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HomeMy WebLinkAboutPK18-044 - Original - HWA GeoSciences - Morrill Meadows & East Hill Park Design Team Meetings - 02/05/2018 e c o rds M � + KENT CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. f you have questions, please contact City Clerk's Office. Vendor Name: H'WA Geociences Vendor Number: JD Edwards Number Contract Number: P�_ - This is assigned by City Clerk's Office Project Name: Morrill Meadows/East Hill Park Design Team Meetings Description: 0 Interlocall Agreement ❑ Change Order ❑ Amendment Z Contract ❑ Other: Contract Effective Date: 1/31/2018 Termination Date: 12/31/2018 Contract Renewal Notice (Days):. 0 Number of days required notice for termination or renewal or amendment Contract Manager: Lynn Osborn/HG Department: Parks Planning & Dev. Contract Amount: 7 640.00 Approval Authority: 0 Department Director ❑Mayor ElCity Council Detail: (i.e. address, location, parcel number, tax id, etc.):. Attendup to six (6. _ ..... _.._.._.._.____�.___.w___ ___w..___.______.___.._ _ .__w_....... _._..._.._.__.______._...__... to provide geotechnical consulting as needed. Division. Contract #PPD18-06 adccW10877_8__14 • KEN T W A S H I N G T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and HWA Geosciences, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and HWA Geosciences organized under the laws of the State of Washington, located and doing business at 21312 30th Drive SE, Suite 110, Bothell, WA 98021 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in attached Exhibit A, incorporated herein, consultant shall attend up to six design team meetings during design completion of the Morrill Meadows-East Hill Park Renovation project, to provide geotechnical consulting services as needed. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $7,640.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Countemarts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the Signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. ............................ CONSULTANT: CITY OF KENT: By: Y.(signature} (signature) Prinf Name: n LViA Print Name:/Hope Gibson Its: Its: Parks Planning & Development (title) Manager DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: JoLyn Gillie Hope Gibson HWA Geosciences City of Kent 21312 30th Dr SE, Ste 110 220 Fourth Avenue South Bothell, WA 98021 Kent, WA 98032 425-774-0106 (telephone) (253) 856-5112 (telephone) JGillie@hwageo.com HGibson@kentwa.gov P:\N-,1ng\M-1H M.ado—\MM-EM Pwk,,Ru,—ation 2016-17111WA Gp(,Schmces Dacs\Mnign CeaU.ch Wqs HWA�COWRACI CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5, Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth a Bove. By signing below, I agree to fulfill the five requirements referenced above, By: For: Title: inc Date: 2-0 1E) EEO COMPLIANCE DOCUMENTS -- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A ff"T", HWA GEOSCIENCES INC. G oltrhni,(1fk-Pavonolf In", -Nrtf? ;"Oc rimnmC111ul-IWNlYLf11VI t;t?0 January 26, 2018 HWA Project No. 2016-021-21 City of Kent 220 Fourth Avenue South Kent, WA 98032 Attention: Hope Gibson, RLA Subject: Scope of Work for Geotechnical Consulting Services Morrill Meadows Improvements Project Kent, Washington Dear Ms. Gibson: In accordance with your request, HWA GeoSciences Inc. (HWA) is pleased to present this scope of work to provide geotechnical consulting services for the Morrill Meadows Improvements Project located at Morrill Meadows Park in Kent, Washington. The City is working with the designers and contractors to finish design for the improvements to existing facilities at the existing community park and new YMCA facilities on the site. During 2017, HWA performed a geotechnical site investigation and provided design recommendations for the project. We understand that the City would like us to provide periodic consulting services as the design is finalized and construction begins. For this we provide the following scope of work. SCOPE OF WORK The geotechnical consultation will include attending up to six team meetings during completion of design. For these meetings, we assume approximately four hours of time for each meeting, plus two hours of preparation and follow up in the form of e-mails for a total of 6 hours per meeting. An additional 4 hours will be included for other correspondence and management of our task including invoicing. This will require 36 hours of time for the project manager and 4 hours for a principal to provide input regarding geotechnical considerations for the project. ASSUMPTIONS: • This scope does not include any construction monitoring services. • Documentation will be in the form of brief e-mails. • No detailed engineering analyses will be required. 21312 30111 Drive sr Suite 110 Bothell,%VA 98021 7010 Tel:425.774.0106 Fax:425.7(4.2714 www.hwageo.com EXHIBIT A(Continued) January 26, 2018 HWA Project No. 2016-021-21 PROJECT BUDGET We estimate that the scope of services proposed herein will require a budget of$7,640 to accomplish. This is based on an hourly billing rate of$190 for the project manager and $200 for the principal. We will perform the proposed services on a time and expense basis against the proposed budget and will not exceed the total budget without your prior authorization. The budget presented in this proposal reflects an estimate based on our current understanding of the project requirements for a scope of work developed from information provided. O.O Thank you again for the opportunity to provide this proposal for project permitting, final design, and construction services. Should you have any questions regarding this proposal, or require additional services, please contact us at your convenience. Sincerely, HWA GEOSCIENCES INC. JoLyn Gillie, P.E. Geotechnical Engineer, Principal 2016-021-21 Morrill Meadows Park Consult.docx 2 of 2 HWA GEOSCIENCES INC. EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 it 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. EXHIBIT B (Continued) B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. EXHIBIT B (Continued) E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. A�® DATE(MM2DIYYYY) CERTIFICATE OF LIABILITY INSURANCE 01/31/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - CONTACT Christopher Day y Orion Insurance Group PHONE (425)771-5197 FAX {425)673-4427 AIC No Ext: A!C No 3405 188th ST SW E-MAIL chrisday@orioninsgroup.com ADDRESS: Suite#302 INSURER(S)AFFORDING COVERAGE NAIC N Lynnwood WA 98037 INSURER A: RLllnsurance 13056 INSURED INSURERB: SWETT-Admiral insurance Company 24856 HWA GeoSciences Inc. INSURER C: 21312 30th Drive SE,Suite 110 INSURER D: INSURER E: Bothell WA 98021-7010 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1712501516 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AIJUL SUBRI POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICYNUMBER MMIDDIYYYY MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE �OCCUR PREMISES Ea occurrence S 1,000,000 MED EXP(Any one person) S 10,000 A Y Y PSB0002638 12/01/2017 12/01/2018 PERSONAL&ADV INJURY s 1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE s 2,000,000 POLICY [g PRO 2,000,000 JECT LOC PRODUCTS s OTHER: Employee Benefits s AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1,000,000 COMB X ANYAUTO BODILY INJURY(Per person) S A OWNED SCHEDULED Y Y PSA0001635 12/01/2017 12/01/2018 BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per acc dent S X UMBRELLA LIAB OCCUR EACH OCCURRENCE S 5,000,000 A EXCESS LIAB HCLAIMS-MADE Y Y PSE0001834 12/01/2017 12/01/2018 AGGREGATE $ 5,000,000 DED RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? NIA Y PS60002638 12101l2017 12/01/2018 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S Professional Liability Claims Made $2.000,000 Each Claim $50,000 B E000003589302 12101/2017 12/01/2018 $2,000.000Aggregate Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Design Team Meetings for Morrill Meadows Park Renovation. The City of Kent,as well as all parties required by contract in addition to their successors,assigns,shareholders,officers,officials,directors,contractors,employees,affiliated companies,members, representatives and agents are listed as additional insureds with primary non contributory wording as well as a waiver of subrogation in their favor. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 ,E ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 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 c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage"occurs, or the"personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSB0002638 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. First Aid And Good Samaritan Services B. Supplementary Payments C. Reasonable Force—Bodily Injury Or Property Damage D. Non-Owned Watercraft E. Canoes Or Rowboats F. Damage To Premises Rented To You G. Aircraft Chartered With Crew H. Electronic Data Liability I. Who Is An Insured—Newly Acquired Or Formed Organizations J. Who Is An Insured—Unnamed Partnership Or Joint Venture K. Additional Insured—Owner, Manager Or Lessor Of Premises Or Leased Equipment L. Additional Insured—State Or Political Subdivisions—Permits Related To Premises Or Operations M. General Aggregate Limit—Per Project Or Per Location N. Knowledge And Notice Of Occurrence Or Offense O. Amended Bodily Injury Definition P. Amended Insured Contract Definition—Construction Or Demolition Operations Within 60'Of Railroad Q. Amended Personal And Advertising Injury Definition—Electronic Material R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us PPB 316 02 11 Page 1 of 7 This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM—SECTION II—LIABILITY AND SECTION III AS IT PERTAINS TO LIABILITY ONLY A. First Aid And Good Samaritan Services a. Expected or Intended Injury 1. The following is added to Section II A.1. "Bodily Injury" or "property damage" Business Liability Coverages expected or intended from the standpoint of We will pay those sums that the insured the insured. This exclusion does not apply becomes legally obligated to pay as damages to "bodily injury" or "property damage" because of"bodily injury"arising out of either the resulting from the use of reasonable force to rendering of or failure to render, "First Aid" or protect persons or property. "Good Samaritan Services" to any person. For D. Non-Owned Watercraft the purposes of this coverage grant, "First Aid" 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 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 (a) Up to seventy-five(75)feet long; and "First Aid" or Good Samaritan Services" to any one person will be deemed one"occurrence" . (b) Not being used to carry persons or a. "First Aid" means initial care for medical property for a charge; attention immediately following a "bodily 2. Only as respects to the insurance provided by injury" this provision C. Who Is An Insured is b. "Good Samaritan Services" means medical amended to include as an insured any person attention provided in an emergency and for who, with your express consent uses the which no remuneration is demanded or watercraft. received. 3. The insurance provided by this provision shall be 2. The insurance provided by this provision shall excess over any valid and collectible other be excess over any valid and collectible other insurance available to the insured, whether insurance available to any insured whether primary, excess, contingent or on any other primary, excess, contingent or any other basis, basis, except for the insurance purchased except for insurance purchased specifically by specifically by you to apply in excess of the you to apply in excess of the limits of Insurance Limits of Insurance shown in the declarations for shown in the declarations for Business Liability. this Coverage Part. B. Supplementary Payments E. Canoes Or Rowboats Section II A.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 because of accidents or traffic violations arising the insured. Only as respects to the insurance out of any vehicle to which Business Liability provided by this provision C. Who Is An Coverage for "bodily injury" applies. We do not Insured is amended to include as an insured have to furnish these bonds. any person who, with your express consent, uses any such canoe or rowboat. (d) All reasonable expenses incurred by the insured at our request to assist in the investigation or F. Damage to Premises Rented to You 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 B.1.a. Exclusions, Expected Or Intended Injury, is deleted and replaced by the following: PPB 316 02 11 Page 2 of 7 Exclusions c.,d.,e.,f.,g.,h.,i.,k.,l.,m.,n. and o. in "Electronic data" means information, facts or SECTION II — LIABILITY do not apply to programs stored as or on, created or used on, or damage by water, fire, explosion, lightning, or transmitted to or from computer software smoke resulting from fire to premises while (including systems and applications software), rented to you, or temporarily occupied by you hard or floppy disks, CD-ROMS, tapes, drives, with permission by the owner_ A separate cells, data processing devices or any other Damage To Premises Rented To You Limit of media which are used with electronically Insurance applies to this coverage as described controlled equipment. in paragraph D. Liability And Medical 3. For the purposes of the coverage provided by Expenses Limits of Insurance in SECTION II— this endorsement, Section II F. Liability And LIABILITY. y 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 by the following: 17."Property damage"means: a. A contract for a lease of premises. However, a. Physical injury to tangible property, that portion of the contract for a lease of including all resulting loss of use of that premises that indemnifies any person or property. All such loss of use shall be organization for damage by water, fire, deemed to occur at the time of the explosion, lightning, or smoke resulting from physical injury that caused it; fire to premises while rented to you or b. Loss of use of tangible property that is temporarily occupied by you with permission not physically injured. All such loss of of the owner is not an"insured contract"; use shall be deemed to occur at the 3. This provision does not apply if coverage for time of the "occurrence" that caused it; Damage To Premises Rented To You is or excluded by another endorsement to this policy. c. Loss of, loss of use of, damage to, G. Aircraft Chartered With Crew corruption of, inability to access, or in- 1. The following is added to the exceptions ability to property manipulate "electronic contained in Section II B.1.g. Exclusions, data", resulting from physical injury to Aircraft,Auto or Watercraft: tangible property. All such loss of "electronic data" shall be deemed to (6) Any non-owned aircraft chartered to you occur at the time of the "occurrence' with a crew including a pilot. that caused it. 2. The insurance provided by this provision shall For the purposes of this insurance, be excess over any valid and collectible other "electronic data"is not tangible property. insurance available to the insured whether 1. Who Is An Insured — Newly Acquired Or Formed primary, excess, contingent or on any other Organizations basis, except for insurance purchased specifically by you to apply in excess of the The following is added to Section II C. Who Is An Limits of Insurance shown in Declarations. Insured: H. Electronic Data Liability Any organization you newly acquire or form, other 1. Section II B.1.q. Exclusions is deleted and than a partnership, joint venture or limited liability replaced by the following: company, over which you maintain ownership or majority interest, will qualify as a Named Insured if q. Electronic Data there is no other similar insurance available to that Damages arising out of the loss of, loss of organization. However: use of, damage to, corruption of, inability to 1. Coverage under this provision is afforded only access, or inability to manipulate "electronic until the one hundred eightieth (180`") day after data" that does not result from physical you acquire or form the organization or the end injury to tangible property. of the policy period, whichever is earlier; 2. The following definition is added to Section II F. 2. Coverage does not apply for "bodily injury" or Liability And Medical Expenses Definitions: "property damage" that occurred before you acquired or formed the organization. PPB 316 02 11 Page 3 of 7 3. Coverage does not apply for "personal and (1) Only if the"bodily injury", "property dam- advertising injury" arising out of an offense age" or "personal and advertising injury committed before you acquired or formed the " is caused, in whole or in part, by you or organization. any person or organization performing 4. This provision does not apply to any operations on your behalf, and arises organization for which coverage is excluded by out of the ownership, maintenance or another endorsement to this policy. use of that part of any premises leased to you under that contract or agreement; J. Who Is An Insured — Unnamed Partnership Or or Joint Venture (2) The"bodily injury", "property damage"or 1. The last paragraph of Section II C. Who Is An "personal and advertising injury " is Insured: is deleted and replaced by the caused, in whole or in part, by you or following: any person or organization performing No person or organization is an insured with operations on your behalf, and arises respect to the conduct of any current or past out of the maintenance, operation or use partnership, joint venture or limited liability of equipment leased to you by such company that is not shown as a Named Insured additional insured. in the Declarations. However this limitation does 2. The insurance provided to such additional in- not apply to your liability with respect to your sured under this provision is subject to the conduct of the business of any current or past following: partnership or joint venture: a. The limits of insurance afforded to such a. That is not shown as a Named Insured in additional insured shall be the limits which the Declarations, and you agreed to provide in the contract or b. In which you are a member or partner but agreement, or the limits shown in the only if Declarations, whichever are less; and (i) Each and every member or partner in b. The insurance afforded to such additional that joint venture or partnership is not a insured does not apply: construction contractor, and (1) To any "bodily injury" or "property dam- (ii) The joint venture or partnership is not age" that occurs, or "personal and providing construction contracting advertising injury" caused by an offense services. committed, after you cease to be a tenant in that premises; 2. This provision does not apply to any person or organization for which coverage is excluded by (2) To any structural alterations, construc- anotherendorsement to this policy. tion or demolition operations performed by or on behalf of such additional 3. The insurance provided by this provision shall insured; be excess over any valid and collectible other (3) To any premises for which coverage is insurance, whether primary, excess, contingent excluded by another endorsement to or on any other basis, which is available this Coverage Part; covering your liability with respect to your conduct of the business of any current or past (4) To any 'bodily injury" or "property dam- partnership or joint venture that is not shown as age" that occurs, or "personal and a Named Insured in the Declarations and which advertising injury" caused by an offense is issued to such partnership or joint venture. committed, after the equipment lease K. Additional Insured — Owner, Manager Or Lessor expires; or Of Premises Or Leased Equipment (5) If the equipment is leased with an Section II C. Who Is An Insured is amended to operator. include as an insured: 3. This provision does not apply on any basis to 1. Any person or organization that you have any person or organization for which coverage agreed in a contract or agreement to include as as an additional insured specifically is added by an additional insured on this policy, but: another endorsement to this policy. a. Only with respect to liability for"bodily injury" or "property damage" that occurs, or "personal and advertising injury" caused by an offense committed, after you have entered into that contract or agreement; and PPB 316 02 11 Page 4 of 7 L. Additional Insured — State Or Political is twice the Liability and Medical Expenses Subdivisions — Permits Related To Premises Or limit. Operations The aggregate limit for all "bodily injury" and Section II C. Who Is An Insured is amended to "property damage", medical expenses and include as an insured: "personal and advertising injury" other than 7. Any state or political subdivision that has issued "bodily injury" or "property damage" included inthe "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 damage", "personal and advertising injury" you or to each of your "locations" owned by or arising out of the existence, ownership, use, occupied by you. maintenance, repair, construction, erection or "Projects' mean an area away from premises removal of advertising signs, awnings, canopies, owned by or rented to you at which you are cellar entrances, coal holes, driveways, performing operations pursuant to a contract or manholes, marquees, hoist away openings, agreement. For the purposes of determining the sidewalk vaults, elevators, street banners or applicable aggregate limit of insurance, each decorations for which that state or political "project" at the same "location" shall be subdivision has issued such permit. considered a single"project". 2. Any state or political subdivision that has issued For the purposes of this provision, "location" a permit, but only with respect to "bodily injury", means "property damage", "personal and advertising 1. premises involving the same or connecting injury" arising out of operations performed by lots; you or on your behalf for which that state or political subdivision has issued such permit. 2. premises where connection is interrupted However, no such state or political subdivision is only by a street, roadway, waterway or right- an insured for: of-way of a railroad; or a. "Bodily injury", "property damage", "personal 3. premises where operations are performed in and advertising injury" arising out of op- sections, stages or phases as a continuation erations performed for that state or political of the same contract or agreement, even if subdivision; or the premises do not involve connecting lots_ b. "Bodily injury' or "property damage" Subject to Paragraph a. or b. above, whichever included within the "products-completed applies, the Damage To Premises Rented To operations hazard". You Limit is the most we will pay for damages M. General Aggregate Limit — Per Project Or Per because of "property damage" to any one Location premises, while rented to you, or in the case of 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 — The most we will pay for: LIABILITY apply separately to each consecutive 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 0211 1 Page 5 of 7 Notice of an "occurrence" or of an offense which 3. The insurance provided by this provision shall may result in a claim must be given as soon as be excess over any valid and collectible Railroad practicable after knowledge of the "occurrence" or Protective Liability insurance available to an offense has been reported to you, one of your insured , whether primary, excess, contingent or "executive officers" (if you are a corporation), one of on any other basis, except for the insurance your partners who is an individual (if you are a purchased specifically by you to apply in excess partnership), one of your managers (if you are a of the Limits of Insurance shown in the limited liability company), one of your trustees who is declarations for this Coverage Part. an individual (if you are a trust), or an "employee" q. Amended Personal And Advertising Injury (such as an insurance, loss control or risk manager Definition—Electronic Material or administrator) designated by you to give such notice. 1. The definition of "personal and advertising Knowledge by any other "employee" of an "occur- injury" in Section 11 F.14.d. Liability And rence" or offense does not imply that you also have Medical Expenses Definitions is deleted and such knowledge. replaced by the following: Notice of an "occurrence" or of an offense which d. Oral, written or electronic publication, in any may result in a claim will be deemed to be given as manner, of material that slanders or libels a soon as practicable to us if it is given in good faith as person or organization or disparages a soon as practicable to your workers' compensation, person's or organization's goods, products 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 11 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, of material that violates a person's (such as an insurance, loss control or risk manager right of privacy; 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. "Bodilyinjury" also means mental And Advertising Injury is deleted and replaced ry 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 II The following is added to SECTION III — COMMON F.9.c. Liability And Medical Expenses POLICY CONDITIONS Paragraph C. Concealment, Definitions is deleted and replaced by the Misrepresentation Or Fraud (BUT APPLICABLE following: ONLY TO SECTION II—LIABILITY) c. Any easement or license agreement However as it pertains to Business Liability 2. The definition of"insured contract" in Section II Coverage only, the unintentional omission of, or F.9.f.(1) Liability And Medical Expenses unintentional error in, any information provided by Definitions is deleted. you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. PPB 316 02 11 Page 6 of 7 S. Waiver Of Transfer Of Rights Of Recovery b. Ongoing and completed operations Against Others To Us performed by you, or on your behalf, under a SECTION III — COMMON POLICY CONDITIONS contract or agreement with that person or Paragraph K.2. Transfer of Rights of Recovery organization; Against Others to Us (BUT APPLICABLE ONLY c. Your"work"; or TO SECTION II — LIABILITY) is deleted and d. "Your products". replaced by the following: 2. Applicable to Business Liability Coverage: We waive these rights only where you have agreed to do so as part of a contract or agree- We waive any rights of recovery we may have ment entered into by you before the "bodily against any person or organization because of injury" or "property damage" occurs or the payments we make for "bodily injury", "property "personal and advertising injury" offense is damage", "personal injury and advertising injury" committed. arising out of: a. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 316 02 11 Page 7 of 7 Policy Number: PSA0001635 RLI Insurance Company Named Insured: HWA GeoSciences, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair—Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage—Loss Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition—Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition—Railroad Easement Q. Coverage Extensions—Audio,Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300WA 03 13 Page 1 of 5 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured We waive any right of recovery we may have against The following is added to the SECTION II — any person or organization to the extent required of COVERED AUTOS LIABILITY COVERAGE, Para- you by a contract executed prior to any"accident" or graph A.1.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.I.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 5.1b. 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.I.Who Is An Insured Provision: Any person or organization that you are required to (2) Any covered "auto" hired or rented by include as an additional insured on this coverage your employee" under a contract in that individual "employee's" name, with your form in a contract or agreement that is executed by you before the 'bodily injury' or "property damage" permission, while performing duties occurs is an "insured" for liability coverage, but only related to the conduct of your business. for damages to which this insurance applies and However, any "auto" that is leased, only to the extent that person or organization hired, rented or borrowed with a driver is not a covered "auto". qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — F. Fellow Employee Coverage COVERED AUTOS LIABILITY COVERAGE. SECTION II — COVERED AUTOS LIABILITY The insurance provided to the additional insured will COVERAGE, Exclusion B.S. does not apply if you be on a primary and non-contributory basis to the have workers compensation insurance in-force additional insured's own business auto coverage if covering all of your employees. you are required to do so in a contract or agreement G. Auto Loan Lease Gap Coverage that is executed by you before the "bodily injury" or "property damage"occurs. SECTION III — PHYSICAL DAMAGE COVERAGE, D. Blanket Waiver Of Subrogation C. Limit Of Insurance, is amended by the addition of the following: The following is added to the SECTION IV — In the event of a total "loss" to a covered "auto" BUSINESS AUTO CONDITIONS, A. Loss shown in the Schedule of Declarations, we will pay Conditions, 5. Transfer Of Rights Of Recovery any unpaid amount due on the lease or loan for a Against Others To Us: covered "auto", less: PPA 300WA 03 13 Page 2 of 5 1. The amount paid under the PHYSICAL (a) $60,000 DAMAGE COVERAGE section of the policy; (b) The actual cash value of the damaged and or stolen property as of the time of the 2. Any: "loss'; or a. Overdue leaselloan payments at the time of (c) The cost of repairing or replacing the the"loss"; damaged or stolen property with other b. Financial penalties imposed under a lease property of like kind and quality. for excessive use, abnormal wear and tear (2) An adjustment for depreciation and physical or high mileage. condition will be made in the event of a total c. Security deposits not returned by the lessor; "loss". d. Costs for extended warranties, Credit Life (3) We may deduct for betterment for parts Insurance, Health, Accident or Disability normally subject to repair and replacement Insurance purchased with the loan or lease; during the useful life of the "auto". In this and event, deductions shall be limited to the lesser of: e. Carry-over balances from previous loans or (a) An amount equal to the proportion that leases. the expired life of the part to be repaired H. Glass Repair—Waiver Of Deductible or replaced bears to the normal useful SECTION III — PHYSICAL DAMAGE COVERAGE, life of the part; or D. Deductible is amended by adding the following: (b) The amount which the resale value of No deductible for a covered "auto"will apply I to lass the"auto" is increased from the repair or g damage if the glass is repaired rather than replaced. replacement. I. Personal Effects Coverage (4) A deductible equal to the highest Physical Damage deductible applicable to any owned The following is added to SECTION III — PHYSICAL auto will apply. DAMAGE COVERAGE, A. Coverage, 4. Coverage (5) This Coverage Extension will not apply to: Extensions: c. Personal Effects Coverage (a) Any "auto" that is hired, rented or borrowed with a driver; or In the event of a total theft loss of your covered (b) Any "auto" that is hired, rented or "auto we will pay up to$400 for"loss"to wearing borrowed from your"employee". apparel and other personal effects which are: (1) Owned by an "insured'; and K. Hired Auto Physical Damage—Loss Of Use (2) In or on your covered "auto'; The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage No deductible applies to Personal Effects Extensions: Coverage. e. We will pay sums which you legally must pay to J. Hired Auto Physical Damage Coverage the lessor of a covered "auto" which you have The following is added to SECTION III —PHYSICAL leased without a driver for thirty (30) days or less DAMAGE COVERAGE, A. Coverage, 4. Coverage for the lessor's loss of use of the covered "auto", Extensions: provided: d. Hired Auto Physical Damage Coverage (1) This insurance provides comprehensive, specified causes of loss or collision covered If hired "autos" are covered "autos" for Liability on the covered"auto"; Coverage and this policy also provides Physical (2) The loss of use results from the covered Damage Coverage for an owned "auto", then the "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 (1) The most we will pay for "loss" in any one this covered extension. "accident" to a hired, rented or borrowed L. Hired Car—Worldwide Coverage "auto" is the lesser of: The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage Extensions: PPA 300WA 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, and Canada: extension is excess over any other collectible insurance available to you (a) You shall undertake the investigation, whether on a primary, excess contingent or settlement and defense of such claims any other basis. and "suits" and keep us advised of all M. Temporary Transportation Expenses proceedings and actions. (b) You will not make any settlement SECTION III — PHYSICAL DAMAGE'COVERAGE, without our consent. A.4. Coverage Extensions, subparagraph a. Transportation Expenses is deleted and replaced (c) We will reimburse you: by the following: (i) For the amount of damages be- a. Transportation Expenses cause of liability imposed upon you (1) We will pay up to a maximum of $1,500 for by law on account of"bodily" injury" temporary transportation expense incurred or "property damage" to which this by you because of Physical Damage to a insurance applies, and coverage"auto". (ii) For all reasonable expenses incur- (2) We will pay only for those covered "autos" red with our consent in connection for which you carry Comprehensive, with the investigation, settlement or defense of such claims or "suits". Collision or Specified Case of Loss Reimbursement for expenses will be Coverage. part of the Limit of Insurance for (3) We will pay only for those expenses incurred liability coverage shown in the Busi- by you during the period of time that begins ness Auto Coverage Declarations, twenty-four (24) hours after the covered and not in addition to such limits. "loss" and ends at the time when the (3) The limit of Insurance for Liability Coverage covered "auto" can be reasonable repaired shown in the Business Auto Coverage or replaced. Declarations is the most we will reimburse (4) This coverage does not apply while there you for the sum of all damages imposed on are spare or reserve"autos" available to you you, as set forth in paragraph 2.c. above, for your operations. and all expenses incurred by you arising out N. Amended Bodily Injury Definition — Mental of any single"accident"or"loss". Anguish (4) You must maintain the greater of the The following is added to SECTION V — following primary auto liability insurance DEFINITIONS, Definition C.: limits: (a) Compulsory admitted insurance with "Bodily injury also includes mental anguish, but only limits required to be in force to satisfy when the mental anguish arises from other bodily the legal requirements of the jurisdiction injury, sickness or disease. where the accident occurs; or PPA 300WA 03 13 Page 4 of 5 O. Airbag Coverage (1) How, when and where the "accident" or The following is added to SECTION III —PHYSICAL "loss"occurred; DAMAGE COVERAGE B. Exclusions 3.a.: (2) The"insured's" name and address; and However, this exclusion will not apply to accidental (3) To the extent possible, the names and discharge of an airbag due to mechanical or addresses of any injured person and electrical breakdown. witnesses. P. Amended Insured Contract Definition — Railroad Your duty to give us or our authorized Easement representative prompt notice of the"accident" or SECTION V — DEFINITIONS paragraph H. "Insured "loss" applies only when the "accident" or "loss" contact" is modified as follows: is known to: 1. Paragraph H.3. is replaced by the following: (1) You, if you are an individual; 3. Any easement or license agreement. (2) A partner if you are a partnership; or 2. Paragraph H.6.a. is deleted. (3) An executive officer or insurance manager, if you are a corporation. S. Unintentional Errors Or Omissions Q. Coverage Extensions — Audio, Visual And Data SECTION IV— BUSINESS AUTO CONDITIONS, B. Electronic Equipment Not Designed Solely For General Conditions; 2. Concealment Misrepre- The Production Of Sound sentation Or Fraud is amended by adding the SECTION III — PHYSICAL DAMAGE COVERAGE following: B. Exclusions, exception paragraph a. to exclusion The unintentional omission of, or unintentional error 4.c. and 4.d. is deleted and replaced with the in, any information given by you shall not prejudice following: your rights under this insurance. However this pro- a. Equipment and accessories used with such vision does not affect our right to collect additional equipment, except for tapes, records, discs or premium or exercise our right of cancellation or other electronic media device, provided such nonrenewal. equipment is permanently installed in the 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 03 13 Page 5 of 5 Policy Number: PSE0001834 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS EXCESS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. General Aggregate Limit— Per Project Or Per Location B. Additional Insured—Primary/Non-contributory C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM A. General Aggregate Limit — Per Project Or Per (3) premises where operations are performed in Location sections, stages or phases as a continuation Paragraph 2.a. of C. Limits of Liability of SECTION of the same contract or agreement, even if 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: I K. Other Insurance (1) injury and damage included in the products- If other insurance, whether collectible or not, is completed operations hazard or; available to the insured covering a loss also (2) any coverage included in underlying covered by this policy, the insurance afforded by insurance to which no underlying aggregate this policy shall be in excess of, and shall not applies. contribute with, such other insurance. However, The general aggregate applies separately to if the underlying insurance provides coverage each of your "projects" away from premises to an additional insured on a primary basis, or a owned by or occupied by you or to each of your primary and non-contributory basis, this insur- locations owned by or occupied by you. ance shall be available to such additional insured on an excess basis over the underlying "Projects" mean an area away from premises insurance. We will not share with other owned by or rented to you at which you are insurance which covers such additional insured performing operations pursuant to a contract or as a named insured. agreement. For the purposes of determining the C. Waiver Of Transfer Of Rights Of Recovery applicable aggregate limit of insurance, each Against Others To Us "project' at the same "location" shall be considered a single"project'. Paragraph L. Subrogation of SECTION IV — For the purposes of this provision, "location" CONDITIONS is deleted and replaced by the means following: (1) premises involving the same or connecting lots; (2) premises where connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad; or PPU 304 06 10 Page 1 of 2 L. Subrogation Any amount recovered through subrogation or In the event of any payment under this policy, the otherwise shall be apportioned in the inverse order insured must notify us of any of the insured's rights of payment of the claim or claims involved to the of recovery against any person or organization. We extent of actual payment thereof by all interests. The shall be subrogated to all such rights. The expenses of all such recoveries and proceedings in insured shall execute and deliver instruments connection therewith shall be apportioned in the and papers and do whatever else is necessary to ratio of respective recoveries. With respect to secure such rights. The insured shall do nothing proceedings conducted solely by us, if there is no after loss to prejudice such rights. However we recovery, we will bear the expense thereof. If there waive any rights of recovery we may have is a recovery, we shall be reimbursed in full from against any person or organization if the such recovery for the amount of all expenses underlying insurance also waives such rights. incurred by us before apportionment of such recovery as herein provided. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPU 304 06 10 Page 2 of 2