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HomeMy WebLinkAboutCAG2019-359 - Amendment - #1 - KBA, Inc. - S 228th St UPRR Grade Separation Bridge & Roadway Phase 5 - 02/09/2021ApprovalOriginator: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 February 8, 2021 CAG2019-359 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: KBA, Inc. CONTRACT NAME & PROJECT NUMBER: S. 228th Street Union Pacific Railroad Grade Separation Bridge and Roadway - Phase 5 ORIGINAL AGREEMENT DATE: July 3, 2019 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1.Section I of the Agreement, entitled “Description of Work,” is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: The Consultant shall provide additional construction management services for the project. For a description, see the attached Exhibit A which is incorporated by this reference. 2.The contract amount and time for performance provisions of Section II “Time of Completion,” and Section III, “Compensation,” are modified as follows: Original Contract Sum, including applicable WSST $717,000 Net Change by Previous Amendments including applicable WSST $0 Current Contract Amount including all previous amendments $717,000 Current Amendment Sum $80,400 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $797,400 AMENDMENT - 2 OF 2 Original Time for Completion (insert date) 6/30/21 Revised Time for Completion under prior Amendments (insert date) n/a Add’l Days Required (±) for this Amendment 184 calendar days Revised Time for Completion (insert date) 12/31/21 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 Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor (title) DATE: ATTEST: ___________________________ Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department KBA - 228th Ph 5 Amd 1/Barry Kriten M. Overleese President February 4, 2021 02/09/2021 Connor, EricFrom:Sent:To:Cc:Subiect:Attachments:Cameron Bloomer <cbloomer@kbacm.com>Wednesday, February 3,2021 7:20 AMConnor, EricBarry, Jason;Jill Carter; Sam SchuylerRE: 228th Ph 5 - KBA Contract Supplement0 1 902 0 -0 1 _S u p p 1 _ E sti m ate _v3 _2021 -0 1 2 9. pdfGood morning Eric,Attached is a revised supplement for your consideration. This revision extends my hours through April. lt also anticipatesPh 4 continuing to lighten the burn rate on Phase 5 a little bit, so the hours in March and Aprilare a little underfulltime.Please let me know if there are questions or comments.Thank you,Cameron Bloomer, PEC 206.819.7 L48 | cbloomer@kbacm.comKBA, lnc. I Construction MonagementSpeciolists I www.kbacm.comFrom: Cameron BloomerSent: Wednesday, January 27,2021,3:29 PMTo: econnor@kentwa.govCc: jbarry <jbarry@kentwa.gov>; Jill Carter <jcarter@kbacm.com>; Sam Schuyler <SSchuyler@kbacm.com>Subject: 228th Ph 5 - KBA Contract SupplementGood afternoon Eric,For your consideration, attached is a budget supplement cost breakdown for 228th Ph 5. This project is over-running theoriginal budget in part due to the following:Original budget was for 24O days, roughly 1-2 months, starting in Novembe r 2OI9. As of January 2020 weanticipate the contractor will continue working into April, 5 months longer than originally budgeted. Much ofthis delay is due to COVID-19. The project experienced a suspension, material delays, and crew size reductionsto meet new safety mandates. Weather while installing PCCP roadway panels has also slowed progress thecontracto/s progress.Our Special lnspection budget has also run higher than anticipated. A concrete quantity take off was performedand we assumed a testing frequency of roughly 1 per 100CY, as WSDOT requires. WSDOT also requires testingeach pour, and the contractor's barrier pours have been fairly small, often 20 to 30 CY resulting in concreteinspection costs above that budgeted. Shotcrete quantity was also increased, requiring additional inspection.KBA took measures to offset additional costs, including pulling off the project during the suspension and giving theproject RE (Cameron) other part t¡me duties to reduce weekly billings in the spring. And while not done directly as a costsaving measure, the inspector role is being filled by a capable but less experienced, and therefore less expensiveindividual.aa1EXTERNAL EMAILEXHIBIT A The result is we anticipate the original budget will run out in late February. We propose adding S58,100 to the budget,extending our t¡me into early/mid-April when we anticipate the project will be substantially complete.Please reach out if there are questions/comments or anything that needs to be changed.Thank you,Cameron Bloomer, pEC 206.819.7148 | cbloomer@kbacm.comKBA, lnc. I Construction Manogementspecialists I www.kbacm.com2 25YtÀRsS. 228th St Union Pacific RR Grade Phase 5City of Kent Contract No. 07-3022KBA Project No. 019020{1Prepared 112612021Prepared by: Sam Schyler¿¿t1b12V"197IJ1U206n1608V"173¿utw1706-/øDays/MoExfa WorkAdjHr/MoHr/Molan-21 Feb-21 Mar-21 Aor-21HoursDeterm¡nationSupplement 11136106112822bb122264128$77.52$42.44$56.00$39.00(43) ContractAdmin(E4)FE/OEProf. lllEProject Manageruylerill Carter/ Paige BamesBloomerSetzerSubtotal - KBA Labor HoursKBA HOURS249406Rate2021Total Hours Jan-21 Feb-21 Mar-21 Apr-21Total Ëxpenses Jan-21 teb-21 Mar-21 Aor-21Subtotal - Direct ExpensesDIRECT EXPENSES2,7331,694 1.039lnc.erTaconTotal Subs Jan-21 Feb-21 Mar-21 Apr-21Subtotal - Subconsultant CostsSUBCONSULTANTS20,400Ire10,200 10,200427,1 68858427,6164,13479311,6292,5601,03910,20017,0253,6771,694$$$4,9928514,784$$$$28,6536,2372,73320,400$42.44$56.00$39.00(43) Contract Admin(E4)FE/OE(M2)Prol lllCarter/ Paige BamesSetzerBloomerOverhead (Field) @ 144.89%Fee (on DSC only) @ 30.000/âDirect Expenses (No Markup)Suóconsu/fanf(s,)(Hone)@20,791TOTAL SUPPLEMENT 1Direct Salary CostsKBA LABOR COST80,400Rate202112 258 8,53445,646 34,754Total DSC lan-21 Feb-21 Mar-21 Apï21 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 5/5/2020 Dealey,Renton &Associates P.O.Box 12675 Oakland CA 94604-2675 510-465-3090 510-452-2193 certificates@dealeyrenton.com XL Specialty Insurance Co.37885 KBAINC The Travelers Indemnity Company of America 25666KBA,Inc. 11201 SE 8th Street,Ste 160 Bellevue WA 98004 Travelers Property Casualty Company of America 25674 The Phoenix Insurance Company 25623 1149390238 B X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X Y Y 6806N033449 5/10/2020 5/10/2021 2,000,000 D 1,000,000 X X X Y Y BA6N034864 5/10/2020 5/10/2021 C X X 9,000,000YCUP6N0361875/10/2020Y 5/10/2021 9,000,000 X 10,000 B Y 6806N033449 5/10/2020 5/10/2021 WA STOP GAP 1,000,000 1,000,000 1,000,000 A Professional Liability + Contractors Pollution Liability DPR99959751 5/10/2020 5/10/2021 Per Claim Per Aggregate $2,000,000 $4,000,000 RE:Project No.B17057-03 -S 228th St Union Pacific Railroad Grade Separation –Phase 5 The City of Kent is named as an additional insured as respects general and auto liability as required per written contract or agreement.General and Auto Liability are Primary/Non-Contributory per policy form wording.Severability of Interest applies to General and Auto Liability. SEVERABILITY OF INTERESTS (Per CG 00 01 10 01) 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: See Attached... 30 Day Notice of Cancellation City of Kent Attn:Nancy Yoshitake 220 Fourth Avenue,South Kent WA 98032 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: KBAINC 1 1 Dealey,Renton &Associates KBA,Inc. 11201 SE 8th Street,Ste 160 Bellevue WA 98004 25 CERTIFICATE OF LIABILITY INSURANCE 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. 30 Day Notice of Cancellation ÐÑÔ×ÝÇÒËÓÞÛÎ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò    ̸·­»²¼±®­»³»²¬³±¼·º·»­·²­«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ    øײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·­Í½¸»¼«´»ô·º²±¬­¸±©²¿¾±ª»ô©·´´¾»­¸±©²·²¬¸»Ü»½´¿®¿¬·±²­ò÷ Í»½¬·±²×× É¸±×­ß²×²­«®»¼·­¿³»²¼»¼¬±·²ó ̸·­·²­«®¿²½»¼±»­²±¬¿°°´§¬±þ¾±¼·´§·²¶«®§þ±® ½´«¼»¿­¿²¿¼¼·¬·±²¿´·²­«®»¼¬¸»°»®­±²ø­÷±® þ°®±°»®¬§¼¿³¿¹»þ±½½«®®·²¹ô±®°»®­±²¿´·²¶«®§Œ ±®¹¿²·¦¿¬·±²ø­÷­¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§ ±®¿¼ª»®¬·­·²¹·²¶«®§Œ¿®·­·²¹±«¬±º¿²±ºº»²­» ©·¬¸®»­°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þôþ°®±°»®¬§ ½±³³·¬¬»¼ô¿º¬»®æ ¼¿³¿¹»þôþ°»®­±²¿´·²¶«®§Œ±®¿¼ª»®¬·­·²¹·²¶«®§þ ß´´©±®µô·²½´«¼·²¹³¿¬»®·¿´­ô°¿®¬­±®»¯«·°ó½¿«­»¼ô·²©¸±´»±®·²°¿®¬ô¾§æ ³»²¬º«®²·­¸»¼·²½±²²»½¬·±²©·¬¸­«½¸©±®µô DZ«®¿½¬­±®±³·­­·±²­å±®±²¬¸»°®±¶»½¬ø±¬¸»®¬¸¿²­»®ª·½»ô³¿·²¬»ó ²¿²½»±®®»°¿·®­÷¬±¾»°»®º±®³»¼¾§±®±²̸»¿½¬­±®±³·­­·±²­±º¬¸±­»¿½¬·²¹±²§±«®¾»¸¿´º±º¬¸»¿¼¼·¬·±²¿´·²­«®»¼ø­÷¿¬¬¸»´±½¿ó¾»¸¿´ºå ¬·±²±º¬¸»½±ª»®»¼±°»®¿¬·±²­¸¿­¾»»²½±³ó·²¬¸»°»®º±®³¿²½»±º§±«®±²¹±·²¹±°»®¿¬·±²­º±®°´»¬»¼å±®¬¸»¿¼¼·¬·±²¿´·²­«®»¼ø­÷¿¬¬¸»´±½¿¬·±²ø­÷¼»­·¹ó ̸¿¬°±®¬·±²±ºþ§±«®©±®µþ±«¬±º©¸·½¸¬¸»²¿¬»¼¿¾±ª»ò ·²¶«®§±®¼¿³¿¹»¿®·­»­¸¿­¾»»²°«¬¬±·¬­·²óÉ·¬¸®»­°»½¬¬±¬¸»·²­«®¿²½»¿ºº±®¼»¼¬±¬¸»­»¬»²¼»¼«­»¾§¿²§°»®­±²±®±®¹¿²·¦¿¬·±²¿¼¼·¬·±²¿´·²­«®»¼­ô¬¸»º±´´±©·²¹¿¼¼·¬·±²¿´»¨½´«ó ±¬¸»®¬¸¿²¿²±¬¸»®½±²¬®¿½¬±®±®­«¾½±²¬®¿½ó­·±²­¿°°´§æ ¬±®»²¹¿¹»¼·²°»®º±®³·²¹±°»®¿¬·±²­º±®¿ °®·²½·°¿´¿­¿°¿®¬±º¬¸»­¿³»°®±¶»½¬ò ݱ°§®·¹¸¬îððë̸»Í¬òп«´Ì®¿ª»´»®­Ý±³°¿²·»­ôײ½òß´´®·¹¸¬­®»­»®ª»¼ò п¹»ï±ºï ײ½´«¼»­½±°§®·¹¸¬»¼³¿¬»®·¿´±º×²­«®¿²½»Í»®ª·½»­Ñºº·½»ôײ½ò©·¬¸·¬­°»®³·­­·±²ò Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed 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. Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 6806N033449 5/5/2020 ÐÑÔ×ÝÇÒËÓÞÛÎæ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò   ̸·­»²¼±®­»³»²¬³±¼·º·»­·²­«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ    ײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·­Í½¸»¼«´»ô·º²±¬­¸±©²¿¾±ª»ô©·´´¾»­¸±©²·²¬¸»Ü»½´¿®¿¬·±²­ò ·­¿³»²¼»¼¬±·²ó ´±½¿¬·±²¼»­·¹²¿¬»¼¿²¼¼»­½®·¾»¼·²¬¸»­½¸»¼«´»±º ½´«¼»¿­¿²¿¼¼·¬·±²¿´·²­«®»¼¬¸»°»®­±²ø­÷±®±®ó ¬¸·­»²¼±®­»³»²¬°»®º±®³»¼º±®¬¸¿¬¿¼¼·¬·±²¿´·²ó ¹¿²·¦¿¬·±²ø­÷­¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§©·¬¸ ­«®»¼¿²¼·²½´«¼»¼·²¬¸»þ°®±¼«½¬­ó½±³°´»¬»¼±°»®¿ó ®»­°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þ±®þ°®±°»®¬§¼¿³ó ¬·±²­¸¿¦¿®¼þò ¿¹»þ½¿«­»¼ô·²©¸±´»±®·²°¿®¬ô¾§þ§±«®©±®µþ¿¬¬¸» ×ÍÑЮ±°»®¬·»­ôײ½òôîððì п¹»ï±ºï Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 5/5/20206806N033449 NAMED INSURED: POLICY NUMBER: <PNUM> ADDITIONAL COVERAGES BY WRITTEN CONTRACT OR AGREEMENT This is a summary of the coverages provided under the following forms (complete forms available): Page 1 COMMERCIAL GENERAL LIABILITY COVERAGE Excerpt from COMMERCIAL GENERAL LIABILITY COVERAGE (FORM #CG T1 00 02 19) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 4. OTHER INSURANCE - d. PRIMARY AND NON-CONTRIBUTORY INSURANCE IF REQUIREDBY 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 namedinsured, 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 iscommitted; subsequent to the signing of that contract or agreement by you. Excerpt from XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS (FORM #CG D3 79 02 19) PROVISION M. - BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person ororganization, but only for payments we make because of: a."Bodily injury" or "property damage" that occurs; orb. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. KBA,Inc. 6806N033449 COMM RCI L AUTOE A T IS ENDORSEMENT CHANGES T E POLICY.PL ASE READ IT CAREFULLY.H H E BLANKET ADDITIONAL INSURED Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w BUS NE S A TO OV RAGE F RMI S U C E O M TO CA RI R COV RA E F RMO R R E E G O The fo lo ing i added to Parag aphl w s r c.in A.1.,Who be ween you and that pe son or organiza ion,that istrt Is An Insu edr,of SECTION II CO E ED AU OV R T S si ned by yo be o e the "bodi y injury or "prope tyg u f r l " r L ABI I Y CO E AGEI L T V R in the BUSIN SS AUTE O dam ge occur and that is in ef e t during the pol cya " s f c i CO ERAGE FO MVR and Pa agraphr e.in A.1.,Who Is pe iod,to nam as an addi ional insured fo Cov redretr e An Insu edr,of SECT ON II CO ERED AU OIV T S Auto Liabil ty Cov rage,but o ly fo dam ges tos i e n r a L ABI I Y CO ERAGEI L T V in the MOT R CARRIEOR whi h this insurance applie an only to the ex ent ocs d t f CO ERAGE FO MVR,whichev r Co erage Form i that perso 's o o ganizat o 'se v s n r r i n lia il ty fo the co ductb i r n pa t o y ur poli y o anot er "in ured".r f o c :f h s Thi i cl de any perso or organi ation who you ares n u s n z re ui ed unde a written cont a t o ag ee entq r r r c r r m CA 4 37 2 16T 0 ©2016 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 Includes copyrighted material of nsurance Services OfIf ce,Inc.with its permis ion.i s Policy:BA6N034864 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (A) POLICY NUMBER: 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 %of the California workers'compensation pre- mium. Schedule Person or Organization Job Description 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.) Insurance Company Countersigned by DATE OF ISSUE:Page 1 of 1 Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. 6806N033449 The Travelers Indemnity Company of America 5/5/2020