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11-0503_HDR ENGINEERING, INC._Peronal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 3d day of May, 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and HDR Engineering, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to perform Pre - Construction Avian Nest Sunreysforthe Del Obispo Bridge Widening Project (CIP 07107); and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than December 31, 2011. Section 3. Compensation, 3.1 Amount. Total compensation for the services hereunder shall not exceed Three Thousand Two Hundred Dollars ($3,200.00) as set forth in Exhibit "A." 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all time based and reimbursable costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assignment. .The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned by either party, voluntarily or by operation of law, without the prior written approval of the other party. if Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. . Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. . By executing this Agreement, Consultant represents that; (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E-Veri . 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2, E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the EWVerify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at.http://www.uscis.gov, or access the registration page at htt s://e-verif .uscis. ov/enroll/. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Cosies of Instruments of Sery At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 3 Section 12, Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits with the exception of those standard details and specifications regularly used by the Consultant in its normal course of business shall upon payment of all amounts rightfully owed by the City to the consultant herein be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services and that any reuse or modifications for purposes other than those intended by the Consultant t shall be at the City's sole risk and without liability to the Consultant. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including reasonable attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, to the extent caused by the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Consultant's indemnification and defense obligation shall be limited to the percentage of fault apportioned to Consultant by a court of law, arbitrator or by mutual agreement between the parties to this Agreement. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the 0 subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Commercial General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Commercial General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. - 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance. certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, and agents, as additional insureds as respects each of the following: Liability arising out of activities ...... .... ............ ...... _............. ... -........ ---....--------------....---------------.._...---------.....- ..... ... --...-------------------------- ---------------------------...--.-----.---------..,.---------...------.....---..............--.._........................................................._........................... performed by or on behalf of Consultant; including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, fired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. on 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000) per claim. Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement maybe terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nisha A. Patel n To Consultant: HDR Engineering, Inc. 3230 EI Camino Real Suite 200 Irvine, CA 92602 Attn: Ingrid Chlup Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. To be the prevailing party the other party must be deemed at least 75% liable by a proper tribunal or an arbitrator. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: Omar Sand v ' I, City Attorney CITY OF SAN JUAN CAPISTRANO n � By: Dave Adams, City Manager HDR ENGINEE I �, INC. ; April 25, 2011 Ms, Nisha Patel City of San Juan Capistrano 32400 Pasco Adelanto San Juan Capistrano, CA 92675 Subject: Proposed Scope of Services — City of San Juan Capistrano --Dal Obispo Bridge Widening Project Pre -construction Avian Nest Surveys Dear Ms. Patel: We are pleased to present this proposed Scope of Services to provide avian pre - construction nesting surveys in San Juan Capistrano, Orange County, California. The project site/study area identified for the pre -construction nesting surveys is the area within 50 feet of the construction limits for the Del Obispo Bridge Widening Project. Project construction is anticipated to begin as early as Mayl5, 2011. The anticipated start date occurs within the bird breeding season. According to the Biological/Regulatory Assessment for the project (GLA, 2008), if an active raptor nest occurs within 50 feet of the construction limits, the project team may need to implement noise attenuation devices and/or strategies to reduce the noise level to below 60 dBA Leq on an hourly average. This scope of work does not include noise monitoring (acoustical consultant or biologist) or the construction of noise walls. if these items were required, a separate scope of work and cost estimate would be needed to perform the work. Task 1: Pre -construction Avian Nesting Surveys Per the proposed mitigation measures of the Biological/Regulatory Assessment for the project, HDR will conduct a pre -construction nesting survey for avian species, within 50 feet of the construction limits. Nesting surveys are generally considered valid for approximately five days prior to the initiation of construction. A field map -—.....- -- ...------- wiCl be prepared of the proaect site/study area based upon suitable habitat --The -- purpose of the nesting survey will be to determine the presence/absence of active nests, including those protected under the Migratory Bird Treaty Act. HDR will flag any active nest within the survey area and map the resource accordingly. Positive identification of an active nest within the project footprint would require avoidance until the young have fledged. if additional nest monitoring is required, a separate scope of work and cost estimate would be needed to perform the work, HDR will prepare a nesting survey letter report which outlinesthefindings of the nesting survey. The letter report will include the location of any nesting birds observed during the survey. The map will be prepared using existing aerial photography, GPS -derived data, and a geographic information system HUR.EngNeering,htc. 86W Balboa Avenue 858-712-6400 Suite 260 858-712-8333 (fax) San Diego, CA 9212$ r Ms. Nisa Patel City of San Juan Capistrano April 26, 2011 Page 2 (GIS) database. The letter report will also include recommendations for mitigation measures (if applicable) needed to avoid direct/indirect impacts to potential nesting birds that may occur as a result of project construction. Deliverable: Single iteration nesting survey letter report. FOR will provide up to five hardeopies and one electronic copy (PDF). Cost Estimate: $3,200 Please contact our project manager, Ingrid Chlup at 714.730.2389 if you have any questions or comments. HDR is prepared to begin work immediately on this effort upon receipt of notice to proceed. Sincerely, HDR ENGINEERING, INC. "kms' Tim Gnibu.s Environmental Business Class Lead HiD £ilginveving, tsm 32400 PASEO ADIEL.ANTO i f MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 � sAr�ALLEVAro (949) 493.917'9 � I�tBBPa9Ar#n LAURAFREESE (949) 493-9053 FAx rn�eGESXra �9�� LARRY KRA ER ww,sanjuancapistrano.org 1776 DEREK REEVE JOHN TAYLOR . TRANSMITTAL TO: HDR Engineering Inc Attn: Ingrid Chlup 3230 El Camino Real, Suite 200 Irvine, CA 92602 DATE: May 11, 2011 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Personal Services Agreement — Pre -Construction Avian Nest Survey Del Obispo Bridge Widening Project (CIP 07107) Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please beep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Nisha Patel, Associate -- --Engineer at (949) 443-6360♦ Cc: Nisha Patel, Associate Engineer San Juan Capistrano: Preserving the .,fast to Enhance the Future Today's Date: 5-10-11 A*IZIII III ZEN,iii*kTA►&.IJ,1.h fit Transmittal Routing (Check All That Apply) City Attorney City Manager City Clerk CIP No, (if any): — CIP No. 07107 Project Manager's Last Name: ,Patel Phone Extension: 0350 Council or CRA Meeting ©ate (if applicable): APPROVING AUTHORITY: (Check Orae) ® Mayor ❑ CRA Chair ® City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded – only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement – unless the mailing address is included within the body of the agreement: Names Street City St Zi OTHER INSTRUCTIONS: Please have the attached signed. I have provided insurance and E -verify information. Let me know if you need anything else. I am anxious to get the consultant started on the work. We cannot start bridge construction until they do the bird survey. Thank you, Nisha Form Date: 01-2004 D-7 Nisha Patel From: Thompson, Andrew <AThompson@lockton.com> Sent: Thursday, May 05, 2011 11:34 AM To: Nisha Patel; 'SHARON.HELSENS@HDRINC.COM' Cc: 'bkudron@hdrinc.com'; Lehman, Marilyn Subject: CITY OF SAN JUAN CAPISTRANO Attachments: previewliabilityholder.aspx.pdf Follow Up Flag: Follow up Flag Status: Flagged Please see attached cert. # 11.264121 and have a great day. Andrew Thompson, AIMS' Technical Services Assistant Lockton Companies, LLC 44tri 47th `street Kan�cas City, MO, 641 F:ei�. athompson(Mockton.corn CERTIFICATE OF LIABILITY INSURANCE.ATE(MMfDD1YYYY) ,,. 61112011 1 5/5/2011 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 pollcy(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). PRODUCER Loekton Companies, LLC -1 Kansas City - 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 ONTACT CAE PHONE FAx 9 1vrC1j:.W....._.W.............. __, AfNai:_._.....m.m.. E-MAIL ADDRESS: INSURER(S),AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Company,19682 Y INSURED I TDR ENGINEERING, INC. 1013472 A'TTN: LOUIS J. PACIMAN : St. Paul hire and Marine Insurance Company 247.62 -INSURERS INSURER C: New Hampshire Insurance Company 23841 INSURER D: Insurance Company of the State of PA 19429 8404 INDIAN HILLS DRIVE OMAHA, NE 68114-4049 INSURER E! Zurich American Insurance Company 16535 INSURER F CLAIMS -MADE XjPCCUR COVERAGES 14DRTNO1 SA CERTIFICATE NUMBER: 11264121 REVISION NUMBFR: XXXXXXX 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. INSR LTR TYPE OF INSURANCE ADD INSR SUER WVD POLICY NUMBER POLICY EFF MMIDOIYYYY POLICY EXP MMIDDIYYYY LFMITS A GENERAL LIABILITY X MMERCIAL GENER L LjABILITY Y Y 37CSEQU095(l - 81/2010 6/1/201I EACH OCCURRENCE LUDIODO DAMAGE TO RENTER PREMISES (Ea pccurrenc;e) $ 1,000,000 MED EXP Anv one erson) $ 1 MOO CLAIMS -MADE XjPCCUR PERSONAL s ADV INJURY $ 1,000,000 X I Contractual Liab. GENERAL AGGREGATE $ 2,000,000 ..... GENT AGGREGATE LIMITAPPLIES PER: PRODUCI�S - COMPIOP AGG $ 2.000,000 $ POLICY X PRO- X,,, LOC - A A AUTOMOBILE LIABILITY - X ANY AUTO NY N 37CSFQUO951 (AOS) 37CSEQUO952 (HI) 6/1/2010 6!1/2010 6/1/2011 6111201 1 Ea (Ea'111hni) $ 2,000,000 cci 1NJURV (Per person) $ XXXXXXX _ SODlt.Y INJURY Per accident ALL OWNED SCHEDULEDx,xXXXXX AUTOS AUTOS X HIRED AUTOS P X NON -OWNED AUTOS PROPERTY DAMAGE $ XXXXXXX $XXXXXXX B X UMBRELLA LIAR X OCCUR N N QK08000912 6/1/2010 6/1/2011 EACH OCCURRENCE $ 11000,000 EXCESS UAB CLAIMS -MADE (EXCLUDES PROF. LIAR) AGGREGATE $ 1,000,000 DEO LXJ RETENTION$ S0 $ xxxxxxx C DYIN WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERJMEMSER EXCLUDED? (Mandatory in NH) N-! A Y 3621195. AOS) 3621 l96 (CA) 6/1/2010 GIi12010 711201 1 711/20l i W TA U- - S X TORY LIMIT ER E.L, EACH ACODENT $ 1,0Q0,000 E.L. DISEASE - EA EMPLOYEE $ 11000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1 E ARCHS & EiNGS N N EOC9260026-03 6/1/2010 6/1/2011 PER CLAIM: $1,000,000 AGG: PROFESSIONAL S 1,000,000, LIABILITY DESCRIPTION OF OPERATIONS I LOCATIONS; VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: CITY OF SAN JUAN CAPISTRANO DO BRIDGE BIRD SURVEY. CITY OF SAN .YUAN CAPISTRANO, ITS OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY AS PER WRITTEN CONTRACT', ON .A PRIMARY, NON-CONTRIBUTORY BASIS, WAIVER OF SUBROGATION APPLIES WHERE; APPLICABLE BY LAW, CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL RE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11264121 CITY OF SAN JUAN CAPISTRANO ATTENTION: NISHA PATEL 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 37CSEQUO950 HARTFORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT OR AGREEMENTI OPTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s): Blanket coverage as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule above with whom you agreed in a written contract or written agreement to provide insurance such as is afforded under this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by: 1. Your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations for such additional insured at the project(s) or location(s) designated in the Schedule; b. In connection with your premises owned by or rented to you and shown in the Schedule; or c. In connection with "your work" for the additional insured at the project(s) or location(s) designated in the Schedule and included within the "products -completed operations hazard", but only if: (1). The written contract or agreement requires you to provide such coverage to such additional insured at the project(s) or location(s) designated in the Schedule; and (2). This. Coverage Fart provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". 2. The acts or omissions of the additional insured in connection with their generai supervision of your operations at the projects or locations designated in the Schedule. B. The insurance afforded to these additional insureds applies only: -- -----------1-.—I#-the—"occurrence"-or--offense-takes-place-subsequent-to-the--execution-of-such_wr-i.tte.n-contra.ct-or.--------...-..._..---------..-......------ written agreement; and 2. While such written contract or written agreement is in force, or until the end of the "policy period", whichever is earlier. C. With respect to the insurance afforded to these additional insureds under this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional architectural, engineering or surveying services by or for you, including: 1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; and 2. Supervisory, inspection, architectural or engineering activities. Mlscellaneous Attachment: M6509 Cerdileate ID: 11264121 D. How Limits Apply To Additional Insureds The most we will pay on behalf of the additional insured shown in the Schedule is the lesser of: 1. The limits of insurance specified in the written contract or written agreement; or 2. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. E. Duties Of Additional Insureds In The Event Of Occurrence, Offense, Claim Or Suit The Duties Condition in Section IV - Conditions is replaced by the following and applies to the additional insured shown in the Schedule: 1. Notice Of Occurrence Or Offense The additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: a. How, when and where the "occurrence or offense took place; b. The names and addresses of any injured persons and witnesses; and c. The nature and location of any injury or damage arising out of the "occurrence" or offense. 2. Notice Of Claim If a claim is made or "suit" is brought against the additional insured, the additional Insured must: a. Immediately record the specifics of the claim or "suit" and the date received; and b. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. 3. Assistance And Cooperation Of The Insured The additional insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. Obligations At The Additional Insureds Own Cost No additional insured will, except at that insured's own cost; voluntarily make a payment, assume any -obligation, or incur any expense, other than for first aid, without our consent. 5. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to the additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insureds Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs 1. and 2. applies to the additional insured only when such 'occurrence", offense, claim or "suit" is known to: a. The additional insured that is an individual; b. Any partner, if the additional insured is a partnership; c. Any manager, if the additional insured is a limited liability company; d. Any "executive officer" or insurance manager, if the additional insured is a corporation; e. Any trustee, if the additional insured is a trust; or f. Any elected or appointed official, if the additional insured is a political subdivision or public entity. F. Other Insurance With respect to insurance provided to the additional insured shown in the Schedule, the Cather Insurance Condition Section IV - Conditions is replaced by the following: 1. Primary Insurance Miscellaneous Attachment: M5509 Certificate V 11264321 a. Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in 3, below. b. Primary And Non Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs a. and b. do not apply to other insurance to which the additional insured has been added as an additional insured or to other insurance described in paragraph 2, below. 2. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: a. Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; b. Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; c. Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; d. Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; e. Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; or f. When You Are Added As An Additional Insured To.Other Insurance That:is any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured agaihst any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: -----...._............---..._ ................. a.__-Th.e_tctal__am.o..unt..that_a.11._such_other_ins.u.r-ance_w.ould-pay_for'thetoss_in_the_abs-ncaofthis-----.......---------------....---...._...._.........__-___ insurance; and b. The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is"not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits, lander this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Hartford Form #H52481 Miscellaneous Attachment: M5509 Certificate IG: 19264125 Ernploy. rWizard Page 1 of 2 E -Verify. Welcome user to � Employment Eligibility Verification Marflyn Kerans MKER7406 Home Company Information My Cases New Case View Cases Company Name: HDR Engineering, Inc. My Profile Edit Profile Company ID Number: 42021 Doing Business As (DSA) Change Password Name: Change Security Questions DUNS Number: My Company Edit Company Profile Physical Location- Mailing Address Add New User Address 1: 8404 Indian Hills Drive Address 1: View Existing Users Andress 2: Address 2: Close Company Account City: Omaha City: My Reports State: NE State: View Reports Zip Cade: 68114 Zip Code: My Resources County: DOUGLAS View Essential Resources Take Tutorial Additional information: View User Manua! Employer Identification Number: 470680568 Contact Us Total Number of Employees: 100 to 499 Parent Organization: Administrator: HDR Organization Designation: Employer Category: Federal Contractor with FAR E -Verify Clause Federal Contractor Category: None of these categories apply Employees being Verified: Entire workforce (all new (tires and all existing employ company) 541330 - ENGINEERING SERVICES Total Hiring Sites: https://e-verify.uscis.gov/emp/EmployerWizard.aspx 11/23/2010 Employef-Wizard Page 2 of 2 Total Points of Contact: 1 i U.S. Department of Homeland Security - www.dhs.gov U.S. Citizenship and Immigration Services - www:uscis.gov https://e-verify.uscis.gov/emp/L-mployerWizard.aspx 11/23/2010