR ORGANIZATION: Number of Days Notice of Nonrenewal: 30 ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NONRENEWAL OF T 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: THIS POLICY HIS POLICY; AND lem A. If we cancel this policy for any statutorily permit- ted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancel- lation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of can- cellation. B. If we decide to not renew this policy for any statu- torily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we will mail notice of the nonrenewal to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewal in the schedule above be- fore the expiration date. IL T4 00 12 09 @ 2009 The Travelers Indemnity Company Page 1 of 1 POLICY: BA6614P28820GRP COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS 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. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS E. TRAILERS— INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II —COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section Il. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT —INCREASED LIMIT 1. WAIVER OF DEDUCTIBLE —GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph It. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 02015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office. Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION If — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto', then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT —INCREASED LIMIT Paragraph C.1.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 © 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following:. (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO POLICY ENDORSEMENT - CA T8 04 03 20 POLICY NUMBER BA-6614P288-20-GRP ** THIS ENDORSEMENT CHARGES THE POLICY. PLEASE READ IT CAREFULLY. ** NOTICE OF CANCELLATION IT IS AGREED THAT: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: NUMBER OF DAYS NOTICE OF CANCELLATION: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU RAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED SHOWN IN THE DECLARATIONS RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. IF WE CANCEL THIS POLICY FOR ANY STATUTORILY PERMITTED REASON OTHER THAN NONPAYMENT OF PREMIUM WE WILL MAIL NOTICE OF CANCELLATION TO THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE ABOVE. WE WILL MAIL SUCH NOTICE TO THE ADDRESS SHOWN IN THE SCHEDULE ABOVE AT LEAST THE NUMBER OF DAYS SHOWN FOR CANCELLATION IN THE SCHEDULE ABOVE BEFORE THE EFFECTIVE DATE OF CANCELLATION. B. IF WE DECIDE TO NOT RENEW THIS POLICY FOR ANY STATUTORILY PERMITTED REASON, AND A NUMBER OF DAYS IS SHOWN FOR NONRENEWAL IN THE SCHEDULE ABOVE, WE WILL MAIL NOTICE OF THE NONRENEWAL TO THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE ABOVE. WE WILL MAIL SUCH NOTICE TO THE ADDRESS SHOWN IN THE SCHEDULE ABOVE AT LEAST THE NUMBER OF DAYS SHOWN FOR NONRENEWAL IN THE SCHEDULE ABOVE BEFORE THE EXPIRATION DATE. EFFECTIVE DATE 03-01-20 EXPIRATION DATE 03-01-21 PAGE 0001 DATE OF ISSUE 11-14-19