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HomeMy WebLinkAbout001176 Original Contract 0City of Port Angeles Record # 001176 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CIry OF PORT ANGELES AND NORTHWESTERN TERRITORIES, INC. PSA-201 7-01 Professional Services Agreement RELATING TO: GEOTECHNICAL SURVEYING AND INSPECTION SERVICES THIS AGREEMENT is made and entered into, by and between THE Clry OF PORT ANGELES, a non-charter code city of the State of Washington, (hereinafter called the "C|TY") and Northwestern Territories, lnc., a Washington corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT'). WHEREAS, the CITY desires engineering and consulting assistance related to construction inspection and materials testing. WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm to perform the Scope of Services as detailed in Exhibit A, and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and/or other appticable requirements, and WHEREAS, the CONSULTANT represents lhat it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW THEREFORE, in consideration of the above representations and the lerms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF SERVICES General Scope. The Consultant will accomplish the work as described in scope of services atlached in Exhibit A. The CITY may review the CONSULTANT'S services, and if they do not meet the Professional Standard of Care the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section Xll of this Agreement. Any changes made necessary due to causes outside the CONSULTANT'S reasonable control shall be provided as an extra work herein. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the engineering profession for similar services on similar projects of like size and nature and in compliance with applicable federal, state and local laws. The Scope of Services may be amended upon written approval of both parties. Page t of7 Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of the work with the exception of those standard details and specifications regularly used by the CONSULTANT in its normal course of business shall upon payment of all amounls rightfully owed by the CITY to the CONSULTANT herein become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the CITY or by others acting through or on behalf of the CITY, will be at the CITY's sole risk. II OWNERSHIP OF OOCUMENTS III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Agreement by both parties and written direction to proceed from CITY and the duration of the Agreement shall extend through December 31 , 2017. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and profit plus CONSULTANI'S direct non-salary reimbursable costs as set forth in the attached Exhibit C. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. lnvoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non-salary direct costs; shall indicate the specific task or activity in the Scope of Service to which the costs are related; and shall indicate the cumulative total for each task. C. TheClTYshall review the invoices and make payment forthe percentage of the project that has been completed less the amounts previously paid. D. The CONSULTANT invoices are due and payable within 30 days of receipt. ln the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT will be made affer the completion of the work and acceptance by the CITY. F. Payment for "Extra Work" performed under Section Xll of this Agreement shall be as agreed to by the parties in writing. I I I Page 2 ol7 VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non-salary reimbursable costs and outside services, shall not exceed the maximum sum of $40,500.00 The budget for each task is as set forth in the attached Exhibit B. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed 940,500.00. VII INDEPENOENT CONTRACTOR STATUS The relation created by this Agreement is that of owner-independent contractor. The CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by the CITY to its employees. The CONSULTANT, as an independent contractor, has lhe autholity to control and direct the performance within the Scope of Service. The CONSULTANT shall assume full responsibility for payment of all Federal, Stale, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income lax. VIII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. ln performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the CITY'S written consent. IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-discriminatory treatment of all persons, withoul respect to race, creed or national origin, or other legally protecled classification and, in particular: A. The CONSULTANT shall maintain open hiring and employmenl practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/af{irmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requiremenls in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. P.ge 3 ol7 X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the ClW. B. ln all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of CONSULTANT'S obligations under this Agreement, inctuding the nondiscrimination requiremenls. XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the Scope of Services. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by wriften amendments to this Agreement executed by both parties. XII EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this Agreement, in addition to the Scope of Services set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is execuled by both parties. XIII TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the CONSULTANT's designated representative at the address provided by the CONSULTANT. As a condition precedent to termination for cause the CONSULTANT shall be given the notice period to cure such cause and shall have failed to so cure. B. ln the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the work completed. C. ln the event this Agreement is lerminated prior to completion of the work, documents that are the property ofthe CITY pursuant to Section Il above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XIV INDEMNIFICATION/HOLD HARMLESS CONSULTANT shall defend, indemniff and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including atlorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. Page 4 of 7 The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, reasonable attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the CITY, the CITY's employees, or agenls in connection with the work performed under this Agreement. lf the negligence or willful misconduct of both CONSULTANT and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.1'15, 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 ofthe CONSULTANT, the CITY, and the ofricers, officials, employees, and volunteers of either, the CONSULTANTS liability hereunder shall be only to the extent of the CONSULTANT'S negligence. lt is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT'S waiver of immunily under lndustrial lnsurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. XV INSURANCE No Limitation. CONSULTANT'S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. A. MINIMUM SCOPE OF INSURANCE Consultanl shall obtain insurance of the types described below 1. Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on lnsurance Services Office (lSO) form CA 00 01 or a substilute form providing equivalent liability coverage. lf necessary, lhe policy shall be endorsed to provide contractual liability coverage. 2. Qenmercial General Liabilitv insurance shall be written on lS O occurrence form CG 00 01 and shall cover liability arising from premises, operations, independenl contractors and personal injury and advertising injury. 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. Page 5 or 7 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, its agents, representatives, employees or subcontractors. B. MINIMUM AMOUNTS OF INSURANCE Consultant shall maintain the following insurance limils: 1. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liabilitv insurance shall be wriften with limits no less than $1 ,000,000 each occurrence, $2,OOO,OO0 general aggregate. 3. Prgfessionel Liabilitv insurance shall be wriften with limits no less than $.1,000,000 per claim and $1 ,000,000 policy aggregate limil. C. OTHER INSURANCE PROVISION The CONSULTANT'S Automobile Liability and Commercial General Liability insurance ooliciesare 10 contain, or be endorsed to contain ihat they shall be primary insuran6e as respeit iheCITY. Any lnsura_nce, self-insurance, or insuranie pool corieragehaintalned Uy ttri'Ctfv snattbe excess of the CONSULTANT'S insurance and shall not contiibute with it. D. ACCEPTABILITY OF INSURERS lnsurance is to be placed with insurers with a current A.M. Best rating of not less than A:Vll. E. VERIFICATION OF COVERAGE CONSULTANT shall furnish the clw with original certificates and a copy of the amendatoryendorsements, including but not necessarily lihited to the addilional inddreO enOorsemint evidencing the insurancE requirements of the coNSULTANT uefore iomm;;d;ent oiiii;work. F- NOTICEOFCANCELLATION The,CONSULTANT shall provide the CITY with written notice of any policy cancellation, withintwo business days of their receipl of such notice. G. FAILURE TO MAINTAIN INSURANCE Failure on the part of the CONSULTANT to maintain the insurance as required shall constitute a material breach of contract, upon which the clrY may, after qiving live business davs notice to the CONSULTANT to correct the breach, immediatery termin-'ate lhe contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid io th-e ClTy oh demand, or at the sole discretion of the CITY, offset against funds due the CONSULTANT from the ClTy. 3. workers' comoensation coverage as required by the lndustrial lnsurance laws of the State of Washington. 4 rofes Liabili insurance appropriate to the Consultant's profession Page 6 of 7 This Agreement shall be construed and interpreted in accordance with the laws of the State ofWashington, and in the event of dispute the venue of any litigation brought hereunder strait OeClallam County. XVII EXH]BITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior wrilten or oral understandings, and may only be changed uy a written amendment executea byboth parties. The following exhibits are hereby madei pari of this Agreement: XVI APPLICABLE LAW Exhibit A - Scope of Services Exhibil B - Budget Exhibit C - Time Plus Expense Rate Schedule Exhibit D - Schedule xvilr This Agreement is efiective and binding as of the date for the last signature affixed below CITY OF PORT ANGELES APPROVED AS TO FORM: ( DAN McKEEN, CITY MANAGER oArE: al 6 lrt WLLIAM E. BLOOR, ATTEST: RNEY lLtt-- -(tt ,--b.'11,,,,-*o v{ltwlq'lA J NNIF VENEKLASEN, CITY CLERK ITLT CE DATE: t- rr * t7 Pege 7 ol7 CONSULTANT NORTHWESTERN TERRITORIES INC. This scope of services provides technical support to the City,s engineering office; typical services include geotechnical evaluation, geotechnical boring, site surveys, construclion surveys, construction material testing and lab analysis, inspection, soil surveys, pre_ design surveys, etc. Task 1, v1A lr308 Pump station 3 Geotechnical Evaluation: Geotechnical Evaluation along Marine Drive adjacent to the Port of port Angeles Marina to support project \ M03-08. The goal of this investigation work is to determine underground conditions pertaining to the construction of a driven pile restraint syslem for the existing lnduskial Waler Line trestle system, or, a driven sheet pile retaining wall lo buttress the abandoned railroad fill prism. The following services will be performed by Northwestern Territories lnc.: . Mark 5 borehole locations at approximate intervals along the marina frontage.. Coordinate utility locates with on-call localing.. Engage a drilling subcontractor to drill the test borings and take Standard Penetration or other drive samples based on encountered conditions.. NTI will retain the samples and perform an estimated five laboratory Unified Soil Classification tests.. NTI will prepare a Geotechnical report of findings including: bore logs: site plan of borings; laboratory test results; site geology, critical areas/geohazards; groundwater; pile type recommendations; piling construction considerations; trench excavation and backfill recommendations; and, slope protection/scour recommendations. Task 2, DR0213 H St. Stormwater Outfall Survey: Survey existing features as directed along the proposed alignments of the H Street Stormwater Outfall project, located near lhe intersection of Marine Drive and Hill skeet. The city engineering department will provide GIS maps of the approximate location of the structures to be surveyed by the CONSULTANT, additional information will be provided upon requesl. o Coordinate with City/Consultants in the field to veril, survey limits and identify specific features to be surveyed. . Confirm or establish local control on the site.. Perform topographic field survey of two areas and spot elevations as indicated.. Reduce field survey data to provide coordinates to City in text file format. EXHIBIT A SCOPE OF SERVICES Task 3, Landfill Post closure surveying support: survey landfill features to suppo( the city in meeting the inspection and maintenance requirements of the Landfill post- closure Plan. These requirements include an annual lransect survey of twelve locatrons along the Port Angeles Landfill shoreline as designated in the May 20l6 operations and Maintenance Plan for the Port Angeles seawall. Addilional transect locations may be requested by the city. survey data will be collected in April 2017. survey accuracy and layout shall be consistent with transects surveyed in 2008 through 2016. Additionally a Biannual survey of the Mechanically Reinforced Earth (MRE) Slope be performed in Aptil2017 with a follow up survey to be completed in October 201 7. MRE wall survey work will consist of surveying 15 measurement points located both horizontally and vertically across the MRE slope and buttress system. survey data shall be transmifted to the city of Port Angeles in the form of a comma separated variable file (csv), within '14 days of performing the survey. Task 4, Directed Services Engineering: CONSULTANT shall provide land survey, geotechnical lesting, material testing, and inspection services related to the clry's various utilities at the specific direction of authorized clw staff. No such assistance or services shall be provided unless specifically directed by the clry. The purpose of this task is to facilitate timely response by CoNSULTANT to needs that are unforeseen at this time. The budget for this task is essentially a contingency allowance that includes labor and expenses. END OF EXHIBIT CONSULTANT will perform the scope of work in Exhibit A on an hourly basis per Exhibit C - Standard Rate Schedule. EXHIBIT B -- BUDGET END OF EXHIBIT Task Budget I WW0308 Pump Station 3 Geotechnical Evaluation $20,000 $5,500 Landfill Post Closure g Support $5,000 4 Direcled Services Enginee ring $ 10,000 Total Contract Amounl $40,500 2.DR0213 H St. Stormwater Outfatt Survev Consultant Labor Costs and Non-Salary Reimbursable Costs are shown on the following pages. EXHIBIT C - Consultant Labor Costs and Non-Salary Reimbursable Costs 2017 Rate Schedule flo Be Provided) END OF EXHIBIT I NTI ENGINEERING & LAND SURVEYING 7i7 TOUIH PEAAOOY STREE?. PORT ATGELES. WA 9I!iI o E tgire{s o Ltti Sutwyots tr Gaobgisfs o Coas,nrcioa lnspedio,, o lrlatodds TesItE !4t4ry A!i4 C4Irl i360l 452-8a91 F_AI_a52-E498 ww ntdo com E-l|arl lntoi6,nll,.u com PREVAILING WAGE RATE SCHEDULE AND BILLING PROCEDURES N7t Principal Engineer Design Engineer Geotechnical Engineer Licensed Engineering Geologist Geotechnical 2- Person Field Crew Senior Technician - Office or Lab Senior Technician - Field with Equipment Technical Assistant Court Testimony and Depositions 140.00 / hour 110.00 / hour 'I 15.00 / hour 1 15.00 / hour 170.00 / hour 80.00 / hour 90.00 / hour 40.00 / hour 175.00 / hour Principal Surveyor Project Surveyor Senior Technician - Office Technical Assislant Land Surveying 1-Person Field Crew Land Surveying 2-Person Field Crew Land Surveying &Person Field Crew Single Surveyor with GPS Construction Surveying 1-Person Field Crew Construclion Surveying 2-Person Field Crew Construdion Surveying 3-Person Field Crew Court Testimony and Deposilions 95 00 / hour 90.00 / hour 80.00 / hour 40.00 / hour 1 10.00 / hour 140.00 / hour '175.00 / hour 150.00 / hour 150.00 / hour 180.00 / hour 215.00 / hour 175.00 / hour Concrete, Mortar or Grout Compression Test "for each cylinder logg€d into t le lab (broken or not) incbdes curing. testing, reportiog resutts Concrete Cylinder Mold Cast by Others Added Charge Dry Gradation (Sieve) Analysis (ASTM C-33 and C-136) Wet Gradation (Sieve) Analysis (ASTM C-1 17 and C-136) Particle Size Analysis wilh Hydrometer (ASTM D-422) Sand Equivalent (MSHTO T-176 and ASTM D-1557) Proctor (Soil Moistur+Density - ASTM D€98 or ASTM D-1557) Fraclure Face (ASTM D'5821) Liquid Limits, Plastic Limits and Plasticity lndex (ASTM D-4318) Natural Moisture Content (ASTM 0-2216) Organic Content, Loss by lgnition (ASTM D-2974) Soil Classification I - Dry Sieve and USCS Soil Classification ll - Wet Sieve and USCS Soil Classification lll - Dry Sfeve, VSCS ang Aterberg Limits 30.00 / each 5.00 / each 75.00 / each 150.00 / each 165.00 / each '100.00 / each 300.00 / each 25.00 / each 150.00 / each 15.00 / each 75.00 / each 100.00 / each 175.00 / each 200.00 / each G: Cien/Rate Schedules/PEveiling Wego Rate Schedule €tfedive June 2016 MATERIALS NTI NTI ENGINEERING & LAND SURVEYING 71' SCn Tt{ pElBOOy StREEt pon? AlrcELES. W !tt62o E rirrod's o land Sutwyots o Geobgrisbo Con*udion lnsof,;dkm o Meteriats Tesfitl& (360r,a52-649, FAX 452,8,(!G vyx,w rilau com E-Mait ,nto{Dnrl4u com TIilE PLUS EXPENSE RATE SCHEDULE AND BILLING PROCEDURES Principal Engineer Design Engineer Geotechnic€l Engineer Licensed Engineering Geologist Geotechnical 2- Person Field Crew Senior Technician - Office or Lab Senior Technician - Field with Equipment Technical Assistant Court Testimony and Depositions 140.00 / hour 'l '10.00 / hour 115.00 / hour 1 15.00 / hour '170.00 / hour 80.00 / hour 90.00 / hour 40.00 / hour 175.00 / hour Principal Surveyor Projecl Surveyor Senior Technician - ffice Technical Assislant Land Surveying 1-Person Field Crew Land Surveying 2-Person Field Crew Land Surveying $.Person Field Crew Single Surveyor with GPS Construclion Surveying 1-Person Field Crew Construction Surveying 2-Person Field Crew Construction Surveying }Person Field Crew Court Testimony and Depositions 95.00 / hour 90.00 / hour 80.00 / hour 40.00 / hour 1 10.00 / hour 140.00 / hour 175.00 i hour 125.00 / hour '120.00 / hour 150.00 / hour 185.00 / hour '175.00 / hour c oncrete, Mortar or Grout Compression Test ^ "fcr each_cylinder logged into lfu leb (broken or not) includeG curirE, iesting, roporting results Concrete Cylinder Mold Cast by Others Added Charge - .Dry Gradation (Sieve) Analysis (ASTTU C-33 and C-1it6) Wet Gradation (Sieve) Analysis (ASTM C-1 17 and C-l36) Particle Size Analysis with Hydrometer (ASTlf D-422) Sand Equivalent (AASHTO T-176 and ASTM D-1557) Proctor (Soil Moisture-Density - ASTM D69B or ASTM D-iS57) Fraclure Face (ASTM D-5821) Liquid Limils, Plastic Limits and ptasticity tndex (ASTM D-4318) Natural Moisture Content (ASTM D-2216) Organic Content, Loss by lgnition (ASTM D-2974) Soil Classification I - Dry Sieve and USCS Soil Classification ll - Wet Sieve and USCS So!! Clgssrflcqtign f ll;-Dry $_iev.gl _U_SC]S and Atterberg Limits 30.00 / each 5.00 / each 75.00 / each 150.00 / each 165.00 / each '100.00 / each 300.00 / each 25.00 / each 150.00 / each 15.00 / each 75.00 / each 100.00 / each 175.00 / each 200.00 / each G: GsrrR te Scirdulos/Rale Sdledule ,or Time and Ep.nse Efiedirl! June 2016 \trl,iry nldu com ENGINEERING MATERIALS GENERAL CONDITIONS 1. NTI'S standard hours of straight-time operation begin at E:00 AM and end at 5:00 PM, Monday through Friday, with the exception of ureokends and some holidays. Overtime rates of 1.5 times the applicable straight-tirne rat€ will be billed br any work perform€d between 6:00 PM and 6:00 AM, work in excess of I straighl-time hours per day, and Saturdays work. Double time rates are 2-times the applicable staight-time rate and will be billed for any work pe ormed on Sundays and/or holidays. Minimum charge fo. professional services is one hour for office consultation, two hours for field consultation and four hours for court bstimony. 2. Scheduling inspeclions must occur before close of business on the day preceding the request. All services are billed portal to portal from NTI'S Testing Leboratory. 'Rush" laboratory testing (tumaround less than 2 fulltyorking days) will be billed at 1 % times the applicable straillht-time laboratory rate. 3. Non-salary reimbursable expenses will include the following items a) ltems outside of general overhead costs, such as special legal and accountjng expenses, sp€cial consultants, backhoe services, laboratory charges, special copying services and printing and binding at 15% above actual cost. ln-house non-salary reimbursable expenses including but not limited to the following: Labotatory Time - After Hours (3 hour minimum) Same Day Call-ln For lnspection or Test (if an inspector is available) Mileage (portal to portal) '100.00 / hour 50.00 / charge .60 / mile b) Govemment fees directly related to the [oiect such as County survey recording fees and agency review feas. c) Out-of-to rn travel and living expenses related to the poject. Travel time shall be hourly per rates listed above. 4. NTI maintains general liability insurance br bodily injury and property damage with an aggregate limit of $1,000,000 per @curence as well as professional erro6 and omissions insurance and will fumish certiticates evidencing such insurance upon request. lf Client requires insurance in excess of NTI'S standard, and if such insurance is procurable, Client to reimburse NTI for any additional fes plus lOoA incurred by NTI to fulfill Clients request for such. 5. Comprehensive cost estimates and pricing are available upon request and may vary ftom the Time Plus Expense Rate Schedule. Scheduling and sequencing of a construction proiecl are controlled by individuals and organizatons not owned or operated by NTl, therefore if an Estimate is generated, it shall not guaranlee a maximum cost to compbte the gervices required and/or requested to complete the construclion poject. The quantities included in our Estimate of Fees are based in part and upon construction documents and schedules made available to NTI at the time of the proposal. 6. The rates as stated in the Time Plus Expense Rate Schedule are applicable through the last day of the c€lendar year issued, unless otherwise contracted. The terms and conditions as outined in the Contract for Services are incorporated herein fior reference 7. NTI Wll not issue tinal documents until all outstanding invoices for the proiect have been paid G: GedRate Schedubs/Grne.al Condlior6 Page tor Strand.rd and Preyailing Waee Rat6 €tredive Juno ml6 CONSULTANT will perform the scope of work in Exhibit D in accordance with the following Schedule. Task 1 : WWo3OB Pump Station 3 Geotechnical Evaluation Test hole boring: Commence 2-3 weeks after initial request Geotechnical RLport: 5 weeks after completion of subsurface exploration Task 2: OR0213 H St. Stormwater Outfall Survey Topographic field survey: Commence 2-3 weeks after initial request Field survey data delivered: 14 days after completion of the survey Task 3: Landfill Post Closure Surveying Supporl Shoreline Transect Survey: April 2017 MRE Slope Surv6y: April & October 201 7 Task 4: Directed Services Engineering As directed for the duration of the agreement expiring December 31,2017 . EXHIBIT D -- SCHEDULE END OF EXHIBIT o.Go'CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE NUMBER:c!151802i188COVERAGES REVISION NUMBER THIS IS TO CERTI FY THAT THE POLICIES OF INSURANCE LISTEO AEIOW HAVE BEEN ISSUEO TO THE INSUREO NA'UED AAOVE FOR THE POLICY PERIOD INDICATED NOTWTHSTANOING ANY REQUIREMENT, TERM OR CONDII1ON OF ANY CONTFACT OR OTHER OOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN. THE INSURANCE AFFOROED BY THE POLICIES OESCREED HEREIN IS SUEJECT TO ALL THE TERMS, EXCLUSIONSANO COT{OIIIONS OF SUCH POLICIES. LIMITS SIIOWV MAY HAVE BEEN REDI,,CED AY PAID CLAIMS, COMMERCIAL GENERAL LIAAIL TY GEIL AGGFEGATE LIM I APPLIES PER 5 DeEHrsFs rF5M..c.l UED ExP (Any * 06o) PERSOidL A AOV,NJUFY PROO1JCTS - COMP,TCP aGG AUIOiIOgLE LIAAIUTY I]IREDAIJIOS SCHECUL!D AUTOS BOOLY INJURY (Fd p6r&r) BO01LY INJURY 1Ps aqironr)3 ! EXCESS UA6 OCCUR s 3 WOFXIRS COTPEI{SATION AXD EXPIOYEiE' IIABIUTY ANY PR@R EIOR'PARTNER/EXECJTIVE of FtcER/ltEMSER EXCIIJoEO? OESCRIPTON OE OPEMTTOI{S bbr EL E^'N ^CCID€NTEL DISEASE. EA EMPLOYEE E L OSEASE. POUCY IIUIT 5 Elrols E O@j'aaio'ls CIai.Ds-!tad€ EorE ra162 083 3l0,OOO D..tuctiDr€ r/24/20L6 L/24/20:.1 $1,000, 000 s1,000,000 OESCRIPIION OF OPEMTTONS / LOCAnONS , VEt{tCtES On dr ACOiD ,rot, Ad(lltonrt i.n.r*. S.tr.d!b. r lM. tr.!B t. nqdEdlEvidence on1y. Refe! to policy(!) fo! aLl .t tr l-ic.b].e t.as, conij,tioris, -en.!o!se!ent! and erclurion! CERTIFICATE HOLOER CANCELLATIOT'I City of Polt Ang€les 321 E sth Street PorC Angelea, WA 98362 SHOULOAI{YOF THE ABOVE OESCRIEED POLICIES 8E CAIICELLED BEFOR€IHE EXPIRATIOII OATE THEREOF. NOTICE wlLL BE DELIVEiED IN ACCORDAI{CE WIH IHE POLICY PROVISIoIIS. AUT'IORIZEO REPRESEI{TATIVE ADdy caUis/ANDY Atulx A4a ACORO 25 (2010/05)O 19EE-20l0ACORD CORPORATION. All.ights reserv.d. L/L2/20L-l THIS CERTIFICA TE IS ISSUEO AS A IIATTER OF II{FORMATION ONLY AXD COI{FERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS CERTIFICATE DOES NOT AFFIRTSANVELY OR I{EGAITVELY ATIIEND, EXTEND OR ALTER THE COVERAGE AFFOROED BY THE POLICIES BELOW TH|S CERnFTATE OF II{SURANCE OOES t{OT CONSTTTUTE A COI{TRACT BETWEEN THE |SSUTXG TNSURER(S), AUTHORTZED REPRESENTA'IVE OR PROOUCER, AND THE CERNFICATE HOLDER. ITIPORTANT: ll the ceitificate holdor is an ADDTTIONAL |i{SURED, tho po cy(tes)must bo endoBed, It SUAROGATION lS WAIVED, sublect to tho toms and condhlons of the pollcy, cortaln pollcle8 may rsqulro ,n ondo,aomont. A statement on thk c.dmcat doe3 not confer rtghts to the cortlllcate holdor in llgu orsuch endorsemo PRO0(,CEi CAIIIS 6 ASSOCIATES, INC 806 so vine St Port Ange.L.s wA 98 362 Noe11€ Erzio ff8'ii ..,. tssol lsz-zsu ffi. *' t:rotrsz-rzo, noel.].ee c.Ilicitrsu!!nce . coD INSURERIS) A FfORDING COVERAGE rNslFER^ runderwriters at Lloydg, London INgURED JI,S 6roup Inc. DBA: NorthFestErn territolies Inc. 717 S Peabody 8C Port Ang€l€s WA 99352-6233 lltsuR€R 0 INSI'RER O: TID A.:nPn F.na rn.l l^^^.,a ,a^i.r..a.l m,rLc ^l aa.}Cn I fl I I I I I A I oiQo*CERTIFICATE OF LIABILITY INSURANCE | / L2l20t1 THIS CER IFICATE IS laSUEO AS A IIATTER OF I}IFORIIATIOI{ OI{LY AI{D COI{FERS T{O RIGHTS UPON THE CERIIFICATE HOLDER IHIS CERTIFICATE OOES NOT AFFIR ATIVELY OR NEGA'IIVELY AIf,END, EXTEiID OR ALTER THE COVERAGE AFFOROED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE OOES M)T CONSnTUTE A COi{TRACT BETWEEN THE tSSUtt{c |TSURER(S), AUTHORTZED REPRESE},ITATIVE OR PRODUCER, AI{D THE CERTIFICATE HOLDER. MPORTA N fl tf th€c6rtlllcato hold€r ts an AO DITIONA L NSU RE o the poli cy(lss)must be endo rsod,lf s UBR OGA TION WAIVED s ubj €ct tothetermsandconditionsofthpolcyc6ltainpoliciesayrequanndotst.statema nt n th s conl flcato doos ot nt6r tlghts to the h oldgr llo of h d tseme nl(s ) Pt(x,lrcER Cal.lir 6 Associatc!, Inc. 806 So Viac St Eort Arg€Ies wA 93362 INSUiEO ills Group IEc Nortbrest€lD lolritolIcs 717 S Pe.Sody St Polt lng.l,es IIA Iac. dba N:tI 98352 fi!fi[fo r.rary eetzma Lla&-ro,Edl: Eif,^tss,* (360) 452-231{[il-!e] (3so).52-rror ryec.lJ.itillsur.nc.. co! rnsuREfR{sl ADe.i.can Inaur.nce Co ,44393 . ?1992 2401r DrsuirR B Ohlo Seculi ty InsuraDce Co rxsuRERc.Ih6 Ohi.o Cesual II{SURER E; COVERAGES CERTIFICATE HOLDER ACORO 25 (2014/01) City of Port Angeles 321 E sth StreetPort Arge].es, tlA 98362 SHOULO AI{Y OF TItE AAOVE OESCRIBEO POLICIES EE CANCELLEO EEfORETHE EXPNANON DATE THEREOF, IIOTICE wlLL BE OELIVERED II{ ACCORDAI{CE WIH THE POLIGY PROVISIONS, AUTHO@IEO RE?fi ESE|IIATIVE A:lcy aalIj.s/ANDY 0,r/* A-eA CERTIFICATE NUMBERf, I16122003130 R€VISION NUMEER: CANCELLATION O I 988-201 4 ACORD CORPORATION. All rlghb .eso.ved. The ACORD name and logo ar€ registered ma,ks o, ACORD : t6r-SE{- NOTWTHSTAN TAIN HAVE TH tss CTO ERTJFY THT POE tct SE OF NSU ENC ISTE BELOWo VE EB NE UEOtss THTO E SURN DE ABOVENAMED THEFOR rcYPOL E oRI D NOiCA DTE NGDI UIREO REMENT TE OR c NOITIo No o CONTRACT CTHEROR UMENTDOC RESPEC TOT H TH ls Ec RTIFICA TE BE SSUE ORo PER E NS EURANC EoR0 8Yo ETHTH DESCPOLTCTES IBEDR ERH E s BJECTSU TO THELL TERI\,4 S,rusEXC SroN N coND tTroNso o CHSU CPOLI ES.ML T SHs ow,i BEEN EDREDUC B o c , IE cri @cuRRENcETum6Frdffi6- i I PiEMTSES rE. ocs,ric.r I Lzt2rt2otl rzt2rt2ol:- | r.eo erp t-, -" *.-, I !EECotr4L!lSy!!!!8t + x I t I X i Erc5?0102?5 CO IERCI L GEXEML U g|UTY cdrMs+r^a€ x occuR !!qor!!q 15, oo0 S;HL:T5HJ-fi',fi FEool,crs - @uP/oP AGG It 2,000,000 1400 2,000 .o0o .000 AOTOIIOELE UAEUTY tr *w euroi- ArL o\ r{Fn! - Au.ros t_ 1,000,000 AIJTOS E ! B x Y BAS56!09{a2AUIOS F REC ^IJTOS t2lztl2it6 12l2Ll2ot1 L.8oLltLY INJ(nY e( acoo6'l I , PRE€RIY',AXAGE I ErODrl-Y INJI RY {P4 ps!s) t ..adsll 2,qoo,ooo 2,000,000 1212t/20\6 !212112011 x x 5 I x Y uso553o9ar2 UYAiEII.A UI' EXCESS LIAB occuR I "^u*^*l EACH @ClrRRa!!g AGGREGAT€ woRxERs cotaPEtl3lnox AI{D EIIPIOYERS' I.AEIIUTY AAY PR@RIETOF'PAiIIIF."/ET€CUTvE oFfl C€R^TEUAER EXCLI OEo?_E r. t^car^@rD€M , t l2l2ll2ot5 l2l2tl2,t7 el OrSerSe - er eutuO"gd I'a.' o"a^aa. *uar,*,r' , E !]reI1 000 000 amr57o102r5 IA Strt. sta'p G.D r,9oo Lq!! 1,000,000 lo1. Alrdldorl R.r.rla &h.dut , r.., b. .a..h..t r nrn .F.. t. cqdftt) .n.ddi.tioD!]. inlu!€d yith !.!pectr to th6 eeae!.1 Liability t,hele!.qui!ed by rritEea contract I provid.d onJ,y by the t.!as of forD cc881o. Iac].udes rv.iver of subrogation.nd Pll'oarY 6 Non-coEtlilrutory ehen Ecquir€d by }'EitteB coatlact. R€f6s to poficy(s) fot aII applic.blstalaa, conditions, eadoaselaat3 e:rd erclusioos. oEscEPllora oF opERAltorls, Loc noNs/vEfilctEs (AcoRo Evidence Crnly. Cartificlte holde! i.t ll{S025,rn.!.,, COMMERCIAL AUTO cA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsemenl modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Vvith respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT ACCIDENTAL AIRBAG DEPLOYMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT. CLAIM. SUIT OR LOSS AMENDEO FELLOW EMPLOYEE EXCLUSION AUDIO, VISUAL ANO DATA ELECTRONIC EQUIPMENT COVERAGE BROAD FORM INSURED BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (including employee hired auto) EXTENDED CANCELLATION CONDITION EXTRA EXPENSE - BROADENEO COVERAGE GLASS REPAIR - WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) HIRED AUTO COVERAGE TERRITORY LOAN / LEASE GAP PARKED AUTO COTLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONAL EFFECTS COVERAGE PHYSICAL DAMAGE - ADOITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS TOWNG AND LABOR TWO OR MORE DEOUCTIBLES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION ll - LIABILITY COVERAGE is amended as lollows: I. BROAD FORM INSURED 3 12 19 1 2 ZJ '10 15 6 ?0 14 16 11 8I 4 7 17 18 20 SECTION ll - LlABlLlry COVERAGE, paragraph A.1. -WHO lS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However. 'insured' does nol include any organization that: (1) ls a partnership orjoint venture: or 12) ls an insured under any other automobile policy; or (3) Has exhausted its Limit of lnsurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automalic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) lf there is similar insurance or a self-insured retention plan available to that organization, ca 88 10 0t t3 O 201 3 Liberty Mutual lnsurance lncjudes copyrighted maledal of lnsurance Services Office. lnc.. with its permission Page 1 of 7 (21 lf the Limits of lnsurance ol any other insurance policy have been exhausted, or (3) To 'bodily injury" or "property damage' that oGurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREOS SECTION Il - LIABILITY COVERAGE, paragraph A.1. -Wl-lO lS AN INSUREO is amended lo include the following as an insured: f. Any'employee' of yours while using a covered 'auto" you do not own, hire or borrow, but only for acls within the scope of their employment by you. lnsurance provided by this endorsement is excess over any other insuEnce availablo to any "employe€'. 9. An "employee' of yours while op€rating an "auto' hired or borrowed under a wdtten contract or agreement in that 'employee's' name, with your permission, while performing dulies related to the conduct of your business and within the scope of their employment. lnsurance provided by lhis endorsement is excess over any other insurance available to the "employee'. 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION ll - LIABILITY COVERAGE, paragraph A.1. -WiO lS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation. mainlenance or use of a covered "auto", povided that you and such person or organizalion have agreed in a written confart, agreement, or permit issued to you by governmental or public authority, lo add such person, or organization, or govemmental or public authority to this policy as an "insured'. However, such person or organization is an'insured': (1) Only with respect to lhe operation, maintenance or use of a covered 'auto', (21 Only for "bodily injury" or'property damage' caused by an 'accident'which takes place afrer you executed the written contract or agreement, or the permit has been issued to you; and(3) Only for the duration of that contract, agreement or permit 4. SUPPLETUENTARYPAYMENTS SECTION ll - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplemenlary Payments, paragraphs (2) and (4) are replaced by the follor ring: lz't Up to $3,000 for cost of bail bonds (including bonds for related traftic violations) required because of an "accident' we @ver. We do not have to furnish these bonds.(4) All reasonable expenses incuned by the insured al our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENOED FELLOW EMPLOYEE EXCLUSION ln those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by lhe workers compensalion exclusivity rule, or similar protection, the following provision is added: SECTION ll - tlABlLlry, exclusion 8.5. FELLOW EMPLOYEE does not apply if the 'bodily intury' resutts from lhe use of a covered 'auto'you own or hire. SECfION lll - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Exlensions of SECTION lll - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: lf hired 'autos' are covered "autos' for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverag€ are provided under the Business Auto Coverage Form for any'auto'you own, then the Physical Damage coverages provided are extended to'autos': a. You hire, rent or borrow; or @ 2013 Libedy Mutual lnsurance CA 88 10 01 13 lncludes copyr(lhled malerial of Insurance Services Ofice, Inc.. wlh its pennissim. Page 2 Ol7 7 b. Your'employee" hires or rents under a written contract or agreement in that 'employee's' name, but only it the damage occurs whila the vehicle is being used in the conduct ol your business. subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident' or "loss' is the smallesl of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the 'loss'; or (3) The cost of repairing or replacing the damaged or stolen property with other prope.ty of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deduclible applicable to any owned 'autcf ,or that coverage. C. Subject to the limit, deductible and axcesa provisions described in this provision, we will provide coverage equalto the broadest coverage applicable to any covered 'auto' you own. D. Subrect to a maximum of $1,000 per'accident', we will also cover the actual loss of use of ths hired 'aulo' if it results from an "accident", you are legally liable and the lessor incurs an actual tlnancial loss. E. This coverage extension does not apply to: (l) Any'auto'that is hired, rented or borrowed with a drivei or {2} Any "auto" that is hired, rented or bonowed from your'employee'. For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following: "Total loss' means a 'loss' in which the cost of repairs plus the salvage value exceeds the actual cash value. TOWI{G AND LABOR SECT| ON lll - PHYSICAL oAMAGE COVERAGE, paraqaph A.2. Towing, is amended by the addition of the lollowing: We will pay towing and labor msts incurred, up to the limits shown below, each lime a covered "auto' classified and rated as a private passenger type, .light truck' or 'medium truck' is disabled: a. For private passenger type vehicles, we will pay up lo $50 per disablement. b. For'light trucks", we will pay up to $50 per disablement. 'Light trucks'are trucks that have a gross vehicle waight (GVV9 of 10,000 pounds or less. c. For 'medium trucks" , we will pay up to $ 150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW of 10,001 - 20,000 pounds. However, the labor must be pe ormed at the place of disablement. PHYSICAL DAMAGE . AODITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION lll - PHYSICAL DAMAGE COVERAGE, is amended lo provide a limit of $50 per day and a maximum limit of $1,500 8 cA 88 10 0't '13 @ 201 3 Liberty Mutual lNurance lJdud€s copyrighted fiEterial of lnslrance Service! Omce, hc., rrith il8 pormission Page 3 of 7 9 RENTAL REIMBURSEMENT SECTION lll- PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding th€ follorring: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or 'loss', to an 'auto' for which we also Pay a 'loss" under Comprehensive, Speciried Causes o, Loss or Collision Coverages. We will pay only for those expenses incuned after the first 24 hours following the "accident' or "loss" to the covered 'auto.' b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many c€ses may be substantially less than $75 per day, and will only be allowed for the period of lime it should take to repair or replace the vehicle with reasonable speed and similar quality, up lo a maximum of 30 days. c. We will also pay up to $5OO for reasonable and necessary expenses incuned by you to remove and replace your tools and equipment from the covered 'auto". d. This coverage does not apply unless you have a business necessity that other'autos" available for your use and operation cannot fill. e. lf "loss' results from the total theft of a covered 'auto' of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. coverage Extension. f. No deductible appliss to this coverage. For the purposes of this endorsement provision, materials and equipment do not include 'personal effects' as defined in provision 11. EXTRA EXPENSE . BROADENED COVERAGE Under SECTION lll - PHYSICAL DAMAGE COVERAGE, A- COVERAGE, we will pay for the expense of returning a stolen covered 'auto' to you. The maximum amount we will pay is $1 ,000. PERSONAL EFFECTS COVERAGE A. SECTION lll - PHYSICAL OAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: lf you have purchased Comprehensive Coverage on this policy for an 'auto' you own and thal'auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects' stolen with the 'auto.' The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision. "personal effects' mean tangible property that is worn or carried by an insured.' "Personal effects' does not include lools, equipmBnt, jewelry, money or securities. ACCIDENTAL AIRBAG DEPLOYMENT SECTION lll - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: lf you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for'loss' relating to mechanical breakdown does not apply to the accidental dischsrge of an airbag. Any insurance we provida shall be excess over any other collectible insurance or reimbursement by manufacture/s warranly. However, we agree to pay any deductible applicable to the other coverage or wananty. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION lll - PHYSICAL DAMAGE CoVERAGE, B. EXCLUSIoNS, exception paragraph a. lo exclusions 4.c. and 4.d. is deleted and replaced with the following: 10. 11. 12. 13. cA 88 't0 0l 13 O 201 3 Uberty Mututl lnsurance lncftrde6 copyrighted malarial oI lnsuranca SeMcas ofiice. lnc., with ab permission Page 4 of 7 Exclusion 4.c. and 4.d, do not apply to Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto' at the time of the "loss' and such equipment is designed lo be solely operated by use of the power from the 'auto's' electrical system, in or upon the covered 'auto' and physical damage coverages are provided for the covered 'aulo'; or lf the 'loss" occurs solely to audio, visual or data electronic eguipment or accessorles used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A Paragraph C., LIMIT OF INSURANCE of SECTION lll - PHYSICAL DAMAGE COVERAGE is amended by addang the follorr,ing: The most we will pay for a "total loss'to a covered "auto'owned by or leased to you in any one 'accident' is the greater of lhe: 1. Balance due under the terms of the loan or lease to which the damaged covered 'auto' is subject at the time ofthe'loss' less the amount of: Overdue payments and financial penalties assocjated wilh those payments as of the date of the 'loss', Financial penalties imposed under a lease due to high mileEge, excessive use or abnormal wear and tear, Costs for extended wananties. Credit Life lnsurance, Health, Accidenl or Disability lnsurance purchased with the loan or lease, Transfer or rollover balances from previous loans or leases, Final paymenl due under a'Balloon Loan', The dollar amount of any unrepaired damage which occuned prior to the'tolal loss' of a covered'auto', Security deposits not retunded by a lessor, All refunds payablo or paid to you as a result of the early termination of a leas€ agreement or as a result of the early termination of any wananty or extended service agreement on a covGred "auto', Any amount representing taxes, Loan or leas6 terminalion fees: or 2. The actual cash value of the damage or stolen property as of lhe time of the 'loss' An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time ofthe'loss'. This adjustment is not applicable in Texas. B. ADDITIONALCONDITIONS This coverage applies only to the original loan lor which the covered "auto' that incurred lhe loss serves as collateral, or lease written on the covered'auto" that incured the loss. C. SECTION V - DEFINTIONS is changed by adding the following: As used in lhis endorsement provision, the following definitions apply: 'Total loss" means a "loss" in which the cost oI repairs plus the salvage value exceeds the actual cash value. A "balloon loan' is one with periodic payments thal are insuflicienl to repay the balance over lhe term of the loan, thereby requiring a large linal payment. a a. b. c. d. e. f. s. h. cA 88 t0 01 13 @ 2013 UHy Mulual lnsurance lndudes copyrighted material of lnsu.aice Services O,ftce, lnc., wilh its permi$ion.Page 5 of 7 15. GLASS REPAIR. WAIVER OF DEDUCTIBLE Paragraph O. Deductible of SECTION lll - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deduclible applies to glass damage af the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE| Paragraph D. Deductible of SECTION lll - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to 'loss' caused by collision to such covered 'auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto' is designed to cany while it is: a. ln the charge ofan "insured'; b. Legally parksd; andc. Unoccupied. The'loss' must be reported to the police authorities within 24 hours of known damage. The tolal amount of the damage to the covered 'aulo' must exceed the deduclible shown in the Declarations. This provision does not apply to any "loss' if the covered 'auto' is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION lll PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph O. Oeductible: a. It the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived, or b. lf the applicable Business Aulo deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible: or c. lf the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be vvaived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION lV - BUSINESS AUTO CONDITIONS is amended as follor s: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION lV- BUSINESS AUTO CONOITIONS, Paragraph B.2. is amended by adding the following: lf you unintentionally tail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this Policy will not be prejudiced. However, you must reporl lhe undisclosed hazard of exposure as soon as practicable afier its discovery, and we have the right lo collecl additional premium for any such hazard or exposure. I9. AMENDED DUTIES IN THE EVENT OF ACCIOENT, CLAIiI, SUIT, OR LOSS SECTION lV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. ln the event ol "accident', claim, "suit' or "loss", you must promptly notify us when it is knot/vn to: 1. You, if you are an individual.2. A parlner, if you are a partnership; 3. Member, if you are a limited liability company;4. An executive ofricer or the'employee" designated by the Named lnsured to give such notice, if you are s corporation. ca 88 10 01 13 Page 6 of 7 @ 2013 Liberty Mutual lnsurance lndud$ copyrighted materialof lnsurance SeMces Offce, lnc., wilh ils permission. To the extent possible, notice to us should include: (l) How, when and where the 'accident' or 'loss" took place; (2) The "insureds' name and addressi and (3) The names and addresses of any iniured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTTON tV - BUSTNESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: lfthepersonororganizationhaswaivedthoserightsbeforean'accident'or'loss'.ourrightsarewaivedalso. 21. HIRED AUTO COVERAGE TERRITORY SECTTON tV - BUSTNESS AUTO CONDITIONS, paragraph 8.7., Policy Period, Coverage Tenitory, is amended by the addition ot the following: I For "autos' hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a 'suit', on the merits, in the United States, lhe territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agres to. This e)dension of covsrage does not apply to an 'auto' hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS ls amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V - OEFINTIONS, detinition C. is replaced by the following: "Bodily injury' means physical injury, sickn*s or disease sustained by a person, including mental anguish, mental injury, shock, tright or death resulting from any of these at any lime. COMMMON POLICY CONDITIONS 23. EXTENDEDCANCELLATIONCONDITION COMMON POLICY CONOITIONS, paragraph A.- CANCELLATION condition applies except as follows; lf we cancel for any reason other than nonpayment of premium, we will mail to the first Named lnsured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. @ 2013 Liberty Mulual lnsuranc€ lncludes copyrighled material ot lnsuEnce Seryices Office, lnc., with its permisgionca 88 10 01 13 Page 7 of 7 COMMERCIAL GENERAL LIABILITY cG 85 83 04 13 l_ : THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRAGTORS . PRODUCTS/COMPLETED OPERATIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Sectlon ll - Who ls An lnsured is arn€nded to include as an insured any peEon or organization whom you have agreed to add as an additional insured in a written contracl or written agreement. Such person or organization is an additional insured but only with respect to liability for 'bodily injury' or'properly damage': Caused by "your work' performed for that additional contracl or wfitten agreemenl: and insured that is the subject of the written 2. lncluded in the 'products-compleled operations hazard'. However: a) The insurance afforded to such additimal insured only applies to lhe extent permitted by law; and b) lf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only lf the written contract or written agreement is signed prior to the'bodily injury' or'property damage.. We have no duty to defend an additional insured under lhis endorsement until we receive written notice of a'suif by the additional insured as required in Paragraph b. of Condition 2. Dutl$ ln The Event Of Occurrenco, Offenso, Clalm Or Suit under Soction lV - Commercial General Liability Conditlons. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A . Bodily In ury And props y Damage Liability: This insurance does not apply to: l. 'Bodily injury' or "property damage' that occurs prior to you crmmencing operations at the location where such 'bodily injury" or'property damage. occurs. 2. 'Bodily injury" or "property damage" arising out of the rendering of, or ihe failur€ to render, any professional archilectural, engineering orsurveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions. reports, surveys, field orders, change ordors or drawing and specitications: and b. Superyisory, inspection, architectural or engineering activities. e 2ol3libeny Mutual lnsurance lncludes copyrightgd maledal ot lnaurance Se.vices O'lIic€, hc., witr lts pgrmission ,l cG 85 83 04 13 Page 1 ol 2 This endorsement modifies insurance provided under the following: C. Wilh respect to lhe insurance afforded by this endorsement, exdusion l. Damage To Your Work of Paragraph 2. Erclusions under Seclion l- Goverage A - Bodily lniury And Property Damage Llability is replaced by the following: L Damage To Your Work 'Property damage' lo 'your work' arising out of it or any part of it and included in the "products- completed operations hazard'. D. With respect to the insurance afforded to these additional insureds, the following is added to Soction ll . Llmits of lnsurance: lf coverage provided to the additional insured is rsquired by a contract or agreement. he most we will pay on behalf of the additional insured is lhe amount of insurance: '1. Required by contract or agreement; ot 2. Available under the applicable Llmits of lnsurance shown in the Declaration, whichever is less. This endorsement shall not increase the applic€ble Limits of lnsurance shown in the Declaratio ns. E. With respect to the insurance afforded by this endorsement, Section lV - Commercial c€nerat Liability Gondltions is amended as follows: 1. The following is added to Paragraph 2, Duties ln fhe Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as pracucable: a. Give written notice of an'occunence' or an oflense that may result in a claim or "suil" under this insuran@ lo us; b. Tender the defense and indemnity ot any claim or .suit, to all insurers whom atso have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional lnsured has for a loss we cover under this Coverage Parl. d. We have no duty to defend or indemni, an additional insured under this endorsement untit we receive written notice of a "suil' by the additional insured. 2. Paragraph 4. of S€ction lV - Commercial Gonoral Liability Conditions is am€nded as follows: a. The following is added to Paragraph a. primary lnsurance: lf an additional insured's policy has an Olher lnsurance provision making its policy excess, and you have agreed in a written contrac{ or wdtten agreement lo provide the additional insured @verage on a primary and nonclntribulory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess lnsuranco: When a written contracl or written agreement. other than a premises lease. facilities rental contract or agreement, an equipment rental or lease contract or agreenrent, or permit issued by a stale or political subdivision between you and an additional insured does not require this insuEnce to be primary or primary and non-contributory, this insurancs is exc€ss over any other insurance for which the additional lnsured is designated as a Named lnsured. Regardless of the written agreement between you and an additional insured, ance is excess over any olher insurance whether primary, excess, contingent other basis for which the additional insured has been added as an additionat other policies. @ 2o't 3 ub€rty Mutual lnsuranco lncludes copy.lghted material of lnsurancs SeMcss Offic€, hc,, with its permisslon this insur- or on any insured on cG 85 83 04 t3 Page 2 ol 2 COI'IMERCIAL GENERAL LIABILITY cG 88 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NONOWNEO AIRCRAFT NON.OWNED WATERCRAFT PROPERTY DAMAGE UABILITY - ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON.CONTRIBUTORY - ADDITIONAL INSURED EXTENSION ADOITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "UMITS OF INSURANCE" WHO IS AN INSURED - INCIOENTAL MEOICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINEO EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREE]IIENT WTH YOU PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 I 8 @ 20'13 Libeny Mutual lnsurance lncludes copyrighted malerial of lnsurance Sewices Office. lnc., wilh ils permissioncG 88 l0 0413 Page 'l of 8 With respect to covsrage afforded by this endorsement, the provisions of the Policy apply unless modified by the endorsement. A. NON-oWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodlly lnlury And Property Damage Liabllity, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: '1. lt is not owned by any insured; 2. lt is hired. charlered or loaned with a trained paid crew, 3. The pilot in command holds a currently etfective cerlificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. lt is not being used to cary persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insuted other valid and collectible insurance, whether primiry, excess (other than insurance w tten to apply specifaally in excess of this policl), contingent or on any other basis, that would also apply lo the loss covered under this provision. B. NON.OWNEOWATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily ln,iury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by lhe following: This exclusion does not apply to; (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Nol being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS l. Under Paragraph 2, Exclusions of Section I - coverage A - Bodily lnjury And ProPorty Damago Liabllity, Subparagraphs (3), (4) and (5) of exclusion J. Damags To Property do not apply if such "property damage' results frorn the use of ehvators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifls or hoists used in automobile service or repair operalions. 2. The following is added to Section lV - Commercial General Liability Conditions, Condition 4. Othel lnsurance, Paragraph b. Excess lnsurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingenl or on any other basis. D. EXTENDEo DAMAGE TO PROPERTY RENTED TO YOU (Tsnant's Property Damage) lf Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: '1. Under Paragraph 2. Exclusions of Section I - Coverage A ' Bodily lnjury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs ('l ), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fare, lighlning, explosion, smoke, or leakage from an automatic fire protection syslem) to: (D Premises rented to you for a period of 7 oI fewer consecutive days: or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do nol apply to "property damage" to conlents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section ll! - Limits of lnsurance. cG 88 10 04 13 e 201 3 Llbeiy Mdual lnsurance lncludB copyriohled malerialof lnsurance Selvices Offce. lnc.. r\ith it! permission Page 2 of 8 b, The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by tire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in S€ctlon lll- Llmits Of lnsurance. 2. Paragraph 6. under Ssctlon lll - LlmlE Of lnsurance is replaced by the following: 6. Subject to Paragraph 5. above. the Damage To Premises Rented To You Limit is the most we will pay under coverage A for damages because of "property damage'to: a. Any one premis€: (1) While rented to you; or l2l White rented to you or temporarily occupied by you with permission of the owner for damage by fir6, lightning, explosion, smoke or leakage from aulomalic protection systems: or b. Contents that you renl or lease as part of a premises rental or lease agre€ment 3. As regards coverage proviled by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenanfs Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: g.a. A contrac{ for a lease of premises. However, that portion of the contract for a lease of Premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is nol an "insured contracf'. MEDICAL PAYMENTS EXTENSION lf Coverage C lliedical Payments is not otheMise excluded, the Medical Payments provided by lhis policy are amended as follows: Under Paragraph L lnsuring Agreement of Sectlon I - coverage c - iledical PaymenB, Subparagraph (b) oI Paragraph a. is replaced by the following: (b) The expenses arB incurred and reported within three years of the date of the accident; and EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplemsntary Paym.nts - cov.ragas A and B, Paragraph l.b. is replaced by the following: b. Up to 33,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily lniury Liability Coverage applies. We do not have to fumish these bonds. 2. Paragraph l.d. is replaced by the following: d. All reasonable expenses incuned bythe insured al out requesl to assist us in the investigation or defense of the claim or 'suit', including actual loss of earnings up to 0500 a day because of time off frorn work. ADDITIONAL INSUREDS . BY CONTRACT, AGREEIITENT OR PERMIT 1. Paragraph 2. under SecUon ll -Who ls An lnsured is amended lo include as an insured any person or organization whom you have agreed to add as an additional insured in a written contracl, w'itten agreemenl or permit. Such person or organization is an additional insured bul only with respect to liability for 'bodily injury", 'property damage' or 'personal and advertising iniu4/ caused in whole or in part by: a. Your acls or omissions, or the acts or omissions of those acting on your behalt, in the performance of your on going operalions for the additional insured that are the subiect of the written contract or written agreement providEd that the "bodily injuo/ or'properly damage" occurs. or lhe 'personal and adverlising iniury' is committed, subsequent to the signing of such written contract or written agre€ment; or F G cG 88 10 0413 Page 3 of 8 E. @ 20i 3 Lib€rty Mulual lnsu.ance lnclude3 copyrighted malerial of lnsuranco SeMces Otflco, lnc.. r.vith its permission Premises or facilities rented by you or used by you: or The maintenance, operation or use by you of equipment rented or laased to you by such person or organization; or Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject lo the following additional provisions: (f) This insurance does not apPly to'bodily injury', 'property damage', or'personal and advertising iniury' arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to 'bodily iniury' or "property damage' included within the 'completed operations hazard'. (3) lnsurance applies lo premises you own, rent, or control but only with respect to the following hazards: al The existence, maantenance, repair, construction, ereclion, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manhol€s, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposuresi or (b) The construction, ereclion, or removal of elevators: or (c) The ownership, maintenance, or use of any elevators covered by this insurance However The insurance afforded lo such additional insured only applies to the extenl permitted by law; and lf coverage proMded to the additional insured is required by a contract or agreement, the insurance afrorded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional iosured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured underthis endorsomenl ends when: (f) A[ work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behaf of thg additional insured(s) at the location of the covered oPerations has been completedl or (21 That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subconlraclor engaged in performing operatbns for a principal as a part of the same proiect. With respect to Paragraph l.b. above, a person's or organization's stalus as an addilional insured undel this endorsement ends when their written contract or written agreement with you for such premises or facililies Bnds With respects to Paragraph Lc. above, this insurance does not apply to any'occurrence'which takes placa after the equipmenl rental or lease agre€ment has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the writlen contract or written agreement is signed prior to the 'bodily iniury' or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice ol a 'suit' by the additional insured as required in Paragraph b. of Condition 2. Duties ln tho Event Of Occurrence, Offenss, Clalm Or Sult under Section lV - Commercial General Liabllity Conditions. b. c. d. 1 Page 4 of 8 @ 2013 Liberty Mutual lnsurance lndudes copyaighled malerial of lrcurance Services Omce, lnc., wilh its permissioncG 88 r0 04 13 a With respect to the insurance Provided by this endorsement, lhe tollowing are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily lnjury And Property Damage Liability: This insurance does not apply to: a. 'Bodily injury' or 'property damage' arising from the sole negligence of the additional insured. b. "Bodily injury'or "property datrage'thal occurs prior to you commsncing operations at the location where such 'bodily iniu4a or'property damage' occurs c. "Bodily iniury', "property damage" or "psrsonal and adveltising injur/' arising out of the rendering of, or ihe faiiure to render, any professional architectural, engineering or surveying services, including: (f) The preparing. approving, or failing to prepare or approve, maps, shop drawings,' opinions, reports, surveys, field orders, change orde6 or drawings and specifications; or l2l Supervisory, inspection, architecturalorengineeringactivities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occunence' which caused the "bodily injuqr or 'property damage" or the offense which caused the "personal and advertising injuq/, invofued the rendering of, or the failure lo render, any professional architectural, engineering or surveyrng servrces. d. "Bodily injury'or "properly damage'occuning after: (1) All work, including materials. parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completedi or l2l That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any p€rson or organization olher than another contractor or subcontractor engaged in performing operations for a principal as a part of the same proiec{. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separare ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, lhe following is added to Section lll - Limits Of lnsurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of lhe additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Avaihble under the applicable Limits of lnsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifles as an additional insured under any form or endorsement under this policy. Condition 4. Othe, lnsurance of SECTION lV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The follolving is added to Paragraph a. Primary lnsurance: ll an additional insured's policy has an Other lnsurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. cG 8E to 04 i3 rncrudes copyrrhted maff'or1"t:T,*:LTl 31'ffi, ,n".. *,n ," o"-,"",on page s of I t. b. The follorving is added to Paragraph b. Excess lnsuranco: When a witton contract or written agreement, other than a premises lease, facilities rental crntract or agreemenl, an equipmenl rental or lease contraGl or agreement, or permit issued by a state or political subdivision bet\^€en you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any olher insurance for which the additional insured is designated as a Named lnsured. Regardless of lhe written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, crntingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREOS . EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies lo any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties ln The Evsnt Of Occurrence, Offense, Claim ot Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occunence" or an offense thal may result in a claim or'suit' under this insurance to us: Tender the defense and indemnity of any claim or 'suit' to all insurers whom also have insurance available to the additional insured: and Agree to make available any other insurance which the additional insured has for a loss w€ cover under this Coverage Part. We have no duty to defend or indemnity an additional insured under this endorsement until we receive written notbe oI a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specitied in a written contract or written agreement or the limits of insurance as slated in the Declarations of this policy and defined in Section lll - Limits of lnsurance of this policy, whichever are less. These limits are inclusive of and not in addition to the Iimits of insurance available under this policy. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED. FELLOW EMPLOYEE EXTENSION . MANAGEMENT EMPLOYEES Paragraph 2,a.(l ) of Sectlon ll - Who ls An lnsured is replaced with the follo ing (ll "Bodily injury" or "personal and advertising injury': (a) To you, to your partners or members (if you are a partnership orjoint venture), to your members (if you are a limited liability company), to a co-"Bmployee" while in the cours€ of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties relaled to the conduct of your business; (b) To the spouse, child, parent, brolher or sister of that co-"employee" or "volunteer worke/'as a consequence of Paragraph (l) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are nol in the business of providing professional health care services or providing protessional heallh care personnel to others, or if coverage for providing professional health care services is not olherwise excluded by separate andorsement, this provision (Paragraph (d)) does not apply. b. c. d J cG 8E 10 04 13 Page 6 of I @ 2013 Ljbe.ty Mutual lnsurance lndudes copyrighled malerialot lnsurance Services Office. lnc., lvith ils permission paragraphs (al and (b) above do not apply to 'bodily injuof or 'personal and adverlising injuqf caused by an 'emp-loyie' ritro ls aiting in a supewisory capacity for you. Suprvisory capacity as us€d herein means the "employee's'job responiibilities assignei biyou, includes the direct supervision of other 'employe€s' of yours. Howevir, none of these 'employees' are iniureds for'bodily injury'or "p€rsonal and advertjsing inju4/ arising out of their willful conduct, whictr is ilefined as the purposeful or willful intent to cause "bodily injur/' or "personal and advertising injury', or caused in whole or in part by their intoxication by lhuor or controlled subslances. The coverage provided by provision J. is excess over any other valid and colleclable insurance available to your 'employee'. K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section ll - who ls An lnsured is replaced by the lollowing: 3. Any organization you newly acquire or form and over which you maintain.ownership.or majority interest, witiqujtity as a ttimed tnsured i{ there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occured before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising iniury" arising out of an ofiense committed before you acquired or formed the organization. d. Records and descriptions of operalions must be maintained by the firsl Named lnsured. No person or organization is an insured with respect to lhe conduct of any currenl or past partnership, ioint venture or tinrited tlaOititf company that is not shown as a Named lnsured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section lV - Commercial ceneral Llabllity Conditlons, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior 'occurrences' existing as of the inception date of the policy shall not prejudice the coverage alfordsd by this policy provided such failure to disclose all hazards or prior 'occurrences' is nol intenlional. M. KNOWLEOGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section lV - Commercial General Liability Conditions, the following is added to Condition 2. Duties ln The Event ot Occurence, Offense, Claim Or Suit: Knowledge of an 'occurrence', offense, claim or'suit' by an agent. servant or'employee" of any insured shall not in itsetf constitute kno',t/ledge of the insured unless an insured listed under Paragraph 1. of Sectlon ll - Who ls An lnsured or a person who has been designated by them to receive reporls of "occurrences', offenses, claims or "suits' shall have received such notice from the agent, servant or "employee'. N. LIBERALIZATIONCLAUSE lf we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will aulomatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED UndBr Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily lnjury' means physical iniury, sickness or disease sustained by a person. This includes mental anguish. mental injury, shock, fright or death that results from such physical injury, sickness or disease. cc 88 to o,t ts rndudes copy,ishred ma;"1t;ti:TlJgi[1'ffi. rn".,,,'n rc pu,.c"ion. Pase 7 or I P EXTENDED PROPERTY DAMAGE Excluslon a. o, COVERAGE A. BODILY INJURY AND PROPERW DAMAGE LIABILITY is replaced by the following: a.Expected Or lntended lnjury "Bodily injury' or "prop€dy damage" expeded or intended from tho standpoint of the insured. This exclusion does not apply to "bodily injury' or 'property damage' resulting from the use of reasonable force to protect persons or property. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section lV - Commorcial ceneral Liability conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery lve may have against a person or organization because of payrnents we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products-completed operations hazard" providsd: l. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organizalion; and 2. The injury or damage occurs subsequent to lhe execution of the written contract or written agreement. @ 2013 Uberty Mutual ln8lrance hdudes copyrighted maledal of lnsuranc€ Seryices Ofiice, lnc., ,.{ith its pe.mission, o. cG 88 10 04 t3 Page 8 of 8 sratf (x wsHrtcrol{ Department of Labor & lndustries Certificate of Workers' Compensation Coverage January I 3, 201 7 WA UBI No. L&l Aount lD Legal Business Name Doing Business As workers Comp Pramium Status: Eslimated Workers Reported (See Description Below) Account Representative Licensed Contrador? @2 179 864 3728200 JLS GROUP INC NORTHWESTERN TERRITORIES INC Account is cunent. Quarter 3 of Year 2016 "11 to 20 workers" Employer SeMces l-lelp Line, (360) 9024817 No What does "Estimated Workers Reponed" mean? Estimated workers reported represents the number of full time position requirinq at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several pan time workers. lndustrial lnsurance lnformation Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. lndustrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 5l .l 2.050 and 5L!..10=l-99).