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.
Its �'1'-e�V'"-i Its Public Works Director
(title) tle)0/
DATE: 2-491 --2 DATE:
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
Kent Law Department
HWA Geokjeoces-Lk Mendain FsWeS.hutted I/ScnImcher
AMENDMENT - 2 OF 2
OHO3V 10 srlJew peJ81e16eJ Gin 0901 pug eweu OHOOV 841 (solo In)SZ OHOOV
OAJaeoJ slt(0 J JIV *NOIIVHgdklgO OHO V 0 -906L
Aia(3/'ya�aa�egddolslayp :uopua)IV
�/' 'V _ � aMIVIN7Ntlueaa a311NOHlfm_
'SNOISIA011d 0110d 91-11 HI1M HONVUH000V ZE096 VM 13ua)l
NI 09H3A1130 30 111M 310110N 'd031:13H1 31V0 1WILVWIdX3 3H1 lew1S aMOD ISOM 004
HHOdHB 03113ONVO 39 8310110d 03911:110830 3A0eV 3H1 d0 ANV OinOHB BulJaaul6u3 S%JOM 011qnd lueyl to A110
NOIJV1133NVO H301014 31V3)d11H30
•spolnsul lauoplppe
to JoAel ul salldds uolleBagns to MAIM IelIu819 'Joploy aleDllllJoo of uollgllaouso to eollou shp-0£ 'BulploM AJoInglJtuoD-uou AJawlld
411M poinsul leualtlppe us Se p81911 OJe spaJnsul(guo)I)ppe so pelsll oJa sallied paJlnbei lle pus 9ulJeeul8u3 stlJoM Dllgnd WON 10 4110
u009nl9A3 86eul9JO 90181193 ualpllaW 84e1 :10010)d
(pulnbal of ooado aJOW II'alnpo4oa INJaA*H foucPM'10t OHODV 4sapV)83101H3A I SNOI LVOO11 sN0uvuad0 dO NOudluos30
apponpea 000109E ap(la,sBV 000'000'ZS
eOuoinD.1O4M000'000'LS LWO/ZL 91/1.01ZL I0E699E000003 .00W$w!epA4nga!]p4u6!uolw4f 8
Mgpq:rWLLVtl 3a0 i0 NOLLdltl0a3a
000,000,E S 11WI1 A0110d-38a3S10'1'3 J.FW alpomp',PA 11
bm ul
000,000,L S 33AO1dW3 V3.3SV3SI(3'1'3 YIN H3QX3Y1fd33IAd0
l
000,00011 —E IN30100V HOV3'1'3 NIA 3AlL103%3 ninvild=210i"3 ANY
— LL/1021 9L1LORl 9E9Z0008Sd unieYl] atlaxo]dW3 aar
$ tlQ 91oY1 ?b X NO11V6NadWaa Btl3NbOM t/
$ E NiiO11N3L3u 030
OOD`000`E S 31Y03l1DDV 30—W-S—VA V10 aan va37%3.1X
000,0001E �9 30N3HHn00oHOy3 LL1IO2L 9LI1021 bEeL0003Sd X X unDoo X aan a]]atlann X
_-- w SO1nV
! ..-_ aavxvO�,ttlgdpV6 03NAtQ•fJON SD Inv n3HOl
sOlnv SOJnYt
E OuaPIOaaLedlAHM)A1100a a3NMQIIVi
03�l1071-YJS---- 11
$ (uOIAd Ad)AWN[A]1009 OInvANV X
OQO'OOQ'l ; I1=10D) LLIL02L 9LlLQ1ZL SCROOOVSd _ _X X Amami a]!aoncina V
—.� _ liHl]31nMa 03NI6W00
$ 001 , _ -OHd(_x AXIOd
OOO.QQ�Z
' ' E OOV dOIJA00•SIOn00Hd :H3d S1116011WI131"3HDDY I.N3D
__. _ -
000,OQO'Z S 31v03u99Y1VH3N30
_000'000'L S A_uml MY I WNOSH3d Hn000�X ) 30YW-SWIV-1
Q001S —$ (uound Info AuaJ dX3'03W _ -
I6411=36031839IW3Hd ALIl1evl11YH3N3DWI3U3WW00 X
OOO'OQE $ ---.--DPW310_?A 4PYW O.
000,000,E tj 30N3HHnD00 HOV3 LtJWIZL 91.I Lola 9£9Z0008Sd X X AJI]IBYII ]tlbaN90 V
Sum (IUCfJGrLStid O-19A.'InOdl -- H38W11NAOnOd — i,n,n 30NYHnSN1d03dh1
d7f3 Aa1lOd di3 A0170d liana VInY IfC1Y1
'SWNID 01Vd AB 03Dl103w N339 3AVH kVW NMOHS 811WI1'S20110d HOnS 30 SN01110NOO aNV$N01901DX3
'SWw31 3Hl11V Ol 1D3PSns SI N13HRH 0391HOS3a S330110d 31-11 AS 0301:1033V 30NVwn8N1 3141'MV1H3d Am w0 03nsm 39 AVW 31VOIJUL130
SIHI HDIHM Ol 103d83w H11M 1N3WI1000 H3H10 HO i0Vw1N00 ANY 30 N0IUONOD w0 WL131 '1N3N3100311 ANV EIN10NVISH1IM10N '(131V3IONI
00Iw3d A0110d 3H1 1:103 3A08V 03VWN 03wnSNI 3H101 03nSSl NB99 3AVH M0138 031SI1 30NVwnSM 30 S31D110d 3H1 1VH1 Ad11b30 01 SI SIHI
H38WfIN NOISIA3H 4096L :w38WnN 31V01d1030 S3JVH3A03
a b3tlnSNl
3 u3laishr
.a tlaHns►a OLOL-LZO96 VM 11314108
au31'rm OLL 311nS'39 3AIw0 H10C ZLCLZ
9986Z AuadwooeDusinsull9jIwpV : aH3unsM -- --'0NIS30N310803JCOM�H
960Zb eoulunsulIlN ' YtlwnsM
M OWN 3DaHHAOD DN10a0adv(s)H3HlISNI LE098 VM 000MNNAl
_ woo'dmosuluo As s J MS 1S H1B8
—_____sc3{111oY ZO£tl 311S
— _ 1 O® 0 140 x'"'3 I SabE
LZbb-CL9(SZb) .tom xYJ LB Ls-ILL W) „ Naw 'ONI'diricim 30NVHf1SNI NOIHO
S1J40 lOvuNxJ Lt9t•-CIS IGW:xad 161;ILL M11)'4004d ua'%tooad
•(e)Iumeatopuo 4ons to nail ul Japla4 01e01111Jeo
194101 6146N Jaluao IOU neap eteollWOO e141 uo luewelele V 'Iuawampue us agnbeJ Am aelollod ulapea'Aallad a4l 10 ¢uoplpuOD pua MAGI 841
of 1Da(gns '03AMM S)NOl1YJOHSnS A'POaJopuo oq lenw (sol)AOOOd o41 '03unSNl 1VN01UaOV ua 61 Japl04 e100111140O e41 11 :M111:10dWl
'w3010H 31VOIj111130 31-11 ONV'w30naoWd NO 3AIIV.LN3S3wd3H
03ZIHOHlnv '(s)w3wnSNI 10NInS81 SIHI N33MI38 L3VNJNO0 V 31(1111SN00 ION 930a 30NVwnSNI 10 31V01dIIU33 SIHI 'MO138
S310110d SIHI A8 030HOddV 30VH3A00 3H1 E1311V NO ON3IX3 '0N3WV A13A11VD3N w0 A13AIIVWH(ddV ION 9300 31VOIdll930
SIHl'H301OH 31V01d11WHO3141NOdn S1HDIH ON SH3dN000NV AINONOIIVWHOdNI d0 w311VWV SV 03nSS1 Si 31V0Idllw30 SIHI
ctoareut° 3JNvunSN1 All118d11 :10 31d31:111a33
Policy Number: PSB0002638 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
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