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HomeMy WebLinkAboutCAG2019-490 - Amendment - #1 - Otak, Inc. - Summit Landburg Road Culvert Replacement - 04/15/2021ApprovalOriginator: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* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) 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 Dir Asst: Sup/Mgr: Dir/Dep: rev. 200821 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached CAG2019-490 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Otak, Inc. CONTRACT NAME & PROJECT NUMBER: Summit Landsburg Road Culvert Replacement ORIGINAL AGREEMENT DATE: December 13, 2019 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1. Section I of the Agreement, entitled “Description of Work,” is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Provide final design and permitting support for the project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II “Time of Completion,” and Section III, “Compensation,” are modified as follows: Original Contract Sum, including applicable WSST $199,150 Net Change by Previous Amendments including applicable WSST $0 Current Contract Amount including all previous amendments $199,150 Current Amendment Sum $44,019 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $243,169 Original Time for Completion (insert date) t2t3t/21 Revised Time for Completion under prior Amendments (insert date) nla Add'l Days Required (+) for this Amendment 365 calendar days Revised Time for Completion (insert date) 12t3il22 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 bf 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 pafties of this contract. IN WITNESS, the parties below have executed this Amendment, which will b effective on the last date written below. ffak - Rnk creek 2 Amd l/Llnaln (signature) Print Name: Chad Bieren. P.E. Its. . PublicWorks.Direq!-or CITY OF KENT: By ,Z'24; DATE: , ltitle)4/r</zt ' LTANT DATE co DOR: ,/t- 7 Print Name: By: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department ATTEST: Kent City Clerk AMENDMENT-2OF2 Otak^al Attachment City of Kenl Rock Creek Fish Possoge Project - Finol Design ond Permitting Supporl Otak Project No. 33028.A00 Scope of Services Amendmenl I The City of Kent is replacing the three existing 36-inch corrugated metal pipe (CMP) culverts that pass Rock Greek under Summit Landsburg Road, outside of Maple Valley in unincorporated King County. The new stream crossing structure will be a bridge. The project is to be accomplished in three phases - Preliminary Design, Final Design and Permitting, and Construction Support. This scope of work describes extra work within the Final Design and Permitting phase, including permitting support to negotiate the large woody debris design concept with the Muckleshoot tribal representative, responding to a second set of comments (from King County), adding approach slabs to the design of the bridge and management and coordination for the longer duration of the work. PROJECI MANAGEMENI Otak will continue to manage their work. The project time has increased and additional time is included to cover this task through the currently anticipated completion date of June 30, 2021 when the Construction Support phase is anticipated to begin. Assumotions:r Meetings via phone or video conference for 2 staff per meeting for external meetings and up to 8 staff for internal over a period of 10 additional months . Project management for an additional 10 months IASK l: PERMITIING SUPPORI 1.2 lorge Woody Debris (tWD) Concept Design ond Negoliqtion Based on existing conditions of large wood within the stream system, it was originally assumed that minimal wood additions would be required for this project. Actually the Muckleshoot tribe pressed hard for additional wood and for placement under the structure and the City requested Otak's assistance in negotiating with the tribe. During the negotiations, Otak prepared multiple iterations of LWD concept sketches along with design calculations and modeling to ensure the design would be sufficiently stable and within the City's risk tolerance. This work also required bringing the data into a new model. HEC-RAS was originally used but the complexity of the LWD concepts required the use of SRH2D which is more capable of predicting flow characteristics reactions to the addition of wood forms. k:\prcject\33000\33028\contractl33028a final design\amendment 1133028a-rock creek scope 2021-0406.docx 11241 Willows Road NE, Suite 200 Redmond, WA 98052 . Phone (425)822-4446 Fax (425)827-5577 otak.com EXHIBIT A Rock Creek Fish Passage Project - Final Design and Permifting Support - Amendment 1 Page2 April6, 2021 IASK 2: FINAL DESIGN 2.1 Bridge Design The bridge design work will be supplemented with the following: r Address King County review comments. Otak will respond to 60-, 90- and 1O0-percent level design review comments from King County. lt is assumed that this will require a coordination meeting with City and County staff to review the comments and coordinate response approach. King County 60-percent design review comments have been received. This scope of work includes addressing those comments and addressing future comments at the 90- and 10O-percent level design. r Add bridge approach slabs to each end of the bridge. This will add three sheets to the plan set for the approach slab details. Abutment layout and details will be revised to accommodate the approach slabs. 2.2 Slreom Design Resulting from the negotiation with the Muckleshoot tribe, additional log placement details were required and one additional plan sheet was added. Otak will respond to 60-, 90- and 10O-percent level design review comments from King County. 2.3 Roodwoy Design Otak will respond to 60-, 90- and 1O0-percent level design review comments from King County 2.4 Other Design Otak will respond to 60-, 90- and 100-percent level design review comments from King County 2.6 Cosl Eslimote Otak will include bridge approach slabs in the quantities and estimated construction cost at the 90- and 100- percent level design. Assumotions:r Comments on the 90- and 1O0-percent level designs will be minimal and not result in changes to the overall bridge geometry, girder type, layout and foundation type. r Standard WSDOT bridge approach slab details are applicable to the project. Design calculations and custom details will not be needed. r Bridge load rating will be included in the construction phase of work r Additionalsite visits will not be needed k:\prcject\33000\33028\contract\33028a finat design\amendment 1\33028a-rcck creek scope 2021-0406.docx City of Kent Rock Creek Fish Passage Project - Final Design and Permitting Support - Amendment 1Fee EstimateOtak, lnc., Project 33028PMTask DescriptionNumber of Meetings / Site VisitsE'c6Attachment AoosuandonmateTotal HoursBilling Rate (including OH and Profit)Total Labor Cost, including Overhead and ProfitDirect ExpensesProject Total8I4t6244I4319s193.oo$fi,019544,01963oEa!oo.99oob0'fi>-gJgcot!E;b3=O(t 6Storm and Streamt63(,c,6otosoo3odl3t0oJocctsLoc.99ooo0;q>u()U(lxut(tl!()oEGUBridgeAA/ac Roadwayxu(tl!=oF.c66bogo3.Lxl!L'I 72 S1116818i47218;2:8IStream Design2.2Bridge Design2.72.O Final DesiPM, Mtes, lnternal coordination96s123.00 I s10s.00s1o,08os49264s165.00s10,s6030 | 724s10s,00s13,020s187.00ss.61072s139.00s1.6684s183.00573239\@affi\3302&Rel CcL budgd 2021-0406.x1$4/6/m21 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE The Phoenix Insurance Company Travelers Prop Casualty Co of America Berkley Insurance Company Travelers Indemnity Company of America 12/20/2020 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Carly Underwood 770.670.4082 866.550.4082 carly.underwood@greyling.com Otak, Inc. 808 SW Third Avenue, Suite 800 Portland, OR 97204 25623 25674 32603 25666 21-22 A X X X X 680005H242469 01/01/2021 01/01/2022 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 D X X X 8103R284328 01/01/2021 01/01/2022 1,000,000 B X X X 10,000 CUP005C857081 01/01/2021 01/01/2022 10,000,000 10,000,000 C Professional Liability AEC904264900 01/01/2021 01/01/2022 Per Claim $2,000,000 Aggregate $4,000,000 Re: Project #s 033028.000, 033028.A00; Summit Landsburg Road and Rock Creek Culvert Replacement Project. The City of Kent are named as Additional Insureds with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, we will (See Attached Descriptions) City of Kent 220 Fourth Avenue South Kent, WA 98032-0000 1 of 2 #S2502418/M2501725 OTAKINCClient#: 53352 CUND1 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder. 2 of 2 #S2502418/M2501725 12/23/2020 Elliott Powell Baden and Baker Inc. An ISU Network Member 1521 SW Salmon Street Portland OR 97205-1783 Oksana Chorna (503) 227-1771 (503) 274-7644 ochorna@epbb.com Otak Inc. 808 SW 3rd Ave Ste 800 Portland OR 97204 SAIF 21-22 WC A 487431 01/01/2021 01/01/2022 1,000,000 1,000,000 1,000,000 Re: Summit Landsburg Road Culvert Replacement Project City of Kent 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. 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 8103R284328 COMMERCIAL AUTO 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". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: 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. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY 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 II -- COVERED AUTOS LIABIL- ITY COVERAGE: (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada; (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (III) Neither you nor any other involved "insured" will make any settlement without our consent. (iil) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit"_ (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. lion of such claims and your defense of the "insured" against any such F. MIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE —INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of insurance, of graph B.T., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV -- BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you tease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (Gy This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired ❑r compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ® 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted rnaterial of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such ocun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements, (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. 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. H. HIRED AUTO PHYSICAL DAMAGE -- LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4-b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill — 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- J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE. Personal Property We will pay up to $400 for 'loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. 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 AA.b. and A.1.c., but only: a. If that "auto" is a covered "auto" far 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. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS, Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss". 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 signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 02 15 Q26t5 The Travelers Indemnity Company. All rights reserved• page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUT❑ such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV— BUSINESS AUTO CONDITIONS; Page 4 of 4 0 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 includes copyrighted malarial of Insurance Services Office, Inc. with its permission. 680005H242469 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to d❑ so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company, All rights reserved, CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission