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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: HWA GeoSciences Inc.
Vendor Number:
JD Edwards Number
Contract Number: Ev II
This is assigned by City Clerk's Office
Project Name: Lake Meridian Estates Outfall
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment E Contract
Other:
Contract Effective Date: 2/14/17 Termination Date: 3/31/17
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Richard Schleicher Department: Engineering
Contract Amount: $15,083.00
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide geotechnical services for the project.
.As of: 08/27/14
KENT
W�5...NO,O.
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
HWA GeoSciences Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and HWA GeoSciences Inc. organized under the laws of the State of Washington,
located and doing business at 21312 30th Dr. SE, Suite 110, Bothell, WA 98021, Phone: (425) 774-0106,
Contact: Brad Thurber (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide geotechnical services for the Lake Meridian Estates Outfall
Repair Project. For a description, see the Consultant's Scope of Work which is attached as
Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by March 31, 2017.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Fifteen Thousand, Eighty Three Dollars ($15,083.00), for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed amendment to this
agreement. The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1)
year from the effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
CONSULTANT SERVICES AGREEMENT - 1
($20,000 or Less)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant's services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant's possession pertaining to this project, which may be used by the City without restriction. If
the City's use of Consultant's records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, but only to the extent of Consultant's willful misconduct, negligent acts,
error or omissions.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent
of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
CONSULTANT SERVICES AGREEMENT - 2
($20,000 or Less)
1. Is R,
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then
Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful
refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act.
The City's use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
CONSULTANT SERVICES AGREEMENT - 3
($20,000 or Less)
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City's duties and obligations under the Public Records Act.
]. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
CONSULTANT SERVICES AGREEMENT - 4
($20,000 or Less)
4 ,,
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITN:ES , the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts, consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT: CITY OF KENT:
By: B
(s nature)Y�4 y J. LaPorte, P.E.
1(;�nature) (s nature)
Print Name: /"/S'
Print Name: timothy J. I
Its: Its: Public Works Director
(title) 7
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Brad Thurber Timothy J. LaPorte, P.E.
HWA GeoSciences Inc. City of Kent
21312 3 oth Dr. SE, Suite 110 220 Fourth Avenue South
Bothell, WA 98021 Kent, WA 98032
(425) 77'4-010�6 (telephone) (253) 856-5500 (telephone)
(425) 774-2714 (facsimile) (253) 856-6500 (facsimile)
HWA GeoSciences-Lk Meridian Estakes/Schleicher
CONSULTANT SERVICES AGREEMENT 5
($20,000 or Less)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For:
Title:
Date: 2 L-2017
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date) between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
' HWAGEOSCIENCES INC.
(;.-ui rhw,ul ri'•Mn umenr l:n,grnevrm,q Ifj dn{eo!„h} •(w000 m monemol•lnspecno t Testing
December 16,2016
Revised January 12,2017
HWA Project No.2016-P133
City of Kent
Public Works Engineering
400 West Gowe Street
Kent WA 98032
Attcntion: Mr. Richard Schleicher, E1T
Subject: SCOPE AND COST ESTIMATE FOR GEOTECHNICAL ENGINEERING
Lake Meridian Estates Drainage Evaluation
Kent,Washington
Dear Richard;
Per your request,we have prepared this scope of work and cost estimate for geotechnical support
to reestablish street access over a failing stormwater pipe within Lake Meridian Estates in Kent,
Washington. Our scope of work is based on our site reconnaissance with you on November 28,
2016,verbal and written correspondence with you,and our experience with pipelines in the area.
The purpose of our investigation is to evaluate the conditions around the pipe break,provide
recommendations for safe short-term resolution of street access,and perform vac-truck potholing
for utility locating along the potential reroute of the storm pipe in the next street above the lake.
PROJECT UNDERSTANDING
We understand that a sinkhole developed in early November above a 24-inch CMP stormwater
pipeline within the Lake Meridian Estates mobile home park. The sinkhole is within the
southernmost east-west street, close to the north end of Lake Meridian. Per a map of existing
storm pipelines you provided,the outfall terminates in Lake Meridian. The pipeline does not
follow streets, and passes under several mobile homes. We understand the local HOA hired a
contractor to make temporary repairs to maintain vehicle access to the four mobile homes
beyond the sinkhole; however,those repairs are deteriorating and more extensive repairs are
needed. We understand the City is involved because stormwater is contributed to the private
pipeline from a City stormwater pond. The City ultimately plans to reroute the stormwater
pipeline within the road prism of the street immediately to the west(still within Lake Meridian
Estates).
During our site visit we observed that the sinkhole consisted of a 3-foot 21312 3011Drive SE
diameter hole in the asphalt(in north half of street),approximately 2 feet Suite 110
Bothell,WA 98021-7010
Tel:425.774.0106
Fax:425.774.2714
www.bwageo.com
January 12,2017
HWA Project No.2016-P133
deep,with clear water flowing out at about 30 to 50 gpm. The water flowed overland down to
the lake,which is about 2 feet below street level. The southern half of the street at the sinkhole
location had been covered with steel sheets. We understand the HOA contractor had placed sand
and gravel in the sinkhole to try to prevent further collapse. It appears that much of that sand and
gravel has been washed away. The asphalt was undermined beyond the edge of the hole,to
unknown horizontal and vertical extents. Tapping the ground with a steel T-handled probe
revealed hollow-sounding areas of asphalt up to several feet from the opening.
Of particular note,an asphalt patch upstream from the opening and next to a mobile home had
holes(up to 2 inches in diameter)with evidence of water flowing out previously,with sand
deposited on the pavement. The resident noted that the water emerged from here first,before the
larger hole developed. Also,he noted that a portion of his driveway has settled. We observed an
alligatored area about 5 feet in diameter in his driveway that appeared to be an inch or so lower
than adjacent grade.
We understand the City's preferred approach for reestablishing proper stormwater drainage is to:
Plan A: Determine if the outfall can be unplugged, and to do so to reestablish flow; and
Plan B: If not, then reroute the stormwater flow via a new pipe in SE 258`h Ct approximately 60
feet to an existing stormwater pipeline in the street to the west.
Either solution will be followed by excavation of the voids at the pipe break and backfilling to
reestablish the street closest to the lake.
PROPOSED SCOPE OF WORK
HWA will assist the City in evaluating the pipe and street subgrade conditions,and provide
recommendations for temporary repair of the roadway. Our work will include overseeing private
utility locating and video recording of the pipe conditions,potholing with a vacuum truck along
the potential pipe reroute, observing City efforts to expose the pipe to further evaluate its
condition, and providing field recommendations for and monitoring of street subgrade repair.
We recommend the following procedures in what may be an iterative process to determine a safe
solution for street access. As discussed with you,we include City resources in this process. We
understand that the City will seek expedited shoreline permits or exemptions for unplugging the
pipe.
1) HWA will have a private locating subcontractor locate the pipe via electrical current,then by
rod and saunde (rod pushed through the pipe from upstream catch basin and tracked above
ground)to determine horizontal and vertical limits of the pipeline. HWA will also probe the
ground at the pavement holes with a 6-foot steel T-handled rod to attempt to find top of pipe.
2016-P133 rev2 2 HWA GEQSCIENCES INC.
January 12,2017
HWA Project No. 2016-P133
2) HWA will have the private locator pothole with a vacuum truck the proposed reroute of the
stormwater pipe along 2581h Court. We propose advancing up to 8 potholes to verify
underground utilities along the route and determine type, size,and depth.
2) if deemed possible,the City will attempt to clean out the pipe and outfall with a vacuum truck
and/or other methods, in order to reestablish flow down the pipe and thus reduce the water
pressure at the pipe break and drop the ground water level. HWA will monitor this effort in
order to observe existing pipe conditions as well as help determine if undermining is occurring
that may preclude further cleaning effort.
3) Thereafter the locating subcontractor will use a crawler to video the pipeline(launched from
the upstream catch basin in 2581"Court),whether or not the outfall can be cleaned out. The
purpose will be to map breaks or other defects where loss of ground and/or or outflow may be
occurring.
4) Based on the locating information, HWA will oversee exploratory digging with a backhoe by
the City's contractor. The purpose is to expose the pipe to evaluate the break and soils as well as
dig out the extent of voids beneath the pavement. HWA will provide field recommendations for
temporary repair, based on the conditions revealed, and monitor the repair earthwork. It is
possible that the repair could be done the same day, during backfilling of the exploratory
excavation. The contractor will need to be prepared to deliver field-recommended materials to
the site.
5) We will prepare a report documenting the conditions observed and the geotechnical field
recommendations given for temporary reestablishment of safe vehicle and pedestrian access
along the street.
6) We will provide project management of the geotechnical engineering tasks, including
management of our subcontractor. We will communicate with the City team in the form of
emails, telephone calls, and one meeting if requested.
Assumptions
• The City will be responsible for obtaining permission for right-of-entry on private
properties.
• If outfall cleanout is deemed feasible,the City will provide vactor truck or other
methods for cleaning out the outfall.
• The City's contractor will provide backhoe and dump truck services and backfill for
exploring and backfilling the pipe break area,and reestablishing pavement.
• This scope does not include an evaluation of the potential presence or absence of
contaminated or hazardous materials.
2016-P133 rev2 3 HWA GEOSCIENCEs 1Nc.
January 12,2017
HWA Project No. 2016-P133
COST ESTIMATE AND SCHEDULE
i
We suggest a budget of$15,083 per the breakdown of estimated costs presented on the attached '
worksheets. We will conduct the work on a time and expense basis,not to exceed the budgeted
amount. The actual costs will depend on the level of effort deemed necessary as conditions are
revealed, and may be less than estimated. If additional geotechnical work above and beyond this
estimated level of effort becomes necessary,we will develop a further scope and cost estimate in
consultation with you.
i
We reserve the right to transfer hours and budget dollars between individual tasks to satisfy j
overall project requirements. We may also transfer funds allocated for direct expenses to
professional/technical activities,or vice-versa,to satisfy overall project requirements.
We are prepared to commence work immediately,with coordination of locating. Initial private
utility locating can be performed within approximately 1 week from notice to proceed.
0.0
We appreciate the opportunity to provide this proposal for geotechnical engineering services.
Should you have any questions regarding this proposal,or require additional services,please r
contact us at your convenience.
Sincerely,
HWA GEOSCIENCES INC.
G
Brad W. Thurber,L.E.G. Ralph N. Boirum, P.E.
Senior Engineering Geologist Geotechnical Engineer,Principal
Enclosures: Project Cost Estimates
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2016-P133 re✓2 4 HWA GEOSCIENCES INC. I�
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Project Cost Estimate HWAGEOSCIE'NCES INC 1IWA Ref. 2016-PI33
Gcotechnical Investigation Y t Date: 15-Dec-16
Lake Mcridiara Estates Drainage Evaluation ]revised: 12-Jan-17
Kent Washir ton I'ta rated liv: 1I1W"FIRNII
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Proposed Scope of work:
Sea,tasks,below and revised Proposal letter dated January 12 2017
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ESTIiNIATED HWA LABOR:
PrRSONNEL&2017 DIRECT HOURLY RATES
WORK TASK Principal Geot Eng. Eng Cieol Geo1 CAI7fI'cch Clerical TOTAL 'TOTAL
D1,SCRIPTION $84.62 $47.60 $36.06 $2625 S23.00 $21,82 HOURS AMOUNT
Plan and Coordinate Field Activities 2 4 6 S313
field oversee unity Irrcatan r Probc for pipe&,outf1lI 10 1 10 $361
Field.Monitor Vac Truck potholing far utilities along re-route 10 10 $361
Fr"cld Monitor City cleanout ofoull rll(iffeasiblc) 10 10 $361
Field.Monitor llackhne exnlorataon&.backfiilhaas,m. 10 1.4mm_ . _.._$699..
Reporting of Conditions&I narnceruap Recommendations 4 4 I 2 l 11 $551
..___w.,._ . .__.m_._ ___
Pro.jecl Managcmcrat&Meeii.ng with-City 4 8 1? 627
TOTAL LABOR: 14 0 56 it 2 1 73 $3,272
LABOR COSTS
Direct Salary Cost(DSC) $3,272
Overhead(OH)()188,40%DSC $6,164
Prolit(r 12%(I)SC+011) $1,132
TOTAL LABOR COSTS: $10,568
ESTIMATED DIRECT EXPENSES:
Mileage @t�$0,54lmilc $233
Utility Locating Subcontractor $4,281.
TOTAL DIRECT EXPENSES. $4,SiS
PROJECT TOTALS AND SUMMARY:
HWA Labor $10,568
Direct 1x lenses $4,515
ESTIMATED P tOJI Cd"TOTAL. 515,t183
Assumptions:
I.All hours and items are estimated,and may be increased or decreased within the limits of the total budget at the discretion of HWA's project manager.
2, Property access permissions will be obtained by City of'Kent..
3,This scope and budget does not include detection„testing or evaluation of hazardous materials, In the event potcniially hazardous materials appear to be
present,we will attempt to obtain samples of the material in question and contact you for'flrrther authorization,as appropriate.
2016-P133 rev2
Project Cost Estimate HWA Ref: 2016-PI33
Geotechnical Investigation Date: 15-Dec-16
Lake Meridian Estates Drainage Evaluation Revised: 12-Jan-17
Kent,Washington Prepared By: BWT
UTILITY LOCATING SUBCONTRACT Rate Quantity Subtotal
Rod&Saunde Locating $165.00 Ar 4 hrs $660
Vac Truck(potholing) $245.00 Ar 8 hrs $1,960
Crawler Camera $195.00 Ar 4 hrs $780
Locating Subtotal $3,400
Sales Tax 9.50% $323
Subtotal $3,723
Contingency 15.0% $558
Total $4,281
HWAGEOSCIENCES INC.
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
TE
,4coRO CERTIFICATE OF LIABILITY INSURANCE eA01118/201a7m
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 pollcy(les) 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).
PRODUCER Phone:(4251771-5197 Fox:(425)673-4427 COM'OT Chris
NA WF
ORION INSURANCE GROUP,INC. PHONE 425)771.5197 ,PA7f�)� (425)6734427 _
3405 l88TH ST 5W E'r BQ°Dj)
34051 8TH AvutJL ChrlsDey@OrioninsGroup.com
SUITE 302 WA 98037 INSURER(S)AFFORDING COVERAGE NAICLYNN #
INSURER RLI Insurance 42846
HWA GEOSCIENCES INC. INSURER B : Admiral Insurance Company 24856
21312 30TH DRIVE SE,SUITE 110 INSURER c
BOTHELL WA 98021-7010 INSURERD:
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: 19504 REVISION NUMBER:
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.
INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS
TYPEOFINSURANCE �RSa POLICY NUMBER �
A GENERAL LIAUIIITY X X PSBOD02638 12101/16 12101/17 EACH OCCURRENCE $ 1,000,000
'bAWdi!Ta-AI tarEo $
300,000
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occuroa;a _
CLAIMS-MADE L X 1 OCCUR MED.EXP(Any one person) $ _— 51000
PERSONAL&ADV INJURY $_ 1,000,000
GENERAL AGGREGATE It 2,000,000
GEN'L AGGREGATE LIMITAPPUES PER: PRODUCTS-COMPIOPAGO $ 2,000,000
PRO-
POLICY X .FC,F L ....--..._._ $
A h_A�U!iOMOBILE LIABILITY X X PSAGO01635 12/01/16 12/01 0 $/17 COMBINE'SINGLE LIMIT 1,000,0DD
IEa aacidan
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Peracclden) $
AUTOS AUTOS
HIRED AUTOS NON-OWNED E
AUTOS ---------
E
X UMBRELLA LIAR X OCCUR X X PSE0001634 12/01/16 12/01/17 EACHOCCURRENCE $ 3,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000
w DIED RC
$ $
A wORKERB COMPENSATION X PSBOOD2638 12/01/16 l21Dl1lT 70RV LIMITS ER $ _
AND ELIPLOVERS' LIABILITY YIN
ANY PROPR4ETORIPARTNERIEXBCUTIVE r_+ E.L.EACH ACCIDENT $ 1,DO0,000
OFFICERIMEMBER EXCLUDED? I I NIA E.L.DISEASE-EA EMPLOYEE $ 1,000,000
(Mandatory In NIs) LLL_YYI
I yea:daaG,it*ardor E.L.DISEASE-POI ICY LIMIT $ 1,000,000
OESCRIPTT!N OF OPE RATIONS Wbw
B Prolessional Llablllly Clalms Made E000003589301 12/01/16 12/01/17 $2,000,000 Each Occurence
$2,000,000 Aggregate $50,000 Deductible
DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more space Is required)
Project: Lake Meridian Estates Drainage Evaluation
City of Kent Public Works Engineering and all required parties are listed as additional insureds are listed as an additional Insured with
primary non-contributory wording. 30-days notice of cancellation to certificate holder. Blanket waiver of subrogation applies In favor of
additional insureds.
CERTIFICATE HOLDER CANCELLATION
City of Kent Public Works Engineering SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
400 West Gowe Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Kent,WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Attention:
Christopher R.Day
ACORD 25(2D10105) 01988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Policy Number: PS130002838 RLI Insurance Company
Named Insured:HWA GeoSciences, Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® FOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM-SECTION II—LIABILITY
1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a
an additional insured any person or organization that primary basis, or a primary and non-contributory
you agree in a contract or agreement requiring basis, this insurance is primary to other insurance
insurance to include as an additional insured on this that is available to such additional insured which
policy, but only with respect to liability for "bodily covers such additional insured as a named insured,
injury", "property damage" or "personal and and we will not share with that other insurance,
advertising injury" caused in whole or in part by you provided that:
or those acting on your behalf: a. The "bodily injury" or "property damage" for
a. In the performance of your ongoing operations; which coverage is sought occurs after you have
b. In connection with premises owned by or rented entered into that contract or agreement; or
to you; or b. The "personal and advertising injury" for which
c. In connection with "your work" and included coverage is sought arises out of an offense
within the "product-completed operations committed after you have entered into that
hazard". contract or agreement.
2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2.
this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to
Us — COMMON POLICY CONDITIONS (BUT
a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II —
any person or organization for which coverage LIABILITY)
as an additional insured specifically is added by We waive any rights of recovery we may have
another endorsement to this policy. against any person or organization because of
b. This insurance does not apply to the rendering payments we make for "bodily injury", "property
of or failure to render any "professional damage" or"personal and advertising injury" arising
services". out of "your work" performed by you, or on your
c. This endorsement does not increase any of the behalf, under a contract or agreement with that
limits of insurance stated in D. Liability And person or organization. We waive these rights only
Medical Expenses Limits of Insurance. where you have agreed to do so as part of a
contract or agreement with such person or
3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily
Insurance — COMMON POLICY CONDITIONS injury" or"property damage"occurs, or the"personal
(BUT APPLICABLE ONLY TO SECTION II — and advertising injury" offense is committed.
LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 304 02 12 Page 1 of 1
Policy Number: PSB0002638 RLI Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® FOR DESIGN PROFESSIONALS
LIABILITY ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. First Aid And Good Samaritan Services
B. Supplementary Payments
C. Reasonable Force—Bodily Injury Or Property Damage
D. Non-Owned Watercraft
E. Canoes Or Rowboats
F. Damage To Premises Rented To You
G. Aircraft Chartered With Crew
H. Electronic Data Liability
I. Who Is An Insured—Newly Acquired Or Formed Organizations
J. Who Is An Insured—Unnamed Partnership Or Joint Venture
K. Additional Insured—Owner, Manager Or Lessor Of Premises Or Leased Equipment
L. Additional Insured—State Or Political Subdivisions—Permits Related To Premises Or Operations
M. General Aggregate Limit—Per Project Or Per Location
N. Knowledge And Notice Of Occurrence Or Offense
O. Amended Bodily Injury Definition
P. Amended Insured Contract Definition—Construction Or Demolition Operations Within 50' Of Railroad
Q. Amended Personal And Advertising Injury Definition—Electronic Material
R. Unintentional Omission
S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us
PPB 316 02 11 Page 1 of 7
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM—SECTION II—LIABILITY AND SECTION III AS IT PERTAINS TO LIABILITY
ONLY
A. First Aid And Good Samaritan Services a. Expected or Intended Injury
1. The following is added to Section II A.1. "Bodily Injury' or "property damage"
Business Liability Coverages expected or intended from the standpoint of
We will pay those sums that the insured the insured. This exclusion does not apply
becomes legally obligated to pay as damages to "bodily injury" or "property damage"
because of"bodily injury"arising out of either the resulting from the use of reasonable force to
rendering of or failure to render, "First Aid" or protect persons or property.
"Good Samaritan Services" to any person. For D. Non-Owned Watercraft
the purposes of this coverage grant, "First Aid" 1. Section II B.1.g. Exclusions, Aircraft,Auto Or
or"Good Samaritan Services"will be deemed to Watercraft Subparagraph (2) is deleted and
meet the definition of `occurrence". For the replaced by the following:
purposes of determining the applicable limits of
insurance, any act or omission together with all (2) A watercraft you do not own that is:
related acts or omissions in the rendering of (a) Up to seventy-five(75)feet long; and
"First Aid" or "Good Samaritan Services" to any
one person will be deemed one"occurrence" . (b) Not being used to carry persons or
a. "First Aid" means initial care for medical property for a charge;
attention immediately following a "bodily 2. Only as respects to the insurance provided by
injury' this provision C. Who Is An Insured is
b. "Good Samaritan Services" means medical amended to include as an insured any person
attention provided in an emergency and for who, with your express consent uses the
which no remuneration is demanded or watercraft.
received. 3. The insurance provided by this provision shall be
2. The insurance provided by this provision shall excess over any valid and collectible other
be excess over any valid and collectible other insurance available to the insured, whether
insurance available to any insured whether primary, excess, contingent or on any other
primary, excess, contingent or any other basis, basis, except for the insurance purchased
except for insurance purchased specifically by specifically by you to apply in excess of the
you to apply in excess of the limits of Insurance Limits of Insurance shown in the declarations for
shown in the declarations for Business Liability. this Coverage Part.
B. Supplementary Payments E. Canoes Or Rowboats
Section II A.11 Coverage Extension — The following is added to the exceptions contained
Supplementary Payments Paragraphs 1.(b) and in Section II B.1.g. Exclusions, Aircraft, Auto Or
1.(d)are deleted and replaced with the following: Watercraft:
(b) Up to $2,500 for the cost of bail bonds required (6) Any non-motorized canoe or rowboat owned by
because of accidents or traffic violations arising the insured. Only as respects to the insurance
out of any vehicle to which Business Liability provided by this provision C. Who Is An
Coverage for "bodily injury" applies. We do not Insured is amended to include as an insured
have to furnish these bonds. any person who, with your express consent,
uses any such canoe or rowboat.
(d) All reasonable expenses incurred by the insured F. Damage to Premises Rented to You
at our request to assist in the investigation or
defense of the claim or "suit", including actual 1. The last paragraph of Section II B.I.
loss of earnings up to $500 a day because of Exclusions — Applicable To Business
time off work. Liability Coverage is deleted and replaced by
C. Reasonable Force — Bodily Injury Or Property the following:
Damage
Section II B.1.a. Exclusions, Expected Or
Intended Injury, is deleted and replaced by the
following:
PPB 316 02 11 Page 2 of 7
Exclusions c.,d.,e.,f.,g.,h.,i.,k.,l.,m.,n. and o. in "Electronic data" means information, facts or
SECTION II — LIABILITY do not apply to programs stored as or on, created or used on, or
damage by water, fire, explosion, lightning, or transmitted to or from computer software
smoke resulting from fire to premises while (including systems and applications software),
rented to you, or temporarily occupied by you hard or floppy disks, CD-ROMS, tapes, drives,
with permission by the owner. A separate cells, data processing devices or any other
Damage To Premises Rented To You Limit of media which are used with electronically
Insurance applies to this coverage as described controlled equipment.
in paragraph D. Liability And Medical 3. For the purposes of the coverage provided by
Expenses Limits of Insurance in SECTION II— this endorsement, Section II F. Liability And
LIABILITY. Medical Expenses Definitions, Paragraph 17.
2. Section II F.9.a. Liability And Medical is deleted and replaced by the following:
Expenses Definitions, is deleted and replaced 17."Property damage"means:
by the following:
a. A contract for a lease of premises. However, a. Physical injury to tangible property,
that portion of the contract for a lease of including all resulting loss of use of that
premises that indemnifies any person or property. All such loss of use shall be
organization for damage by water, fire, deemed to occur at the time of the
explosion, lightning, or smoke resulting from physical injury that caused it;
fire to premises while rented to you or b. Loss of use of tangible property that is
temporarily occupied by you with permission not physically injured. All such loss of
of the owner is not an"insured contract"; use shall be deemed to occur at the
3. This provision does not apply if coverage for time of the `occurrence" that caused it;
Damage To Premises Rented To You is or
excluded by another endorsement to this policy. c. Loss of, loss of use of, damage to,
G. Aircraft Chartered With Crew corruption of, inability to access, or in-
ability to properly manipulate "electronic
1. The following is added to the exceptions data", resulting from physical injury to
contained in Section II B.1.g. Exclusions, tangible property. All such loss of
Aircraft,Auto or Watercraft: "electronic data" shall be deemed to
(6) Any non-owned aircraft chartered to you occur at the time of the `occurrence"
with a crew including a pilot. that caused it.
2. The insurance provided by this provision shall For the purposes of this insurance,
be excess over any valid and collectible other "electronic data"is not tangible property.
insurance available to the insured whether 1. Who Is An Insured — Newly Acquired Or Formed
primary, excess, contingent or on any other Organizations
basis, except for insurance purchased
specifically by you to apply in excess of the The following is added to Section II C. Who Is An
Limits of Insurance shown in Declarations. Insured:
H. Electronic Data Liability Any organization you newly acquire or form, other
1. Section II B.1.q. Exclusions is deleted and than a partnership, joint venture or limited liability
replaced by the following: company, over which you maintain ownership or
majority interest, will qualify as a Named Insured if
q. Electronic Data there is no other similar insurance available to that
Damages arising out of the loss of, loss of organization. However:
use of, damage to, corruption of, inability to 1. Coverage under this provision is afforded only
access, or inability to manipulate "electronic until the one hundred eightieth (180`h) day after
data" that does not result from physical you acquire or form the organization or the end
injury to tangible property. of the policy period,whichever is earlier;
2. The following definition is added to Section II F. 2. Coverage does not apply for "bodily injury" or
Liability And Medical Expenses Definitions: "property damage" that occurred before you
acquired or formed the organization.
PPB 316 02 11 Page 3 of 7
3. Coverage does not apply for "personal and (1) Only if the"bodily injury", "property dam-
advertising injury" arising out of an offense age" or "personal and advertising injury
committed before you acquired or formed the "is caused, in whole or in part, by you or
organization. any person or organization performing
4. This provision does not apply to any operations on your behalf, and arises
organization for which coverage is excluded by out of the ownership, maintenance or
another endorsement to this policy. use of that part of any premises leased
to you under that contract or agreement;
J. Who Is An Insured — Unnamed Partnership Or or
Joint Venture (2) The"bodily injury", "property damage"or
1. The last paragraph of Section II C. Who Is An "personal and advertising injury " is
Insured: is deleted and replaced by the caused, in whole or in part, by you or
following: any person or organization performing
No person or organization is an insured with operations on your behalf, and arises
respect to the conduct of any current or past out of the maintenance, operation or use
partnership, joint venture or limited liability of equipment leased to you by suchadditional insured.
company that is not shown as a Named Insured
in the Declarations. However this limitation does 2. The insurance provided to such additional in-
not apply to your liability with respect to your sured under this provision is subject to the
conduct of the business of any current or past following:
partnership or joint venture: a. The limits of insurance afforded to such
a. That is not shown as a Named Insured in additional insured shall be the limits which
the Declarations, and you agreed to provide in the contract or
b. In which you are a member or partner but agreement, or the limits shown in the
only if Declarations,whichever are less; and
(i) Each and every member or partner in b. The insurance afforded to such additional
that joint venture or partnership is not a insured does not apply:
construction contractor, and (1) To any "bodily injury" or "property dam-
(ii) The joint venture or partnership is not age" that occurs, or "personal and
providing construction contracting advertising injury" caused by an offense
committed, after you cease to be a
services. tenant in that premises;
2. This provision does not apply to any person or (2) To any structural alterations, construc-
organization for which coverage is excluded by tion or demolition operations performed
another endorsement to this policy. by or on behalf of such additional
3. The insurance provided by this provision shall insured;
be excess over any valid and collectible other (3) To any premises for which coverage is
insurance, whether primary, excess, contingent excluded by another endorsement to
or on any other basis, which is available this Coverage Part;
covering your liability with respect to your
conduct of the business of any current or past (4) To any "bodily injury" or "property dam-
partnership or joint venture that is not shown as age" that occurs, or "personal and
a Named Insured in the Declarations and which advertising injury" caused by an offense
is issued to such partnership or joint venture. committed, after the equipment lease
K. Additional Insured — Owner, Manager Or Lessor expires; or
Of Premises Or Leased Equipment (5) If the equipment is leased with an
Section II C. Who Is An Insured is amended to operator.
include as an insured: 3. This provision does not apply on any basis to
1. Any person or organization that you have any person or organization for which coverage
agreed in a contract or agreement to include as as an additional insured specifically is added by
an additional insured on this policy, but: another endorsement to this policy.
a. Only with respect to liability for"bodily injury"
or "property damage" that occurs, or
"personal and advertising injury" caused by
an offense committed, after you have
entered into that contract or agreement; and
PPB 316 02 11 Page 4 of 7
L. Additional Insured — State Or Political is twice the Liability and Medical Expenses
Subdivisions — Permits Related To Premises Or limit.
Operations The aggregate limit for all "bodily injury" and
Section II C. Who Is An Insured is amended to "property damage", medical expenses and
include as an insured: "personal and advertising injury" other than
1. Any state or political subdivision that has issued "bodily injury" or "property damage" included in
a permit in connection with premises owned or the "products-completed operations hazard"
occupied by, or rented or loaned to, you, but applies separately to each of your "projects"
only with respect to "bodily injury", "property away from premises owned by or occupied by
damage", "personal and advertising injury" you or to each of your "locations" owned by or
arising out of the existence, ownership, use, occupied by you.
maintenance, repair, construction, erection or "Projects" mean an area away from premises
removal of advertising signs, awnings, canopies, owned by or rented to you at which you are
cellar entrances, coal holes, driveways, performing operations pursuant to a contract or
manholes, marquees, hoist away openings, agreement. For the purposes of determining the
sidewalk vaults, elevators, street banners or applicable aggregate limit of insurance, each
decorations for which that state or political "project" at the same "location" shall be
subdivision has issued such permit. considered a single "project".
2. Any state or political subdivision that has issued For the purposes of this provision, "location"
a permit, but only with respect to "bodily injury", means
"property damage", "personal and advertising 1. premises involving the same or connecting
injury arising out of operations performed by lots;
you or on your behalf for which that state or
political subdivision has issued such permit. 2. premises where connection is interrupted-
However, no such state or political subdivision is only by a street, roadway, waterway or right-
an insured for: of-way of a railroad; or
a. 'Bodily injury", "property damage", "personal 3. premises where operations are performed in
and advertising injury" arising out of op- sections, stages or phases as a continuation
erations performed for that state or political of the same contract or agreement, even if
subdivision; or the premises do not involve connecting lots.
b. "Bodily injury" or "property damage" Subject to Paragraph a. or b. above, whichever
included within the "products-completed applies, the Damage To Premises Rented To
operations hazard". You Limit is the most we will pay for damages
M. General Aggregate Limit — Per Project Or Per because of "property damage" to any one
premises, while rented to you, or in the case of
Location fire; explosion; lightning; smoke resulting from
Section II D. Liability And Medical Expenses such fire, explosion or lightning; or water while
Limits of Insurance, Paragraph 4. Aggregate rented to you or temporarily occupied by you
Limits. is deleted and replaced by the following: with permission of the owner.
4. Aggregate Limits The Limits of Insurance of SECTION It —
The most we will a for: LIABILITY apply separately to each consecutive
pay annual period and to any remaining period of
a. All "bodily injury" and "property damage" less than twelve (12) months, starting with the
that is included in the "products-completed beginning of the policy period shown in the
operations hazard" is twice the Liability and Declarations, unless the policy period is
Medical Expenses limit. extended after issuance for an additional period
of less than twelve (12) months. In that case,the
b. All: additional period will be deemed part of the last
(1) "Bodily injury" and "property damage" preceding period for purposes of determining the
except damages because of "bodily in- Limits of Insurance.
jury" or "property damage" included in N. Knowledge And Notice Of Occurrence Or
the "products-completed operations Offense
hazard";
The following is added to Section II E. 2. Liability
(2) Plus medical expenses; and Medical Expenses General Conditions,
(3) Plus all "personal and advertising injury" Duties In The Event of Occurrence, Offense,
caused by offenses committed; Claim Or Suit:
PPB 316 02 11 Page 5 of 7
Notice of an "occurrence" or of an offense which 3. The insurance provided by this provision shall
may result in a claim must be given as soon as be excess over any valid and collectible Railroad
practicable after knowledge of the "occurrence" or Protective Liability insurance available to an
offense has been reported to you, one of your insured , whether primary, excess, contingent or
"executive officers" (if you are a corporation), one of on any other basis, except for the insurance
your partners who is an individual (if you are a purchased specifically by you to apply in excess
partnership), one of your managers (if you are a of the Limits of Insurance shown in the
limited liability company), one of your trustees who is declarations for this Coverage Part.
an individual (if you are a trust), or an "employee" Q. Amended Personal And Advertising Injury
(such as an insurance, loss control or risk manager Definition—Electronic Material
or administrator) designated by you to give such
notice. 1. The definition of "personal and advertising
Knowledge by any other "employee" of an "occur- injury" in Section II F.14.d. Liability And
rence" or offense does not imply that you also have Medical Expenses Definitions is deleted and
such knowledge. replaced by the following:
Notice of an "occurrence" or of an offense which d. Oral, written or electronic publication, in any
may result in a claim will be deemed to be given as manner, of material that slanders or libels a
soon as practicable to us if it is given in good faith as person or organization or disparages aperson's or organization's goods, products
soon as practicable to your workers' compensation, or services;
accident, or health insurer. This applies only if you
subsequently give notice of the "occurrence" or 2. The definition of "personal and advertising
offense to us as soon as practicable after you, one injury" in Section II F.14.e. Liability And
of your"executive officers" (if you are a corporation), Medical Expenses Definitions is deleted and
one of your partners who is an individual (if you are replaced by the following:
a partnership), one of your managers (if you are a e. Oral, written or electronic publication, in any
limited liability company), one of your trustees who is
an individual (if you are a trust), or an "employee" right ofrp s
privacy;
that violates a person
(such as an insurance, loss control or risk manager
or administrator) designated by you to give such 3. Section II B.1.p.(2) Exclusions for Personal
notice discovers that the "occurrence" or offense And Advertising Injury is deleted and replaced
may involve this policy. by the following:
0. Amended Bodily Injury Definition (2) Arising out of oral, written or electronic
The definition of "bodily injury in Section II F.3. publication of material if
direction of the insured with one by or at the
knowledge of is
Liability And Medical Expenses Definitions is
deleted and replaced by the following: falsity;
"Bodily injury" means injury to the body, sickness, 4. Section II B.1.p.(2) Exclusions for Personal
disease, or death. "Bodily injury" also means mental And Advertising Injury is deleted and replaced
injury, mental anguish, emotional distress, pain and by the following:
suffering, or shock resulting from injury to the body, (3) Arising out of oral, written or electronic
sickness, disease or death of any person. publication of material whose first
P. Amended Insured Contract Definition — publication took place before the beginning
Construction Or Demolition Operations Within of the policy period;
60' Of Railroad R. Unintentional Omission
1. The definition of "insured contract" in Section II The following is added to SECTION III —COMMON
F.9.c. Liability And Medical Expenses POLICY CONDITIONS Paragraph C. Concealment,
Definitions is deleted and replaced by the Misrepresentation Or Fraud (BUT APPLICABLE
following: ONLY TO SECTION II—LIABILITY)
c. Any easement or license agreement However as it pertains to Business Liability
2. The definition of"insured contract" in Section II Coverage only, the unintentional omission of, or
F.9.f.(1) Liability And Medical Expenses unintentional error in, any information provided by
Definitions is deleted. you which we relied upon in issuing this policy shall
not prejudice your rights under this insurance. This
provision does not affect our right to collect
additional premium or to exercise our right of
cancellation or nonrenewal in accordance with
applicable insurance laws or regulations.
PPB 316 02 11 Page 6 of 7
S. Waiver Of Transfer Of Rights Of Recovery b. Ongoing and completed operations
Against Others To Us performed by you, or on your behalf, under a
SECTION III — COMMON POLICY CONDITIONS contract or agreement with that person or
Paragraph K.2. Transfer of Rights of Recovery
organization;
Against Others to Us (BUT APPLICABLE ONLY c. Your"work"; or
TO SECTION II — LIABILITY) is deleted and d. "Your products".
replaced by the following:
2. Applicable to Business Liability Coverage: We waive these rights only where you have
agreed to do so as part of a contract or agree-
We waive any rights of recovery we may have ment entered into by you before the "bodily
against any person or organization because of injury" or "property damage" occurs or the
payments we make for "bodily injury", "property "personal and advertising injury" offense is
damage", "personal injury and advertising injury" committed.
arising out of:
a. Premises owned by you, temporarily occu-
pied by you with permission of the owner, or
leased or rented to you;
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 316 02 11 Page 7 of 7
Policy Number: PSA0001635 RLI Insurance Company
Named Insured: HWA GeoSciences, Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® BUSINESS AUTO ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. Broad Form Named Insured
B. Employees As Insureds
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
E. Employee Hired Autos
F. Fellow Employee Coverage
G. Auto Loan Lease Gap Coverage
H. Glass Repair—Waiver Of Deductible
I. Personal Effects Coverage
J. Hired Auto Physical Damage Coverage
K. Hired Auto Physical Damage—Loss Of Use
L. Hired Car—Worldwide Coverage
M. Temporary Transportation Expenses
N. Amended Bodily Injury Definition—Mental Anguish
0. Airbag Coverage
P. Amended Insured Contract Definition—Railroad Easement
Q. Coverage Extensions—Audio,Visual And Data Electronic Equipment Not Designed Solely For The
Production Of Sound
R. Notice Of And Knowledge Of Occurrence
S. Unintentional Errors Or Omissions
T. Towing Coverage
PPA 300WA 03 13 Page 1 of 5
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured We waive any right of recovery we may have against
The following is added to the SECTION II — any person or organization to the extent required of
COVERED AUTOS LIABILITY COVERAGE, Para- you by a contract executed prior to any"accident" or
graph A.I.Who Is An Insured Provision: loss", provided that the "accident or loss" arises
out of the operations contemplated by such contract.
Any business entity newly acquired or formed by you The waiver applies only to the person or
during the policy period, provided you own fifty organization designated in such contract.
percent (50%)or more of the business entity and the E. Employee Hired Autos
business entity is not separately insured for
Business Auto Coverage. Coverage is extended up 1. The following is added to the SECTION II —
to a maximum of one hundred eighty (180) days COVERED AUTOS LIABILITY COVERAGE,
following the acquisition or formation of the business Paragraph A.1.Who Is An Insured Provision:
entity. An "employee" of yours is an "insured" while
This provision does not apply to any person or operating an "auto" hired or rented under a
organization for which coverage is excluded by contract or agreement in that "employee's"
endorsement. name, with your permission, while performing
B. Employees As Insureds duties related to the conduct of your business.
The following is added to the SECTION II — 2. Changes In General Conditions:
COVERED AUTOS LIABILITY COVERAGE, Para- Paragraph 5.b. of the Other Insurance
graph A.I.Who Is An Insured Provision: Condition in the BUSINESS AUTO
Any "employee" of yours is an "insured" while using CONDITIONS is deleted and replaced with the
a covered "auto" you don't own, hire or borrow in following:
your business or your personal affairs. b. For Hired Auto Physical Damage Coverage,
C. Blanket Additional Insured the following are deemed to be covered
"autos"you own:
The following is added to the SECTION II — (1) Any covered "auto" you lease, hire, rent
COVERED AUTOS LIABILITY COVERAGE, Para- or borrow; and
graph A.1.Who Is An Insured Provision:
Any person or organization that you are required to (2) Any covered "auto" hired or rented by
include as an additional insured on this coverage your"employee" under a contract in that
form in a contract or agreement that is executed by individual employees name, with your
you before the "bodily injury" or " ro"property damage" permission, while performing duties
Y y p p y g related to the conduct of your business.
occurs is an "insured" for liability coverage, but only However, any "auto" that is leased,
for damages to which this insurance applies and hired, rented or borrowed with a driver is
only to the extent that person or organization not a covered"auto".
qualifies as an "insured" under the Who Is An
Insured provision contained in SECTION II — F. Fellow Employee Coverage
COVERED AUTOS LIABILITY COVERAGE. SECTION II — COVERED AUTOS LIABILITY
The insurance provided to the additional insured will COVERAGE, Exclusion B.5. does not apply if you
be on a primary and non-contributory basis to the have workers compensation insurance in-force
additional insured's own business auto coverage if covering all of your employees.
you are required to do so in a contract or agreement G. Auto Loan Lease Gap Coverage
that is executed by you before the "bodily injury" or
"property damage"occurs. SECTION III — PHYSICAL DAMAGE COVERAGE,
D. Blanket Waiver Of Subrogation C. Limit Of Insurance, is amended by the addition
of the following:
The following is added to the SECTION IV — In the event of a total "loss" to a covered "auto"
BUSINESS AUTO CONDITIONS, A. Loss shown in the Schedule of Declarations, we will pay
Conditions, 5. Transfer Of Rights Of Recovery any unpaid amount due on the lease or loan for a
Against Others To Us: covered "auto", less:
PPA 300WA 03 13 Page 2 of 5
1. The amount paid under the PHYSICAL (a) $60,000
DAMAGE COVERAGE section of the policy; (b) The actual cash value of the damaged
and or stolen property as of the time of the
2. Any: "loss"; or
a. Overdue leaselloan payments at the time of (c) The cost of repairing or replacing the
the"loss"; damaged or stolen property with other
b. Financial penalties imposed under a lease property of like kind and quality.
for excessive use, abnormal wear and tear (2) An adjustment for depreciation and physical
or high mileage. condition will be made in the event of a total
c. Security deposits not returned by the lessor; "loss".
d. Costs for extended warranties, Credit Life (3) We may deduct for betterment for parts
Insurance, Health, Accident or Disability normally subject to repair and replacement
Insurance purchased with the loan or lease; during the useful life of the "auto". In this
and event, deductions shall be limited to the
lesser of:
e. Carry-over balances from previous loans or (a) An amount equal to the proportion that
leases. the expired life of the part to be repaired
H. Glass Repair—Waiver Of Deductible or replaced bears to the normal useful
SECTION III — PHYSICAL DAMAGE COVERAGE, life of the part; or
D. Deductible is amended by adding the following: (b) The amount which the resale value of
No deductible for a covered"auto"will apply I to lass the"auto" is increased from the repair or
g damage if the glass is repaired rather than replaced. replacement.
I. Personal Effects Coverage (4) A deductible equal to the highest Physical
Damage deductible applicable to any owned
The following is added to SECTION III — PHYSICAL auto will apply.
DAMAGE COVERAGE, A. Coverage, 4. Coverage (5) This Coverage Extension will not apply to:
Extensions:
c. Personal Effects Coverage (a) Any "auto" that is hired, rented or
borrowed with a driver; or
In the event of a total theft loss of your covered (b) Any "auto" that is hired, rented or
"auto we will pay up to$400 for"loss"to wearing borrowed from your"employee".
apparel and other personal effects which are:
(1) Owned by an"insured"; and K. Hired Auto Physical Damage—Loss Of Use
(2) In or on your covered "auto"; The following is added to SECTION II — COVERED
AUTOS LIABILITY COVERAGE, A.2. Coverage
No deductible applies to Personal Effects Extensions:
Coverage. e. We will pay sums which you legally must pay to
J. Hired Auto Physical Damage Coverage the lessor of a covered "auto" which you have
The following is added to SECTION III — PHYSICAL leased without a driver for thirty(30) days or less
DAMAGE COVERAGE, A. Coverage, 4. Coverage for the lessor's loss of use of the covered "auto",
Extensions: provided:
d. Hired Auto Physical Damage Coverage (1) This insurance provides comprehensive,
specified causes of loss or collision covered
If hired "autos" are covered "autos" for Liability on the covered "auto";
Coverage and this policy also provides Physical (2) The loss of use results from the covered
Damage Coverage for an owned "auto", then the
Physical Damage Coverage is extended to auto being damaged in an accident"while
You are leasing it.
"autos" that you hire, rent or borrow subject to
the following: We will pay up to a maximum limit of$1,500 for
(1) The most we will pay for "loss" in any one
this covered extension.
"accident" to a hired, rented or borrowed L. Hired Car—Worldwide Coverage
"auto" is the lesser of: The following is added to SECTION II — COVERED
AUTOS LIABILITY COVERAGE, A.2. Coverage
Extensions:
PPA 300WA 0313 Page 3 of 5
f. Hired Car—Worldwide Coverage (b) Insurance limits required by law and
(1) We will pay all sums an "insured" legally issued by a government entity or by an
must pay as damages because of "bodily insurer licensed or permitted by law to
do business in the jurisdiction where the
injury„ or `property damage to which this
insurance applies, caused by an "accident" "accident occurs; or
which occurs outside of the United States of (c) Auto liability insurance limits of at least
America, the territories and possessions of $300,000 combined single limit or
the United States of America, Puerto Rico $100,000 per person/$300,000 per acci-
and Canada resulting from the maintenance, dent Bodily Injury, $100,000 Property
or use of any covered "auto" of the private Damage.
passenger type you lease, hire, rent or If you fail to comply with the above, this
borrow without a driver for thirty (30) days or insurance is not invalidated. However, in the
less. event of a "loss", we will pay only to the
(2) With respect to any claim made or "suit" extent that we would have been liable had
instituted outside the United States of you so complied.
America, the territories and possessions of (5) The insurance provided by this coverage
the United States of America, Puerto Rico, extension is excess over any other
and Canada: collectible insurance available to you
(a) You shall undertake the investigation, whether on a primary, excess contingent or
settlement and defense of such claims any other basis.
and "suits" and keep us advised of all M. Temporary Transportation Expenses
proceedings and actions.
(b) You will not make any settlement SECTION III — PHYSICAL DAMAGE COVERAGE,
without our consent. A.4. Coverage Extensions, subparagraph a.
Transportation Expenses is deleted and replaced
(c) We will reimburse you: by the following:
(I) For the amount of damages be- a. Transportation Expenses
cause of liability imposed upon you (1) We will pay up to a maximum of $1,500 for
by law on account of"bodily" injury
or "property damage" to which this temporary transportation expense incurred
insurance applies,and by you because of Physical Damage to a
coverage"auto".
(ii) For all reasonable expenses incur- (2) We will pay only for those covered "autos"
red with our consent in connection for which you carry Comprehensive,
with the investigation, settlement or
d Collision or Specified Case of Loss
defense of such claims or "suits".
Reimbursement for expenses will be Coverage.
part of the Limit of Insurance for (3) We will pay only for those expenses incurred
liability coverage shown in the Busi- by you during the period of time that begins
ness Auto Coverage Declarations, twenty-four (24) hours after the covered
and not in addition to such limits. "loss" and ends at the time when the
(3) The limit of Insurance for Liability Coverage covered "auto" can be reasonable repaired
shown in the Business Auto Coverage or replaced.
Declarations is the most we will reimburse (4) This coverage does not apply while there
you for the sum of all damages imposed on are spare or reserve"autos" available to you
you, as set forth in paragraph 2.c. above, for your operations.
and all expenses incurred by you arising out N. Amended Bodily Injury Definition — Mental
of any single"accident'or'"loss". Anguish
(4) You must maintain the greater of the The following is added to SECTION V —
following primary auto liability insurance DEFINITIONS, Definition C.:
limits:
(a) Compulsory admitted insurance with "Bodily injury" also includes mental anguish, but only
limits required to be in force to satisfy when the mental anguish arises from other bodily
the legal requirements of the jurisdiction injury, sickness or disease.
where the accident occurs; or
PPA 300WA 03 13 Page 4 of 5
O. Airbag Coverage (1) How, when and where the "accident" or
The following is added to SECTION III — PHYSICAL "loss"occurred;
DAMAGE COVERAGE B. Exclusions 3.a.: (2) The"insured's" name and address; and
However, this exclusion will not apply to accidental (3) To the extent possible, the names and
discharge of an airbag due to mechanical or addresses of any injured person and
electrical breakdown. witnesses.
P. Amended Insured Contract Definition — Railroad Your duty to give us or our authorized
Easement representative prompt notice of the "accident" or
SECTION V — DEFINITIONS paragraph H. "Insured "loss" applies only when the "accident" or "loss"
contact' is modified as follows: is known to:
1. Paragraph H.3. is replaced by the following: (1) You, if you are an individual;
3. Any easement or license agreement. (2) A partner if you are a partnership; or
2. Paragraph H.6.a. is deleted. (3) An executive officer or insurance manager, if
you are a corporation.
S. Unintentional Errors Or Omissions
Q. Coverage Extensions — Audio, Visual And Data SECTION IV—BUSINESS AUTO CONDITIONS, B.
Electronic Equipment Not Designed Solely For General Conditions; 2. Concealment Misrepre-
The Production Of Sound sentation Or Fraud is amended by adding the
SECTION III — PHYSICAL DAMAGE COVERAGE following:
B. Exclusions, exception paragraph a. to exclusion The unintentional omission of, or unintentional error
4.c. and 4.d. is deleted and replaced with the in, any information given by you shall not prejudice
following: your rights under this insurance. However this pro-
a. Equipment and accessories used with such vision does not affect our right to collect additional
equipment, except for tapes, records, discs or premium or exercise our right of cancellation or
other electronic media device, provided such nonrenewal.
equipment is permanently installed in the
covered "auto" at the time of the "loss" or is T. Towing Coverage
removable from the housing unit which is SECTION III — PHYSICAL DAMAGE COVERAGE,
permanently installed in the covered "auto" at A.2. Towing, is deleted and replaced by the
the time of the "loss", and such equipment is following:
designed to be solely operated by use of the 2. We will pay up to $750 for towing and labor
power from the "autos" electrical system, in or costs incurred each time a covered "auto" is
upon the covered"autos"; or disabled due to a covered cause of loss.
R. Notice Of An Knowledge Of Occurrence However:
SECTION IV — BUSINESS AUTO CONDITIONS, a. All labor must be performed at the place of
A.2. Duties In The Event Of Accident, Claim Suit disablement; and
Or Loss, subparagraph a. is deleted and replaced b. If the covered auto is a private passenger
with the following: type no deductible applies; and
a. In the event of"accident", claim, "suit' or "loss", c. If the covered auto is not of the private
you must give us or our authorized passenger type our obligation to pay will be
representative prompt notice of the"accident" or reduced by a $250 deductible per
"loss" including: disablement.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPA 300WA 03 13 Page 5 of 5
Policy Number: PSE0001834 RLI Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack° FOR DESIGN PROFESSIONALS
EXCESS LIABILITY ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. General Aggregate Limit— Per Project Or Per Location
B. Additional Insured—Primary/Non-contributory
C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
A. General Aggregate Limit — Per Project Or Per (3) premises where operations are performed in
Location sections, stages or phases as a continuation
Paragraph 2.a. of C. Limits of Liability of SECTION of the same contract or agreement, even if
— INSURING AGREEMENT is deleted and the premises do not involve connecting lots.
replaced by the following: B. Additional Insured—Primary/Non-contributory
a. The limit of liability stated in the Declarations as Paragraph K. Other Insurance of SECTION IV —
general aggregate is the most we will pay during CONDITIONS is deleted and replaced by the
each policy period for all ultimate net loss, following:
except ultimate net loss because of: K. Other Insurance
(1) injury and damage included in the products- If other insurance, whether collectible or not, is
completed operations hazard or; available to the insured covering a loss also
(2) any coverage included in underlying covered by this policy, the insurance afforded by
insurance to which no underlying aggregate this policy shall be in excess of, and shall not
applies, contribute with, such other insurance. However,
The general aggregate applies separately to if the underlying insurance provides coverage
each of your "projects" away from premises to an additional insured on a primary basis, or a
owned by or occupied by you or to each of your primary and non-contributory basis, this insur-
locations owned by or occupied by you. ance shall be available to such additional
insured on an excess basis over the underlying
"Projects" mean an area away from premises insurance. We will not share with other
owned by or rented to you at which you are insurance which covers such additional insured
performing operations pursuant to a contract or as a named insured.
agreement. For the purposes of determining the C. Waiver Of Transfer Of Rights Of Recovery
applicable aggregate limit of insurance, each Against Others To Us
"project' at the same "location" shall be g
considered a single"project'. Paragraph L. Subrogation of SECTION IV —
For the purposes of this provision, "location" CONDITIONS is deleted and replaced by the
following:
means
(1) premises involving the same or connecting
lots;
(2) premises where connection is interrupted
only by a street, roadway, waterway or right-
of-way of a railroad; or
PPU 304 06 10 Page 1 of 2
L. Subrogation Any amount recovered through subrogation or
In the event of any payment under this policy, the otherwise shall be apportioned in the inverse order
insured must notify us of any of the insured's rights of payment of the claim or claims involved to the
of recovery against any person or organization.We extent of actual payment thereof by all interests. The
shall be subrogated to all such rights. The expenses of all such recoveries and proceedings in
insured shall execute and deliver instruments connection therewith shall be apportioned in the
and papers and do whatever else is necessary to ratio of respective recoveries. With respect to
secure such rights. The insured shall do nothing proceedings conducted solely by us, if there is no
after loss to prejudice such rights. However we recovery, we will bear the expense thereof. If there
waive any rights of recovery we may have is a recovery, we shall be reimbursed in full from
against any person or organization if the such recovery for the amount of all expenses
underlying insurance also waives such rights. incurred by us before apportionment of such
recovery as herein provided.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPU 304 06 10 Page 2 of 2