FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND WALKER PARKING CONSULTANTS/ENGINEERS, INC.
THIS FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES ("First Amendment") is made between the City of Redondo Beach, a Chartered Municipal Corporation ("City") and the Walker Parking Consultants/Engineers, Inc., a Michigan Corporation (“Contractor”).
WHEREAS, on September 21, 2021, the parties entered into the Agreement for Consulting Services between the City and Contractor (the "Agreement"); and WHEREAS, the parties desire to add additional tasks to the Consultant’s Duties to include construction document preparation, contract administration and observations for both seismic and non-seismic rehabilitation of the North and South Pier Parking Structures; and
WHEREAS, the parties desire to increase the Consultant’s compensation and term due to the additional tasks.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendment to the Agreement:
1. Project Description and Scope of Services: Exhibit "A" of the Agreement is hereby amended to add Exhibit “A-1” to add Tasks 4 - 11. Exhibit “A-1” is attached hereto and incorporated by reference.
2. Term. Exhibit “B” of the Agreement is hereby amended to add Exhibit “B-1” to increase the term through September 19, 2024. Exhibit “B-1” is attached hereto and incorporated by reference.
3. Compensation. Exhibit "C” of the Agreement is hereby amended to add Exhibit “C-1” to add Tasks 4 - 11 for $485,000 for a total limit on Consultant’s compensation in the amount of $564,000. Exhibit “C-1” is attached hereto and incorporated by reference. Contractor shall be compensated for the services described in Exhibit “A-1”.
4. No Other Amendments. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and this First Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof.
In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall govern. - 2 -
IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 20th day of September, 2022.
CITY OF REDONDO BEACH, WALKER PARKING
a chartered municipal corporation CONSULTANTS/ENGINEERS, INC., a Michigan corporation
____________________________ By: _______________________ William C. Brand, Mayor Name:_______________________
Title: _______________________
ATTEST: APPROVED:
__________________________ _____________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
___________________________
Michael W. Webb, City Attorney
Jon Deon Bender
Managing Principal
- 3 -
EXHIBIT "A-1"
PROJECT DESCRIPTION AND SCOPE OF SERVICES
I. PROJECT DESCRIPTION
The scope of work described herein incorporates the completed Tasks 1-3 of the Condition Assessment Reports, completed as-needed materials testing of the North Pier, South Pier, and Plaza Parking Structures for the assessments, and also includes the additional Tasks 4 – 11 for the construction document preparation, contract administration, construction observations, geotechnical investigation, and additional materials testing, as well as destructive and/or nondestructive testing, for the non-seismic rehabilitation of the South Pier Parking Structure and for both the seismic and non-seismic rehabilitation of the North Pier Parking Structure.
II. CONSULTANT’S DUTIES
SOUTH PIER PARKING STRUCTURE (TASKS 4 AND 5):
D. TASK 4. CONSTRUCTION DOCUMENT PREPARATION – NON-SEISMIC
REHABILITATION
1. Perform a field survey of the floor and ceiling of all levels of the South Pier Parking Structure, to establish repair locations and quantities of various work items identified for year 2022 in Table A3 of Walker’s June 6, 2022, Condition Assessment Report.
2. Prepare construction documents outlining priority repairs based on the field survey which consists of drawings and specifications to obtain competitive pricing from qualified repair contractors.
a. Provide plans with the location and general extent of the repairs and a comprehensive work item list and related quantities.
b. Provide details with the technical requirements and interface requirements with adjacent construction materials and systems.
c. Provide a comprehensive list of work items and quantities to be included in the construction documents to establish units of measure. These work items will be identified and located throughout the parking structure. d. Provide technical specifications that identify recommended materials, procedures, quality control, warranty and required inspections to be included for the specified work items.
- 4 -
3. Prepare and submit 90% contract documents to the City for review and comment. Incorporate applicable comments in the final documents. The review documents will be sent via email in PDF format.
4. Prepare and submit 100% “Issued for Bid” contract documents in PDF format for the City of Redondo Beach for distribution for use in obtaining competitive pricing from qualified contractors.
5. Assist the City in soliciting bids from at least three specialty restoration contractors.
6. Assist the City in the bidding process (if required) a. Attend a pre-bid meeting with selected and invited contractors to respond to contractor inquiries regarding repairs to the parking garages. b. Review and respond to contractors’ questions and prepare addenda, if required.
c. Assist the City in the review and evaluation of bids and provide recommendations for award of a contract to the successful bidder.
7. Submit “Issued for Construction” documents incorporating any addendum or clarifications from the bidding process to the City and selected Contractor.
Documents will be submitted in PDF format.
E. TASK 5. CONTRACT ADMINISTRATION AND OBSERVATIONS – NON-SEISMIC
REHABILITATION
During the construction phase:
1. Participate in a pre-construction meeting with the Contractor and Owner’s representative to review work items, construction quality control, schedule, and phasing/coordination of the contract work.
2. Review product and administrative submittals for conformance with the intent of the Contract Documents.
3. Perform up to 16 periodic, part-time field observations to document the work in progress and verify the work observed is being performed in general compliance with the contract documents to achieve the design intent.
4. Prepare a field report for each site visit outlining progress, observations, and discussions and decisions made in the field. City will be immediately advised if the work is not in compliance with the project documents.
5. Review and approve shop drawings and material submittals from the restoration contractor as required by the Construction Documents.
- 5 -
6. Attend up to 6 project progress review meetings. These meetings will be convened in conjunction with scheduled observation trips discussed above.
7. Issue necessary interpretations and clarifications of the contract documents and assist in the resolution of problems or conflicts due to unforeseen conditions (Respond to RFI’s and the contractor’s questions).
8. Review Contractor payment requests and advise Client accordingly.
9. Consult with the City on change orders, if required.
10.Prepare a punch list of items requiring correction/completion near the end of the project. This will be conducted as one of the site visits indicated above.
NORTH PIER PARKING STRUCTURE (TASKS 6-11)
F. TASK 6. CONSTRUCTION DOCUMENT PREPARATION – SEISMIC
REHABILITATION
1. Predesign field survey to establish seismic rehabilitation locations. The location of strengthening will be discussed with the City for approval.
2. Prepare construction package for seismic rehabilitation as recommended in Walker’s June 6, 2022, condition assessment report which consist of calculations sheets, drawings and specifications to obtain building permit as well as competitive pricing from qualified repair contractors.
a. Provide plans with the location and general extent of the strengthening per current codes and standards and a comprehensive work item list and related quantities on the plans.
b. Provide details with technical requirements and interface requirements with adjacent construction materials and systems in the details. c. Identify and locate work items throughout the parking structure. d. Identify recommended materials, procedures, quality control, warranty and required inspections to be included for the specified work items in the technical specifications.
e. Prepare construction documents and calculation sheets based on the latest California Existing Building Code at the time of submittal.
3. Prepare and submit 90% contract documents to the City of Redondo Beach for review and comment. Incorporate applicable comments in the final pricing documents. The review documents will be sent via email in PDF format. - 6 -
4. Prepare and submit 100% stamped calculation sheets, drawings and specifications for submitting to the City of Redondo Beach building department to obtain construction permit.
5. Respond to the City’s plan-check comments (if any) and update the construction documents accordingly.
6. Prepare and submit 100% stamped permitted documents in PDF format for the City of Redondo Beach distribution for use in obtaining competitive pricing from qualified contractors.
7. Assist the City in soliciting bids from at least three specialty restoration contractors.
8. Assist the City in the bidding process (if required) a. Attend a pre-bid meeting with selected and invited contractors to respond to contractor inquiries regarding repairs to the parking garages. b. Review and respond to contractors’ questions and prepare addenda, if required.
c. Assist the City in the review and evaluation of bids and provide recommendations for award of a contract to the successful bidder.
9. Submit “Issued for Construction” documents incorporating any addendum or clarifications from the bidding process to the City and selected Contractor.
Documents will be submitted in PDF format.
G. TASK 7. CONTRACT ADMINISTRATION AND OBSERVATIONS – SEISMIC
REHABILITATION
During the construction phase:
1. Participate in a pre-construction meeting with the Contractor and the City of Redondo Beach representative to review work items, construction quality control, schedule, and phasing/coordination of the contract work.
2. Review product and administrative submittals for conformance with the intent of the Contract Documents.
3. Perform up to 12 periodic, part-time field observations to document the work in progress and verify the work observed is being performed in general compliance with the contract documents to achieve the design intent.
4. Prepare a field report for each site visit outlining progress, observations, and discussions and decisions made in the field. City will be immediately advised if the work is not in compliance with the project documents.
- 7 -
5. Attend up to four 4 project progress review meetings. These meetings will be convened in conjunction with scheduled observation trips discussed above.
6. Issue necessary interpretations and clarifications of the contract documents and assist in the resolution of problems or conflicts due to unforeseen conditions (Respond to RFI’s and the contractor’s questions).
7. Review Contractor payment requests and advise Client accordingly.
8. Consult with the City on change orders, if required.
9. Prepare a punch list of items requiring correction/completion near the end of the project. This will be conducted as one of the site visits indicated above.
H. TASK 8. CONSTRUCTION DOCUMENT PREPARATION – NON-SEISMIC
REHABILITATION
1. Prepare construction documents outlining priority repairs identified for year 2022 in Table 5 of Walker’s June 6, 2022 condition assessment report.
2. Deliverable documents will consist of drawings and specifications as stated in Task 6. The drawings and specifications will be integrated into Task 6 construction documents for improved coordination and efficiency.
3. Submittals, reviews and bidding will be included as part of the scope of services for Task 6.
I. TASK 9. CONTRACT ADMINISTRATION AND OBSERVATIONS – NON-SEISMIC
REHABILITATION
1. The scope of work for Task 9 is the same as Task 7 and will be performed in parallel with Task 7 during the construction phase.
2. Attend up to 4 field observations (in addition to 12 filed observations in Task 7) and 2 progress meetings (in addition to 4 meetings in Task 7).
J. TASK 10. GEOTECHNICAL INVESTIGATION
1. Obtain and manage qualified geotechnical engineer subconsultant to perform the following duties:
a. Conduct geotechnical investigation of the site.
b. Identify soils properties.
c. Prepare a soils report with sufficient information for structural design of seismic rehabilitation.
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K. TASK 11. DESTRUCTIVE INVESTIGATION
1. Obtain and manage subcontractor to perform the following duties:
a. Destructive and/or nondestructive testing in an effort to determine the size, depth, and reinforcement of the existing foundations.
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EXHIBIT "B-1"
SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall be extended through September 19, 2024, unless otherwise terminated as herein provided.
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EXHIBIT "C-1"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
I. AMOUNT. Consultant shall be paid as follows.
A. TASKS 1 AND 2. Consultant shall be paid a flat fee for tasks 1 and 2 in the amount of $53,000.
B. TASK 3. Prior to any work performed for task 3, Consultant shall provide a proposal providing cost and services for recommended invasive tests. City shall have the sole discretion to deny or approve services and no work shall be performed without the written approval of the City. Fees may range for these services. However, Consultant shall not exceed the amount of $25,000 for task 3.
C. TASK 4 THROUGH 9. Consultant shall be paid a flat fee for tasks 4 through 9 in the amount of $410,000.
D. TASK 10 AND 11. Prior to any work performed for tasks 10 and 11, Consultant shall provide a proposal providing cost and services for recommended geotechnical investigation and destructive tests. City shall have the sole discretion to deny or approve services and no work shall be performed without the written approval of the City. Fees may range for these services. However, Consultant shall not exceed the amount of $75,000 for task 10 and 11.
E. NOT TO EXCEED AMOUNT. Notwithstanding the foregoing, in no event shall Consultant’s compensation exceed the following amounts.
TASK
NOT TO
EXCEED
AMOUNT
NOT TO EXCEED
REIMBURSABLE
EXPENSES
NOT TO
EXCEED
AMOUNT
TASKS 1 AND 2 $53,000 $500 $53,500
TASK 3 $25,000 $500 $25,500
TASK 4 $90,000 $90,000
TASK 5 $65,000 $65,000
TASK 6 $148,000 $148,000
TASK 7 $48,000 $48,000
TASK 8 $35,000 $35,000
TASK 9 $24,000 $24,000
TASK 10 $50,000 $50,000
- 11 -
II. EXPENSES. Consultant shall be reimbursed for expenses, including but not limited to mileage at the current IRS rate, reproduction costs, and 10% subcontractor markup. Consultant must obtain prior written authorization of the City prior to incurring any expense.
III. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment. Invoices must provide the task, hourly rate, staff, expenses (if applicable), and attach the prior written authorization of the City and copies of receipts to substantiate expense requests. Consultant may be required to provide back-up material upon request. Invoices must be adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide back-up material upon request.
IV. SCHEDULE FOR PAYMENT. Consultant shall be paid monthly in arrears based upon task completed to City's reasonable satisfaction. City agrees to pay Consultant within thirty (30) days of receipt of monthly invoices; provided, however, that the total amount paid shall not exceed $564,000.
V. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant : Walker Consultants
707 Wilshire Blvd., Ste. 3650
Los Angeles, CA 90017
Attention: Deon Bender, Managing Principal
City City of Redondo Beach
Public Works Department
Engineering Services Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Lauren Sablan, Principal Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
TASK 11 $25,000 $25,000
TOTAL AMOUNT $564,000
8/5/2022
Professional Concepts Insurance Agency, Inc.
1127 South Old US Highway 23
Brighton MI 48114-9861
[email protected]
(800)969-4041 (800)969-4081
[email protected]
Walker Consultants, Inc.
707 Wilshire Blvd., Suite 3650
Los Angeles CA 90017
Travelers Indem. Co of America 25666
Travelers Indemnity Co. of CT 36170
Travelers Indemnity Co 25658
XL Specialty Ins. Co. 37885
22-23 NEW #37
A
B
X
X
X Contractual Liability
X X,C,U
X
X Y 6801J1254172247 5/23/2022 5/23/2023
660-5N988754 -FL
6801J1669102247 -CA
1,000,000
1,000,000
10,000
1,000,000
2,000,000
2,000,000
C
X
X X
X Y BA8R00910A2247 5/23/2022 5/23/2023
1,000,000
C
X X
X 10,000 X Y CUP1D3197442247 5/23/2022 5/23/2023
10,000,000
10,000,000
C
N
UB5K3205582247 5/23/2022 5/23/2023
X
1,000,000
1,000,000
1,000,000
D Professional Liability DPR9992988 5/23/2022 5/23/2023 Per Claim 5,000,000 Aggregate 7,500,000
Re: Walker Project #37-009397.00, City of Redondo Beach 2021 Restoration North Pier, South Pier, and Plaza Parking Structures.
City of Redondo Beach, The City, its Officers, Elected and appointed Officials, Employees and Volunteers are considered additional insured's with respects to general and auto liability coverages as long as required within a written contract. Waiver of subrogation in favor of certificate holder and additional insured's as long as required within a written contract. Coverage is primary and non-contributory as it applies to general liability, auto liability and umbrella. 30 day written notice provided to certificate City of Redondo Beach
Public Works Department
Attn: Lauren Sablan
415 Diamond Street
Redondo Beach, CA 90277
[email protected]
Mike Cosgrove/MAEGAN
Y
The ACORD name and logo are registered marks of ACORD
CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
JECT LOC PRO- POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:
CLAIMS-MADE OCCUR
COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $
DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $
CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $
UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
PER
STATUTE
OTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS
NON-OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$
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.
INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:
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 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).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
(A/C, No, Ext):
PRODUCER
ADDRESS:
E-MAIL
FAX
(A/C, No):
CONTACT
NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER(S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INS025 (201401)
holder and additional insured's for cancellation of coverages listed. 10 day notice for nonpayment of listed policies.
COMMENTS/REMARKS
OFREMARK COPYRIGHT 2000, AMS SERVICES INC.
EFFECTIVE DATE:
POLICY NUMBER:
ISSUE DATE:
680-1J125417-22-47
04/19/2022
05/23/2022
BUSINESSOWNERS (CONTINUED)
MP T5 31 05 10 MASSACHUSETTS CHANGES
MP T5 36 03 14 NORTH CAROLINA CHANGES
MP T5 45 01 18 NEW YORK CHANGES
CP T9 16 09 99 MASSACHUSETTS CHANGES - "POLLUTANTS"
MP T4 66 02 05 PENNSYLVANIA CHANGES
MP T4 81 01 00 GEORGIA CHANGES - "POLLUTANTS"
MP T5 01 01 20 GEORGIA CHANGES
MP T5 32 05 20 MINNESOTA CHANGES
MP T5 33 04 21 MICHIGAN CHANGES
MP T5 49 09 15 CONNECTICUT CHANGES
COMMERCIAL GENERAL LIABILITY * CG D4 69 02 19 TOT AGG LIMIT OTHER THAN PROJECTS * CG T0 07 04 09 DECLARATIONS PREMIUM SCHEDULE CG T0 08 07 86 KEY TO DECLARATIONS PREMIUM SCHEDULE
TABLE OF CONTENTS - COMMERCIAL GENERAL LIABILITY
COVERAGE FORM CG T1 00 02 19
CG T0 34 02 19
CG T1 00 02 19 COMMERCIAL GENERAL LIABILITY COVERAGE FORM GN 00 70 08 13 ILLINOIS EXCLUSION - LIQUOR LEGAL LIABILITY
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
COMPLETED OPERATIONS * CG 20 37 07 04 * CG 24 04 12 19 WVR OF TRANS OF RIGHTS OF RECOVERY
AMENDATORY ENDORSEMENT - PRODUCTS-COMPLETED OPERATIONS
HAZARD
CG D3 09 02 19
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
SCHEDULED PERSON OR ORG * CG D3 61 03 05
SCHEDULED ADDITIONAL INSURED (ARCHITECTS, ENGINEERS
AND SURVEYORS) * CG D3 82 09 15
CG D4 23 07 08 COVERAGE TERRITORY LIMITATION
CG D6 75 02 19 AMEND-WHO IS INS-ARCHIT/ENG/SURVEY ACTIV * CG D9 10 09 21 AMENDMENT OF INTELLECTUAL PROPERTY EXCLUSION CG D2 03 12 97 AMEND - NON CUMULATION OF EACH OCC
CG F1 56 07 11 WAIVER OF IMMUNITY - PORT AUTHORITY * CG T8 01 05 22 GENERAL PURPOSE ENDORSEMENT * CG T8 02 05 22 GENERAL PURPOSE ENDORSEMENT * CG T8 03 05 22 GENERAL PURPOSE ENDORSEMENT * CG T8 04 05 22 GENERAL PURPOSE ENDORSEMENT * CG T8 05 05 22 GENERAL PURPOSE ENDORSEMENT * CG T8 06 05 22 GENERAL PURPOSE ENDORSEMENT * CG T8 07 05 22 GENERAL PURPOSE ENDORSEMENT * CG T8 08 05 22 GENERAL PURPOSE ENDORSEMENT * CG T8 09 05 22 GENERAL PURPOSE ENDORSEMENT * CG T8 10 05 22 GENERAL PURPOSE ENDORSEMENT * CG T8 11 05 22 GENERAL PURPOSE ENDORSEMENT * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE.
IL T8 01 01 01 PAGE: 2 OF 5
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 noncontributory 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.
b. 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.
8. 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.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
POLICY NUMBER: BA-8R00910A-22-47-G
EFFECTIVE DATE: 05/23/2022
ISSUE DATE: 04/19/2022
LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS
THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS
BY LINE OF BUSINESS
IL TO 02 11 89
IL TB 01 01 01
IL TO 01 01 07
COMMERCIAL AUTO
CA TO 01 02 15
CA TO 03 02 15
CA TO 31 02 15
CA 00 01 10 13
CA 04 44 10 13
CA 20 48 10 13
CA T4 52 02 16
CA T4 59 02 15
CA T4 74 02 16
CA T3 53 02 15
CA TB 02 05 22
CA 01 10 11 20
INTERLINE ENDORSEMENTS
IL T3 20 05 19
IL T4 27 06 19
IL TB 00 05 22
IL T4 12 03 15
IL 00 21 09 08
IL 02 86 04 17
IL TS 01 01 01
COMMON POLICY DECLARATIONS
FORMS ENDORSEMENTS AND SCHEDULE NUMBERS
COMMON POLICY CONDITIONS
BA- COVERAGE PART DECS (ITEMS 1 & 2)
BUS AUTO COV PART DECLARATIONS-4&5
TABLE OF CONTENTS-BUSINESS AUTO COV FORM
BUSINESS AUTO COVERAGE FORM
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US (WAIVER OF SUBROGATION)
DESIGNATED INSURED FOR COVERED AUTOS LIABILITY
COVERAGE
SHORT TERM HIRED AUTO - ADDITIONAL INSURED AND LOSS
PAYEE
AMENDMENT OF EMPLOYEE DEFINITION
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON-CONTRIBUTORY WITH OTHER INSURANCE
BUSINESS AUTO EXTENSION ENDORSEMENT
PRIMARY AND NON CONTRIBUTORY
MICHIGAN CHANGES
NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US
ADDITIONAL BENEFITS
GENERAL PURPOSE ENDORSEMENT
AMNDT COMMON POLICY COND-PROHIBITED COVG
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD
FORM)
MICHIGAN CHANGES - CANCELLATION AND NONRENEWAL
PAGE: 1 OF 1
ADDRESS:
POLICY NUMBER: ISSUE DATE:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED PERSON OR ORGANIZATION – NOTICE OF
CANCELLATION OR NONRENEWAL PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice:
WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice:
PERSON OR
ORGANIZATION:
IL T4 00 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1
ANY PERSON OR ORGANIZATION TO WHOM YOU
HAVE AGREED IN A WRITTEN CONTRACT THAT
NOTICE OF CANCELLATION OR NONRENEWAL 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 RECEIVES NOTICE FROM US OF
THE CANCELLATION OR NONRENEWAL 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.
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 legally permitted
reason other than nonpayment of premium, and a
number of days is shown for Cancellation in the
Schedule above, we will mail notice of
cancellation to the person or organization shown
in such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for Cancellation in such
Schedule before the effective date of cancellation.
B. If we do not renew this policy for any legally
permitted reason other than nonpayment of
premium, and a number of days is shown for
When We Do Not Renew (Nonrenewal) in the
Schedule above, we will mail notice of
nonrenewal to the person or organization shown
in such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for When We Do Not
Renew (Nonrenewal) in such Schedule before the
effective date of nonrenewal.
45 45
BA-8R00910A-22-47-G 04-29-22
Endorsement Effective
Countersigned by
Policy No.
Insured Premium $
Insurance Company
Endorsement No.
All other terms and conditions of this policy remain unchanged. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
TO DESIGNATED PERSONS OR ORGANIZATIONS
NOTICE OF CANCELLATION
POLICY NUMBER:
ENDORSEMENT WC 99 06 R3 (00) -
EMPLOYERS LIABILITY POLICY
AND
WORKERS COMPENSATION
Notice Of Cancellation To Designated Persons Or Organizations Name and Address of Designated Persons or Organizations: Number of Days Notice The following is added to PART SIX – CONDITIONS :
SCHEDULE
If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organization before the cancellation is to take effect.
You are responsible for providing us with the information necessary to accurately complete the Schedule below.
If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation.
ONE TOWER SQUARE
UB-5K320558-22-47-E
HARTFORD CT 06183 003
ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED IN A
WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY:
1. YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUC
H NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGAN
IZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US O F 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 ENDORSEMENT.
THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US.
BLANKET NOTICE OF CANCELLATION
45 DATE OF ISSUE: ST ASSIGN: Page of
© 2013 The Travelers Indemnity Company. All rights reserved. 04-29-22 1 1
POLICY NUMBER: CUP-1D319744-22-47
EFFECTIVE DATE: 05/23/2022
ISSUE DATE: 04/20/2022
LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS
THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS
BY LINE OF BUSINESS
IL TS 01 01 01
UMBRELLA/ EXCESS
EU 00 02 09 20
EU 00 03 08 18
EU 00 01 07 16
EU 00 05 07 16
EU 02 34 07 16
EU 03 46 08 18
EU 01 44 07 16
EU 03 15 08 18
EU 00 07 07 16
EU 01 30 08 18
EU 01 48 08 18
EU 01 57 07 16
EU 02 86 09 20
EU 02 09 08 18
EU 02 90 07 16
EU 03 31 08 18
EU 03 44 08 18
EU 04 21 09 21
EU 00 49 11 16
EU 00 79 08 18
EU 00 80 08 18
EU 02 88 07 16
INTERLINE ENDORSEMENTS
IL T3 20 05 19
IL T3 68 01 21
IL 09 10 07 02
IL T4 00 05 19
POLICY HOLDER NOTICES
PN Tl 94 11 21
IL TS 01 01 01
FORMS ENDORSEMENTS AND SCHEDULE NUMBERS
POLICY DECLARATIONS EXCESS FOLLOW-FORM AND UMBRELLA
LIABILITY INSURANCE POLICY
SCHEDULE OF UNDERLYING INSURANCE
EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE
SCHEDULE OF NAMED INSUREDS
AMENDMENT OF COVERAGE - DEFINITIONS
NON CUMULATION OF OCCURRENCE LIMIT
COVERAGE FOR FINANCIAL INTEREST IN FOREIGN INSURED
ORGANIZATIONS
AMENDMENT OF UNDERLYING INSURANCE DEFINITION
CAP LOSSES - CERT ACTS TERRORSM AND EXCL
ARCHITECT, ENGINEER OR SURVEYOR PROFESSIONAL SERVICES
EXCLUSION - COVERAGE B
DAMAGE TO PROPERTY EXCLUSION - COVERAGE A
DESIGNATED PROFESSIONAL SERVICES EXCLUSION - COVERAGE
B
UNMANNED AIRCRAFT EXCLUSION - COVERAGES A AND B
NUCLEAR ENERGY LIABILITY EXCLUSION (BROAD FORM) -
COVERAGES A AND B
WATERCRAFT LIABILITY EXCLUSION - COVERAGE B
DISCRIMINATION EXCLUSION - COVERAGE B
LEAD EXCLUSION - COVERAGE B
INTELLECTUAL PROPERTY EXCLUSION - COVERAGE B
MICHIGAN CHANGES
INDIANA CHANGES - DEFINITION OF POLLUTANTS
INDIANA CHANGES - WORKERS COMPENSATION EXCLUSION
WAIVER OF IMMUNITY - PORT AUTHORITY
NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US
FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE
PENNSYLVANIA NOTICE
DESIG PERSON, ORG-NOTICE PROVIDED BY US
IMPORTANT NOTICE - LEAD EXCLUSION
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