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PW16-171 - Original - GeoEngineers, Inc. - County Road No 8 Levee - 04/28/2016
A 4 ^40� gem KENT Document WAS HINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Off ice. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: GeoEnqineers, Inc. Vendor Number: JD Edwards Number Contract Number: Py This is assigned by City Clerk's Office WJMRMBU�= Description: FJ Interlocal Agreement [] Change Order 0 Amendment Z Contract El Other: Contract Effective Date: 4/28/16 Termination Date: 12/31/16 Contract Renewal Notice (Days,): Number of days required notice for termination or renewal or amendment Contract Manager: Richard Schleicher Department: Engineering Contract Amount: .$15,923.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide flood protection concepts and preliminary cost estimates for the project. As of: 08/27/14 • KENT W.. n.. aT... CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383- 4940/Fax: (253) 383-4923, Contact: Lyle Stone (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide flood protection concepts and preliminary cost estimates for the County Road No. 8 Levee project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifteen Thousand, Nine Hundred Twenty Three Dollars ($15,923.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - ($20, 000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. For claims arising or alleged to arise from Consultant's professional services only, Consultant's duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 ($20, 000 or Less) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents in the performance of the contract work and shall utilize all protection necessary for that purpose and shall cause any subcontractors hired by Consultant to be responsible for the safety of its employees and agents. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any CONSULTANT SERVICES AGREEMENT - 3 ($20, 000 or Less) dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 ($20, 000 or Less) K. Counterparts and Signatures _by. -,Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. By: .... . . . . . . ILI . . . . ... ........ kynature) Print Name,* Its: title) DATE: 4� • "a Lyle Stone GeoEngineers,, Inc. 1101 Fawcett Ave., Suite 20,0 Tacoma, WA 98402 (253), 383-4940 (telephone) (253) 383-4923 (facsimile) GeoEpomeers - rounty A"d 8 3/Schlelther NOTICES TO BE SENT TO: F4j7jrArgT5[Tf;WLW Timothy 1. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) III CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors aind suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: L 0 �'t PI Title: Date'. EEO COMPLIANCE DOCUMENTS - 1 fi<[�IQHLT40 f111 J SUBJECT: POLICY: CITY OF KENT ADMINISTRATIVE POLICY MINORITY AND WOMEN CONTRACTORS EFFECTIVE DATE: January 1, 1998 SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before -mentioned company was the prime contractor for the Agreement known as that was entered into on the Kent. (date) between the firm I represent and the City of I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before -mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A GEOENGINEERS, INC. COUNTY ROAD S LEVEE FLOOD PROTECTION CONCEPTS AND PRELIMINARY CONSTRUCTION COST ESTIMATES GREEN RIVER, FROM CENTRAL AVENUE BRIDGE TO SR 516 BRIDGE KENT, WASHINGTON APRIL 22, 2016 FILE NO.0410-175-05 INTRODUCTION The purpose of the project is to connect the existing Hawley Road Levee with the downstream levee at State Route (SR) 516 so that a continuous levee protection system can be established on the right bank of the Green River through the City of Kent. The specific project reach extends from South 251st Street to 62nd Avenue South, potentially utilizing the SR 516 embankment. This levee system will be used to revise Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) through the Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) process. We understand that a full CLOMR or LOMR will not be granted by FEMA until additional upstream levees are completed that can provide continuous levee protection that connects to natural high ground upstream of the Horseshoe Bend Levee. The goal of this project is to identify design and permitting approaches in order to design and construct the levee so that it can be incorporated into the larger City of Kent Green River flood protection system. To date under the prior Scope of Services, we have prepared a memorandum presenting conceptual designs for 100 and 500 year flood protection measures. The goal of this Scope of Services is to supplement the memorandum to provide an alternative conceptual design for flood protection that follows the Green River right bank through the project reach, rather than utilizing the SR 516 embankment, and to provide conceptual design level estimates of construction cost for the flood protection measures for both the previously developed and alternative flood protection approaches. SCOPE OF SERVICES The purpose of our services in this phase is to analyze available data in order to establish alternative preliminary levee alignments and concept for 500 year flood protection that follow the right bank of the Green River through the project reach (rather than using the SR 516 embankment as indicated for the previously developed flood protection concepts), and develop a preliminary construction cost estimate. A preliminary construction cost estimate for the 100 flood protection concept completed under prior scope will also be developed. It is our understanding that a preliminary cost estimate for the prior 500 year flood protection concept completed under prior scope was not requested by the City of Kent. We have organized this phase into one task. Our specific scope of services for this phase of the project includes: Task 9. - 3.00 and 500 Year Flood Protection Concept Preliminary Construction Cost Estimates 100 Year Flood Protection Preliminary Construction Cost Estimate Activities s Prepare a preliminary construction cost estimate for 100 year flood protection concepts submitted as part of our previous scope of services. City of Kent April 22, 2016 Page 2 100 Year Flood Protection Preliminary Construction Cost Estimate Deliverables s Revised the previously prepared flood protection concept memorandum to include a preliminary construction cost estimate and a brief cost estimate summary for construction related costs for 100 year flood protection of the concepts previously submitted. 100 Year Flood Protection Preliminary Construction Cost Estimate Assumptions ■ City of Kent will provide land acquisition costs related to the construction of the 100 year flood protection concept. a Existing Light Detection and Ranging (LiDAR) data will be used to develop quantities for costs. We can incorporate City survey data if it is provided to us in a single AutoCAD Civil3D file with 3D functionality. m No major revisions will be made on the 100 year flood protection concept submitted as part of our previous scope of services. If revisions to the 100 year flood protection concept are desired, an amendment to the project scope and budget may be required. m Incomplete utility and wetland data was available for the prior development of flood protection concepts. Our preliminary estimates of construction cost may not include all utility work or wetland mitigation measures, or other work needed, as a result of incomplete information available at this conceptual project stage. 500 Year Flood Protection Concept and Preliminary Construction Cost Estimate Activities e Prepare a 500 year flood protection concept drawing that indicates the flood protection alignment and approach, for an alignment that follows the right bank of the Green River in lieu of using the SR 516 embankment and typical cross sections. e Review storm drainage and utility information provided by the City of Kent. e We will also evaluate the anticipated right-of-way requirements and other site impacts of the proposed 500 year flood protection concept for the full length of the project. This is just to evaluate the right-of- way space, ROW acquisition costs will be handled by the City of Kent. e Attend up to one team meeting. We anticipate we will lead one team meeting with the City of Kent to present the final concept plan. 500 Year Flood Protection Concept and Preliminary Construction Cost Estimate Deliverables m Revised the previously prepared flood protection concept memorandum to include an alternative conceptual flood protection that follows the right bank of the Green River, plus preliminary construction cost estimate. The revised memorandum will include figures that identify in a conceptual manner the proposed project alignment, elevations, limits, and flood control approach for each section of the flood protection. The plan will summarize key design criteria (e.g., flood elevation and levee crest heights), and identify data gaps that need to be addressed to complete design work. 500 Year Flood Protection Concept and Preliminary Construction Cost Estimate Assumptions e Existing Light Detection and Ranging (LiDAR) data will be used to develop the preliminary flood protection concept, cross sections and quantities for costs. We can incorporate City survey data if it is provided to us in a single AutoCAD Civil3D file with 3D functionality. e Prepare the following four figures: two plan view figures of the 500 year flood protection alignment, and two figures that will include up to two typical levee cross sections per figure. GMENGINEER� File No. 0410-175-05 City of Kent April 22, 2016 TERMS AND FEE ESTIMATE Page 3 We are in a position to begin work promptly after receiving your authorization to proceed. Our services will be completed in accordance with the terms and conditions described in the City of Kent County Road 8 Levee Agreement, dated December 30, 2015. We will endeavor to keep you apprised of project status and conditions that may significantly affect our scope and estimate. u Scope of Services Total: $1.5,923 The total estimated cost of $15,923 represents the amount not to be exceeded without prior written authorization from City of Kent that modifies the scope of work presented herein. Project fees are estimated based on the hours and rates listed in Exhibit B (attached). We can complete project alternatives analyses, additional cost estimating, geotechnical investigation and engineering, wetlands investigation, other data collection, permitting, WSDOT coordination, preliminary and final design, bidding support, construction support, CLOMR preparation, and other work under a future scope of services and budget. LIMITATIONS There are no intended third party beneficiaries arising from the services described in this proposal and no parry other than the party executing this proposal shall have the right to legally rely on the product of our services without prior written permission of GeoEngineers. This proposal is valid for a period of 60 days commencing from the first date listed above and subject to renegotiation by GeoEngineers, Inc. after the expiration date. We appreciate the opportunity to work with you on this project. Please call if you have questions regarding this letter. Sincerely, GeoEngineers, Inc. US:KrPtt Attachment: Exhibit B. Fee Estimate Disclaimer. Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright© 2015 by GeoEngineers, Inc. All rights reserved. GWENGINEER� File No. 0410-175-05 Exhibit B: Fee Estimate County Road 8 Levee Concepts and Preliminary Construction Cost Estimate Kent, Washington GeoEnglneers, Inc. Task Description Principal (Ken Fellows) Associate Biologist (Joe Callaghan) Senior Engineer (Lyle Stone) Biologist (David Conlin) Engineer (Ryan Pearson) CAD Designer (Caroline VanSlyke) Support (Various) Total Hours Direct Expenses Fee Estimate Rate Rate Rate Rate Rate Rate Rate $234 $215 $205 $168 $142 $109 $95 Hours Hours Hours Hours Hours Hours Hours 1.0 100 Year Flood Protection Preliminary Construction Cost Estimate Hours 1 - 2 - 5 8 $1,354 Mileage Task Estimated Fee $1,354 2.0 500 Year Flood Protection Concept and Preliminary Construction Cost Estimate Hours 8 11 43 36 4 102 - $14,537 Mileage 60 @ $0.54 $32 Task Estimated Fee $14,537 Total Labor 91 13 48 36 1 41 110 - $15,891 Total Direct Expenses 1$3P Total Estimated Fee $15,923 File No. 0410-175.05 Exhibit 8 Fee Estimate I April 14, 2016 GMENGINEER =.C/ EXHIBIT C INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage 2. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. + 4. Professional Liability (Errors & Omissions) insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, EXHIBIT C (Continued) umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and completed operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. Automobile Liabilitv insurance with a minimum combined single limit ?ffioailffiiuty ;.d-property damage of at least $2,000,000 per accident' with limits no less than aggregate limit. 5,000,000 Per claim an insurance shall be written d $5,000,000 PolicY C, Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and commercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance as respect the city. Any insurance, self-insurance, or insurance pool coverage maintaineb OV tn. Cily stratt be excess 6f tne Contractor's insurance and shall not contribute with it' 2. The Contractor's insurance shall be endorsed to state that coverage shall not be lirt.etteA by either party, except after thirty (30) days.prior written *tiJ" by c'ertified mail, return'receipt requested, has been given to the CitY. 3, The City of Kent shall be named as an additional insured on all policies (except professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be'attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability' 2 3 D. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoev"rlo lny toots, Contractor's employee owned tools, machinery' equipment, or motoi uehict"s 6wned or rented by t.he Contractor, or the C6n{tjctot's ag"nts, suppliers or contractors as well as to any temporary structures, sca-ffolding and protective fences' EXHIBIT C (Continued) E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees' qacl of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insura-nce or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work, The policies shall provide such waivers by endorsement or otherwise. F. AccePtabilitY of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a gopy of the ;;.;a;i;ry "nOoir"r.ntr-, iniirOing bu[ not.n.gcq:s?{ly limited to the additional insured endorsem"ni, "uioi,ncing th6 Automobile Liability and commercial General LiaUitity insurance of the Contradtor before commencement of the work' H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor' GEOEINC.Ol SHETTYSNl - A,CORD"l--'CERTIFICATE OF LIABILITY INSURANCE REVISION NUMBERT DATE (MM/DD/YYYY} 4t2812016 NEGATIVELFICATE CERTIFICATEATIVE THISER.TE HOLDCERTITHElcAFHTSRIGPONNOUCONFERSLONANYDTIONINFORMAASATTERMAOFTECAtssuISEDRTICEFITHISPOLICIESTHEBYAFFORDEDRAGETHETERcovEDEXTENALORYYAMEND,ORRMAAFFITIVELDOESNOTCERTI AUTHORIZEDNGINSURER(S),ISSUITHEBETWEENNTRACTAcoCONSTITUTENOTINESURANCDOESTEFICAOFTHCERTIsBELOWHOLDER.AND THEPRODUCER,ORREPRESENT certif icate holder in lieu of such endo lS WAIVED, subject to not confer rights to the TIONUBROGAorsed.end slfbemustREDSUtheINpolies)icy(isholder ADDITIONALanT:certificatelftheMANPORT oesdrsthcertificateonAstatementendorsement'annrequiretheofcertaimayconanditionspoliciesdtermspolicythe nterGeCertificateWatsonliswitTowers 467-2378945-7378 llis.com NAIC #COVERAGE a : Contin ental lnsurance C PRODUCER Willis of Seattle, lnc. c/o 26 Century Blvd P.O. Box 305{91 Nashville, TN 37230-5191 78of HartfordBNational Fire lnsurance Com c, Li lnsurance ration lnsurance GomD:F E INSTJRER F: GeoEngineers, lnc' 84't0 l54th Ave. NE Redmond, WA 98052 INSURED COVERAGES c ERTIFICATE NUMBER: CERTIFICATE MAY PERIODPOLICYFORTHEEDNAMABOVETOEDINSUREDTHEISSUBEENHAVEBELOWENSURANCLISTEDPOLICTHEESOFTHATCERTIFYSTHITHISSTOWHICHTORESPEQTWTHOTHORDOCUMENTERCONTRACTONOFANYTERMCONDITI0RREQUIREMENTANYGOTWTHSTANDINNTOTHEALLTERMS,ND ICATED.ts BJECTHEREINSUESLtctDESCRIBEDPOBYTHEEDAFFORDINSURANCETHEPRTEAINrssEDURoMAYBEMAYDPAIBYCLAIMS,DEBEREDUCENHAVESHOWNLIMITSOFsPOLICtES.SUCHcoNANDDITIONEXCLUSIONS LIMITS TYPE OF INSURANCE 1$EACH OCCURRENCEx 1$ 1$MED EXP one 1,000,$PERSONAL & ADV INJURY 2,000$GENERAL AGGREGATE 2$PRODUCTS -AGG 1STOP GAP 03131120170313112016XX{65 COMMERCIAL GENERAL LIABILIry X GEN'L AGGREGATE LI[TIT APPLIES PER: ,or,", lX I !F"oi [Xl '-o" CLAIMS-MADE OCCUR $1 $BODItY INJURY (Per Person) $BODILY INJURY (Per accident) $ $ 03131t201703r3112016xX96 AUTOMOBILE LIABILITY SCHEDULED AUTOS NON-O\44!ED AUIOS ANY AUTO HIRED AUTOS ALL O\A/TIED AUTOS B 000$EACH OCCURRENCEX $AGGREGATE OCCUR CLAIMS.MADE UMBRELLA LIAB EXCESS LIAB 031311201703/31 /201 6-661 -066735-01 6 X 10 c X 1$E.L. EACH ACCIDENT 1,00$E,t. DISEASE - EA 1- POLICYE.L. DI 03t31120170313112016X79 N/AD WORKERS COMPENSATION AND EMPLOYERS' LIABILIW N Y/N EXCLUDED? and Maritime Employers Liability coverage is included under workers' compensation coverage evidenced above' moreif i6attachedspace required)beSchedule,Remarks mayAdditionalVEHICLES01,LOCATIONS (ACORDOFDESCRIPTIONOPERATIONS {6.4t27t20DATEDTECERTIFICAUSLISSUEDREPLACPREVIOESVODSIRoadLevee.041 0-1 75-05FileneersNo.Countygi General Liability policy includes a Separation of lnsureds clause' SEE ATTACHEO ACORO 101 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE iiii-ixpinarroN DArE THEREoF, NorlcE wlLL BE DELIvERED lN ACCORDANCE WITH THE POLICY PROVISIONS. ffi;rry{,ffi.^* AUTHORIZED REPRESENTATIVE City 220 WA of Kent Fourth Avenue South CERTI @ 1988-2014 ACORD CO ACORD 2s (2o14to'tl The ACORD name and logo are registered marks of ACORD RPORATION. All rights reserved. AGENcy cuSToMER 1p' GEOEllr. ull LOC #: 1 ADDITIONAL REMARKS SCHEDULE SHETTYSNl - ACORD'\-/Page 1 of 1 AGENCY Willis of Seaftle, lnc. NAMED INSURED GeoEngineers, lnc. 841 0 1 54th Ave. NE Redmond, WA 98052POLICY NUMBER SEE PAGE 1 CARRIER NAIC CODE EE PAGE 1 P1 EFFEcrlvE DATE: SEE PAGE 1 RKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORMNUMBEf,; ACORD2s FORMTITLE:Certificate of Liabilitv ln Description of Operations/Locations/Vehicles: The City of Kent is included as an Additional lnsured as respects to General Liability and Auto Liability as required by writtencontract. 9eneral Liab!1tV and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which maybe purchased by Additional lnsured as required by written contract. Waiver of Subrogation applies in favor of City gf Kent and any of their Subcontractors, Sub.subcontractors, agents and employees,each of the other with respects to General Liability, Auto Liability and Workers Compensation as required by iritten contract and aspermitted by law. @ 2008 ACORD CORPORATION. Ail rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 101 (2008/01) CTTA Blanket Additional Insured 'Owners, Lessees or Gontractors - with Products'Gompleted Opera tions Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENEML LIABILITY COVERAGE PART It is understood and agreed as follows: L The wHo ls AN INSURED section is amended to add as an lnsured any person or organization whom the Named lnsured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement' However, such person or organization is an lnsured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions oy oi on oenitrot tire Named lnsured and in the performance of such Named lnsured's ongoing operations as specified in such written contract; or 2.bodilyinjuryorpropertydamagecausedinwholeorinpartbyyourworkandincludedinthe products'completed operations hazard, and only if a. the written contract requires the Named lnsured to provide the additional insured such coverage; and b. this coverage part provides such coverage' B.bodityinjury,propertydamage,orpersonalandadvertisinginjuryarisingoutofyourworkdescribedin such written contract, but onlY if: ,1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named lnsured to provide additional insured coverage under the 1 1 -85 or 10-01 edition-of CG2010 or the 10-01 edition of CG2037' ll. subject always to the terms and conditions of this policy, including the limits of insurance, the lnsurer will not provide such additional insured with: A.coveragebroaderthanrequiredbythewrittencontract;or B. a higher limit of insurance than required by the written contract. lll. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services' including: 1. the preparing, approving, or failing to prepare or. approve maps, shop drawings, opinions, reports, surveys, field-orders, change orderJor drawings and specifications; and 2.supervisory,inspection,architecturalorengineeringactivities;or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part' tV. Notwithstanding anything to the contrary in the section entitled CoMMERCIAL GENERAL LIABILITY coNDlloNS, the condition entifled othei lnsurance, this insurance is excess of all other insurance available to the additionat insured whether on u piir"w,L*.u$, contingent or any other basis' However, if this insurance Policy No 0240491 cNA75079XX (1-15) Page 1 of 2 Endorsement No: Effective Dale: 313112016 lnsured Name: Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc , with its permission CTTA Blanket Additional lnsured - Owners, Lessees or Contractors - with Products-Gompleted Operations Goverage Endorsement is required by written contract to be primary and non-contributory, this insurance will be primary and non- contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties ln The Event of Occurrence, Offense, Glaim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the lnsurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph lV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the lnsurer copies of all legal papers received, and othenryise cooperate with the lnsurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the lnsurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The lnsurer has no duty to defend or indemnify an additional insured under this endorsement until the lnsurer receives written notice of a claim from the additional insured. Vl. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named lnsured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged This endorsem ent,which form s pa rt of a nd is for attach ment to t h e Po licy issued by the d es ign ated nsu rers takes effect on t he effective date of said Policy at the hour stated n said Policy u n les S an other effective d ate is shown below and co ncu with SA id cNA75079XX (1-15) Page 2 of 2 PolicY No:6024049165 Endorsement No: Effective Dale: 3131 1201 6 lnsured Name: Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. Arc h itects, E n s i n ee rs a n d s u rveYo rs, Sf E?f: llSlill{ CTTfi. It is understood and agreed that this endorsement amends the GOMMERCIAL GENERAL LIABILITY COVERAGE pART as foilows. rt a?iv oirrJi endorsemeni "tlj.huo to this policy amends any prov'sion also amended by this endorsement, then that other endorsement controls with respect to such provisidn, and the changes made by this endorsement with respect to such provision do not apply' TABLE OF CONTENTS 1. Additional lnsureds 2 lnsuts rancealitionulnsredoTAddNoAndn-Contrired butoryudAdlnsitionalPrimary 3. Additional Insured - Extended Coverage 4. Boats 5. Bodily lnjury - Expanded Definition e of Occurrence/ Notice of Occurrence6.Broad Knowledg 7. Broad Named Insured 8. Contractual Liability - Railroads 9. Estates, Legal Representatives and Spouses Or lntended lnjury - Exception for Reasonable Force10. Expected ate Limits of lnsurance - Per Location11. GeneralAggreg 12. ln Rem Actions {3. lncidental Health Care Malpractice Coverage 1 4. Joint Ventu res/Partnershi p/Lim ited Liabi I ity Com panies 15. Legal Liability - Damage To Premises 16. Liquor LiabilitY 17. MedicalPaYments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft nfoumHiliatioDisconriminatiAndalAdvertisPersonnjurying20. 21. Personal And Advertising lnjury - Contractual Liability 22. Propefi Damage - Elevators 23. Retired Partners, Members, Directors And Employees 24. Supplementary PaYments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation - Blanket PlnsuranceConsoratedtid rogramsPoctPccrop(Wrap-UronExtens27pWrap-U Policy No: 6024049165CNA74858XX (1-15) Page 1 of 17 lnsured Name: Endorsement No: Effective Date: 3131 12016 copyright cNA All Righis Reserved. lncludes copyrighted material of lnsurance services Office, lnc., with its Permission. CtrA Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO lS AN INSURED is amended to include as an lnsured any person or organization described in paragraphs A. through l. below whom a Named Insured is required to add as an additional insured on this Goverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through l. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named lnsured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named lnsured; or 2. premises such person or organization owns, maintains or controls while a Named lnsured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of lnsured Premises A co-owner of a premises co-owned by a Named lnsured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named lnsured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named lnsured's acts or omissions, or the acts or omissions of those acting on the Named lnsured's behalf: a. in connection with the Named lnsured's premises; or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named lnsured, including but not limited to: cNA74858XX (1-15) Page2of 17 Policy No: Endorsement No: Effective Date: lnsured Name: Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission A rc h i te cts, E n g i n e e rs a n d S u rv eYo rs, S"" E?rfl rtJSlll l{ CTTA' 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions' reports' surveys', field orders, change orders or drawings and specifications; or 2. supervisory, inspection, architectural or engineering activities. D. Lessor of EquiPment Any person or organization from whom a Named lnsured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part' by the Named lnsured,s r"int"n"n.", Jperation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense'giving rise to such personal and advertising injury takes place prior to the termination of such lease' E. Lessor of Land Any person or organization from whom a Named lnsured leases land but only with respect to liability for bodily injury, property damage or persona| and advertising injury arising .out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, prope.rty damage or the offense giving rise to such personal and adverti-ing injury takes place prior to the termination of such lease. The "ou"r"g" granied by this paragraph does not ?pply.!9 structural alterations' new construction or demolition operatiois ierformeO by, on behalf of, or for such additional insured' F. Lessor of Premises An owner or lessor of premises leased to the Named tnsured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenanc" o1 uie bt such part of the premises leased to the Named Insured, and provided that the o""u.r"n"" giving rise to such bodily injury or property damage, or the offense giving rise to such personal and ad-vertising injury, takes place prior to the termination of such lease. The coverage granted by this p"t"gr"pn does iot ippiy to structural alterations, new construction or demolition operatio'ns"performed by, on behalf of, or for such additional insured' G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee' assignee or receiver's liability for bodily injury, property damage or personat and advertising injury arising out of the Named lnsured's ownership, malntenance, or use of a premises by a Named lnsured' The coverage granted by this paragraph {oe-s n9t appl.y to structural alterations, new construction or demolition oierJtions performed by, o-n O'efratf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions - Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with -respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named lnsured owns, rents, or controls and to which this insurance aPPlies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings' sidewalk vaults, street banners, or decorations and similar exposures; or b, the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Page 3 of 17 lnsured Name: CoPYright CNA All Rights Reserved PolicY No Endorsement No Effective Date lncludescopyrightedmaterialoflnsuranceServicesoffice,lnc',withitspermission. CtrA 2. Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named lnsured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the lnsurer will treat as a written contract any governmental permit that requires the Named lnsured to add the governmental entity as an additional insured. l. Trade Show Event Lessor 1. With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named lnsured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. ADDITIONAL INSURED. PRIMARY AND NON.CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other lnsurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: lf the Named lnsured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the lnsurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization i6 excess of any other insurance available to such person or organization. ADDITIONAL INSURED - EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage part, WHO lS AN INSURED is amended to make the following natural persons lnsureds. lf the additional insured is: a. An individual, then his or her spouse is an lnsured; b. A partnership or joint venture, then its partners, members and their spouses are lnsureds, c. A limited liability company, then its members and managers are lnsureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are lnsureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. 3. CNA74858XX (1-15) Page 4 of 17 Policy No: Endorsement No: Effective Date: lnsured Name: Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. A rc h i te cts, E n g i n e e rs a n d S u rveYo rs, S"" E""Tl l;'3li I lil CfrA 6. 4. 5. or claim. 7. BROAD NAMED INSURED Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person lnsureds' BOATS Under COVERAGES, Coverage A - Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following aioltionat exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not aPPIY to: . Any watercraft owned by the Named lnsured that is less than 30 feet long while being used in the course of the Named lnsured's inspection or surveying work' BODILY INJURY - EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, inclu.ding death, humiliation' shock, mental anguish or mental injury sustained by that person at anytime which results as a consequence of the physical injury, sickness or disease. BRoADKNoWLEDGEoFoccuRRENCE/NoTlcEoFoccURRENcE under coNDlTloNS, the condition entifled Duties in The Event of occurrence, offense, claim or suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named lnsured must give the lnsurer or the lnsurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named lnsured, to a partner, eiecutive officer, manager or member of a Named lnsured' or tO an employee designated by any of the above to give such notice' B. NOTICE OF OCCURRENCE The Named lnsured,s rights under this Coverage Part will not be prejudiced if the Named lnsured fails to give the lnsurer notice of an occurrence, offeise or claim and thai failure is solely due to the Named lnsured,s reasonable belief that the bodily injury or property damage is not covered under this coverage part. However, the Named lnsured shall'givl written notice-of such occurrence, offense or claim to the lnsurer as soon as the Named lnsured is Jware that this insurance may apply to such occurrence, offense wHo ts AN TNSURED is amended to delete its paragraph 3. in its entirety and replace it with the following: 3, pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Goverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named lnsured, provided that there is no other similar liability insurance, whether primary' contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhausiion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance' CNA74858XX (1-15) Page 5 of 17 lnsured Name: Copyright CNA All Rights Reserved Policy No Endorsement No Effective Date lncludescopyrightedmaterialoflnsuranceServicesoffice,lnc',withitspermission' CITA 8. Architects, Engineers and Surveyors General Liability Extension Endorsement But this BROAD NAMED INSURED provision does not appty to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named lnsureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named lnsureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named lnsured should choose to employ. CONTRAGTUAL LIABILITY - RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following; lnsured Contract means: 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 fire to premises while rented to a Named lnsured or temporarily occupied by a Named lnsured you with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named lnsured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named lnsured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or cNA74858XX (1-15) Page 6 of 17 Policy No: Endorsement No: Effective Date: lnsured Name: Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. CTTA Architects, Engineers and Surveyors. General Liability Exfension Endorsement (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the lnsured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured;s r"no"ting ;i'raitJre to render piofessional services, including those listed in (1) ab-ove and supervisory, inspection, architectural or engineering activities' 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person tnsured or living trust shall also be insured under this policy; provided' however, coverage is afforded to such estates, executors, treirs, fegaf representatives, administiators, .trustees, beneficiaries and spouses only for claims arising solely out of iheir capacity or status as such and, in the case of a spouse' where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage isprovided for anyact, errororomission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such' provided, however,liat the spouse of a natural person Named lnsured, and the spouses of members or partners of joint venture or partnership Named lnsureds are lnsureds with respect to such spouses' acts' errors or omlssions in the conduct of the Named lnsured's business. 10. EXPECTED OR INTENDED INJURY - EXCEPTION FOR REASONABLE FORCE Under covERAGES, Coverage A - Bodily tnjury And Property Damage_ Liability, the paragraph entitled Exclusions is amended to delete the excluiion-eniitt"d Expected or lntended lnjury and replace it with the following: This insurance does not aPPIY to: Expected or lntended lnjury Bodily injury or property damage expected or intended from the standpoint of the lnsured' This exclusion does not appty to bodily injury or prop"rtv damage resulting from the use of reasonable force to protect persons or ProPertY. 11. GENERAL AGGREGATE LIMITS OF INSURANCE'PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the lnsurer will pay for the sum of: 1. All damages under coverage A, except damages because of bodily injury or property damage included ii tre products-completed operations hazard; and 2. All medical expenses under Goverage G, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shalt not ieouce the General Aggregate Limit shown in the Declarations' nor the Location General Aggregate Limit of any other location' B. AII: 1. 2. cNA74858XX (1-15) PageT ol17 lnsured Name: Damages under coverage B, regardless of the number of lQcations involved; Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single locaiion, except oamages because of bodily injury or property damage included in the products-completed operations hazard; and Medical expenses under coverage c caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the GeneralAg gregate Limit shown in the Declarations' 3. PolicY No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc , with its permission' ctrA Architects, Engineers and Surveyors General Liability Extension Endorsement C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATTON Provision, "location" means: 1. a premises the Named lnsured owns or rents; or 2. a premises not owned or rented by any Named lnsured at which the Named lnsured is performing operations pursuant to a contract or written agreement. lf operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, watenvay or right-of- way of a railroad shall be considered a single locatlon. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard, regardless of the number of locations involved, will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIM|TS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named lnsured, or chartered by or for the Named lnsured, will be treated in the same manner as though the action were rn personam against the Named lnsured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A - Bodily lnjury And Property Damage Liabitity, the lnsuring Agreement is amended to replace Paragraphs 1.b.(1) and f .b.(2) with the following: b' This insurance applies to bodily injury provided that the professional health care services are incidental to the Named lnsured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A - Bodily lnjury And Property Damage Liabitity, the paragraph entifled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the lnsured (or which would have been available but for exhaustion of its limits). CNA74858XX (1-15) Page 8 of 17 Policy No: Endorsement No: Effective Date: lnsured Name: Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission, A rc h i te cts, E n s i n ee rs a n d S u rv;L"r3, S"" E""f: l;'3H I ll1 CTTfi, c. ii. delete the exclusion entitled contractual Liability and replace it with the following: This insurance does not aPPIY to: Contractual LiabilitY the Insured,s actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees' iii. to add the following additional exclusions: This insurance does not aPPIY to: Discrimination any actual or alleged discrimination, hu.miliation or harassment, including but not be limited to claims based on an individual,s race, creed, color, age, g"noer, nationalorigin, religion, disability, maritalstatus or sexual orientation. DishonestY or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission' Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal' state or local governmental program' Services Excluded bY Endorsement Anyhealthcareincidentforwhichcoverageisexcludedbyendorsement. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named lnsured's employees or volunteer workers in the rendering of: a.professionalhealthcareservicesonbehalfoftheNamedlnsuredor b. Good samaritan services rendered in an emergency and for which no payment is demanded or received, professional health care seruices means any health.care services or the related furnishing of food, beverages, medical supplies or apptiancei by tlie following providers in their capacity as such but solely to the extent they are duly licensed as required: a. PhYsician; b. Nurse; c. Nurse Practitioner; d. EmergencY medical technician; e. Paramedic; t. Dentist; g. PhYsicaltheraPist; h. Psychologist; i. Speech theraPist; cNA74858XX (1-15) Page 9 of 17 PolicY No: Endorsement No: Effective Date: lnsured Name: copyright cNA All Rights Reserved. lncludes copyrighied material of lnsurance services office, lnc , with its permission CTA Architects, Engineers and Surveyors General Liability Extension Endorsement j. Other allied heatth professionat; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of lnsured to: a. add the following: - . the Named lnsured's employees are lnsureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named lnsured or while performing duties related to the conduct of the Named lnsured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named lnsured's business; when such bodily injury arises out of a health care incident. ' the Named lnsured's volunteer workers are lnsureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named lnsured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named lnsured or while performing duties related to the conduct of the Named lnsuied,s business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(11of WHO tS AN |NSURED. D. The Other lnsurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other lnsurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named lnsured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO tS AN INSURED: lf the Named lnsured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an lnsured with respect to its interest in such joint venture, partnership or timiteO liability company but only to the extent that: cNA74858XX (1-15) Page 10 of 17 Policy No Endorsement No Effective Date:lnsured Name: Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. Architects, Engineers and surveyors. General Liability Extension Endorsement strA a. date; b. the bodity injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company' lf the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap'up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c, above. But this provision will not serveio exclude bodily injury, property damage or personal and advertising lnlury that would otherwise be covered under the Architects, Engineers And S^urv-eyors General Liability Extension Enoorsement provision entitled WRAP-UP EXTENSION: OGIP' CclP' oR coNsoLtDATED (wRAp-up) |NSURANGE pRocRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program' B. Participation In Current Professional Joint Ventures The following is added to WHO lS AN INSURED: The Named lnsured is also an lnsured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of the Named lnsured's co-venturers are architectural, engineering or surveying firms only; and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture' However, the Named lnsured is an lnsured only for the conduct of such Named lnsured's business within such a joint venture. The Named lnsured is noi insured for liability arising out of the acts or omissions of other co-venturers, nor of their partners, members or employees. c. wHo ls AN TNSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or.organization is an lnsured with respect to the conduct of any .rrr"nior p"st partnership, joini venture or limited liability company that is not shown as a Named lnsured in the Declarations' 15. LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under covERAGES, Coverage A - Bodily lnjury and Property Damage Liability, the paragrap.h entitled Exclusions is amended to delete exclusion j. Damage to 'erofierty in lts entirety and replace it with the following: This insurance does not aPPIY to: j. Damage to ProPertY ProPertY damage to: (1) propertythe Named lnsured owns, rents, oroccupies, including anycosts orexpenses incurred by you, or any other person, org"niruiibn or entity, for'repair, replaCement, enhancement, restoration or maintenance of such prop"tiv i* "ny r""ron, including pievention of injury to a person or damage to another's ProPerty; (2) Premises the Named lnsu any part of those Premises; red sells, gives away or abandons, if the property damage arises out of any offense giving rise to personal and advertising injury occurred prior to such termination date' and the personal and aOvertising injury arising out oisuifr bffen"e, first occurred after such termination cNA74858XX (1-15) Page11of17 Policy No: Endorsement No: Effective Date: lnsured Name: copyright cNA All Rights Reserved. lncludes copyrighted material of lnsurance services office, lnc , with its permission' CTTA Architects, Engineers and Surveyors General Liability Extension Endorsement (3) Property loaned to the Named lnsured; (4) Personal property in the care, custody or control of the lnsured; (5) That particular part of real property on which the Named tnsured or any contractors or subcontractors working directly or indirectly on the Named tnsured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named lnsured or temporarily occupied by the Named lnsured wittr tne permission of the owner, nor to the contents of premises rented to the Named lnsured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Renied To you as described in LIMITS OF TNSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products- completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named lnsured borrows from others, nor ii. other personal property of others in the Named lnsured's care, custody or control while being used in the Named lnsured's operations away from any Named lnsured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an lnsured; c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the lnsured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under GOVERAGES, Coverage A - Bodily lnjury and Property Damage Liability, the paragraph entifled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named lnsured or temporarily occupied by a Named lnsured with permission of the owner, nor to damage to the contents ofpremises rented to a Named lnsured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LtMtTS OF TNSURANCE: Subject to 5. above, $25,000 is the most the tnsurer will pay under Coverage A for damages arising out of anv one occurren ce because of the sum of all pro pedy damaqe to borrowed tools or equrp ment, and to CNA74858XX (1-15)Policy NoPage 12 of 17 Endorsement No Effective Date:lnsured Name: Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services office, lnc., with its permission. CTTfi- A rc h i te c ts, E n s i n e e rs a n d s u rvevors, Sn" E""fl iJlli I ll1 other personal property of others in the Named lnsured's care, custody or control, while being used in the Named lnsured,s operations away from any Named lnsured's premises. The lnsurer's obligation to pay such property damage does not apply untiithe amount of such property damage exceeds $1'000' The lnsurer has the right but not the duty to p"V "nV portion of this $i,oob in order to effect settlement' lf the lnsurer exercises tirat rignt, the Named lnluieO wiil promptly reimburse the lnsurer for any such amount' D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced bY the following: 6. Subject to Paragraph 5. above, (the Each occurrence Limit), the Damage To Premises Rented To You Limit is the most the lnsurer witt pay unJer coverage A for damages because of property damage to any one premises while rented to the Named Insuied or temporarily occupied by the Named lnsured with the permission of the owner, inciuding contents of such piemises rented-to the Named lnsured for a period of 7 or fewer consecutive dayi. in" o"r"g" To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations' E. paragraph 4.b.(l xaxii) of the other lnsurance condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named lnsured, for premises temporarily occupied by the Named insured with the permission of the owner; or for personal property of others in the Named lnsured's care, custodY or control; 16. LIQUOR LIABILITY PolicY No: Endorsement No: Effective Date: Under covERAGES, Coverage A - Bodity tnjury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability' This LIQUOR LlABlLlTy provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part 17. MEDICAL PAYMENTS A. LtMtTS OF TNSURANCE is amended to delete paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to paragraph S. above (the Each Occurrence Limit), the Medical Expense Limit is the most the lnsurer wirr pay "unoer Coverage c for all medical expenses because of bodily injury sustained by any one person. tfre Uedicat Expense Limit is the greater of: (1)$l5,000unlessadifferentamountisshownhere:GGGGGGGGGGG;or (2) the amount shown in the Declarations for Medical Expense Limit' B. Under covERAGES, the lnsuring Agreement of Goverage G - Medical Payments is amended to replace Paragraph 1.a'(3Xb) with the following: (b) The expenses are incurred and reported to the lnsurer within three years of the date of the accident; and This Paragraph B. does not apply to medical expenses incurred in the state of Missouri' 18. NON.OWNED AIRCRAFT Under covERAGES, Goverage A - Bodity lnjury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following CNA74858XX (1-15) Page 13 of 17 lnsured Name: copyright cNA All Rights Reserved. lncludes copyrighted maiedal of lnsurance Services office, lnc , with its permission' CTTA Architects, Engineers and Surveyors General Liability Extension Endorsement This exclusion does not apply to an aircraft not owned by any Named lnsured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named lnsured; and 3. the aircraft is not being used to carry persons or property for a charge. 1 9. NON.OWNED WATERCRAFT Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named lnsured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personaland advertising injury is amended to add the following tort: ' Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B - Personal and Advertising lnjury Liability, the paragraph entifled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named lnsured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named lnsured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any lnsured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any lnsured. CNA74858XX (1-15) Page 14 of 17 Policy No: Endorsement No: Effective Date: lnsured Name: Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission A rc h i te cts, E n s i n e e rs a n d S u rv eYo rs, oon" lifl rlSll I H CITA' Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIAT|ON provision doei not apply to any person or organization whose status as an lnsured derives solely from .Provisionl.ADDIT|ONAL|NSUREDofthisendorsement;or . attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY. CONTRACTUAL LIABILITY A. Under COVERAGES, Goverage B -personal and Advertising lnjury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by- this PERSONAL AND ADVERTISING INJURY ' L|MITED CONTRACTUAL LIAB|L|TY-provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the lnsurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the lnsured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2xb) is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the lnsurer in the defense of that indemnitee, n-""r."ry litigation expenses incurred by the lnsurer, and necessary litigation expenses incurred Oi tfre inOemniteJ at ths lnsurer's request wiit Ue paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. c. This pERsoNAL AND ADVERTISING tNJURy - LtMtrED coNTRAcruAL LlABlLlrY Provision does not apply if Coverage B -personal and Advertising lnjury Liability is excluded by another endorsement attached to this Goverage Paft. This pERSoNAL AND ADVERTIS|NG tNJURy - coNTRAcruAL LlABlLlrY Provision does not apply to any person or organization who othenrvise qualifies as an additional insured on this Coverage Part' 22. PROPERTY DAMAGE - ELEVATORS A. Under covERAGES, Coverage A - Bodily lnjury and Property Damage Liability, the paragraph enlitled Exclusions is amended such that the Damage to Your Produci Exclusion and subparagraphs (3)' (a) and (6) of the Damage to property Exclusion d6 not apply to property damage that results from the use of elevators. B. Solety for the purpose of the coverage provided by this PROPERTY DAMAGE - ELEVATORS Provision' the Other lnsurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is property insurance covering property of others damaged from the use of elevators' 23. RETIRED PARTNERS, MEMBERS, DlREcToRs AND EMPLoYEES wHo ls lNsuRED is amended to include as lnsureds natural persons who are retired partners, members, directors or emptoyees, but only tor ooJiiy injury, property damage or personal and advertising injury that results from services performeb for the ttureo-insured under the Named Insured's direct supervision' All CNA74858XX (1-15) Page 15 of 17 lnsured Name: Policy No: Endorsement No: Effective Date: copyrightCNAAllRightsReserved.lncludescopyrightedmaterialoflnsurance Services Office, lnc., Wth its permission. CTTA Architects, Engineers and Surveyors General Liability Extension Endorsement limitations that apply to employees and volunteer workers also apply to anyone qualifying as an lnsured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as foilows: A. Paragraph Lb. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for dai! loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS lf the Named lnsured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the lnsurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION . BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The lnsurer waives any right of recovery the lnsurer may have against any person or organization because of payments the lnsurer makes for injury or damage arising out of: 1. the Named lnsured's ongoing operations; or 2. yourwork included in the products-completed operations hazard. However, this waiver applies only when the Named lnsured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this coverage part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP)TNSURANCE nROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction proiect in the state of Alaska, that is not permitted to be insured under a consolidated (wrap- up) insurance program by applicable sfafe statute or regulation. lf the endorsement EXCLUSION - CONSTRUCTION WRAP-UP is attached to this poticy, or another exclusionary endorsement pertaining to Owner Controlled lnsurance Programs (O.C.l.P.) or Contractor Controlled lnsurance Programs (C.C.l.P.) is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named lnsured is or was involved, this exclusion does not apply to those sums the Named lnsured become legally obligated to pay as damages because of: 1' Bodily injury, property damage, or personal or advertising injury that occurs during the Named lnsured's ongoing operations at the project, or during such operations of anyone acting on the Named lnsured's behalf; nor 2' Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other lnsurance is amended to add the followin g subparagraph 4.b.(1 )(c) CNA74858XX (1-1s) Page 16 of 17 Policy No Endorsement No Effective Date: lnsured Name: Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission, A rc h i te cts, E n s i n e e rs a n d s u rveYo rs, Sn" Eifl rtJ:ll I l{ CTTfi, This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named lnsured as a iesult of tne Nam"d lnsured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named lnsured's involvement in that consolidated (wrap-up) insurance program' C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project fo|wh.19h the prime contractor/project manag"r oi owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled tnsuranceFrogram (O.C.l.P.) or Contractor Controlled lnsurance Program (C.C.l'P')' Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: L single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit develoPments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels' Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP'UP) INSURANCE PROGRAMS provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged' This endorsement, which forms a part of and effect on the effective date of said Policy at and conc with said is for attachment to the the hour stated in said Policy issued by the designated lnsurers, takes Policy, unless another effective date is shown cNA74858XX (1-15) Page 17 of 17 lnsured Name: Policy No: Endorsement No: Effective Date: copyright cNA All Rights Reserved. lncludes copyrighted material of lnsurance services Office, lnc., with its Permission. €xA It is understood and agreed that: If the Named Insured has agreed underwritten contract to providenotice of cancellation to a partyto whom the Agent of Recordhas issued a Certificate of Insurance, and if the Insurercancels a pohcy term described on that Certificateof Insurance for any reason other than nonpayment of premium, then notice of cancellation will be providedto such Certificateholders at least 30 days in advance of tlrc date cancellationis effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by the Insurer to notiS such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record. All other terms and conditions of the policy remain unchanged : iThis itakes endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, effect on the Policy Effective date of said policy at the hour stated in said policy, unless another ieffectivj e date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. : Form No: CNA750l4XX (01-2015) Endorsement Effective Date: 3 I 3 1 / 2 0 I 6 Endorsement No: [ENDSEQNUM] ; Page: a of b Underwriting Company: UWCOMP, tfWaOORt Policy No: 6024049165 Policy Effective Date :3/3 l /20 1 6 uwADDR2l, trWCrTt, UVfSTATq IJWATP @Copyright CNA All Rights Reserved Policy Number: 60240491 96 CTTA THISENDoRSEMENTCHANGESTHEPoLIcY.PLEASEREADITGAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT . BUSINESS AUTO PLUS . This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM L]ABILITY COVERAGE A. Who ls An lnsured The following is added to Section ll, Paragraph A.1., Who ls An lnsured: 1. a. Any incorporated entity of which the Nalned lnsured owns a majority of the voting stock on the date of inception of this Coverage Form; Provided that' b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company' partnership or joint venture, and.over which you maintiin niajority ownership interest' The insurance afforded by this provision 4.2.: a. ls effective on the acquisition or formation date, and is afforded only until the end of the PolicY Period of this Coverage Form, or the next anniversary of its incePtion date, whichever ts earlier. b. Does not aPPIY to: (1) "Bodily injury" or "property damage" caused bY an "accident" that occurred before You acquired or formed the organization; or (2) Any such organization .that is an' "iniured" under any other liability "policy" providing "auto" coverage' 3. Any person or organization that you are required by a written contract to name as an adilitionat insured is an "insured" but only with respect to their legal liability f-or acts or omissions of a person, who qualifies as an "insured" under Section ll - Who ls An lnsured and for whom Liability Coverage is afforded under this policy' lf required by written contract, this insurance will be primary and non-contributory to insurance bn wnicn the additional insured is a Named lnsured. Effective Dale: 31 31 l2O1 6 CNA63359XX (Ed.04t12) 4. An "employee" of yours is an "insured" while operating in "auto" hired or rented under a contract-or agreement in that "employee's" name, with Your Permission, while p"*o*ing dutiei related to the conduct of your business' "Policy," as used in this provision A' Who ls An lnsur6d, includes those policies that- were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted' B. Bail Bonds and Loss of Earnings Section ll, Paragraphs A'2. (2) and A'2' (4) are revised as follows: 1. ln a.(2), the limit for the cost of bail bonds is ctrang6O from $2,000 to $5,000; and 2. ln a.(4), the limit for the loss of earnings is chanled from $250 to $500 a daY' C. Fellow EmPloYee Section ll, Paragraph B'5 does not apply' Such coverage as is afforded by this provision C. is excess over any other collectible insurance. PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section lll' ParagraPh A.3.: With respect to any covered ."aLlto," any deductible shown in ine Declarations will not "ppV to glass breakage if such glass is iJda'ireo, in-a manner aCceptable to us, rather than rePlaced. B. TransPortation ExPenses Section lll, Paragraph A'4'a' is revised, with respect to'transportation expense incurred by you, to Provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600' ll. CNA63359XX (Ed.04t12) CoPYright, CNA Corporation' 2000' lncludescopyrightedmaterialofthelnsuranceservicesofficeusedwithitspermission Page 1 of 3 gtrA C. Loss of Use Expenses Section lll, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section ltl. Paragraph A.: 5. Hired "Autos" lf Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, undera contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cashvalue, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) lnclude loss of use, provided it is the consequence of an "accident" for which the Named lnsured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added Paragraph 8.3.: to Section Ill, The accidental discharge of an airbag shall not be considered mechanical breakdown. F. ElectronicEquipment CNA6335gXX (Ed.04t12) Section lll, Paragraphs 8.4.c and 8.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution ln Value The following is added to Section lll, Paragraph 8.6.: Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, withyour permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising direcfly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5'oo0; or (2) 200/0 of the "auto's" actual cash value (ACV). lll. Drive Other Car Coverage - Executive Officers The following is added to Sections ll and lll: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or CNA63359XX (Ed.04t12) Copyright, CNA Corporation, 2OOO, lncludes copyrighted material of the lnsurance services office used with its permission. Page 2 of 3 CTA b. An "auto" used by that "executive officer" while working in a business of selling, servicing, rep-iring or parking "autos'" Such Liability and/or Physical Damage Coverage as is afforded by this provision' (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officei" means a person holding any of the officer positions created by yo.ur charter' constitution, by-laws or any other similar governing document, and, while a resident of ine "ati household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "aLlto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties ln The Event Of Accident, Claim, Suit Or Loss The following is added to Section lV' ParagraPh A.2.a-: (4) Your "employees" Ta.y know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual' to any of Your executive officers or partners or your insurance manager' The following is added to Section lV' ParagraPh A-2.b.: (6) Your "emPloYees" may know of documents received concerning a claim or "suit'" This will not mean that you have such knowledge, unless receipt of such documents is known to You or if you are not an individual, to any of your executive officers or partners or your insurance manager' B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Paraqraph A'5. Transfer Of Reco-very Against Others To Us CNA63359XX (Ed.04112) Section lV, Rights Of V We waive any right of recovery we may have, because of dayments we make for injury -or O"mrge, against any person or organization for wtrorn- or wnicn you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section lV' ParagraPh B.2.: Your failure to disclose all hazards existing on the Oite of inception of this Coverage Form shall not oieiudice vou with respect to the coverage afforded bro'uioeo such failure or omission is not intentional' D. Other lnsurance The following is added to Section lV' ParagraPh B.5': Regardless of the provisions of Paragraphs 5'a' "ni S.A. above, the coverage provided by this policy shall be on a primary non-contributory bisii. rnis provision is applicable only when required by a written contract' That written ctntract must have been entered into prior to "Accident" or "Loss'" E. Policy Period, Goverage Territory Section lV, Paragraph B. 7.(5)'(a)' is revised to provide: a. 45 days of coverage in lieu of 30 days' DEFINITIONS Section V. Paragraph C' is deleted and replaced by the following: "Bodily injury" means bodily injury,. sickness or o'slide susiaineo by a person, including mental ;ng*;h, mentat injury or death resulting from any of these. CNA63359XX (Ed.04t12) CoPYright, CNA CorPoration' 2000' lncludescopyrightedmaterialofihelnsuranceservicesofficeusedwithitspermission' Page 3 of 3 C1TUft l'Oltfl' HOL}:ER N0:flCf, * COUNT'N'YWiDTE It is understood and agreed that: If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom the Agent of Recordhas issued a Certificate of Insurance, and if the Insurercancels a policy term described on that Certificateof Insurance for any reason other than nonpayment of premium, then notice of cancellation will be providedto such Certificateholdersat least 30 days inadvance of the date cancellationis effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by the Insurer to notifu such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record. All other terms and conditions of the policy remain unchanged I rThis rtake ieffe endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, s effect on the Policy Effective date of said policy at the hour stated in said policy, unless another ctive date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA75014XX (01-2015) Endorsement Effective Date: 3 / 3 1 / 2 0 I 6 Endorsement No: [ENDSEQNUM] ; Page: a of b Underwriting Company: UWCOMP, UWADDRI' Policy No: 6024049196 Policy Effective Date:3/3 l/2016 UW.ADDR2:, UWCITV, IIWSTATE uvyzlp 0Copyrighr CNA All Rights Reserved WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICYD wc 00 03 13 mdmm4! n WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT !trnrrTn!! utrmmflmlm[mmlTflnmmmttr d mmnmmrrfinrm trm mflilmffi un Lmtmmilmmtm m mmm m trmlnmDm! !ilm!tr mf[II] ldrutrmmmnrunm! rrfl]Ifmffidmm[mmmlnmffimmffinmrutr|mmffn! u n tr ! n n ! ! ! ! ! ! n tr ! ! ! ! ! {] ! n n n ! n ! n tr n n tr ! mmtt}ffi!tnDmil u !tr tr t]tffi!trmmltr ntrtrm !! n I n wc 00 0313 mdmm4m mru]IlnDmd mmlmilmn[lnnrntrnnDmlm!! [H mmlmmd num !ffinm! WHERE REQUIRED BY CONTRACT OR WRITTEN AGREEMENT PRIOR TO LOSS AND ALLOWED BY LAW lnmm D.mtr mmml[J[mmtrmtrflmfiIlil trmflITTnmrmfnft mffi milmmTrnmilmtrd mmmmmnilmtrmtr! mmilm m ! (The information below is required only when this endorsement is issued subsequent to preparation of the policy') nmDmtr mm mffimreeoEngineers, lnc. n rrrf rilnil lmrrir rifi0240 49 1 7 I O 1983 National Council on Compensation lnsurance' gx*, It is understood and agreed that: If you have agreed under written contract to provide notice of cancellationto a party to whom the Agent of Recordhas issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium,then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed,then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notiff such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged .This endorsement, ,takes effect on the :effective date (the unless another exp which forms a part of and is for attachment to the policy issued by the designated Insurers, Policy Effective date of said policy at the hour stated in said policy, unless another Endorsement EffectiveDate) is shown below, and expires concurrently with said policy iration date is shown below. Form No: CC68021A (02-2013) Endorsement Effective Date: 3131/2016 Endorsement Expiration Date Endorsement No: [ENDSEQNUM] ; Page: a of b Underwriting Company: Valley Forge Insurance Company Policy No: 6024049179 Policy Effectiv e Date: 3/31 /2016 Policy Page: x of y 0CNA All Rights Reserved Terra lnsurance ComPanY (A Risk Retention GrouP) Two Fifer Avenue, Suite 100 Corte Madera, CA 94925 v TTRRA INSURANCE COMPANY CERTIFICATE OF I NSURANCE DATE 04127116 NAME AND ADDRESS OF INSURED GeoEngineers, Inc. 841 0- 1 54th Avenue, N.E. Redmond, WA 98052 This certifies that the "claims made" insurance policy (described below by policy n-u-mber) written on forms in use by the Company fras neen issued. This certificat'. it not a policy or a binder of insurance and is issued as a matter of information onfv, infionf"r, no rights ufon the ceriificaie holder' This certificate does not alter, amend or extend the coverage afforded by this policy' The policy of insurance listed below has been issued to the insured named above for the policy period indicated. Notwithstanding "ny requirement, term or condition of any contract or other document with respect to which this certificate miv U6 issued or may pertain, ih" intut"n.u afforded by the policy described herein is subject to all the t"rrr, "*.iurions and condiiions of iuch policy' Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER 216019 EFFECTIVE DATE 0y01116 EXPIRATION DATE 12131116 LIMITS OF LIABILITY $5,000,000 $5,000,000 EACH CLAIM ANNUAL AGGRECATE PROJECT DESCRIPTION City of Kent, County Road 8 Levee' GeoEngineers'No' 0410-175-05 CANCELLATION: lf the described policy is cancelled by tf 9 Company before its expiration date' til c-"n,,p;;v *ill r"ii *riit"n noti." to the certificate holder thirty (30) da.ys in advance, or ten iiol Aivr in advance tof fon-payment of premium. lf the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder *itiiin tltirt' (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER City of Kent Attn:Nancy Yoshitake 220 Fourth Avenue South Kent, Washington 98032 ISSUINC COMPANY: President