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HomeMy WebLinkAboutPW17-263 - Amendment - #2 - Harris & Associates, Inc. - LID 363: S 224th St Improvements - Provide Inspection Services - 12/22/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o 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? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o 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 AMENDMENT - 1 OF 2 AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Harris & Associates, Inc. CONTRACT NAME & PROJECT NUMBER: LID 363: S. 224th St. Improvements ORIGINAL AGREEMENT DATE: August 22, 2017 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1. Section I of the Agreement, entitled “Description of Work,” is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: No change to the scope of work, however an amendment is needed to extend the time of completion to April 1 2021 to allow the consultant time to address some outstanding billing and payments related to their sub-consultant. 2. The contract amount and time for performance provisions of Section II “Time of Completion,” and Section III, “Compensation,” are modified as follows: Original Contract Sum, including applicable WSST $260,157.04 Net Change by Previous Amendments including applicable WSST $20,000 Current Contract Amount including all previous amendments $280,157.04 Current Amendment Sum $0 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $280,157.04 Original Time for Completion (insert date) t2t3u20 Revised Time for Completion under prior Amendments (insert date) nla Add'l Days Required Amendment (+) for this 91 calendar days Revised Time for Completion (insert date) 4nt2t The Consultant or Vendor accepts all requirements of this Amendment by signing below,by its signature waives any protest or claim it may have regarding this Ameridmjnt, andacknowledges and accepts that this Amendment constitutes full plyment and final setlement of all_ claims of any kind or nature arising from or connected witfr'any work either covered oraffected by this Amendment, including, without limitation, claims related to contract time,contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unlessotherwise provided, does not relieve the Consultant or Vendor from strict compliance with theguarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any),and this Amendment, prior to the effective date of this Amendment, are hereby ratified andaffirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendmentshall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they areauthorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the pafties below have executed this Amendment, which willbecome effective on the last date written below. CONSULTANT/VENDOR: By . dlbfj@ryvhybei v ljay L,esa I *ffi{#:T:ffi""** (signature) Print Name: Vljay K. Desai, PE Sr. Di rector (tiue) DATE: l2l2l/2020 CITY OF KENT: By (signature) Print Name: Eric ConnorIts Construction Manager DATE:zr97r.- ATTEST: Kent City Clerk APPROVED AS TO FORM: (applicable if Mayorb signature required) Kent Law Department Harris & Associates - 224th Amd 2/Bryant AMENDMENT-2OF2 P52l¡0028002 ,I CERTIFICATE OF LIABIL¡TY INSURANCE CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND GONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS TE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 8ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE TSSUTNG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. COVERAGES CERTIF|CATE NUMBER: 534952903 A L50-0227 (202t',t clty of Kent YoFbI I{orkã DgPartmênt Fourth Aveaue gouth , vÍA 98032 ACORD 25 (2016/03) dlgarcfa 53¿952903 @ 1 988.2015 ACORD CORPORAT¡ON. All rightr reserued. The AGORD namê and logo are reglstered marks of AGORD ffi lJ4 \Ô ILo N .+ N z fJ.l usA DATÊ (üil/DD/YYYY} 08/0412020 IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, tho policy(los) must havo ADDITIONAL lf SUBROGATION lS WAIVED, subjoct to tho torms and condltlons of the pollcy, c€rlâin pollclos may roquire an endorsement. A statomont on holder in lieu of 925 609-6500 925 609-6550 VAT,T,EY FOROE I¡I¡g CO 20508 P.O. Box ¿01t7 concord, cA 9452(t USÀ or H(tB InternatLonal Xnsuranc€ Sêrvicêa Inc. to fhethi¡ certif¡eato does not confer PROOUCER tNsuRERB: CO!¡TINE¡¡Eà¡¡ fNS CO 35289 tNSunÊRc; TRÀVEIJER8 PROP CÀ8 CO OF AIIER 25674 TNSURERD: CONTINE¡ÛIå¡I CÀ8 CO 204¿3 INSURER E : INSURED HarrLs e ÀseoclaÈes fnc, Àttû! suBan Mândllag 1{01 wlllo}r Paãs Roa¿l, gulte 500 coDcord., cA 94520 USÀ IilAURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEËN ¡SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PÊRTAIN, 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. INgRt?Þ TYPE OF INSURANCE Þôt t¿YNltuFFP POLICY EFF POLICY EXPtMlttDtrYvYvl LIMITS EACH OCCURRENCE E 1,000,000 $ 1,000,000 MED EXP lAnv one mßonl $ 15,000 PERSONAL & ADV INJURY s 1,000,000 GÊNERAL AGGREGATE g ?,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 COMMERCIAL GENERAL LIABIL¡IY x LIMIT PER: POLICY LOCPRO. JECT x x De<l: 0 OCCURCLAIMS-MADË 6072L76739 0st0L/20 08/ 0Lt21. $ $ 1,000,000 BODILY INJURY (P€r psr8on)$ BODILY INJURY (P€r accld8nt)$ $ AUTO¡IOBILE LIAEILITY ANYAUTO OWNED AUTOg ONLY HIRED AUTOS ONLY Ded: 0 AUTOS ONLY SCHÉDULED AUTOS NON.OWNED x x BUA 6076590520 08tolt20 08t0tt2L x EACH OCCURRÊNCE s 10¡000¡000 x UMBRELLALIAB EXCEôS LIAB OCCUR CLAIMS.MADE AGGRÉGAlE $ 10,000,000 B NFD x nprrxr¡out 10r 000 cuE 6076590s51 08t01t20 o8t0ttzL s x PER STATIlTF tutñ-IFÞ E,L, EACH ACCIDENT $ 1,000,000 E.L. DISEASÊ - E,A EMPLOYÊE $ 1¡000,000 c WORKERS CO¡IPENSATION AND EMPLOYÉRS' LIABILIIY Y/NE N I A IrB-8K458tt4S-20-13-O r 0810L120 0gtoLt2L E.L. DISEASE - POLICY LIMIT s 1,000,000 D PROEESSTONAIJ IJf ABTLÎÍY ClaimE-Made A8H591891588 0810L/20 0810t121"Pêr Clåin Aggr€gate Deil. Eaah Clal¡n 10,000,000 10,000,000 150,000 DESCRIPÌIOÍ{ OF OPERATIONS / LOCATIONS / VEHICLE8 (ACORD l0l, Addltlontl Råmertr Schodulo, m¡y bô ôttsch.d lf moru rpaao lr roqulndl r workera Cory)énsatlon DoLfcy exclualgs nonopoliselc stå.tes ¡rlD, OH, wÀ, vII. GêDeral Ltåbluty andl Auto f,lability Àdditional ltåurêal staLus granted, tf ¡equireal by wrl!'t€n conEracE/agree!¡ent, pêr atËached forms CNA75079X!( 1016 ånd CNA63359Xll 0r!12 (pg. 1, I.4.3). Clty of Nen! Lı adldlt,lonal ingureil undlêr GenêraL úlabtlity a¡al Àuto Ltabtlfty lf, required by a nriùtên contract. RE: 224th gtr€et lq)rov€ûr€ntı ProJect (Hå #1500227) ,,l¡lfrELLAl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCËLLED BEFORE THE EXPIRATION DATE THERËOF, NOIICE WLL BE DELIVERED IN ACCORDAI{CE WITH THE POLICY PROVISIONS. WAUf HORIZED REPRESENIATIVË P5260028002 !l fffA Blanket Additional lnsured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: ¡. WHO lS AN INSURED is amended to include as an lnsured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily lnlury, propefi damage or personal and advertising lnlury caused in whole or in part by your acls or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodlly lnjury or propefi damage included in the products-completed operations hazard, and only if: L the wrltlen contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. ¡¡. But if the written contract requires: A. additional insured coverage under the 1 1 -85 edition, 10-93 edition, or 1 0-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured covorage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph l. above is deleted in its entirety and replaced by the following: ìJlrHO lS AN INSURED is amended to include as an lnsured any person or organization whom you are required by wrltten conlräct to acld as an additional insured on this coveragê part, but only with respect to liability for bodlly lnlury, propefi damage or personal and advertising lnlury arising out of your work that is sub¡oct to such wrltten contract, lll. Subject always to the terms and conditions of this policy, including the limits of insurance, the lnsurer will not provide such additional insured with: A. coverage broader than required by the wrltten contrâct; or B. a higher limit of insurancê than required by the written contract. lV. The insurance granted by this endorsement to the additional insured does not apply to bodily lnlury, property damage, or personal and advertlsing lnlury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage pan. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Page 1 of 2 lnsured Name: Harris & Associates lnc. a t&o a.l * ct z Policy No: Etfective Date 6072176739 0810112020 Copyright CNA All Rights Reserved. lncludes copyrightod material of lnsuranoe Services Otfice, lnc., wilh its permission. PS260028002 I I I ETIA Blanket Additional lnsured - Owners, Lessees or Contractors - with Products.Completed Operations Coverage Endorsement ffi Êr \o tlq N zf! Primary and Noncontributory lnsurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribulion from any other insurance available to the additional insured, But except as specified above, this insurance will be excess of all other insurance available to the additional insured. Vl, Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIAB¡LITY CONDIT¡ONS is amended as follows: The Condition entitled Duties ln The Event of Occurrence, Otfense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the lnsurer wrilten notice of any clalm, or any occurrence or otfense which may result in a clalm; 2. send the lnsurer copies of all legal papers received, and otherwise cooperate with the lnsurer in the investigation, defense, or settlement of the clalm; and 3. make available any other insurance, and tender the defense and indemnity of any clalm to any other insurer or self-insurer, whose policy or program applies to a loss that the lnsurer covers under this coverage part. However, if the wrltten contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The lnsurer has no duty to defend or indemnify an additional insured under this endorsemenl until the lnsurer receives written notice of a claim from the additional insured. Vll. Solely with respect to the insurance grantêd by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contracl or agreement: A. is currently in effect or becomes effective during the term of thís policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the otfense that caused the personal and adveñlsing lnfury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law, All other terms and conditions of the Policy remain unchanged. This endorsement,wh ich forms a part of and ts for attachment t0 the Pol icy issued by the designated lnsurers, takes effective date is showneffectontheeffectivedateofsaidPolicyatthehourstatedinsaidPolicyunlessanother below and with said GNA75079XX (10-16) Page2ol2 lnsured Name: Harris & Associates lnc. Policy No: 6072176739 Etfective Dale: 0810112O20 ].- Copyright CNA All Rights R€seryed. lncludês copyrightod matêrial of lnsurance Services Otfice, lnc., wilh lts permission. P-s2ó002800? 9 Ê çTÜA Architects, Engineers and Surveyors General Liability Extension Endorsement (6) of the Damage to Propefi Exclusion do not apply to propeny damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE - ELEVATORS Provision, the Other lnsurance condilions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO lS INSURED is amended to include as lnsureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising inlury that results from services performed for the Named lnsured under the Named lnsured's direct supervision. All limitations that apply to employees and voluntesr workers also apply to anyone qualifying as an lnsured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for lhe cost of bail bonds and replace it with a $5,000, limit;and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000, limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS lf the Named lnsured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Pãrt, the lnsurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGAT¡ON. BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The lnsurer waives any right of recovery the lnsurer may have against any person or organization because of payments Ìhe lnsurer makes for injury or damage arising out of: L the Named lnsured's ongoing operations; or 2. your work included in the products-completed operatlons hazard, However, this waiver applies only when the Named lnsured has agreed in writing lo waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: f . is in effect or becomes etfective during the term of this Coverago Part; and 2. was executed prior to the bodlly lnlury, property damage or personaland advertlslng iniury giving rise to the clalm, 27. WRAP-UP EXTENSION; OCIP, CCIP, OR CONSOLIDATED (WRAP.UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any conslruction project in the state of Alaska, that is not permitted to be insured under a consolldated (wrap- up) lnsuranco program by applicable state statute or regulation. CNA74858XX (1-15) Page 16 of 17 lnsured Name: Hanis & Associates lnc Policy No; 6072176739 Etfective Date: 0810112020 m st al z F.ì Copyright CNA All Rights Reserved. lncludes copyrighted matsrial of lnsurance Servlces Otïice, lnc., wllh its p€rm¡ssion. P52(¡0021ì002 ax Business Auto Policy F*Ëã*y ffir'¡dors*msnt THIS ENDORSEMENT CHANGES THE POLICY. PTEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A, Who ls An lnsured The following is added to Section ll, Paragraph 4.1., Who ls An lnsured: 1 a. Any incorporated entity of which the Named lnsured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1 , does not apply to any such entity that is an Insursd under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maíntain majority ownership interest. The insurance afforded by this provision 4.2,: a, ls effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (11 Bodily injury or ptopeny damage caused by an accident that occurred before you acquired or formed the organization; or {21 Any such organization that is an insured under any other liability "policy" providing auto covgrag0. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifíes as an insured under SECTION ll - WHO lS AN INSURED and for whom Liability Coverage is afforded under this policy, lf required by written contract, this insurance will be primary and non-contributory to ínsurance on which the additional insured is a Named lnsured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to tha conduct of your business. "Policy", as used in this provision A. Who ls An lnsured, includes those polic¡es that were in force on the inception date of this Coverage Form but: 1, Which are no longer in force; or 2. Whose limits have been exhausted, B, Bail Bonds and Loss of Earnings Section ll, Paragraphs A.2.l2l and A,2. l4l are revised as follows: 1. ln a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2, ln a.(41, the limit for the loss of earnings is changed from $250 to $500 a day. o Copyright CNA All Rights Reserved, lncludes copyrightod matorial of tho lnsurance Sorvicos Office, lnc., used with its permission. ffi t! \Ô (J .+ * c.ì z EI Form No: CNA63359XX 104-2012l. Endorsement Effêct¡ve Date: Endorsemont Expiration Date: Endorsement No; 1 3; Page: 1 of 4 Underwriting Company: Tho Continontal lnsurance Company, 151 N Franklin St, Ch¡cago, lL 60606 Policy No: BUA 6076590520 Policy Effective Date: 08i01i2020 P526002{tu02 q T f,trA Business Auto Policy Fs¡!å*y Ð$ci*rswRlsrìt C. Fellow Employee Section ll, Paragraph 8.5 does not apply. Such coverage as is afforded by this provision C, is excess over any other collectible insurance. PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Obiects Or Missiles The following is added to Section lll, Paragraph 4.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B, TransportationExpenses Section lll, Paragraph 4.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section lll, Paragraph 4.4,b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section lll. Paragraph A,: 5. Hired "Autos" lf Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a, Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c, The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto, No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (11 lnclude loss of use, provided it is the consequence of an accident for which the Named lnsured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (21 Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section lll, Patagtaph 8.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. o Copyright CNA All Rights Reserved. lncludes copyrighted mat€rial of the lnsurance Services Office, lnc., used with its permission, c0 fi¡ <f :a' ôì Á t¡. Form No: CNA63359XX lO4-2O121 Endorsemenl Effective Date; Endorsement Expiration Date: Endo¡sement No: 13; Page: 2 of 4 Underwriting Company: The Continental lnsurance Company, 151 N Franklin St, Chicago, lL 60606 Policy No: BUA 6076590520 Policy Effective Date: 08/01/2020 P5260028002 .,I e I Business Auto Policy F*8ı*V ffinri*rs*r*oslt F. ElectronicEquipment Section lll, Paragraphs 8.4.c and 8.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision, G. Diminution ln Value The following is added to Section lll, Paragraph 8.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the faÍlure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: lll $5,000; or l2l 20o/o of the auto's actual cash value (ACVI. lll. Drivo Other Car Coverage - Executive Officers The following is added to Sections ll and lll: L Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a, An auto owned by that "oxecutive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision, (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2, For purposes of this provision, "executive officer" means a person holding any of the offícer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse, Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Dufies ln The Event Of Accident, Claim, Suit Or Loss The following is added to Section lV, Paragraph A.2.a.: o Copyright CNA All Rights Reserved' lncludes copyrighted material of ths lnsuranc€ Services Office, lnc., used with its pgrm¡ssion. ffi þi \o f!o <f, ôì zgl r-- Form No: CNA63359XX lO4-2O12l, Endorsoment Effective Date: Endorsement Expiration Date: Endorsement No: 13; Page: 3 of 4 Und€rwriting Companyr The Continental lnsurance Company, 151 N Franklin St, Chicago, lL 60606 Policy No: BUA 6076590520 Policy Effective Date: 08/01/2020 il P5260028002 '! ç E gryil?lt Business Auto Policy F*$E*g fficx$*r*'*ås}snt (41 Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you ars not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section lV, Paragraph 4.2,b.: (61 Your employees may know of documents received concerning a claim or suit. This will not mean thât you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager, B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section lV, Paragraph 4.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery w€ may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement tct obtain this waíver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealmont, M¡srêprêsentation or Fraud The following is added to Section lV, Paragraph 8.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other lnsurance The following is added to Section lV, Paragraph 8.5,: Regardless of the provisions of Paragraphs 5.a. and 5,d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss, E. Policy Period, Coverage Teruitory Section lV, Paragraph B. 7.(51.(al. is revised to provide: a. 45 days of coverage in lieu of 30 days. DEFINITIONS Section V. paragraph C, ¡s deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease susta¡ned by a person, including mental anguish, mental injury or death resulting from any of these. o Copyright CNA All Rights Reserved. lncludes copyrighted material of the lnsurance Services Office, lnc., used with its permission. co \o l!o * N zf! V Form No: CNA63359XX lO4-2O121 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 13; Pagel 4 of 4 Underwriting Company: The Continental lnsurance Company, 151 N Franklin St, Chicago, lL 60606 Policy No: BUA 6076590520 Policy Effective Date: 08/01/2020 t- P52ún28002 I çT(A Business Auto Policy F*åã*y ils'¡d*r*srlts¡'tt THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverâge provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement, This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below, Named Insured: HARRIS & ASSOCIATES INC Endorsement Effective Date: 08/01/2020 The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(sl or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. ffi ,t" tuo \Þ + c.l zt¡l I ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REOUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REOUIREMENT PRIOR TO LOSS. d to complete this Schedule, if not shown above, will be shown in the Declarationslnformation Form No: CA 04 44 10 13 Endorsament Effsctive Date: Endorsement Expiration Date: Endorsement No: 4; Page: 1 of 1 Und€rwriting Company: Ths Continental lnsurance Company, 151 N Franklin St, Chicago, lL 60606 Policy No: BUA 6076590520 Policy Effective Dale: 081 01 12020 @ Copyright Insurance Services Office, lnc.. 201 1 P52ó0028002 II TRAVETËRfÎ ONE TOITER SQUARE IIARTFORD Cf 06183 IÍVORKERS COMPENSAT¡ON AND EMPLOYERS LIABIL]W POLICY ENÞORSEMENT WC 99 03 76 ( A) - oox POLICYNUMBER: UB-8K458448-2043-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, The additional premium for this endorsement shall be z.0o % of the California workers' compensation pre- mium. Schedule Person or Organization Job Þescription A¡TY FERSON OR ORGåNXUATIO¡Í FOR WHTCH TTIE TNSTJRED HAS AGREED EY TüRITTEN COÌ.IÎRÀCT EXECUTED PRIOR TO IrOSS TO FITRNISH THIS Í{ATVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. lnsured Premium c0 \o f& ç (\ì zsl lnsurance Company Countersigned by Page t of r