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HomeMy WebLinkAboutPW17-096 - Amendment - #1 - HWA GeoSciences Inc. - Lake Meridian Estates Outfall - 03/15/2017 /�1J % ///r///✓r / r t / D Fxue-kcu-� rds 1" Icln e 0 KEN WAB H ury ZB7^uW Document /I, r .. /,.,..�, ,o< CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerics Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: NWT, GeoSciences Inc. Vendor Number: ID Edwards Dumber Contract Number: P n-0 This is assigned by City Clerk's Office Project Name: Lake Meridian Estates Outfall Re air Description: ❑ Interlecal ,agreement El Change Order Z Amendment ❑ Contract El Other: Contract Effective Date: 3/15/17 Termination Date: 12/31/17 Contract Renewal Notice. (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Richard Schleicher Department: Enqineerinq Contract Amount: $0.00 Approval Authority: (CIRCLE ONE) CDepartmentDirector Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2017 due to changes to physical conditions 11 of the pr rrroject, As of: 08/27/14 t KENT WASHINGTON AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: HWA GeoSciences Inc. CONTRACT NAME & PROJECT NUMBER: Lake Meridian Estates Outfall Repair ORIGINAL AGREEMENT DATE: February 14, 2017 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: The scope of work remains the same, however an amendment is necessary to extend the time of completion to December 31, 2017 due to changes to physical conditions. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $15,083.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $15,083.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $15,083.00 AMENDMENT - 1 OF 2 Original Time for Completion 3/31/17 (insert date) Revised Time for Completion under prior Amendments (insert date) Add'l Days Required for this 275 calendar days Amendment Revised Time for Completion 12/31/17 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives, any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with ainy work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments, (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF DENT: B By: y (sign e) (signature) Print N me-, 7!Lr1-, Print Name: Timothy J, LaPorte, P.E. 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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 coverage is sought arises out of an offense c. 1n connection with "your work" and included committed after you have entered into that within the "product-completed operations contract or agreement. hazard". a. The following is added to SECTION III K. 2. 2. The insurance provided to the additional insured by Transfer of Rights of Recovery Against Others to this endorsement is limited as follows: Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE ABLE TO ONLY TO SECTION II — any person or organization for which coverage ) 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 behalf, under a contract or agreement with that c. This endorsement does not increase any of the person or organization. We waive these rights only limits of insurance stated in D. Liability And where you have agreed to do so as part of a Medical Expenses Limits of Insurance. 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 1. 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 0. 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" 3 Business Liability Coverages expected or intended from the standpoint of ! the insured. This exclusion does not apply We will pay those sums that the insured to "bodily injury" or "property damage" becomes legally obligated to pay as damages resulting from the use of reasonable force to because of"bodily injury"arising out of either the protect persons or property. rendering of or failure to render, "First Aid" or "Good Samaritan Services" to any person. For D. Non-Owned Watercraft the purposes of this coverage grant, First Aid" or"Good Samaritan Services"will be deemed to 1. Section II B,1.g. Exclusions,Aircraft,Auto Or meet the definition of "occurrence". For the Watercraft Subparagraph {2) is deleted and l purposes of determining the applicable limits of replaced by the following: 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 "First Aid" or "Good Samaritan Services" to any (a) Up to seventy-five (75)feet long; and 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.1.f. 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 the insured. Only as respects to the insurance because of accidents or traffic violations arising provided by this provision C. Who Is An out of any vehicle to which Business Liability Insured is amended to include as an insured Coverage for "bodily injury" applies. We do not any person who, with your express consent, have to furnish these bonds. 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.1. 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 BA.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 deemed to occur at the time of the organization for damage by water, fire, 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 I. 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 I. Coverage under this provision is afforded only access, or inability to manipulate "electronic until the one hundred eightieth (180t') 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. PPS 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 arson or organization is an insured with operations on your behalf, and arises Na p g out of the maintenance, operation or use respect to the conduct of any current or past of equipment leased to you by such partnership, joint venture or limited liability additional 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 agreement, or the limits shown in the b. In which you are a member or partner but Declarations,whichever are less;and only if i Each and eve member or partner in b. The insurance afforded to such additional (I) every p Insured does not apply: that joint venture or partnership is not a construction contractor,and (1) To any "bodily injury" or"property dam- age" that occurs, or "personal and (ii) The joint venture or partnership is not advertising injury" caused by an offense providing construction contracting 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, construct 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 (6) 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. An state or political subdivision that has issued "bodily injury" or "property damage" included in Y P the "products-completed operations hazard" a permit in connection with premises owned or applies separately to each of your "projects" occupied by, or rented or loaned to, you, but away from premises owned by or occupied by only with respect to "bodily injury", "property you or to each of your "locations" owned by or damage", personal and advertising injury occupied by you. arising out of the existence, ownership, use, 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 because of "property damage" to any one M. General Aggregate Limit — Per Protect Or Per 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 II — LIABILITY apply separately to each consecutive The most we will pay for: 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 Qefinition—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: d. Oral, written or electronic publication, in any Notice of an "occurrence" or of an offense which manner, of material that slanders or libels a may result in a claim will be deemed to be given as person or organization or disparages a soon as practicable to us if it is given in good faith as rson's soon as practicable to your workers' compensation, services; or organizations goods, products or s accident, or health insurer. This applies only if you or services; 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" manner, ht ofrpriv material that violates a person's (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: O. 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 done by or at the Liability And Medical Expenses Definitions is direction of the insured with knowledge of its 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; 50'Of Railroad R. Unintentional Omission 1. The definition of"insured contract" in Section 11 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 i 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 0313 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: (2) Any covered "auto" hired or rented by Any person or organization that you are required to your"employee" under a contract in that include as an additional insured on this coverage individual "employee's" name, with your form in a contract or agreement that is executed by permission, while performing duties you before the "bodily injury" or "property damage" p p g related to the conduct of your business. occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and However, any "auto" that is leased, hired, rented or borrowed with a driver is only to the extent that person or organization qualifies as an "insured" under the Who Is An not a covered"auto". 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, S. 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 0313 Page 2 of 5 i 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 lease/loan payments at the time of (c) The cost of repairing or replacing the the"loss"; damaged or stolen property with other property of like kind and quality. b. Financial penalties imposed under a lease 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". (3) We may deduct for betterment for parts d. Costs for extended warranties, Credit Life normally subject to repair and replacement Insurance, Health, Accident or Disability during the useful life of the "auto". In this Insurance purchased with the loan or lease; event, deductions shall be limited to the and 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 the"auto" is increased from the repair or No deductible for a covered "auto"will apply to glass replacement. damage if the glass is repaired rather than replaced. (4) A deductible equal to the highest Physical I. Personal Effects Coverage 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: (a) Any "auto" that is hired, rented or c. Personal Effects Coverage 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 The following is added to SECTION II — COVERED (2) In or on your covered"auto"; 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 leased without a driver for thirty(30)days or less The following is added to SECTION III—PHYSICAL for the lessor's loss of use of the covered"auto", DAMAGE COVERAGE, A. Coverage, 4. Coverage provided: Extensions: (1) This insurance provides comprehensive, d. Hired Auto Physical Damage Coverage 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 "auto" being damaged in an "accident"while Physical Damage Coverage is extended to 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 this covered extension. (1) The most we will pay for "loss" in any one "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 03 13 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 injury" or "property damage" to which this do business in the jurisdiction where the 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: (1) 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" temporary transportation expense incurred or "property damage' to which this by you because of Physical Damage to a insurance applies, and coverage"auto". (11) 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 tl "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" is known to: contact"is modified as follows: 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.ti.a.is deleted. (3) An executive officer or insurance manager, if you are a corporation. S. Unintentional Errors Or Omissions 0. 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 T. Towing Coverage covered "auto" at the time of the loss or is 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 0313 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 I — 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 to an additional insured on a primary basis, or a each of your "projects" away from premises primary and non-contributory basis, this insur- owned by or occupied by you or to each of your ante shall be available to such additional locations owned by or occupied by you. 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 I I t 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 of payment of the claim or claims involved to the insured must notify us of any of the insured's rights extent of actual payment thereof by all interests. The of recovery against any person or organization.We expenses of all such recoveries and proceedings in shall be subrogated to all such rights. The connection therewith shall be apportioned in the insured shall execute and deliver instruments ratio of respective recoveries. With respect to and papers and do whatever else is necessary to proceedings conducted solely by us, if there is no secure such rights. The insured shall do nothing recovery, we will bear the expense thereof. If there i after loss to prejudice such rights. However we is a recovery, we shall be reimbursed in full from waive any rights of recovery we may have such recovery for the amount of all expenses against any person or organization if the incurred by us before apportionment of such underlying insurance also waives such rights. recovery as herein provided. f t ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPU 304 06 10 Page 2 of 2