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HomeMy WebLinkAbout072417_ca03Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer Agenda Date: July 24, 2017 Subject: Professional Services Contract Execution Center Road Overlay Phase 5 MP 0.00 to 2.26 County Project No. 18019270 Statement of Issue: Professional Services Contract Execution with HWA Geosciences, Inc. of Bothell, Washington for the not to exceed amount of $26,000 for the above referenced project. Analysis/Strategic Goals/Pro's Et Con's: Public Works has evaluated consultant qualifications and selected HWA Geosciences, Inc. to provide asphalt paving material and other testing services to support the Center Road Overlay Phase 5 project. Public Works recommends execution of the contract with HWA Geosciences, Inc. for the not to exceed amount of $26,000. Fiscal Impact/Cost Benefit Analysis: The not to exceed contract amount is $26,000. This will be funded at 90% by the CRAB. The remaining 10% will be funded by the Public Infrastructure Fund. Recommendation: Public Works recommends that the Board execute the professional services agreement with HWA Geosciences, Inc. and return two signed originals to Public Works for further processing. Department Contact: Bruce D. Patterson, P.E., Project Manager, 385-9169. Reviewed By: RPh lip Morley_,_C unty Administrator Date PROFESSIONAL SERVICES AGREEMENT FOR CENTER ROAD OVERLAY PHASE 5 FIELD AND LABORATORY MATERIAL TESTING SERVICES THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and HWA Geosciences Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terns, and conditions hereinafter specified. Project Designation. The Consultant is retained by the County to provide field and laboratory material testing services for the Center Road Overlay Phase 5 project. 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the County to the Consultant to proceed. Consultant receipt of a Purchase Order shall constitute said notice. Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on Exhibit "A" 4. Payment. The Consultant shall be paid by the County for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $26,000 without express written modification of the agreement signed by the County. b. The consultant may submit invoices to the County once per month during the progress of the work for partial payment for project completed to date, up to 80% of total project costs. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this agreement and its acceptance by the County. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. C. The Consultant's records and accounts pertaining to this agreement are to be kept CONSULTANT AGREEMENT Center Road Overlay Phase 5 Page 1 of 6 Field and Laboratory Material Testing Services available for inspection by representatives of the County and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the County whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. Compliance with laws. Consultant shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this agreement. Indemnification. Consultant shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. Insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, policies of insurance as follows: If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Consultant, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Consultant is located. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the COUNTY named as an additional insured in connection with the CONSULTANT'S performance of the contract. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and a aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; CONSULTANT AGREEMENT Center Road Overlay Phase 5 Page 2 of 6 Field and Laboratory Material Testing Services C. Broad Form Contractuat/Commercial Liability — including completed operations; d. Premises — Operations Liability (M&C); C. Independent Contractors and subcontractors; f. Blanket Contractual Liability. The County shall be named as an additional insured party under this policy. Such insurance coverage shall be evidenced by one of the following methods: ' Certificate of Insurance; • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this agreement. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Consultant shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Consultant to take out and/or maintain any required insurance shall not relieve The Consultant from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Consultant. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to the Consultant until such time as the Consultant shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for CONSULTANT AGREEMENT Center Road Overlay Phase 5 Page 3 of 6 Field and Laboratory Material Testing Services extra hazardous contracts and specific service agreements. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Consultant must provide in order to comply with this Agreement. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Consultant refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County. The County may, upon the Consultant's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. 9. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the County shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. 13. Non -Waiver. Waiver by the County of any provision of this agreement or any time CONSULTANT AGREEMENT Center Road Overlay Phase 5 Page 4 of 6 Field and Laboratory Material Testing Services limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. Termination. a. The County reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the County, if the County so chooses. 15. Notices. Notices to the County of Jefferson shall be sent to the following address: Jefferson County Public Works 623 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Steven E. Greene HWA Geosciences Inc. 21312 30th Drive SE, Suite 110 Bothell, WA 98021 16. Integrated Agreement. This Agreement together with attachments or addenda, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both County and Consultant. CTI `► 6Yft �i l►:�,1 I I I:�t] ,7 � 71 u I � L� 1 I 1 Center Road Overlay Phase 5 Page 5 of 6 Field and Laboratory Material Testing Services SIGNATURE PAGE DATED this day of ,20 SIGNATURE PAGE I IN, HWA GeoSciences Inc. Name of Consultant Kathleen Kler, Chair Steven E. Greene Consul tam' resents jvr (Pleas print) (Signature) Vice President Tttle July 17, 2017 Date Kate Dean, Member David W. Sullivan, Member Approved as to form only: (2. C, d4, Philip C. Hunsucker Date Chief Civil Deputy Prosecutor M P.E. Date Public Works Director/Cour Engineer CONSULTANT AGREEMENT Center Road Overlay Phase 5 Page 6 of 6 Field and Laboratory Material Testing Services JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS EXHIBIT A ARCHITECTURAL & ENGINEERING (A&E) SCOPE OF WORK Project Title: Title should reference the Jefferson County Center Road Overlay Phase 5 Project project(s) A&E Agreement#: 1927-HWA-2017 Projected Start Date: May 6, 2017 (Pr -construction meeting) NO work or charges may occur before this date Projected End Date: December 31, 2017 NO work or charges may occur after this date Bruce D. Patterson, P.E. Jefferson County Public Works Jefferson County Public Works Project Manager: 623 Sheridan St. Port Townsend, WA 98368 Tel: (360) 385-9169 Steve Greene, L.G., L.E.G. Consultant Project Manager HWA GeoSciences, Inc 21312 30m Drive SE, Suite 110 & Contact Information: Bothell, WA 98021-7010 (425) 774-0106 A&E project(s) CONSULTANT will Jefferson County Department of Public Works complete deliverables for: Center Road Overlay Phase 5 Project pw l Exhibit A A&E PROJECT DELIVERABLES The CONSULTANT will sample, test, and prepare reports for aggregate, Hot Mix Asphalt (HMA) mixture, and HMA density. The CONSULTANT will provide HMA plant, weighing scale, HMA density inspection and laboratory and field testing required for trench and other excavation backfill material compaction and quality control. Services will be for the Center Road Overlay Phase 5 Project and will be performed in accordance with WSDOT 2016 Standard Specifications, Materials Manual, Construction Manual, and Contract Provisions. The scope of work consists of the following tasks: 1. Preconstruction Meeting 2. HMA Mix Design Review 3. Limited HMA Plant and Scale Inspection 4. Observation and Compaction Testing During Culvert Installation 5. HMA Placement Observation and Compaction Testing 6. Laboratory testing of aggregates and HMA materials The assumed project milestones and schedule constraints are as follows: 1. Anticipated Pre -Construction Meeting Date — July 6 or 7, 2017. 2. Anticipated Construction start date —Between July 17 and July 31, 2017 3. HMA placement between 1500 and 2000 tons per day 4. Paving completed is 5 to 7 Working days Task 01 - Preconstruction Meeting The CONSULTANT will attend and participate in the preconstruction meeting held at the Jefferson County Department of Public Works. Prior to the meeting, the CONSULTANT will review the draft Agenda and identify any Quality Control discussion items that should be included or excluded. Task 01 Assumptions • Jefferson County will prepare the Preconstruction Meeting Agenda and Meeting Minutes. Task 0 Deliverables • Draft agenda comments and meeting participation. Task 02 - HMA Mix Design Review The CONSULTANT will review the Contractor's verified HMA mix design. Task 02 Assumptions • The mix design will have been verified and approved by WSDOT's Material Laboratory or by another acceptable certification method meeting APWA GSP 5.04.3(7)A2 "Nonstatistical and Commercial Evaluation." • Jefferson County will also review the Mix Design for conformance with the Contract Provisions and Standard Specifications. Center Road Overlay Phase 5 Project Page 2 Exhibit A Task 02 Deliverables • Mix Design acceptance recommendation. Task 03 — Limited HMA Plant and Scale Inspection The following work is proposed for this task: The CONSULTANT will observe HMA plant operations when on site for sampling in accordance with the WSDOT Construction Manual Section 5-04.2A "Hot Mix Plant Inspection." The CONSULTANT will observe scale operations in accordance with the WSDOT Construction Manual Section 10-2.2 "Items Measured by Weight," and Standard Specification Section 1- 09.2(5) "Measurement." Task 03 Assumptions • Plant and scale inspection/observation tasks are periodic and can be completed between obtaining and couriering test samples. Task 03 Deliverables • Prepare daily Report of plant and scale inspection/observations using Jefferson County provided electronic form Inspector's Daily Report. Collect Contractor provided Scaleman's Daily Report (WSDOT Form 422-027 Task 04 — Observation and Compaction Testing During Culvert Installation The CONSULTANT will observe the placement and test compaction of the trench backfill materials as they are placed. Task 04 Assumptions • None Task 04 Deliverables • To be negotiated Task 05 — HMA Placement Observation and Compaction Testing The CONSULTANT will observe the placement and test compaction of the HMA with a nuclear density gauge meeting the requirements WSDOT Standard Specification Section 5-04.3(10)B "Control" Task 05 Assumptions A WSDOT approved thin layer nuclear gauge will be used. If a mix to gauge correlation is available for the mix and gauge from a previous project, it may be used to correct the field compaction results. Correlation cores for this project will be made for this project only if specifically authorized by Jefferson county. Cerner Road Overlay Phase 5 Pmjmt Page 3 Exhibit A Task 05 Deliverables Hot Mix Asphalt Compaction Test Report (on Consultant's Density Testing sheet attached to their Daily Field report)). Correlation (if authorized by Jefferson County) — Nuclear Gauge to Core Density (Consultant's Lab Sheet). Rice Density (Summarized in Tabular form and shown on Consultant's Extraction Gradation Plot). Task 06 — Laboratory testing of aggregates and HMA materials The CONSULTANT will sample aggregates and HMA materials, transport the samples to a suitable laboratory, perform the required analysis and provide written reports of the testing results. If significant deviations from the material specifications are observed, the County's project manager will be contacted by telephone and e-mail and informed of the testing results. Task 06 Assumptions A WSDOT approved thin layer nuclear gauge will be used for HMA testing • If a mix to gauge correlation is available for the mix and gauge from a previous project, it may be used to correct the field compaction results. Correlation cores for this project will be made for this project only if specifically authorized by Jefferson county. Task 06 Deliverables • Hot Mix Asphalt Compaction Test Report (on Consultant's Density Testing sheet attached to their Daily Field report)). • Correlation (if authorized by Jefferson County) — Nuclear Gauge to Core Density (Consultant's Lab Sheet). • Rice Density (Summarized in Tabular form and shown on Consultant's Extraction Gradation Plot). • The gradation and moisture density relationship for the of the culvert trench backfill materials Center Road Overlay Phase 5 Pmject Page 4 Exhibit A Task 05 - Laboratory Material Testing The CONSULTANT will conduct the following tests in accordance WSDOT 2016 Standard Specifications, Materials Manual, Construction Manual, and Contract Provisions; rro"dare Ne. Ted Medea tore Q AWuX00Madvle AASHTO T-2 WSDOT FOP for AASHTO for the Sampling of Aggregates AASHTO T- FOP for WAQTC/AASHTO for the Sieve Analysis of Fine & Coarse 6 — HMA Aggregate 27/TI l Aggregates 1 — Shoulder Aggregate AASHTO T 99 or Moisture -Density Relations of Soils 1 — CSBC AASHTO T 180 1 — Gravel Backfill AASHTO T-176 WSDOT FOP for AASHTO for Determining the Plastic Fines in Graded 6 — HMA Aggregate Aggregate by Use of the Sand Equivalent Test 1 — CSBC AASHTO T-248 WSDOT FOP for AASHTO for Reducing Field Samples of Aggregates 6— HMA Aggregate to Testing Size 1 —CSBC AASHTO T-255 WSDOT FOP for AASHTO for Determining the Total Moisture Content 9 — HMA Aggregate of Aggregate by Drying I — CSBC AASHTO T-335 FOP for AASHTO for Determining the Percentage of Fracture in Coarse 6 — HMA Aggregate Aggregate I — CSBC AASHTO T-304 WSDOT FOP for AASHTO Uncompacted Void Content of Fine 6 — HMA Aggregate Aggregates HM Mix Aspba t Module AASHTO T-168 FOP ecrfor r WAQTC/AASHTO for the Sampling Bituminous Paving 6 — Samples AASHTO T-209 WSDOT FOP for AASHTO for Determining the Theoretical Maximum 6 — Test Specific Gravity and Density of Bituminous Paving Mixtures AASHTO T- FOP for WAQTC/AASHTO for the Sieve Analysis of Fine & Coarse 6 — Ignition Furnace 27ID11 Aggregates AASHTO T-40 FOP for WAQTC/AASHTO for Sampling Bituminous Materials 6 - Samples AASHTO T 166 WSDOT FOP for AASHTO Bulk Specific Gravity of Compacted Hot Mix Asphalt Using Saturated Surface Dry Specimens AASHTO T-308 WSDOT FOP for AASHTO for Determining Asphalt Content of Hot 6 Tests Mix Asphalt (PIMA) by the Ignition Method AASHTO T-329 FOP for AASHTO Moisture Content of Hot Mix Asphalt (HMA) by 6 —Ignition Furnace Oven Method WSDOT 712 Standard Method of Reducing Bituminous Paving Mixtures 6 — Ignition Furnace Cerner Road Overlay Phase 5 Project Page 5 Exhibit A Procedure No. Teat Method Teat Queulty WSDOT 716 Method of Random Sampling for Location of Testing and Sampling Sites 6 — Ignition Furnace FOP for AASHTO for Preparing and Determining the Density of Hot- AASHTO T 312 Mix Asphalt (HMA) Specimens by Means of the Superpave Gyratory N/A Compactor Hot Mix Aq&sh Deadly Modula WAQTC TM -8 FOP for WAQTC for In Place Density of Bituminous Mixtures Using the 60 (approx.) Tests Nuclear Moisture Gauge WSDOT 716 Method of Random Sampling for Location of Testing and Sampling Sites 60 (approx.) Tests Task 05 Assumptions • Approximately 6000 Tons of CL 1/2" Dense -Graded I -IMA will be placed. • Prior to construction aggregate and binder will be sampled at the plant to determine oven correction factor (6 buttes). • 8 samples of HMA will be obtained at the plant representing 8 lots. In addition 8 samples of cold feed will be obtained at the same time. HMA to be tested for binder content, Maximum Theoretical Specific Gravity (Rice Density) and Gradation. Cold feed aggregate to be tested for Uncompacted Voids, Sand Equivalent, and Fracture face. • Materials for Crack Sealing, Preleveling, and Approaches will be commercially accepted. a 1 Acceptance test for crushed surfacing base course will be performed. Task 05 Deliverables • WSDOT standard test reports or equivalent reports with test results. Center Road Overlay Phase 5 Pmject Page 6 Exhibit A JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS EXHIBIT B - ARCHITECTURAL & ENGINEERING (A&E) SCOPE OF WORK ESTIMATED HWA GEOSCIENCES LABOR TASK DESCRIPTION HWA Geosciences 2017 Personnel & Rates Total Hours Total Amount Principal 5190.00 Geo. Eng. V11 Geologist I �Qn nn Field Tech I 17nnn Clerical t72 nn Preconstruction Meeting 4 2 4 $430 HMA regateTesting ISE, Fracture, GSA, Uncom acted Voids) 8 $1,120 Observation & Compaction Testing During Culvert Replacement 1 6 20 $570 HMA testin for Rice, Extraction & Grading 21 $1,990 Mix Design Review 2 TOTAL $5,130 2 $380 Ge, CSBC & HMA Aggregate Acceptance & Oven correct. Factor Sampling 0.5 0.5 $95 HMA & Cold Feed Sampling During Construction -6Tri stoPlant 0.5 6 6.5 $515 Asphalt Inspection and In -Place Density Testin1 2 60 36 98 $8,300 Project Management, Review & 1 6 2 8 $1,284 ESTIMATED TOTAL IABORI 16 84 42 2 144 $13,684 LABORATORY TESTING ESTIMATE Total Estimated Labor Milea e(82 miles x 16 trips x$0.535/mile TEST Est. No. Of Test Unit Cost of Test Total Cost GB & CSBC Acceptance: Gradation, Sand Equiv., & CSBC Fracture 2 $220 $440 Moisture Density Relationship for GS & CSSC 2 $215 $430 HMA regateTesting ISE, Fracture, GSA, Uncom acted Voids) 6 $360 $2,160 HMA Oven Correstion Factor 6 $95 $570 HMA testin for Rice, Extraction & Grading 6 $255 $1,530 TOTAL $5,130 ESTIMATED DIRECT EXPENSES Total Estimated Labor Milea e(82 miles x 16 trips x$0.535/mile $702 Ferries 16 trips x $18.20 + 2 passernger farea at $8.20 ea $308 Nuclear Gauge Rental: STD gauge 2 days@ $30/day+Thin Lift Gauge 6 days@ S60/day $42 TOTAL $L430 ESTIMATED PROJECTTOTALS AND SUMMARY Total Estimated Labor $13,684 Total Estimated Laboratory Testing $5,130 Total Estimated Direct Expenses $1,43 Estimated Total SW,244 Center Road Overlay Phase 5 Project Page I Exhibit B SRO o" CERTIFICATE OF LIABILITY INSURANCE GATE IMWDn YYYI 7/17/2017 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 tNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomementis). PRODUCER Orion Insurance Group 3405 188th ST SW Suite #302 INSURED ENA OEOSCIRNCES INC. 21312 30TH DRIVE SE, WA 98037 SUITE 110 qr",e°' Christopher Day iONFM „E-- ". (42S)771-5197 IMR, (425)6]3-642] IHOTE6LL WA 98021-7010 1INSURE11tF: ( ( rnVFRAr.FS r.FRTIFICATF NIIMRFR•CL1771700880 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. am 1TPE OF INSURANCE ADDL SUM POLICY NUMBER PWDD EFF POLICY EXP LNMTO S C01 EMCIAL GENERAL LNBIU1 Y EACH OCCURRENCE f 11000,000 A CWMSAMOE ❑z OCCUR i 300,000 MSD per( 5 5,000 2 T Pn0002638 12/1/2016 12/1/2017 PERSONAL a AM INJURY f 11000,000 GENT. AGGREGATE LINT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POIICV Q JEECCT LOC PRODUCTS -COMPXW AGG f 2,000,000 f AU11" 10110LIABILITY Ea IN f 11000,000 D BODILY INJURY(Pw pow f A Z ANY AUTO AAIJr00 E0 SACUTOESULED HIRED AUTOSNON-OVMED AUTOS I y PY0003635 32/1/1016 12/1/1011 BODILY INJURY (PIN aawa6) f PROPERTY DAMAGE 5 Pw f UMBRELLA LIAR OCCU11 EACH OCCURRENCE f 51000,000 AGGREGATE f 5,000 000 A ; EXCESS LIAR CL11A494VM RETENTION J 5 = T roilem"4 12/1/2019 12/1/2017 96GMON10 C06W 94ATION AND EIMAYERP LIABILITY ANY PROPRIERNWARTNERrEXECUTNE rY-"5 El EACN ACGOBrt f 1,000,000 puree" IN NNR ExCLU0ED9 plrl0asy ) w+A 2fL li/1/2016 l2/1/201] El D6EASE-EA f 11000,000 El UMASE-POLICY UW f 11000,000 N RI�PTOIO OPERATIONSt B Professional Liability 0000003599301 13/3/3836 32/1/2017 f1A00A00Eacn 950,000 clains wade p-000.000 AF." Deductible DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES (ACORD 101, Adaibmal Reman9 Schsetw. May W s09dw Been spwa M Ieeis6) Provide Field and Laboratory material testing services for the Canter Road Overlay Phase 5 Project. Jefferson County Public Works as well as all required parties are listed as additional insureds with primary non-contributory wording except with respect to professional liability and worker -0 compensation. 30 -days notice of cancellation to certificate holder. A blanket waiver of subrogation applies in favor of additional insureds. Jefferson County Public Works 623 Sheridan Street Port Townsend, WA 98368 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE topper Day/CD ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 2.1 I Policy Number PSB0002638 Named Insured: HWA GeoSciences, Inc. RLI Insurance Company 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 an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations, b. In connection with premises owned by or rented to you, or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any 'professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The 'personal and advertising injury' for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The fallowing is added to SECTION 111 K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", 'property damage" or "personal and advertising injury" arising out of "your work' performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the 'bodily injury' or "property damage' occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number PSB0002638 A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. 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 First Aid And Good Samaritan Services Supplementary Payments Reasonable Force - Bodily Injury Or Property Damage Non -Owned Watercraft Canoes Or Rowboats Damage To Premises Rented To You Aircraft Chartered With Crew Electronic Data Liability Who Is An Insured - Newly Acquired Or Formed Organizations Who Is An Insured - Unnamed Partnership Or Joint Venture Additional Insured - Owner, Manager Or Lessor Of Premises Or Leased Equipment Additional Insured - State Or Political Subdivisions - Permits Related To Premises Or Operations General Aggregate Limit - Per Project Or Per Location Knowledge And Notice Of Occurrence Or Offense Amended Bodily Injury Definition Amended Insured Contract Definition - Construction Or Demolition Operations Within 50' Of Railroad Amended Personal And Advertising Injury Definition - Electronic Material Unintentional Omission 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 The following is added to Section II A.I. Business Liability Coverages We will pay those sums that the insured becomes legally obligated to pay as damages because of 'bodily injury" arising out of either the rendering of or failure to render, "First Aid" or "Good Samaritan Services" to any person. For the purposes of this coverage grant, "First Aid" or "Good Samaritan Services" will be deemed to meet the definition of "occurrence". For the purposes of determining the applicable limits of insurance, any act or omission together with all related acts or omissions in the rendering of "First Aid" or "Good Samaritan Services" to any one person will be deemed one "occurrence" . a. "First Aid" means initial care for medical attention immediately following a "bodily injury" b. "Good Samaritan Services" means medical attention provided in an emergency and for which no remuneration is demanded or received. 2. The insurance provided by this provision shall be excess over any valid and collectible other insurance available to any insured whether primary, excess, contingent or any other basis, except for insurance purchased specifically by you to apply in excess of the limits of Insurance shown in the declarations for Business Liability. B. Supplementary Payments Section II A.11 Coverage Extension — Supplementary Payments Paragraphs 1.(b) and 1.(d) are deleted and replaced with the following: (b) Up to $2,500 for the cost of bail bonds required because of accidents or traffic violations arising out of any vehicle to which Business Liability Coverage for "bodily injury' applies. We do not have to fumish these bonds. (d) All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off work. C. Reasonable Force — Bodily Injury Or Property Damage Section II B.1.a. Exclusions, Expected Or Intended Injury, is deleted and replaced by the following: a. Expected or Intended Injury "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' or "property damage" resulting from the use of reasonable farce to protect persons or property. D. Non -Owned Watercraft 1. Section II B.1.g. Exclusions, Aircraft, Auto Or Watercraft Subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Up to seventy-five (75) feet long: and (b) Not being used to carry persons or property for a charge; 2. Only as respects to the insurance provided by this provision C. Who Is An Insured is amended to include as an insured any person who, with your express consent uses the watercraft. 3. The insurance provided by this provision shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for the insurance purchased specifically by you to apply in excess of the Limits of Insurance shown in the declarations for this Coverage Part. E. Canoes Or Rowboats The following is added to the exceptions contained in Section II B.1.g. Exclusions, Aircraft, Auto Or Watercraft: (6) Any non -motorized canoe or rowboat owned by the insured. Only as respects to the insurance provided by this provision C. Who Is An Insured is amended to include as an insured any person who, with your express consent, uses any such canoe or rowboat. F. Damage to Premises Rented to You 1. The last paragraph of Section II B.1. Exclusions — Applicable To Business Liability Coverage is deleted and replaced by the following: PPB 316 02 11 Page 2 of 7 H. Electronic Data Liability 1. Section II B.1.q. Exclusions is deleted and replaced by the following: q. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. 2. The following definition is added to Section II F. Liability And Medical Expenses Definitions: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: 1. Coverage under this provision is afforded only until the one hundred eightieth (180") day after you acquire or form the organization or the end of the policy period, whichever is earlier; 2. Coverage does not apply for "bodily injury" or "property damage" that occurred before you acquired or formed the organization. PPB 316 02 11 Page 3 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 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- ability to properly manipulate "electronic t. The following is added to the exceptions dataresulting 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 1. Section II B.1.q. Exclusions is deleted and replaced by the following: q. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. 2. The following definition is added to Section II F. Liability And Medical Expenses Definitions: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: 1. Coverage under this provision is afforded only until the one hundred eightieth (180") day after you acquire or form the organization or the end of the policy period, whichever is earlier; 2. Coverage does not apply for "bodily injury" or "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 advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. This provision does not apply to any organization for which coverage is excluded by another endorsement to this policy. J. Who Is An Insured — Unnamed Partnership Or Joint Venture 1. The last paragraph of Section 11 C. Who Is An Insured: is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. However this limitation does not apply to your liability with respect to your conduct of the business of any current or past partnership or joint venture: a. That is not shown as a Named Insured in the Declarations, and b. In which you are a member or partner but only if (i) Each and every member or partner in that joint venture or partnership is not a construction contractor. and (ii) The joint venture or partnership is not providing construction contracting services. 2. This provision does not apply to any person or organization for which coverage is excluded by another endorsement to this policy. 3. The insurance provided by this provision shall be excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available covering your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations and which is issued to such partnership or joint venture. K. Additional Insured — Owner, Manager Or Lessor Of Premises Or Leased Equipment Section II C. Who Is An Insured is amended to include as an insured: 1. Any person or organization that you have agreed in a contract or agreement to include as an additional insured on this policy, but: 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 (1) Only if the "bodily injury", "property dam- age" or "personal and advertising injury " is caused, in whole or in part, by you or any person or organization performing operations on your behalf, and arises out of the ownership, maintenance or use of that part of any premises leased to you under that contract or agreement; or (2) The "bodily injury", "property damage" or "personal and advertising injury " is caused, in whole or in part, by you or any person or organization performing operations on your behalf, and arises out of the maintenance, operation or use of equipment leased to you by such additional insured. 2. The insurance provided to such additional in- sured under this provision is subject to the following: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the contract or agreement, or the limits shown in the Declarations, whichever are less; and b. The insurance afforded to such additional insured does not apply: (1) To any "bodily injury" or "property dam- age" that occurs, or "personal and advertising injury" caused by an offense committed, after you cease to be a tenant in that premises; (2) To any structural alterations, construc- tion or demolition operations performed by or on behalf of such additional insured; (3) To any premises for which coverage is excluded by another endorsement to this Coverage Part; (4) To any "bodily injury" or "property dam- age" that occurs, or "personal and advertising injury" caused by an offense committed, after the equipment lease expires; or (5) If the equipment is leased with an operator. 3. This provision does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. PPB 316 02 11 Page 4 of 7 L. Additional Insured — State Or Political Subdivisions — Permits Related To Premises Or Operations Section II C. Who Is An Insured is amended to include as an insured: 1. Any state or political subdivision that has issued a permit in connection with premises owned or occupied by, or rented or loaned to, you, but only with respect to "bodily injury", "property damage", "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations for which that state or political subdivision has issued such permit. 2. Any state or political subdivision that has issued a permit, but only with respect to "bodily injury", "property damage", "personal and advertising injury" arising out of operations performed by you or on your behalf for which that state or political subdivision has issued such permit However, no such state or political subdivision is an insured for: a. "Bodily injury", "property damage", "personal and advertising injury" arising out of op- erations performed for that state or political subdivision; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". M. General Aggregate Limit — Per Project Or Per Location Section II D. Liability And Medical Expenses Limits of Insurance, Paragraph 4. Aggregate Limits. is deleted and replaced by the following: 4. Aggregate Limits The most we will pay for: a. All "bodily injury" and "property damage" that is included in the "products -completed operations hazard" is twice the Liability and Medical Expenses limit. b. All (1) "Bodily injury" and "property damage" except damages because of "bodily in- jury" or "property damage" included in the "products -completed operations hazard"; (2) Plus medical expenses; (3) Plus all "personal and advertising injury" caused by offenses committed; is twice the Liability and Medical Expenses limit. The aggregate limit for all "bodily injury" and "property damage", medical expenses and "personal and advertising injury" other than "bodily injury" or "property damage" included in the "products-ompleted operations hazard" applies separately to each of your "projects" away from premises owned by or occupied by you or to each of your "locations" owned by or occupied by you. "Projects" mean an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" at the same "location" shall be considered a single "project". For the purposes of this provision, "location" 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 3. premises where operations are performed in sections, stages or phases as a continuation of the same contract or agreement, even if the premises do not involve connecting lots. Subject to Paragraph a. or b. above, whichever applies, the Damage To Premises Rented To You Limit is the most we will pay for damages because of "property damage" to any one premises, while rented to you, or in the case of fire; explosion; lightning; smoke resulting from such fire, explosion or lightning; or water while rented to you or temporarily occupied by you with permission of the owner. The Limits of Insurance of SECTION II — LIABILITY apply separately to each consecutive annual period and to any remaining period of less than twelve (12) months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than twelve (12) months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. N. Knowledge And Notice Of Occurrence Or Offense The following is added to Section II E. 2. Liability and Medical Expenses General Conditions, Duties In The Event of Occurrence, Offense, Claim Or Suit: PPB 316 02 11 Page 5 of 7 Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation, accident, or health insurer. This applies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occurrence" or offense may involve this policy. O. Amended Bodily Injury Definition The definition of 'bodily injury" in Section II F.3. Liability And Medical Expenses Definitions is deleted and replaced by the following: "Bodily injury" means injury to the body, sickness, disease, or death. "Bodily injury" also means mental injury, mental anguish, emotional distress, pain and suffering, or shock resulting from injury to the body, sickness, disease or death of any person. P. Amended Insured Contract Definition — Construction Or Demolition Operations Within 50' Of Railroad The definition of "insured F.9.c. Liability And Definitions is deleted following: contract" in Section II Medical Expenses and replaced by the c. Any easement or license agreement 2. The definition of "insured contract" in Section II F.9.f.(1) Liability And Medical Expenses Definitions is deleted. 3. The insurance provided by this provision shall be excess over any valid and collectible Railroad Protective Liability insurance available to an insured , whether primary, excess, contingent or on any other basis, except for the insurance purchased specifically by you to apply in excess of the Limits of Insurance shown in the declarations for this Coverage Part. Q. Amended Personal And Advertising Injury Definition — Electronic Material 1. The definition of "personal and advertising injury" in Section II F.14.d. Liability And Medical Expenses Definitions is deleted and replaced by the following: d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; 2. The definition of "personal and advertising injury" in Section 11 F.14.e. Liability And Medical Expenses Definitions is deleted and replaced by the following: e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy, 3. Section II B.1.p.(2) Exclusions for Personal And Advertising Injury is deleted and replaced by the following: (2) Arising out of oral, written or electronic publication of material if done by or at the direction of the insured with knowledge of its falsity; 4. Section II B.1.p.(2) Exclusions for Personal And Advertising Injury is deleted and replaced by the following: (3) Arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period; R. Unintentional Omission The following is added to SECTION 111 — COMMON POLICY CONDITIONS Paragraph C. Concealment, Misrepresentation Or Fraud (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However as it pertains to Business Liability Coverage only, the unintentional omission of, or unintentional error in, any information provided by 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 Against Others To Us SECTION 111 — COMMON POLICY CONDITIONS Paragraph K.2. Transfer of Rights of Recovery Against Others to Us (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) is deleted and replaced by the following: 2. Applicable to Business Liability Coverage We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage", "personal injury and advertising injury" arising out of: a. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; b. Ongoing and completed operations performed by you, or on your behalf, under a contract or agreement with that person or organization; c. Your "work": or d. "Your products". We waive these rights only where you have agreed to do so as part of a contract or agree- ment entered into by you before the "bodily injury" or "property damage" occurs or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 316 02 11 Page 7 of 7 Policy Number. PSAD001635 Named Insured. HWA GeoSciences, Inc. RLI Insurance Company 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 O. 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 The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.I. Who Is An Insured Provision. Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50°x) or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.I. Who Is An Insured Provision. Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damage' occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an 'insured" under the Who Is An Insured provision contained in SECTION If — COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the -bodily injury' or 'property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or 'loss". provided that the "accident" or 'loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured Provision An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following. b For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own (1) Any covered "auto" you lease, hire, rent or borrow. and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased. hired rented or borrowed with a driver is not a covered "auto". F. Fellow Employee Coverage SECTION II — COVERED AUTOS LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in -force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations. we will pay any unpaid amount due on the lease or loan for a covered "auto", less. PPA 300WA 03 13 Page 2 of 5 1. The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy. and 2. Any a. Overdue leaselloan payments at the time of the "loss b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. c. Security deposits not returned by the lessor: d. Costs for extended warranties. Credit Life Insurance. Health. Accident or Disability Insurance purchased with the loan or lease: and e. Carry-over balances from previous loans or leases. H. Glass Repair — Waiver Of Deductible SECTION III — PHYSICAL DAMAGE COVERAGE. D. Deductible is amended by adding the following. No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. I. Personal Effects Coverage The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage, 4. Coverage Extensions c. Personal Effects Coverage In the event of a total theft lass of your covered "auto we will pay up to $400 for 'loss" to wearing apparel and other personal effects which are: (1) Owned by an "insured", and (2) In or on your covered "auto'; No deductible applies to Personal Effects Coverage J. Hired Auto Physical Damage Coverage The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. d. Hired Auto Physical Damage Coverage If hired 'autos" are covered -'autos" for Liability Coverage and this policy also provides Physical Damage Coverage for an owned "auto". then the Physical Damage Coverage is extended to 'autos" that you hire. rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident' to a hired. rented or borrowed "auto" is the lesser of: (a) $60.000 (b) The actual cash value of the damaged or stolen property as of the time of the "loss", or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in the event of a total "loss". (3) We may deduct for betterment for parts normally subject to repair and replacement during the useful life of the "auto". In this event.. deductions shall be limited to the lesser of (a) An amount equal to the proportion that the expired life of the part to be repaired or replaced bears to the normal useful life of the part: or (b) The amount which the resale value of the "auto" is increased from the repair or replacement. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned auto will apply. (5) This Coverage Extension will not apply to: (a) Any "auto" that is hired, rented or borrowed with a driver: or (b) Any "auto" that is hired. rented or borrowed from your "employee". K. Hired Auto Physical Damage — Loss Of Use The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage Extensions e. We will pay sums which you legally must pay to the lessor of a covered "auto" which you have leased without a driver for thirty (30) days or less for the lessor's loss of use of the covered "auto provided (1) This insurance provides comprehensive, specified causes of loss or collision covered on the covered "auto", (2) The loss of use results from the covered "auto" being damaged in an "accident" while you are leasing it. We will pay up to a maximum limit of $1,500 for this covered extension. L. Hired Car— Worldwide Coverage 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 (1) We will pay all sums an 'insured" legally must pay as damages because of "bodily injury' or "property damageto which this insurance applies, caused by an "accident" which occurs outside of the United States of America, the territories and possessions of the United States of America. Puerto Rico and Canada resulting from the maintenance, or use of any covered "auto' of the private passenger type you lease, hire. rent or borrow without a driver for thirty (30) days or less. (2) With respect to any claim made or "suit" instituted outside the United States of Amenca, the territories and possessions of the United States of America. Puerto Rico, and Canada (a) You shall undertake the investigation, settlement and defense of such claims and "suits" and keep us advised of all proceedings and actions. (b) You will not make any settlement without our consent. (c) We vnll reimburse you (i) For the amount of damages be- cause of liability imposed upon you by law on account of 'bodily" injury" or "property damage" to which this insurance applies, and (ii) For all reasonable expenses incur- red with our consent in connection with the investigation, settlement or defense of such claims or "suits". Reimbursement for expenses will be part of the Limit of Insurance for liability coverage shown in the Busi- ness Auto Coverage Declarations, and not in addition to such limits. (3) The limit of Insurance for Liability Coverage shown in the Business Auto Coverage Declarations is the most we will reimburse you for the sum of all damages imposed on you. as set forth in paragraph 2.c. above. and all expenses incurred by you arising out of any single "accident" or "loss". (4) You must maintain the greater of the following primary auto liability insurance limits (a) Compulsory admitted insurance with limits required to be in force to satisfy the legal requirements of the jurisdiction where the accident occurs, or (b) Insurance limits required by law and issued by a government entity or by an insurer licensed or permitted by law to do business in the jurisdiction where the "accident" occurs, or (c) Auto liability insurance limits of at least $300.000 combined single limit or $100.000 per person/$300.000 per acci- dent Bodily Injury. $100,000 Property Damage. If you fail to comply with the above. this insurance is not invalidated. However, in the event of a "loss", we will pay only to the extent that we would have been liable had you so complied. (5) The insurance provided by this coverage extension is excess over any other collectible insurance available to you whether on a primary excess contingent or any other basis. M. Temporary Transportation Expenses SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, subparagraph a. Transportation Expenses is deleted and replaced by the following. a. Transportation Expenses (1) We will pay up to a maximum of $1.500 for temporary transportation expense incurred by you because of Physical Damage to a coverage 'auto". (2) We will pay only for those covered "autos' for which you carry Comprehensive, Collision or Specified Case of Loss Coverage. (3) We will pay only for those expenses incurred by you during the period of time that begins twenty-four (24) hours after the covered "loss" and ends at the time when the covered "auto" can be reasonable repaired or replaced. (4) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. N. Amended Bodily Injury Definition — Mental Anguish The following is added to SECTION V — DEFINITIONS. Definition C. 'Bodily injury' also includes mental anguish. but only when the mental anguish arises from other bodily injury, sickness or disease. PPA 300WA 03 13 Page 4 of 5 O. Airbag Coverage The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE B. Exclusions 3.a. However, this exclusion will not apply to accidental discharge of an airbag due to mechanical or electrical breakdown. P. Amended Insured Contract Definition — Railroad Easement SECTION V — DEFINITIONS paragraph H. "Insured contact" is modified as follows. 1. Paragraph H.3. is replaced by the following: 3. Any easement or license agreement. 2. Paragraph H.6.a. is deleted. O. Coverage Extensions — Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound SECTION III — PHYSICAL DAMAGE COVERAGE B. Exclusions exception paragraph a. to exclusion 4.c. and 4.d. is deleted and replaced with the following: a. Equipment and accessories used with such equipment, except for tapes. records, discs or other electronic media device, provided such equipment is permanently installed in the covered "auto" at the time of the "loss' or is removable from the housing unit which is permanently installed in the covered "auto" at the time of the "loss'. and such equipment is designed to be solely operated by use of the power from the "autos' electrical system. in or upon the covered 'autos', or R. Notice Of An Knowledge Of Occurrence SECTION IV — BUSINESS AUTO CONDITIONS, A.2. Duties In The Event Of Accident, Claim Suit Or Loss, subparagraph a. is deleted and replaced with the following a. In the event of 'accident', claim, 'suit" or 'loss you must give us or our authorized representative prompt notice of the "accident" or "lossincluding. (1) How, when and where the "accident" or "loss" occurred, (2) The "insured's" name and address, and (3) To the extent possible, the names and addresses of any injured person and witnesses. Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to (1) You, if you are an individual. (2) A partner if you are a partnership, or (3) An executive officer or insurance manager, if you are a corporation S. Unintentional Errors Or Omissions SECTION IV — BUSINESS AUTO CONDITIONS. B. General Conditions; 2. Concealment Misrepre- sentation Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in. any information given by you shall not prejudice your rights under this insurance. However this pro- vision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. T. Towing Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A.2. Towing, is deleted and replaced by the following: 2. We will pay up to $750 for towing and labor costs incurred each time a covered "auto" is disabled due to a covered cause of loss. However a. All labor must be performed at the place of disablement: and b. If the covered auto is a pnvate passenger type no deductible applies, and C. If the covered auto is not of the private passenger type our obligation to pay will be reduced by a $250 deductible per 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. RLIPacO 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 Location Paragraph 2.a. of C. Limits of Liability of SECTION I — INSURING AGREEMENT is deleted and replaced by the following: a. The limit of liability stated in the Declarations as general aggregate is the most we will pay during each policy period for all ultimate net loss, except ultimate net loss because of: (1) injury and damage included in the products - completed operations hazard or; (2) any coverage included in underlying insurance to which no underlying aggregate applies. The general aggregate applies separately to each of your "projects" away from premises owned by or occupied by you or to each of your locations owned by or occupied by you. "Projects" mean an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" at the same "location" shall be considered a single "project". For the purposes of this provision, "location" 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 (3) premises where operations are performed in sections, stages or phases as a continuation of the same contract or agreement, even if the premises do not involve connecting lots. B. Additional Insured —Primary/Non-contributory Paragraph K. Other Insurance of SECTION IV — CONDITIONS is deleted and replaced by the following: K. Other Insurance If other insurance, whether collectible or not, is available to the insured covering a loss also covered by this policy, the insurance afforded by this policy shall be in excess of, and shall not contribute with, such other insurance. However, if the underlying insurance provides coverage to an additional insured on a primary basis, or a primary and noncontributory basis, this insur- ance shall be available to such additional insured on an excess basis over the underlying insurance. We will not share with other insurance which covers such additional insured as a named insured. C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Paragraph L. Subrogation of SECTION IV — CONDITIONS is deleted and replaced by the following: PPU 304 06 10 Page 1 of 2 L. Subrogation In the event of any payment under this policy, the insured must notify us of any of the insured's rights of recovery against any person or organization. We shall be subrogated to all such rights. The insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. However we waive any rights of recovery we may have against any person or organization if the underlying insurance also waives such rights. Any amount recovered through subrogation or otherwise shall be apportioned in the inverse order of payment of the claim or claims involved to the extent of actual payment thereof by all interests. The expenses of all such recoveries and proceedings in connection therewith shall be apportioned in the ratio of respective recoveries. With respect to proceedings conducted solely by us, if there is no recovery, we will bear the expense thereof. If there is a recovery, we shall be reimbursed in full from such recovery for the amount of all expenses 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