HomeMy WebLinkAboutKimley-Horn and Associates Inc; 2018-04-02; TRAN1675TRAN1675
AGREEMENT FOR TRANSIT & TDM BASELINE ASSESSMENTS SERVICES
KIMLEY-HORN AND ASSOCIATES, INC.
THIS,4GREEMENT Is made and entered into as of the r:2od-day of
__,~,-.::::,<~...,._g_"'--____ _,, 2018, by and between the CITY OF CARLSBAD, a municipal
corpo"or{ ("City''), and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation,
("Contractor'').
RECITALS
A. City requires the professional services of a consultant that is experienced in transit
& transportation demand management baseline assessments.
B. Contractor has the necessary experience in providing professional services and
advice related to transit & tdm baseline assessments.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
;'Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this. Agreement's terms and conditions.
2. ST AND ARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional.skill and expertise.
3. TERM
The term of this Agreement will be effective until February 20, 2019.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
thirty four thousand dollars ($34,000). No other compensation for the Services will be allowed
except for items covered by subsequent amendments to this Agreement The City reserves the
right to withhold a ten percent (10%) retention until City has accepted the work and/or Services
specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
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The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees.or subcontractors. City will not be
requireq to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor. ·
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, a_ny subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X'; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
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will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted policies contain
aggregate limits, general aggregate limits will apply separately to the work under this Agreement
or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $1,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of Insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
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12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
16. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City
Name Lolly Sangster
Title Program Manager
Department Public Works
City of Carlsbad
Address 1635 Faraday Av
Carlsbad, CA 92008
Phone No. 760-602-2772
For Contractor
Name Matthew Horton
Title Project Manager
Address 401 B Street Suite 600
San Diego, CA 92101
Phone No. 619-234-9411
Email matt.horton@kimley-hom.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
YesfJi No D
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
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ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Refonn and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISC RI MINA TlON AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resoJve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten ( 10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
tenninate this Agreement for nonperformance by notifying Contractor by certified mail of the
tennination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will detennine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
perfonned to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compen_sation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
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to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
26. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
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26. AUTHORITY
The indMduals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
KIMLEY-HORN AND ASSOCIATES, :~··a;;z~;ztion
Dcn11,, ~"d'*•k 45.,, Che, f'.,..,s. U-
(print ame/title)
'PeA-u Meyu~o.f~, v,·~ 14~~.'duit
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
orks Director as
e City Manager
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY:cd~
Deputy City Attorney
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\
A. Project Background
The City is developing a Sustainable Mobility Plan with funding from the Caltrans Sustainable Communities
Program. Understanding the existing transit system and currently used travel demand management strategies will
be critical to the development of the Plan. The scope of work below details the tasks associated with the Transit
and Transportation Demand Management (TDM) Baseline Assessments.
B. Scope of Work
Task 1.0 -Meetings and Coordination
Technical Advisory Committee (TAC) meetings to be held monthly through the end of July.
Weekly prog~ meetings through the end of July.
Deliverables:
• Agenda and meeting summary
• Attendance of up to two (2) consultant staff at TAC meetings and one (1) consultant staff for progress
meetings
0
Task 2.0: Project Background
Task 2.1: Project Description
Kimley-Hom will provide a description of Transportation Demand Management (TOM) and how it supports
Carlsbad's goals. This project description will be based upon previous project summaries and is intended to be part
of a larger description (by others) of transportation planning In Carlsbad.
Task 3.0: Planning Efforts and Consideration
Task 3. 1: Outreach: Employer TOM Survey
Kimley-Hom will present the Employer IDM Survey instrument that has been developed to solicit input from the
City's employers. The City will distribute, aggregate, and document the survey findings which Kimley-Hom will then
incorporate into the document. These results will be used to inform _the understanding of existing services in Task
4 and the recommendations in Task 5. 1
Task 4.0 Analysis of Existing Conditions
Task 4. 1: Existing Conditions As3essment
Kimley-Hom will present existing conditions data related to transportation circulation elements and the driving
factors behind them. These conditions will be documented to inform the overall view of transportation in Carlsbad.
This section can be incorporated into the larger existing conditions section (written by others). The conditions to be
assessed are:
• Demographics (households without vehicles; liousehold income; population and employment)
• Parking (locations with parking issues as identified by the Village and Barrio Parking Study)
Task 4.2: Existing MobiHty Inventory
Kimley-Hom will use the results of the employer TOM survey to develop an inventory of existing mobility services·
that are available in Carlsbad. These will be used to inform the subarea recommendations/profiles in Task 5.
Scope of Work February 20,2018 TRAN1675
Task 4.3: Model Shed Analysis
Kimley-Hom will present the analysis of modal access sheds for the previously identified 4 high-volume transit
stops. These sheds help to convey how the roadway and sidewalk networks combine to increase or limit access to
the key transit stops based upon the mode of travel.
Task 4.4: Modal Access Route Identification
Based upon the modal shed analysis perfonned in the previous task, Kimley-Horn will identify the primary access
routes for pedestrians and bicyclists to the 4 stops. These routes can be considered as high priority for
recommendations and general mobility improvements. These routes could be used by others in the creation of
action plans for corridors, with rankings based upon budget and impact. These rankings could identify areas to
focus improvements on to improve transit ridership.
Task 5.0 Transportation Recommendations
Task 5.1: Challenges: TOM Barrier Identification
Kimley-Hom will identify barriers to Implementing TDM strategies with the City's employers. This will be based upon
input received in the employer TDM survey and may include both physical and policy-based barriers.
Task 5.2: Subarea recommendations/profiles
Key Origins and Destinations
• Kimley-Hom will present the key origins and destinations that were identified through coordination with the
City and project stakeholders. Key origins and destinations could be. prioritized for transportation
improvements by subregion.
Existing Mobility Service Inventory
• Kimley-Hom will present the results of the existing mobility inventory by subregion.
Task 6.0 Design Standards and Guldellnes
Task 6. 1: First and Last Mile Strategies
Kimley-Hom ~ill produce a list and descriptions for existin'g and emerging mobility services and technologies
available as part of first/last-mile solutions for high volume transit stops. These services can be part of the holistic
transportation solutions developed for Carlsbad.
Task 7.0 Origin and Destination Evaluation
Task 7. 1: Streetlight Data Co/lectic;n and Analysis
Kimley Hom Will procure data from Streetlight Data Analytics for 50 zones with origin and destination attributes for
one time period. This data will be assembled in a GIS shapefile fonnat and delivered to the client Kimley-Horn will
also produce text, graphics, and figures that describe patterns from the data that are applicable to the TDM and
Transit Baseline Assessment, Trolley Program Feasibility Study, and Sustainable Mobility Plan.
Deliverables:
• A Transit Assessment document with sections that will be moved to the Sustainable Mobility Plan
framework.
Scope of Work February 20,2018 TRAN1675
Excluded Seivlces
I
Any services not specifically identified in the above scope will require an amendment to this Task,Order. Additional
servi<;:es that Consultant can provide as part of an amendment are:
• State and Federal agency or resource agency coordination;
• Travel demand management strategy program development;
• Design advancement, concept refinement, or conceptual engineering;
• TOM performance evaluations;
• Benefit-Cost analysis; .
• Design of physical improvements;
• Aerial top~graphical mapping; /
• Ground survey; and
• Cost estimates for improvements or strategies
Fee and Expenses
Kimley-Hom will perform the services in Tasks 1 ·_ 7 not to exceed labor fee below. Individual task amounts are
informational only.
1 -Meetings and Coordination
2 -Project Background
3 -Planning Efforts and Consideration
4 -Analysis of Existing Conditions
5 -Transportation Recommendations
6 -Design Standards and Guidelines
7 -Origin and Destination Evaluation
Total Labor Fee Not to Exceed
Schedule
The term for which these services is until February 20, 2019.
_/
Scope of Work February 20,2018
$5,500
$1,000
$1,000
$1,000
$1,000
$1,000
$23,500
$34,000
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Client#: 25320 KIMLHORN
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PROOUCER ~ ~~· Jany Noyola
Grayling Ins. Brokerage/EPIC rll ~Ntt i=v+1: 770-552-4225 I ,~ Nol, 866-550-4082
3780 Mansell Road, Suite 370 ~ ~-Jerry.noyola@greyllng.com
Alpharetta, GA 30022 INSURER(S) AFFORDING CCJ\'mAOE NAICt
~ A : -Union -lno. Co. 19445
INSURED INSURERB:Aopor\__,___,..~ ' 43460
Klmley-Hom and Associates, Inc. INSURER C : Now llampohn !no Co. 23841
421 Fayetteville Street, Suite 600 INSURER D : L.layda of London 085202
Raleigh, NC 27601 J
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A X COIIIERCIAL GENERAL LIABILITY 5268169 ~01/2017 04/01/201E EACH OCCURRENCE $1.000 000 -D Cl.AIMS-MADE [!] OCCUR ~J~~l $500.000 -
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C WORKERS COMPENSATION 015893685 (AOS) '141()1/2017 04/01/201a X l~nm= I lgJli-AND EMPLOYERS" UABJLITY Y/N
ANY PROPRIETOR/P~CUTIVE[Ji] ' E.L EACH ACCIDENT s1 000 ooo OFFICER/MEMBER EXU.UDED N N/A
A (Maldatory In NH) 015893686 (CA) ~01/2017 04/01/201S E.L DISEASE -EA EMPLOYEE s1000000
~ ~~PERATIONS below ' s1,ooo,ooo I E.L DISEASE -POLICY LIMIT
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, Aggregate $2,000,000 ,/
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Re: Agreement #TRAN1519 -Mobility Plan Trolley Program Feasibility Study. The City of Cartsbad Is named
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I ..6'.(/4( ~-~
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Name Of .Adcltional Insured Peraon(s)
Or~ n(a) Location(a) Of C9vered Operations
PJN PERSON OR ORGANIZATION WHOM YOU PER ntE CONTRACT OR AGREEMENT.
BECOME OBLIGATED TO INCLUDE AS AN
ADD I Tl ONAL INSURED AS A RESULT OF AHY
CONTRACT OR AGREEMENT YOU
HAVE ENTERED INTO.
i
Information requb'ed to compiete this Schedule, if not shown above, will be shown In the Declarations.
A. Section U • Who la An Insured is emended to ·
include aa an additional.insured the p·erson(s) or
organizetion(s) shown· in the Schedule, but only
with respect to liebitlty for •bodily Injury•,
"property damage" or "personal and advertising ·
Injury" caused; In whole or in part, .by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on
your behalf; / .
In the performance of your ongoing operations
for the additional lneured(s) at the looation(a)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted·
by law; and
2. If coverage provi,;f ed to the additfonal
Insured is required by a contract or
agreement, the Insurance afforded to suoh
additional inaured wHI not be broader than
that which you are required by the contract
or agreement to provide for such additional
Insured.
B. With ·respect to the Insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily Injury•
or •property damage• occurring after:
1. All work, Including materials, parts or
· · equipment fumls,hed fn connection with such
work, on the project (other than service,
maintenance or repalra) to be performed by
or on behalf of the eddltfonal lnsured(s) at
the location of the covered operations has
been completed; or
2. Thet portion of "your work• out .of which
the injury or damage arises ha!! been put to
Its intended use by any person or
organization other than another contractor or
sul:>contractor engaged in performing
operations for a principal as a part of the
same project.
CG 20 10 0413 0 Insurance Services Offict1, Inc., 2012: Page 1 of 2 D
C. With respect to the insurance afforded to1 these
additional insureds, the · following is added to
Sectfon Al -~ Of Insurance:
If coverage provided to the additional Insured Is
required by a contract or agreement, the most
we will pay on behalf of the additional Insured
Is the amount of insurance:
1, Required by .the contract or agreement; or
2. Available under the applicable · limits of
Insurance shown in the Declarations;
whioh(IVer is less.
This endorsement shan not increase the
applicable Limits of lnsurence shown in the
Declarations.
Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 04 13 D
' I POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
. '
ADDITIONAL INSURED -OWNERS, LESSEES OR
CONTRACTORS -COMPLETED OPERATIONS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name U1 'Additional ln&Llred f'8r&on(s}
. Or Organlzatlonlsl Location And Description Of Completed Operations
ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT.
WHOM YOU BECOHE OBLIGATED
TO INCLUDE AS AN ADDITIONAL INSURED
AS A RESULT Of NlY CONTRACT OR
AGREEMENT YOU HAVE ENTERED I tfTO.
•. )
-
Information required to complete.this Schedule, if not shown above, will be shown In the DecJarations.
A. Section II • Who Is An Insured Is amended to
Include as an additional In.sured the person(s) or
organizatlon(s) shown 11'.1 the Schedule, but only
with respect to liability for "l;lodily Injury• or
"property damage• caused, In whole or In part,
by ftyour work" at the location designated and·
described in the Schedule of this endorsement
performed for that additional Insured and ·
Included In the "products-completed operations
hazard".
However:
1. The insurance afforded to such additional
lnsu·red only applies to the extent permitted
by law; and
2. If coverage provided to the addltlonel
insured is required by e contrect or. agree-
ment,· the insura,:ioe afforded to suoh addi-
tional' insured will not be broader .than that
'
which you are required by the contract or ·
agreement to provide for such additional
,Insured. ·
8, With respect to. the insurance afforded to these
edditional insureds, the fohowlng Is added to
Section Ill· limits Of lnsuu1nce:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we wm pay on behalf of the additional Insured
is the amount of insurance: ·
1. Required by the contract or agreement; or
2. Av~ilable ,.md~ the applioeble Limft,; of Insu-
rance shown In the Declaretlons;
whichever is leSB.
This endorsement shall not Increase the appli-
. oable Umlts of· insurance shown In me Decla-
rations.
CG 20 37 04 i3 t> lnsur&1ce Services Office, Inc., 2012 Page 1 of 1 a !
{
(
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This· endorsement changes the policy to which II is attached effective on the Inception date of the policy unless a dlfferert
'date Is Indicated below.
(The foJowlng • attaching c1ause· need be competed only when Hs endor8ement Is laSued 8Ubsequenl lo ~ of the policy).
I
This endorsement, effective 12:01 AM 04/01/17 forms a part of Polley No. 015893686
Issued to Kl KLEY-HORN AND ASSOCIATES, INC.
By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
We have a right to recover our payments from anyone fiable for an Injury covered by this policy. We wlY not enforce
our right against any person or organization with whom you have a written contract that requires you to obtain this
agreement from us, as regards any work you perform for such person or organization.
The additional premium for this endorsement shall be 2. 00 % of the total estimated workers compensation premlwn
for this poBcy.
we 04 03 e1
(Ed. 11/90)
Countersigned by _________________ _/4_~ __ _
. Authorized Representative