Cities Index.
Att 2 - SHN PFI Care Facility Contract

Fort Bragg City Council
May 8, 2023

Document
Att 2 - SHN PFI Care Facility Contract
Meeting
May 8, 2023
Body
Fort Bragg City Council
Pages
3
Original file
2.0 MB
Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

SHN Consulting Engineers & Geologists, Inc. 1

CITY OF FORT BRAGG

PROFESSIONAL SERVICES AGREEMENT
WITH
SHN CONSULTING ENGINEERS & GEOLOGISTS, INC.

THIS AGREEMENT is made and entered into this 18th day of April, 2022 (“Effective Date”), by and between the CITY OF FORT BRAGG, a municipal corporation, 416 N. Franklin Street, Fort Bragg, California 95437 (“City”), and SHN CONSULTING ENGINEERS & GEOLOGISTS, INC., a California corporation, 335 S. Main Street, Willits, California 95490 (“Consultant”).

W I T N E S S E T H :

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide labor standard and construction support services for the Community Development Block Grant (CDBG) funded Parents and Friends, Inc. Cypress Street Residential Care Facility for the Elderly (RCFE) Project, as more fully described herein; and B. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit “A” (the “Project”) and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
C. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

D. WHEREAS, the City Manager is authorized by Fort Bragg Municipal Code Section

3.20.040 to negotiate contracts in an amount not to exceed $25,000.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Work. Consultant shall provide the professional services described in the Consultant’s Proposal (“Proposal”), attached hereto as Exhibit A and incorporated herein by this reference.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. City officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City as hereinafter specified. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 SHN Consulting Engineers & Geologists, Inc. 2
discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, sexual orientation, or disability except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, sexual orientation, or disability.

Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 SHN Consulting Engineers & Geologists, Inc. 3
Agreement.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit A, for a total amount not to exceed Twenty-five Thousand Dollars ($25,000.00).

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of work specified in the Consultant’s Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described "Scope of Work," an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. The City Manager may approve contract change orders not exceeding a total of 10% of the approved contract or up to the contingency amount whichever amount is less for any one project.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but not more often than monthly. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the date of final payment.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the issuance of Notice to Proceed. Said services shall be performed in strict compliance with the schedule set forth in the Scope of Work attached hereto as Exhibit A. Consultant will complete the services in accordance with this Agreement by May 31, 2023. The Time of Completion may only be modified by a written amendment of the Agreement signed by both the City and the Consultant and in accordance with its terms.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 SHN Consulting Engineers & Geologists, Inc. 4
performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and expire on August 31, 2023 unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least ten (10) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 SHN Consulting Engineers & Geologists, Inc. 5
the date of City’s written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.

In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(a) Broad-form commercial general liability, in a form at least as broad as ISO form #CG 20 01 04 13, including premises-operations, products/ completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) aggregate, combined single limits. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 SHN Consulting Engineers & Geologists, Inc. 6
Before execution of this Agreement by the City, the Consultant shall file with the City Clerk the following signed certification:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.

The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City Clerk before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than Two Million Dollars ($2,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

Neither the City nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Fort Bragg and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant’s sole cost and expense.” (c) Other insurance: "The Consultant’s insurance coverage shall be primary insurance as respects the City of Fort Bragg, its officers, officials, agents, DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 SHN Consulting Engineers & Geologists, Inc. 7
employees, and volunteers. Any other insurance maintained by the City of Fort Bragg shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Fort Bragg, its officers, officials, agents, employees, and volunteers.
(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit B and incorporated herein by this reference.

5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. The Project Manager designated to work directly with Consultant in the performance of this Agreement will be Finance Technician Lacy Peterson, It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 SHN Consulting Engineers & Geologists, Inc. 8
Consultant designates Senior Civil Engineer Jason Island, PE as its Project Manager, who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Jason Island City Clerk
SHN Consulting Engineers
335 S. Main St.

Willits, CA 95490-3977
City of Fort Bragg
416 N. Franklin St.

Fort Bragg, CA 95437
Tel: 707-459-4518 Tel: 707-961-2823
Fax: 707-961-2802

6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Mendocino County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless.

If Consultant is not a design professional performing “design professional” services under this Agreement, as that term is defined in Civil Code Section 2782.8, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 SHN Consulting Engineers & Geologists, Inc. 9
employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement.

The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

If Consultant is a design professional performing “design professional” services under this Agreement, as that term is defined in Civil Code Section 2782.8, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 SHN Consulting Engineers & Geologists, Inc. 10
contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.

Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.

6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 SHN Consulting Engineers & Geologists, Inc. 11
work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:

This Agreement, the City’s Request for Proposals, the Consultant’s Proposal.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraph and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 SHN Consulting Engineers & Geologists, Inc. 12
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

6.27. Use of Recycled Paper Products. In the performance of this Agreement, Consultant shall use paper products and printing and writing paper that meets Federal Trade Commission recyclability standards as defined in 16 CFR 260.12.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY CONSULTANT
By: ____________________________ By: _____________________________ David Spaur Jason Island, PE
Its: City Manager Its: Senior Civil Engineer

ATTEST:

By: ____________________________
June Lemos, MMC
City Clerk
APPROVED AS TO FORM:

By: _____________________________
Keith F. Collins
City Attorney
DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 Phone: (707) 459-4518 Email: [email protected] Web: shn-engr.com 335 S. Main Street, Willits, CA 95490-3977
CIVIL ENGINEERING • ENVIRONMENTAL SERVICES • GEOSCIENCES • PLANNING • SURVEYING Reference: 421008
March 7, 2022
Isaac Whippy
City of Fort Bragg
416 N. Franklin Street
Fort Bragg, CA 95437
Subject: Parents and Friends, Inc. Residential Care Facility for the Elderly Construction Support Services
Dear Isaac. Whippy:

Thank you for allowing SHN the opportunity to provide this cost proposal for Labor Standard and Construction Support Services for the Parents and Friends, Inc. Residential Care Facility for the Elderly Project.

We anticipate working with Parents and Friends, Inc. (PFI) and The City of Fort Bragg in the services described in the Scope of Work section of this proposal.

Overall Project Understanding
PFI to construct two residential units with connecting pathways and a new parking lot, new street entrance, and off-site improvements within the city limits at 350 Cypress Street. The project construction will require compliance with ADA standards, LID Stormwater Management Standards, City of Fort Bragg Standards, Coastal Development Permit Standards, and Local, State and Federal Labor Standards, as well as any additional special conditions.

Scope of Work
Task 1 Grant Administration Assistance
SHN’s scope of work associated with the grant administration assistance, is expected to consist of the following tasks:
• Assist in the oversight of project specific administration as requested. • Assist with CDBG grant related requirements as requested. • Review all plans, specifications, contract documents prior to construction start date in order to obtain any needed clarification.
• Attend coordination and progress meetings with the project team, as requested.

EXHIBIT A DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 Isaac Whippy
PFI Residential Care Facility for the Elderly Project Proposal March 7, 2022

Page 2 ends

\\Willits\Projects\2021\421008-CoFB-OnCall\PUBS\promos\20220307-ParentsFriendsProposal.docx Task 2 Biological Survey Assistance
SHN will provide:
• Required biological bat survey initial inspection.
• Required bat surveys as outlined in the Coastal Development Permit.

Task 3 Labor Standards Compliance Support
SHN will perform labor compliance support services on an on-call basis. We will perform these services as follows:
• Provide, as requested, on-site inspections to meet required state and federal labor standards requirements.
• Provide, as requested, off-site improvement inspections to meet required state and federal labor standards requirements.
• Complete and provide, as requested, Employee Interviews with required labor classifications. • Verify classifications and rates for all contractors at the project outset, verify online payroll submissions to the Department of Industrial Relations, assist with Certified Payroll Verifications as needed, and verify compliance with Apprentice requirements. • Attend requested meetings and conference calls.

Task 4 Construction Inspection Services
SHN will provide the following support services during construction:
• Attend weekly construction meetings, as requested.
• Site visits as required to inspect on-site and off-site improvements to ensure compliance with City standards.

Task 4 Assumptions
Task 4 scope was prepared with the following assumption:
• Construction management is not included.
• Mendocino County will perform inspections on buildings.

Fee
SHN will provide the services described in the scope of work for the fees listed below. Cost of project administration, meetings and agency/client coordination are incorporated in each task. SHN shall be free to adjust budgets between Tasks 1, 2, 3, and 4 as needed, as long as the total fee is not exceeded.

Schedule
SHN is available to begin work on the project immediately and will provide documentation in a timely manner to keep the project moving forward. We will also be responsive and communicative with the project team in an effort to maximize efficiency and minimize costs.

Task 1: Grant Administration Assistance $6,500
Task 2: Biological Survey Assistance 5,500
Task 3: Labor Standards Compliance Assistance 7,500
Task 4: Construction Inspection Services 5,500
Total Not to Exceed Cost $25,000
DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 Isaac Whippy
PFI Residential Care Facility for the Elderly Project Proposal March 7, 2022

Page 3 ends

\\Willits\Projects\2021\421008-CoFB-OnCall\PUBS\promos\20220307-ParentsFriendsProposal.docx Thank you for this opportunity to submit a proposal for the PFI Residential Care Facility for the Elderly Project. Please contact me with any questions or comments at (707) 459-4518.

Sincerely,
SHN
Jason Island, PE
Senior Civil Engineer
JGI:alh
Attachment 1. Fee Schedule
DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER:

CLAIMS-MADE OCCUR

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $ DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $ CLAIMS-MADE OCCUR
$ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY) POLICY EXP(MM/DD/YYYY) LIMITS
PER

STATUTE OTH- ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under DESCRIPTION OF OPERATIONS below
(Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS NON-OWNED

AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT BODILY INJURY (Per person)
BODILY INJURY (Per accident) PROPERTY DAMAGE $$
$
$

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.

INSD

ADDL WVDSUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext): PRODUCER
ADDRESS: E-MAIL
FAX
(A/C, No): CONTACT NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
4/13/2022
Van Oppen & Co. 2, Inc.

VOCO 2 Insurance & Risk Control Services
P.O. Box 793
Teton Village WY 83025
Amie Taubman 800-746-0048 [email protected] Beazley - Lloyds 2623/623 SHNCO-1 RLI Insurance Company 13056 SHN Consulting Engineers & Geologists, Inc.
812 W. Wabash
Eureka CA 95501
985901022
B X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 XY Y PSB0008911 7/1/2021 7/1/2022 2,000,000
B
1,000,000 X
X X
Y Y PSA0002924 7/1/2021 7/1/2022
B X 5,000,000 X
0 Y Y PSE0004437
X
5,000,000
7/1/2021 7/1/2022
XS of GL/AL/EL
B Y PSW0004950 7/1/2021 7/1/2022 X
1,000,000 1,000,000 1,000,000
A Professional Liability
"Claims Made"
CPL (Pollution) Y Y
ENP 0000232-05 7/1/2021 7/1/2022 Each Claim
Each Occurrence
Aggregate
$2,000,000
$2,000,000
$2,000,000
RE: Community Development Block Grant (CDBG) funded Parents and Friends, Inc. Cypress Street Residential Care Facility for the Elderly (RCFE) The City of Fort Bragg and its elected and appointed boards, officers, officials, agents, employees, and volunteers are named as Additional Insured for General Liability as required by written contract. Coverage shall be primary/non-contributory and a Waiver of Subrogation applies, per contract.

City of Fort Bragg
416 North Franklin
Fort Bragg CA 95437
DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74EXHIBIT B This Policy consists of the Declarations, Coverage Forms, Common Policy Conditions and any other Forms and Endorsements issued to be a part of the Policy. This insurance is provided by RLI insurance Company.

RU Insurance Company
Peoria, Illinois
®
RLIPack BUSINESSOWNERS DECLARATIONS
Policy Number:PSB000891 1 D New [X] Renewal of PSB0008911 Named Insured and Mailing Address : AgentlBroker: C6935 SHN Consulting Engineers & Geologists, Inc. Van Oppen & Co 2, Inc P.O. Box 793
812 W. Wabash Teton Village, WY 83025
Eureka, CA 95501
Pol icy Period: From 07-01-2021 To 07-01-2022
12:01 A.M. Standard Time at your mailing address shown above.

Legal Entity: Corporation

LOCATION SCHEDULE
Described Premises Address :

Refer to RU Pack Schedule of Locations, PPB 501
Refer to RLIPack Businessowners Supplemental Declarations - Building and Locations Coverages, PPB 111, for coverage details.

Billing Plan: Direct Bill, 20% Down 9 Installments
Audit Frequency: Waived
Insurance Provided: In return for the payment of the premium and subject to all of the terms of this policy, we agree with you to provide insurance as stated in this policy.

Estimated Premium, excluding Terrorism:

Terrorism Charge:

Applicable Taxes, Fees, and Surcharges:

TOTAL ESTIMATED PREMIUM, TAXES, FEES, AND SURCHARGES:

Countersigned By Authorized Representative Date: - -------- --- 07-07-2021
PPB 100 1210 pg. 1 of 2
DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 RIL 2150 (08/08) Page 1
Policy Number: PSB0008911
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

APPLICABLE FORMS & ENDORSEMENTS

FORMS AND ENDORSEMENTS LISTED BELOW APPLY TO AND ARE MADE PART OF THIS POLICY AT TIME OF ISSUE.

FORMS APPLY IN ALL STATES UNLESS DESCRIBED OTHERWISE IN THE FORM OR IN THE 'Applicable In' COLUMN BELOW.

Form Number Form Title Applicable In
PPB101 07 16 RLIPack BUSINESSOWNERS COVERAGE FORM
PPB300 06 10 RLIPack ERISA ENDORSEMENT
PPB301 01 18 RLIPack FOR DESIGN PROFESSIONALS PROPERTY ENHANCEMENT PPB302 04 18 RLIPack FOR PROFESSIONALS EQUIPMENT, TOOLS AND

WATERCRAFT ENDORSEMENT
PPB303 06 10 RLIPack ASBESTOS EXCLUSION
PPB304 02 12 RLIPack FOR PROFESSIONALS BLANKET ADDITIONAL INSURED

ENDORSEMENT
PPB307 06 10 RLIPack DISCRIMINATION EXCLUSION
PPB310 06 10 RLIPack LEAD EXCLUSION
PPB312 09 13 RLIPack FOR DESIGN PROFESSIONALS PROFESSIONAL SERVICES

EXCLUSION
PPB313 02 12 RLIPack FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED

ENDORSEMENT
PPB316 11 13 RLIPack FOR DESIGN PROFESSIONALS LIABILITY ENHANCEMENT PPB318 02 15 RLIPack EQUIPMENT BREAKDOWN ENDORSEMENT
PPB319 11 10 RLIPack GREEN PROPERTY ENDORSEMENT
PPB347 02 16 RLIPACK FOR PROFESSIONALS EQUIPMENT & TOOLS SCHEDULE PPB352 04 17 LIMITED COVERAGE FOR DESIGNATED UNMANNED AIRCRAFT BP0417 01 10 EMPLOYMENT-RELATED PRACTICES EXCLUSION
BP0448 07 13 ADDITIONAL INSURED - DESIGNATED PERSON OR

ORGANIZATION
BP0498 07 13 EMPLOYEE BENEFITS LIABILITY COVERAGE
BP0501 07 02 CALCULATION OF PREMIUM
BP0517 01 06 EXCLUSION - SILICA OR SILICA-RELATED DUST
BP0541 01 15 EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION

OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE

UNITED STATES
BP0577 01 06 FUNGI OR BACTERIA EXCLUSION (LIABILITY)
BP1203 01 10 LOSS PAYABLE CLAUSES
BP1506 05 14 EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR

PERSONAL INFORMATION (PERSONAL AND ADVERTISING INJURY
ONLY)
BP0155 07 20 CALIFORNIA CHANGES
BP0183 11 06 IDAHO CHANGES
BP0178 03 15 OREGON CHANGES
ILF0001C 04 16 SIGNATURE PAGE
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 Policy Number: RLI Insurance Company
Named Insured:

PPB 304 02 12 Page 1 of 1
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 following is added to SECTION III 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.

PSB0008911
SHN Consulting Engineers & Geologists, Inc.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 Policy Number: RLI Insurance Company
PPB 316 11 13 Page 1 of 7
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® FOR DESIGN PROFESSIONALS

LIABILITY ENHANCEMENT

SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. First Aid And Good Samaritan Services
B. Supplementary Payments
C. Reasonable Force – Bodily Injury Or Property Damage
D. Non-Owned Watercraft
E. Canoes Or Rowboats
F. Damage To Premises Rented To You
G. Aircraft Chartered With Crew
H. Electronic Data Liability
I. Who Is An Insured – Newly Acquired Or Formed Organizations J. Who Is An Insured – Unnamed Partnership Or Joint Venture K. Additional Insured – Owner, Manager Or Lessor Of Premises Or Leased Equipment L. Additional Insured – State Or Political Subdivisions – Permits Related To Premises Or Operations M. General Aggregate Limit – Per Project Or Per Location N. Knowledge And Notice Of Occurrence Or Offense
O. Amended Bodily Injury Definition
P. Amended Insured Contract Definition – Construction Or Demolition Operations Within 50’ Of Railroad Q. Amended Personal And Advertising Injury Definition – Electronic Material R. Unintentional Omission
S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us PSB0008911
DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 PPB 316 11 13 Page 2 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

1. The following is added to Section II A.1.

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.1.f. 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 furnish 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 force 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:

Exclusions c., d., e., f., g., h., i., k., l., m., n. and o. in SECTION II – LIABILITY do not apply to
damage by water, fire, explosion, lightning, or
smoke resulting from fire to premises while
DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 PPB 316 11 13 Page 3 of 7
rented to you, or temporarily occupied by you
with permission by the owner. A separate
Damage To Premises Rented To You Limit of
Insurance applies to this coverage as described
in paragraph D. Liability And Medical
Expenses Limits of Insurance in SECTION II –
LIABILITY.

2. Section II F.9.a. Liability And Medical
Expenses Definitions, is deleted and replaced
by the following:
a. A contract 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 water, fire,
explosion, lightning, or smoke resulting from
fire to premises while rented to you or
temporarily occupied by you with permission
of the owner is not an “insured contract”;

3. This provision does not apply if coverage for
Damage To Premises Rented To You is excluded by another endorsement to this policy.

G. Aircraft Chartered With Crew

1. The following is added to the exceptions
contained in Section II B.1.g. Exclusions,
Aircraft, Auto or Watercraft:
(6) Any non-owned aircraft chartered to you
with a crew including a pilot.

2. 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 insurance purchased specifically by you to apply in excess of the Limits of Insurance shown in Declarations.

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, disclosure of, display of, theft or
misappropriation of or inability to manipulate
“electronic data”. However this exclusion
does not apply to “Property Damage”.

2. The following definition is added to Section II F.

Liability And Medical Expenses Definitions:
“Electronic data” means information, facts or
programs stored as or on, created or used on, or
transmitted to or from computer software
(including systems and applications software),
hard or floppy disks, CD-ROMS, tapes, drives,
cells, data processing devices or any other
media which are used with electronically
controlled equipment.

3. For the purposes of the coverage provided by
this endorsement, Section II F. Liability And
Medical Expenses Definitions, Paragraph 17.
is deleted and replaced by the following:

17. “Property damage” means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it;
b. Loss of use of tangible property that is
not physically injured. All such loss of
use shall be deemed to occur at the
time of the “occurrence” that caused it;
or
c. Loss of, loss of use of, damage to,
corruption of, inability to access, or inability to manipulate “electronic data”, resulting from physical injury to tangible
property. All such loss of “electronic
data” shall be deemed to occur at the
time of the “occurrence” that caused it.
d. Property damage does not mean disclosure of, display of, or theft or misappropriation of electronic data however caused.

For the purposes of this insurance,
“electronic data” is not tangible property.

I. Who Is An Insured – Newly Acquired Or Formed
Organizations
The following is added to Section II C. Who Is An
Insured:

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 (180th) 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.

3. Coverage does not apply for “personal and
advertising injury” arising out of an offense
committed before you acquired or formed the
organization.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 PPB 316 11 13 Page 4 of 7

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 II 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 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 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 insured 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 damage” 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, construction 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 damage” 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.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 PPB 316 11 13 Page 5 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 operations 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 injury" 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-completed 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 rightof-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:

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 PPB 316 11 13 Page 6 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 “occurrence” 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

1. The definition of “insured contract” in Section II
F.9.c. Liability And Medical Expenses Definitions is deleted and replaced by the following:
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 II 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 III – 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.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 PPB 316 11 13 Page 7 of 7
S. Waiver Of Transfer Of Rights Of Recovery
Against Others To Us
SECTION III – 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 occupied 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 agreement 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.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 CPL271 12/2016 Page 1
Certain Underwriters at Lloyds
Unique Market Reference B1776BL202300M
effective date of this endorsement: policy number: ENP 0000232-05 07/01/2021 Endorsement Number: 03
ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

CONTRACTORS POLLUTION LIABILITY COVERAGE PART
All other terms and conditions of this Policy remain unchanged.

SCHEDULE
Name of Additional Insured Person(s) Or
Organization(s):

Location(s) of Covered Operations
Any person(s) or organization(s) where this
endorsement is required by contract.

All project locations where this
endorsement is required by contract.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for Damages and Claims Expenses caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 CPL271 12/2016 Page 2
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to Damages or Claims Expenses occurring 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 completed; or

2. 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 subcontractor engaged in performing operations for a principal as a part of the same project.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 CPL275 12/2016 Page 1
Certain Underwriters at Lloyds
Unique Market Reference B1776BL202300M
effective date of this endorsement: policy number: ENP 0000232-05 07/01/2021 Endorsement Number: 07
ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following:

All other terms and conditions of this Policy remain unchanged.

CONTRACTORS POLLUTION LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or
Organization(s):

Location And Description Of Completed
Operations
Any person(s) or organization(s) where this
endorsement is required by contract.

All project locations where this
endorsement is required by contract.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for Damages and Claims Expenses caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 CPP208 12/2016 Page 1
Certain Underwriters at Lloyds
Unique Market Reference B1776BL202300M
effective date of this endorsement: policy number: ENP 0000232-05 07/01/2021 Endorsement Number: 11
OTHER INSURANCE – PRIMARY WITHOUT RIGHT OF CONTRIBUTION This endorsement modifies insurance provided under all coverages applicable to this policy.

All other terms and conditions of this Policy remain unchanged.

In consideration of the premium charged for the Policy, it is hereby understood and agreed that Clause XIV. OTHER INSURANCE is deleted in its entirety and replaced with the following:

XIV. OTHER INSURANCE
Subject to Clause VII. and VIII., where other valid and collectible insurance is available to the Insured for any Pollution Condition or Claim, this insurance shall apply as primary insurance versus any other valid and collectable insurance, and the Underwriters will have no right of contribution against any other insurance company providing insurance for a Pollution Condition or a Claim on a primary basis.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 CPP279 12/2016 Page 1
Certain Underwriters at Lloyds
Unique Market Reference B1776BL202300M
effective date of this endorsement: policy number: ENP 0000232-05 07/01/2021 Endorsement Number: 14
WAIVER OF SUBROGATION – CONTRACTORS POLLUTION LIABILITY AND PROFESSIONAL

LIABILITY
This endorsement modifies insurance to all coverages applicable to this policy and applies specifically for the entity scheduled below.

All other terms and conditions of this Policy remain unchanged.

SCHEDULE
Name of Additional Insured Person(s) Or Organization(s):

All person(s) or organization(s) where this endorsement is required by contract.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

In consideration of the premium charged for the Policy, it is hereby understood and agreed that Clause XX. SUBROGATION is deleted in its entirety and replaced with the following:

XX. SUBROGATION
In the event of any payment under this Insurance, the Underwriters shall be subrogated to all the Insureds’ rights of recovery therefore against any person or organization, and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing to prejudice such rights.

The Underwriters agree to waive its rights of recovery against any person or entity for a Claim which is covered pursuant to this Policy, but only where indemnity or contractual obligation has been provided by the Named Insured pursuant to a written contract. Any recoveries shall be applied first to subrogation expenses, second to the Named Insured to the extent of any payments in excess of the Limit of Liability, third to Damages, Cleanup Costs and Claims Expenses paid by the Underwriters, and fourth to the Deductible. Any additional amounts recovered shall be paid to the Named Insured.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 RU Pack® EXCESS LIABILITY

DECLARATIONS
POLICY NO: PSE0004437
ITEM 1. NAMED INSURED AND MAILING ADDRESS
SHN Consulting Engineers & Geologists, Inc.
812 W. Wabash
Eureka, CA 95501
ITEM 2. POLICY PERIOD (Mo./Day/Yr.)
RLI Insurance Company
9025 N. Lindbergh Drive - Peoria, lllinois61615
PRODUCER: C6935
Van Oppen & Co 2, Inc
P.O. Box 793
Teton Village, WY 83025
FROM 07/01/2021 TO 07/01/2022 12:01 A.M. Standard Time at your mailing address shown above.

ITEM 3. LIMITS OF LIABILITY
$ 5,000,000
$ N/A
$ 5,000,000
$ 5,000,000
Each Occurrence
Each Occurrence Auto Sublimit
General Aggregate
Products-Completed Operations Aggregate
TEM 4. SCHEDULE OF UNDERLYING INSURANCE
See PPU 110
ITEM 5. PREMIUM
Non-Auditable ~
Flat Rate: . . , ·--
Auditable
Advance Premium:

Estimated Exposure:

Policy Minimum: .

Terrorism Charge: . _
Total Premium Due:

Rate: $ Premium Basis:

Audit Period (annual unless noted):

ITEM 6. FORMS AND ENDORSEMENTS ATIACHED AND MADE A PART OF THIS POLICY AT ISSUE See endorsement RIL 2150
Countersigned by
Authorized Representative
PPU 100 09 19 Page 1 of 1
DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 RIL 2150 (08/08) Page 1
Policy Number: PSE0004437
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

APPLICABLE FORMS & ENDORSEMENTS

FORMS AND ENDORSEMENTS LISTED BELOW APPLY TO AND ARE MADE PART OF THIS POLICY AT TIME OF ISSUE.

FORMS APPLY IN ALL STATES UNLESS DESCRIBED OTHERWISE IN THE FORM OR IN THE 'Applicable In' COLUMN BELOW.

Form Number Form Title Applicable In
PPU101 07 17 RLIPACK COMMERCIAL EXCESS LIABILITY COVERAGE FORM PPU300 06 10 RLIPACK ASBESTOS EXCLUSION
PPU301 06 10 RLIPACK SILICA EXCLUSION
PPU302 03 20 RLIPACK FOR DESIGN PROFESSIONALS PROFESSIONAL SERVICES

EXCLUSION
PPU303 06 10 RLIPACK LEAD EXCLUSION
PPU304 06 10 RLIPACK FOR DESIGN PROFESSIONALS EXCESS LIABILITY

ENHANCEMENT
PPU305 06 10 RLIPACK DISCRIMINATION EXCLUSION
PPU306 06 10 RLIPACK EMPLOYMENT PRACTICES LIABILITY EXCLUSION PPU307 06 10 RLIPACK DAMAGES TO PREMISES RENTED TO YOU EXCLUSION PPU308 09 11 RLIPACK UNINSURED/UNDERINSURED MOTORISTS EXCLUSION PPU436 05 12 OREGON CHANGES
RIL2126 11 09 EXCLUSION TERRORISM
ILF0001C 04 16 SIGNATURE PAGE
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 Policy Number: RLI Insurance Company
PPU 304 06 10 Page 1 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® FOR DESIGN PROFESSIONALS

EXCESS LIABILITY ENHANCEMENT

SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. General Aggregate Limit – Per Project Or Per Location B. Additional Insured – Primary/Non-contributory
C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE FORM
A. General Aggregate Limit – Per Project Or Per
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 productscompleted 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 rightof-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 non-contributory basis, this insurance 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:

PSE0004437
DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 PPU 304 06 10 Page 2 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.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 Policy Number: PSA0002924 RU Insurance Company
RLIPack® BUSINESS AUTO DECLARATIONS
RLI Insurance Company
9025 N. Lindbergh Drive
Peoria, IL 61615
(309) 692-1000

ITEM ONE
Van Oppen & Co 2, Inc
P.O. Box 793
Teton Village, WY 83025
Named Insured: SHN Consulting Engineers & Geologists, Inc.

Mailing Address:
812 W. Wabash, Eureka, CA 95501
Policy Period
From: 07-01-2021
To: 07-01-2022 At 12:01 A.M. Standard Time at your mailing address.

Previous Policy Number:

Form Of Busines s:
[K] Corporation D Limited Liability Company (LLC) D Ind ividual D Partnership D Other:

In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy.

Premium shown is payable at inception: $
Audit Period (If Applicable): D Annually D Semiannually D Quarterly Endo rsements Attached To This Policy
See Applicable Forms and Endorsements, RIL-2150
Countersignature Of Authorized Representative
Name:

Title:

Signature:

Date:

PPA 100 12 20 Contains copyrighted material of Insurance Services Office, Inc.

D Monthly

Page 1 ends

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 RIL 2150 (08/08) Page 1
Policy Number: PSA0002924
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

APPLICABLE FORMS & ENDORSEMENTS

FORMS AND ENDORSEMENTS LISTED BELOW APPLY TO AND ARE MADE PART OF THIS POLICY AT TIME OF ISSUE.

FORMS APPLY IN ALL STATES UNLESS DESCRIBED OTHERWISE IN THE FORM OR IN THE 'Applicable In' COLUMN BELOW.

Form Number Form Title Applicable In
CA0001 11 20 BUSINESS AUTO COVERAGE FORM
PPA300 03 13 RLIPACK BUSINESS AUTO ENHANCEMENT
PPA301 01 11 RLIPACK DRIVER EXCLUSION
PSA2345 12 20 PUBLIC OR LIVERY PASSENGER CONVEYANCE AND ON-DEMAND

DELIVERY SERVICES EXCLUSION
CA2048 10 13 DESIGNATED INSURED FOR COVERED AUTOS LIABILITY

COVERAGE
CA2345 11 16 PUBLIC OR LIVERY PASSENGER CONVEYANCE AND ON-DEMAND

DELIVERY SERVICES EXCLUSION
CA
CA9903 10 13 AUTO MEDICAL PAYMENTS COVERAGE
CA9944 10 13 LOSS PAYABLE CLAUSE
CA0143 05 17 CALIFORNIA CHANGES
CA0305 10 13 CALIFORNIA CHANGES - WAIVER OF COLLISION DEDUCTIBLE CA0424 10 13 CALIFORNIA AUTO MEDICAL PAYMENTS COVERAGE
CA2154 11 20 CALIFORNIA UNINSURED MOTORISTS COVERAGE - BODILY INJURY
CA0149 10 13 OREGON CHANGES
CA2105 01 16 OREGON UNINSURED MOTORISTS COVERAGE - BODILY INJURY CA2236 11 16 OREGON PERSONAL INJURY PROTECTION
IL0270 07 20 CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL IL0142 09 08 OREGON CHANGES - DOMESTIC PARTNERSHIP
IL0279 09 08 OREGON CHANGES - CANCELLATION AND NONRENEWAL IL0003 09 08 CALCULATION OF PREMIUM
IL0017 11 98 COMMON POLICY CONDITIONS
IL0021 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM)
ILF0001C 04 16 SIGNATURE PAGE
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 Policy Number: RLI Insurance Company
Named Insured:

PPA 300 03 13 Page 1 of 5
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® BUSINESS AUTO ENHANCEMENT

SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. Broad Form Named Insured
B. Employees As Insureds
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
E. Employee Hired Autos
F. Fellow Employee Coverage
G. Auto Loan Lease Gap Coverage
H. Glass Repair – Waiver Of Deductible
I. Personal Effects Coverage
J. Hired Auto Physical Damage Coverage
K. Hired Auto Physical Damage – Loss Of Use
L. Hired Car – Worldwide Coverage
M. Temporary Transportation Expenses
N. Amended Bodily Injury Definition – Mental Anguish
O. Airbag Coverage
P. Amended Insured Contract Definition – Railroad Easement Q. Coverage Extensions – Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound
R. Notice Of And Knowledge Of Occurrence
S. Unintentional Errors Or Omissions
T. Towing Coverage
PSA0002924
SHN Consulting Engineers & Geologists, Inc.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 PPA 300 03 13 Page 2 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, Paragraph A.1. Who Is An Insured Provision:

Any business entity newly acquired or formed by you
during the policy period, provided you own fifty
percent (50%) or more of the business entity and the
business entity is not separately insured for Bus-iness 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, Paragraph 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, Paragraph A.1. 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 II – 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, 5.

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.1. 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:

1. The amount paid under the PHYSICAL
DAMAGE COVERAGE section of the policy; and

2. Any:
a. Overdue lease/loan payments at the time of
the “loss”;
DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 PPA 300 03 13 Page 3 of 5
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 loss 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) If a repair or replacement results in better
than like kind or quality, we will not pay for the
betterment.
(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 III – PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. 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:
f. Hired Car – Worldwide Coverage
(1) We will pay all sums an “insured” legally must
pay as damages because of “bodily injury” or
“property damage” to 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
America, the territories and possessions of
the United States of America, Puerto Rico,
and Canada:

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 PPA 300 03 13 Page 4 of 5
(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 will reimburse you:
(i) For the amount of damages because 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 incurred
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
Business 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 accident 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
covered “auto”.
(2) We will pay only for those covered “autos” for
which you carry Comprehensive, Colli-sion 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.

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.

Q. 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:

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 PPA 300 03 13 Page 5 of 5
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 And 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 “loss” including:
(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 Misrepresentation 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 provision 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 private 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.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84)
©1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved.

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT−CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be _____% of the California workers’ compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No.

Insured Insurance Company
Countersigned By
2 RLI Insurance Company
All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss.

Jobs performed for any person or organization that you
have agreed with in a written contract to provide this
agreement.

PSW0004950
SHN Consulting Engineers &
Geologists, Inc.
07-01-2021
DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74  1983 National Council on Compensation Insurance.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No.

Insured Premium
Insurance Company Countersigned by ___________________________________________ WC 00 03 13
(Ed. 4-84)
63110.68
SHN Consulting Engineers & Geologists, Inc.

PSW0004950
07-01-2021
RLI Insurance Company
(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
Any person or organization that you have agreed with in a written contract to provide this agreement.

DocuSign Envelope ID: E0663904-BA8C-4E74-A95E-61276AEBEF74

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