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HomeMy WebLinkAboutPW16-012 - Amendment - #2 - GeoEngineers, Inc. - S 228th St UPRR Grade Separation - 01/13/2017 Records �1 { fi ernerg KENT Document WAS kIIN0TON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: GeoEngineers inc. Vendor Number: )D Edwards Number Contract Number: Mtp-Utz -- oo6 This is assigned by City Clerk's Office Project Name: S. 228th St. UPRR Grade Separation Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract EjOther: P yWVICfr4V4nf fVv, 2- 1112JI n Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Contract Amount: $30,562.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Continue to provide geotechnical engineering services for the project. As of: OB/27/14 IC7` AMENDMENT NO. 2 I NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: S. 228"' Street UPRR Grade Separation ORIGINAL AGREEMENT DATE: 1 7 16 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Continue to provide geotechnical engineering services for the project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $102,180.00 including applicable WSST Net Change by Previous Amendments $34,910.00 including applicable WSST Current Contract Amount $137,090.00 including all previous amendments Current Amendment Sum $30,562.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $167,652.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/16 (insert date) Revised Time for Completion under 12/31/17 prior Amendments (insert date) Add'I Days Required (f) for this o calendar days Amendment Revised Time for Completion 12/31/17 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By , , By: (signature) V signature) Print Name: �� v ��/`'' Print Name: Timothy J. LaPorte P.E. Its ` "' Its Public Works Director / (title)d r k(title) S DATE: I?;' ' '-' s° i DATE: / Gd s APPROVED AS TO FORM: -- ,1 (applicable if Mayor's signature required) r �, i Ken Law Department Cate GeoEngineers-228^UP Grade Sep Amd 2/Madfai AMENDMENT - 2 OF 2 L. EXHIBIT A GEOENGINEERS, INC. SOUTH 228TH STREET UNION PACIFIC RAILROAD CROSSING CONTRACT AMENDMENT NO.2 KENT,WASHINGTON DECEMBER 13,2016 FILE NO. 0410-162-02 INTRODUCTION AND PROJECT UNDERSTANDING We are pleased to present this scope and budget for continuing geotechnical engineering services for the proposed South 228th Union Pacific Railroad(UPRR)Overcrossing project in Kent,Washington.Our services were initially authorized on January 7, 2016.The services authorized include subsurface explorations and geotechnical design support for drilled shafts and approach embankments. On August 2, 2016 we received authorization for Contract Amendment No. 1. This amendment included additional settlement analysis and additional explorations located on 6th Avenue North and the Century Link Driveway. Additionally, a portion of this budget was used to address issues that came up during construction of the center pier drilled shafts. We understand that the current design concept is to limit the amount of lightweight polystyrene fill within the embankments as a way to reduce construction costs. Lightweight fill will only be used in areas directly above critical utilities.With this approach,the weight of the surroundingfill is expected to cause settlement that could adversely impact underground utilities to some degree. The purpose of this amendment is to account for the additional effort required to refine our settlement analyses and to analyze additional fill configuration concepts. This amendment also includes effort for a more detailed numerical modeling analysis of the anticipated settlement. ADDITIONAL SCOPE OF SERVICES Additional Approach Embankment Design Support 1. Develop additional three-dimensional settlement models with the program Settle3D (RocScience) to estimate the settlement of existing underground utilities. This model will be used to predict the settlement of the embankment and adjacent subsurface utilities. 2. Continue coordination with the design team with regard to the location and detailing of embankment and underground utility design. Approach Embankment Numerical Modeling 1. Develop a numerical model of the soil underlying the embankment using PLAXIS2D (Plaxis). This program takes into account more complex soil behavior than Settle3D, including the interaction between soil and structural elements. We anticipate developing up to two, 2-dimensional models. These models can be used to predict settlement at the ground surface,settlement below utilities,and subsurface stresses. This numerical model will be used internally to help the City better understand City of Kent December 1.3,2016 Page 2 and evaluate the risk of utility movement that could result from consolidation-related settlement induced by the fill embankment.We have assumed that a detailed peer review will not be required. 2. Prepare a technical memorandum presenting the results of our analysis. us:Gxs:tt Attachment: Exhibit B. Fee Estimate Disclaimer:Anyelectronic form,facsimile or hard copy of the original document(email,text,table,and/orfigure),if provided,and any attachments are only a copy of the original document.The original document is stared by GeoEngineers,Inc.and will some as the official document of record. Copyright©2016 by GeoEngineers,Inc.All rights reserved GEoENGINEERS� Fh Nu 041tr162-02 i Exhibit B: Fee Estimate South 228th Street Union Pacific Railroad Crossing Contract Amendment No. 2 Kent,Washington GeoEnglneers,hu% Principal Principal Senlor Engineer Staff Engineer Staff Engineer Support Total Direct Fee (Garry Squkes) (King Chin) (Lyle Stone) (Zach Simpson) (Cody Hatch) (Various) Hours Expenses Estimate Rate Hate ate Rate ate Kate $ 5 Task Description ours Hours ours Hours Hours ours ', LO Lighwelght Embankment Design Support Hours 12 60 40 12 124.0 $21,332 -' 2400$0.565 $136 Mileage Task Estlmated Fee $21,488 2.0 subsurface Investigations _ _ Hours 1 8 4 40 4 57.0 $9,094 Task Estimated Fee $9,094 Total Labor L3 8 64 40 40 16 181.0 $30,426 $186 Total Direct Expenses Total Estlmatetl Fee $30,562 I File No.041M62-02 G EOENGIN£ERS Exhibit B.Fee Estimate December 13,2016 GEOEINC-01 WALDENKI CERTIFICATE OF LIABILITY INSURANCE DA3/31/➢D YYY i' /31/2016 i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THi' CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICI( )W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZEL RESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Willis Towers Watson Certificate Center Willis of Seattle Inc. PCNE 945-7378 Ac No: B88 467.2378 c/o 26 Century 6Ivd ac No E.n:(877) P.O.Box 305191 n➢oaEss:certificates@willts.com Nashville,TN 37230.5191 INSURERS)AFFORDINGCOVERAGE NAICB msunERA:Continentaiinsurance company 35289 INSURED INSURER a:National Fire Insurance Company of Hartford 20478 GeoEngineers,Inc. INsuRER c:Liberty Insurance Corporation 42404 1101 Fawcett Ave, INSURER D:Valley Forge Insurance Company 20508 Suite 200 Tacoma,WA 08402 wsunm E:AGCS Marine Insurance Company 22837 INSURE%F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS__SHOWN MAY HAVE BEEN-SEDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE A SD WVD POLICY NUMBER MM(DN�Y MWDDIYY LIMITS OLICY EXP LTfl A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 a 1/2016 03/31/2017 � $ 100,000 CLAIMS-MADE OCCUR X ABED EXP(Anyone person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY E jECT X LOC PRODUCTS-COMP/DP AGG $ 2,000,00 I OTHER: WA STOP GAP $ 1,000 C INED SINGLE LIMIT TDMORILE LIABILITY ISa accident $ I'liow, B X ANYAUTO X 6024049196 03/31/20lS 03/31/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS To WNED PROPERTY DAMAGE HIRED AUTOS AUTOS $ Peraceide I X UMS8ELLALIAR X OCCUR EACHOCCURRENCE $ 4,000,000 O EXCESSLIARR CLAIMS-MADE X TH7-661-066735-016 03/31/2016 03/31/2W7 AGGREGATE $ 4,000,000 DEO i,II RETENTION$ 10,000 $ WORKERS COMPENSATION X I STATUTE I ERH AN➢EMPLOYERS'LIABILITY 6024049179 03/31/2016 03/31/2017 E.L.EACH ACCIDENT $ 1,000,000 D ANY PROPRIETORIPARTHER/EXECUTNE YIN CE N/A OFF1RmM1EMBER EXCLUDEDI 1 000,000 (Mandatory in NH) E.L,DISEASE-,EA EMPLOYE $ If yes,describe under 1,OD0 DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT ,$ ,000 E Business Pars Prop MX193039816 03/31/2016 03/31/2017 985,834 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe entered if more space is raquirob"II Regarding:South 228th Street UPRR Grade Separation—City of Kent GeoEngineers No.0410-162-02f'- USL&H end Maritime Employers Llabllfty coverage is included under Workers'compensation coverage evidenced ab44,V;e:3 t;: City of Kent Is Included as an Additional Insured as respects to General Liability,Auto Liability and Umbrolla/Excoss IliefillltyQ°as`�gyird`py written contract. General Liability and Auto Liability policies shall be Primary and Noncontributory with any other Insurance in force ch may be purchased by Additional Insured as required by written contract. t•CC- ,, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ( AUTHORIZED REPRESENTATIVE City of Kant 400 West Gowe �+��7 'YI✓ Kent WA 98032 ®1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: P-660-533D1564-TIL-15 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ,_ WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1, The following is added to SECTION It—WHO IS plies only to such "bodily Injury" or "property AN INSURED: damage"that occurs before the and of the pe- Any person or organization that you agree in a riod of time for which the "written contract re- written contract requiring insurance"to Include as quiring Insurance" requires you to provide an additional insured on this Coverage Part, but; such coverage orthe end of the policy period, whichever is earlier. a. Only with respect to liability for"bodily injury", p The following Is added to Paragraph Co. of SEC- "property damage" or"personal injury,'; and TION IV— COMMERCIAL GENERAL LIABILITY b. if, and only to the extent that, the Injury or CONDITIONS: damage is caused by acts or omissions or The Insurance provided to the additional insured you or your subcontractor In the performance Is excess over any valid and collectible "other h- of "your work" to which the 'written contract sumnce", whether primary, excess, contingent or requiring Insurance applies. The person or on any other basis, that is available to the addl- organization does not qualify as an additional floral insured for a loss we cover. However, If you Insured with respect to the Independent acts specifically agree in the"written contract requiring s� or omissions of such person or organization. Insurance"that this Insurance provided to the ad- The insurance provided to such additional Insured difional Insured under this Coverage Part must Is limited as follows: apply on a primary basis or a primary and non- �� c. in the event that the Limits of Insurance of contributory basis, this insurance Is primary to m� this Coverage Part shown in the Declarations "other insurance" available to the additional In- exceed the limits of liability required by the sured which covers that person or organization as "written ritten contract requiring Insurance", the in- a named Insured for such loss, and we will not surance provided to the additional insured share with that 'Other Insurance". But this insur^ shall be limited to the limits of liability required ante provided to the additional insured still Is ex- by that"written contract requiring insurance". cess over any valid and collectible "other lnsur- -_ This endorsement shall not Increase the limits ante", whether primary, excess, contingent or on ® of Insurance described in Section III --Limits any other basis, that Is available to the additional Of Insurance. insured when that person or organization is an d. This Insurance does not apply to the render- a jditional Insured under any"other Insurance ing of or failure to render any "professional 3. The following Is added to SECTION IV — COM- services" or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS o or omisslons. Duties Of An Addittonal Insured e. This insurance does not apply to "bodily in- As a condition of coverage provided to the addi- jury" or "property damage" caused by "your tional insured: work" and included In the "products- completed operations hazard" unless the a, The additional Insured must give us written "written contract requiring Insurance" specifl- notice as soon as practicable of an "occur- caily requires you to provide such coverage once" or an offense which may result In a for that additional insured, and then the Insur- claim. To the extent possible, such notice ante provided to the additional Insured ap' should include: • ( CG D4 14 04 08 92008The Travelers Companies,Inc, Page t of 2 005005 CA Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Additional Insured—Extended Coverage 4. Boats 5. Bodily Injury—Expanded Definition S. Broad Knowledge of Occurrence/Notice of Occurrence 7. Broad Named Insured 8. Contractual Liability—Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability—Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising Injury-Contractual Liability 22. Property Damage—Elevators 23. Retired Partners, Members,Directors And Employees 24, Supplementary Payments 26. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation—Blanket 27. Wrap-Up Extension: OCIP, CCIP or Consolidated(Wrap-Up)Insurance Programs 58XX (1-15) Policy No: 6024049165 CNA748 Page 1 5 Endorsement No: Effective Date: 313112016 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CMA Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described In paragraphs A. through 1. below whom a Named Insured is required to add as an additional insured on this Coverage 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 ect to such Any person or organization with a controlling interest in a Named Insurper onaled, but nand ly ladvertth ising Injury person or organization's liability for bodily injury, property damage or arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; ot oes n consttrructionthat or demolition operationsed performed by, o this n behalfof, or for such additionally to tinsureural derations, new B. Co-owner of Insured Premises ored under this Insurance but only A co-owner of a premises co-owned by a Named insured nd cov damage or personal and advertising inJulry respect to such co-owner's liability for bodily injury, property as co-owner of such premises. C. Engineers,Architects or surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, 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 Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured'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 damae or pro essional serviccesaby, on behalf ol and f,or ng Injury arising out of the rendering for the Named Insured, including butgnot limited of or itog to render any Policy No: CNA74868XX(1-15) Endorsement No: Page 2 of 17 Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted materiel of Insurance services Office,Inc.,with its permisslon. Architects, Engineers and Surveyors General Liability Extension Endorsement 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 Insured 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 Insured's maintenance, operation 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 Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, 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 s paragraph es not apply to structural now constructionor demolition operations performedyby,lon behalf of, oor for s such additional insured. lteratlons, ow F. Lessor of Premises An owner or lessor,of premises leased to the Named Insured, 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, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. 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. G. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, asslgnee or receiver's liability for bodily injury, property damage or personal and advertising Injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. 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. 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 Insured 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 Policy No: CNA74858XX (1-15) Endorsement No: Page 3 of 17 Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services office,Inc.,with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured 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 mut berquestpermi dt at under a written contract or agreement, the Insurer will treat as a written contract any governmental es Named Insured to add the governmental entity as an additional Insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured 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 Insured's behalf, in the performance of the Named Insured'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. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is prri he In will and non- contributory relative to an additional insured's own Insurance, then this insurance is primary, andnot 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 is excess of any other Insurance available to such person or organization. 3. ADDITIONAL INSURED—EXTENDED COVERAGE AWhen an N additional amendeddt is added by this r any other endorsement o make he fo lowi attached to this Coverage Part,WHO IS ng natural persons Insureds, If the additional Insured Is; a. An Individual,then his or her spouse is an insured; b. A partnership or joint venture,then its partners, members and their spouses are Insureds; c. A limited liability company,then its members and managers are Insureds; or d. An organization other than a partnership,joint venture or limited liability company,then its executive officers, directors and shareholders are Insureds; 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, Policy No: CNA74858XX(1-15) Endorsement No: Page 4 of 17 Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services office,Inc.,with Its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additonal coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's Inspection or surveying work. 5. 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, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence,offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED 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 Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named insured, 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 exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. i CNA74858XX(1-15) Policy No: Page 5 of 17 Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office,Inc.,wtth Its permission. h i i --FArchitects, Engineers and Surveyors General LiabilityCNA i Extension Endorsement But this BROAD NAMED INSURED provision does not apply 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 Insureds 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 management control advertising injury first occurs after msed bay or to the date of agement control ceasesan offense that first , prior 5. The Insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names(dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured 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 Insured or temporarily occupied by a Named insured you with permission of the owner is not an In 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 Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured 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 Policy No: CNA74858XX (1-15) Endorsement No: Page 6 of 17 Effective Date: Insured Name: vAth its permission. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services O flce,Inc., CNA Architects, Engineers and Surveyors General Liability Extension 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 Insured, if an architect, engineer or surveyor, assumes liability for an Injury or damage arising out of the insured's rendering or failure to render professional services, Including those listed in (1) above 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 Insured or living trust shall also be Insured under this policy; provided, however, coverage Is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their 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 is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY— EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured, This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 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 Insurer will payfor the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. B. All: 1. Damages under Coverage B, regardless of the number of locations involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. CNA74858XX(1-15) Policy No: Page 7 of 17 Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved, Includes copyrighted materlai of Insurance services Office,Inc.,with its permission. CNA Architects$ Engineers and Surveyors General Liability Extension Endorsement C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means: 1. a premises the Named Insured owns or rents; or . 2. a premises not owned or rented by any Named Insured at which the Named Insutn agreement. if operations at red is performing discontinueduand then restarted, oorrit thwrie authorized parties deviate fromspl plans, blueprnts,uch a location adesigns, stables,the location will still be deemed to be the same location. specifications or tim the same For the purpose of determining the applicable aggregate limit of insurance, premises invc elrway or rght ofr connecting lots, or premises whose connection Is Interrupted only by a street, roadway, way of a railroad shall be considered a single location. for for D. The limits shown in-the Declarations for but will h subject toeei either Location ton Genee To eal Aggr gate Limit or s Rented To You d he Medical Expense continue to apply,di on whether the occurrence can be attributed solely to ongoing General Aggregate Limit, depending operations at a particular location. E. When coverage for liability arising out of the products-completed operations hazard is provided, payments for damages because of bodily i njury or property damage Included in the products-comp er of locations Involved, will reduce the Products-Completed operations hazard, regardless of the numb Operations Aggregate Limit shown in the Declarations. ( ot otherwise modified by this GENERAL AGGREGATE LIMITS F. The provisions of LIMITS OF INSURANCE n OF INSURANCE- PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS at any vessel owned or operated by or for the Named Insured, or chartered or A quasi in rem action again manner as though the action were in personam against stt the the Named Insured, will be treated in the same Named Insured, 13, INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: p, Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring l Agreement is amended to replace Paragraphs 1.b tte he profess onae health care services are Incidental b. This insurance applies to bodily injury provided thaose, and only to the Named Insureds primary business pure (1) such bodily Injury Is caused by an occurrence that takes place in the coverage terrritory, from an (2) the bodily injury first occurs during the policy period. All bodily injury g 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 Injury And Property Damage Liability, the paragraph entitled 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 red by other liability Insurance available to the Insured (or which would have been available but for coveaustion of its limits). i Policy No: CNA74858XX(1-15) Endorsement No: Page 8 of 17 Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its pa mission, veors General lity Architects, Engineers and SurExtension Endo slemlent ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply 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. M. to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. MedicarelMedicald 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 Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: 1. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the 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; f. Dentist; g. Physical therapist; h. Psychologist; I. Speech therapist; Policy No: CNA74858XX(1-15) Endorsement No: Page 9 of 17 Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA=Architects� and Surveyors General Liability Extension Endorsement j. Other allied health professional;or not Include any services rendered in connection with human Professional health care services does clinical trials or product testing. if. 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; M. amend the definition of insured to: a, add the following: the Named insured's employees are insureds with respect to: loyee's employment by (1) bodily injury l o a co mploy e e while performing dcoursB related of ato the pconduct of the Named ho Named uties insured's business; and (2) bodily Injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business;and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured'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.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance r risk (1) To the extent this Insurance applies, contingent or on any other basis, except for Insurance it is excess over any other insurance, self insurance o transfer instrument, whether primary, excess, s of this coverage. purchased specifically by the Named Insured to be exces 14. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES A. Past Joint Ventures,Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: p t policy period, such Named If the Named Insured 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 p li limited liability company Insured is an Insured with respect to its interest in such joint venture, partnership but only to the extent that: Policy No: CNA7 8 X (1.15) Endorsement No: E Page 1 o of 17 Effective Date: Insured Name: hied material of Insurance Services Office,Inc,,with Its permission• Copyright CNA All Rights Reserved. Includes copyrig CNA Architects, Engineers and Surveyors General Liability Extension Endorsement a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and G. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. If 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 serve to exclude bodily injury;property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OcIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. 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 IS AN INSURED: The Named Insured is also an Insured 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 Insured'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 Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co-venturers,nor of their partners, members or employees. C. WHO IS AN INSURED 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 Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE,CUSTODY OR CONTROL A. Under COVERAGES, Coverage A— Bodily Injury and Property Damage Liability, the paragraph'entitled Exclusions is amended to delete exclusion j. Damage to Property in Its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replace injury Cement, restoration or tc maintenance of such property for any reason, Including p of n 1 ry to a person another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; Polley No: CNA74858XX (1-15)a 11 of 17 Endorsement No: Page Effective Date: Insured Name: CopVright CNA All Rights Reserved. Includes copyrighted material of Insurance Services office,Inc.,with its permission. Architects, Engineers and Surveyors General Liability Extension Endorsement (3) Property loaned to the Named Insured; (4) Personal property In the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or Indirectly on the Named insured'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 Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days, A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. 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. not apply to property damage included in the products- Paragraph (6) of this exclusion does completed operations hazard. Paragraphs(3) and (4)of this exclusion do not apply to property damage to: 1. tools, or equipment the Named Insured borrows from others, nor if. other personal property of others In the Named insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured'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 Insured; c, property that is an auto, aircraft or watercraft; d. property in transit;or e, any portion of property damage for which the Insured 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 COVERAGES, Coverage A—Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions Is amended to delete its last paragraph and replace it with the following: Exclusions c. through In. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured 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 LIMITS OF INSURANCE: Subject to 5. above, $25,000 Is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed t2ol No;equipment, and to policyCNA74868XX (1-15) Endorsement No: Page 12 of 17 Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right,the Named Insured will promptly reimburse the Insurer 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 Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage 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.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following: (11) That is property insurance for premises rented to the Named Insured,for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization,who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE Is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit Is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount Is shown here: @ @ @ @ @ @,@ @ @ @ @; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C—Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer 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. 1B. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: i The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: CNA74858XX (1-15) Policy No: Page 13 of 17 Endorsement No: Effective Date: Insured Name: Cnnvdaht CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement This exclusion does not apply to an aircraft not owned by any Named insured, 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 Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT ragraph entitled Under COVERAGES, Coverage A — Bodily InjuryProperty ion enttlage ed A rcraft, AutoeoraWatercraft, and Exclusions is amended to delete subparagraph (2) of the excreplace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, 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 personal and 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 Injury Liability, the paragraph entitled 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 apply t ndiscrimination or humiliatiohts of another and n thatct results in njury o the feelingl and s ortreputation, exclusion shall not apply of a natural person, but only If such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured 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 empinsured, prospective employment, past employment or termination of employment of any person by any Premises Related Discrimination of the sale,discrimination oination or humiliation of any room, out dwelling or premises by olrlat the direcease or tion of any-lease or Insured, sale, rental, Policy No: CNA74858XX (1.15) Endorsement No: Page 14 of 17 Effective Date: Insured Name: copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,tvlth Its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement 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 HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part, 21. PERSONAL AND ADVERTISING INJURY- CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. S. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY 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 Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be 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 INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A— Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE—ELEVATORS Provision,the Other Insurance 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, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to Include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising Injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All CNA74858XX (1.15) Policy No: Page 15 of 17 Endorsement No: Effective Date: Insured Name: Coovrraht CNA Atl Rlahts Reserved. Includes copyrighted material of Insurance Services Office,Inc„with its permisslon. CNA Architects, Engineers and Surveyors lExension Endrmet limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b, 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 i.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named insuredInsureds Cover ge Part,the insurrot ler ly will not deny coverfalls to disclosiage existing lder this coverage Partpb cae of the Named do at the incetionuse of such failureu 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: person or organization because of The Insurer waives any right of recovery the Insurer may hove against any p payments the Insurer makes for injury or damage arising 1. the Named Insured's ongoing operations;or 2. your work included in the products-completed operations hazard, to waive such rights of However, this waiver applies only when the Named Insured has agreed in writing recovery In a written contract or written agreement, and only if such contract or agreement: 1. Is in effector becomes effective during the term of this Coverage Part; and rsonal and advertising Injury giving rise 2. was executed prior to the bodily injury, property damage or pe to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONS OLIDA EDe(WRAP-UP)o ro ectRn the state oGOklahoma, nor to at is not Note: The following provision does not apply y public any construction project in the state atef Alaska, a, th tote or reg lationfted to be insured under a consolidated(wrap- up)insurance program by applicable to Owner Controlled Isurance Programs (O,c.I.P,) or Contractor exclusionary endorsement pertaining n If the endorsement EXCLUSION CONSTRUCTION WRAP-UP is attached to this policy, or another Controlled Insurance Programs (C.C.I.P,)is attached,then the following changes apply: A. The following wording is added to the above-referenced endorsement:project in which the Named Insured is or With respect to a consolidated (wrap-up), Insurance program was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: personal ur advertising injury that occurs Linduring the Named 1. Bodily injury, property damage, or n the Named insured's ongoing operations at the project, or during such operations of anyone acting insured's behalf; nor leted o erations hazard that 2. Bodily Injury or property damage included within the products-comp p arises out of those portions of the project that are not residential structures. B. Condition 4,other Insurance is amended to add the following subparagraph 4. (Pol) No: CNA74858XX 0-15) Endorsement No: Page 16 of 17 Effective Date: Insured Name: Ooovdaht CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement 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 Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured'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 for which the prime contractor/project manager or 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 Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.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: 1. 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 is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74858XX(1-15) Policy No: Page 17 of 17 Endorsement No: Effective Date: Insured Name: I., Effective Date: 3/31/2016 Policy Number: 6024049196 CNA63359XX (Ed. 04/12) CNA THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE 4. An "employee"of yours is an "insured"while operating an "auto" hired or rented under a A. Who Is An Insured contract or agreement in that "employee's" The following Is added to Section II, Paragraph name, with your permission, whileperforming duties related to the,conduct of A.1.,Who is An Insured: your business. 1. a. Any incorporated entity of which the Polio " as used in this provision A. Who is An Named Insured owns a majority of the insured, Includes those policies that were in voting stock on the date inception of force on the inception date of this Coverage this Coverage Form;provided that, Form but; b. The insurance afforded by this provision 1. Which are no longer In force;or A.1. does not apply to any such entity that is an 'Insured under any other 2. Whose limits have been exhausted. liability. "policy" providing "auto" 13 Bail Bonds and Loss of Earnings coverage. 2. Any organization you newly acquire or form, Section 11, Paragraphs A.2. (2) and A.2. (4) other than a limited liability company, are revised as follows: partnership or joint venture, and over which 1. In a.(2), the limit for the cost of bail bonds Is you maintain majority ownership Interest, changed from$2,000 to$5,000;and The insurance afforded by this provision 2, in a.(4), the limit for the loss of earnings is A,2„ changed from$250 to$500 a day. a. is effective on the acquisition or e, Fellow Employee formation date,and Is afforded only until the end of the policy period of this Section II,Paragraph B.5 does not apply. Coverage Form, or the next anniversary Such coverage as Is afforded by this provision of its inception date, whichever is C. is excess over any other collectible earlier. Insurance. b. Does not apply to: p, PHYSICAL DAMAGE COVERAGE (1) "Bodily Injury" or "property damage" A. Glass Breakage— Hitting A Bird Or Animal — caused by an "accident" that Failing Objects Or Missiles occurred before you acquired or formed the organization;or The following is added to Section i1I, (2) Any such organization that is an Paragraph A.3.: ' "Insured" under any other liability With respect to any covered "auto," any "policy" providing"auto"coverage, deductible shown nthebreakage ecla such s glass n ot a Is apply glass 3. Any person or organization that you are repaired, in a manner acceptable to us, rather required by a written contract to name as an than replaced. additional insured is an "insured" but only with respect to their legal liability for acts or B. Transportation Expenses omissions of a person, who qualifies as an Section III, Paragraph AA a. Is revised, with "Insured" under Section II — Who Is An respect to transportation expense incurred by Insured and for whom Liability Coverage is you,to provide: ( afforded under this policy. If required by a. $60 per day, in lieu of$20; subject to written contract, this insurance will be primary and non-contributory to insurance p, $1,800 maximum,in lieu of$600, on which the additional insured is a Named Insured. Page 1 of 3 CNA63359XX . copyright,CNA corporation,2000, I. (Ed.04/12) Includes copyrighted material of the Insurance Services Office used with Its permission. I CNA63359XX (Ed. 04/12) C. Loss of Use Expenses Section 111, Paragraphs 8.4.c and BA.d. are Section III, Paragraph A.4.b. is revised, with deleted and replaced by the following: respect to loss of use expenses incurred by you, c. Physical Damage Coverage on a covered to provide: "auto" also applies to "ICS8" to any permanently installed electronic equipment a. $1,000 maximum, in lieu of$600. including its antennas and other D. Hired "Autos" accessories. The following is added to Section III. d. A$100 per occurrence deductible applies to Paragraph A.: the coverage provided by this provision. 5. Hired "Autos" G. Diminution In Value If Physical Damage coverage is provided under The following is added to Section Ill, this policy, and such coverage does not extend Paragraph B.6.: to Hired Autos,then Physical Damage coverage Subject to the following, the "diminution in is extended to: value" exclusion does not apply to: a. Any covered "auto" you lease, hire, rent a. Any covered "auto" of the private or borrow without a driver;and passenger type you lease, hire, rent or b. Any covered "auto" hired or rented by borrow, without a driver for a period of your "employee" without a driver, under 30 days or less, while performing duties a contract in that individual related to the conduct of your business; "employee's" name, with your and permission, while performing duties b. Any covered "auto" of the private related to the conduct of your business. passenger type hired or rented by your c. The most we will pay for any one "employee" without a driver for a period "accident" or "loss" Is the actual cash of 30 days or less, under a contract in value, cost of repair, cost of that individual "employee's" name, with replacement or $75,000, whichever Is your permission, while performing less, minus a $500 deductible for each duties related to the conduct of your covered auto. No deductible applies to business. "loss"caused by fire or lightning. c. Such coverage as is provided by this d. The physical damage coverage as is provision Is limited to a "diminution in provided by this provision Is equal to the value" loss arising directly out of physical damage coverage(s) provided accidental damage and not as a result on your owned "autos." of the failure to make repairs; faulty or Incomplete maintenance or repairs; or e. Such physical damage coverage for the installation of substandard parts. hired "autos' will: d. The most we will pay for "loss" to a (1) Include loss of use, provided it is covered "auto" in any one accident is the consequence of an "accident" the lesser of: for which the Named Insured is legally liable, and as a result of (1) $5,000;or which a monetary loss is sustained (2) 20% of the "auto's" actual cash by the leasing or rental concern. value (ACV). (2) Such coverage as is provided by 111. Drive Other Car Coverage—Executive Officers this provision will be subject to a limit of$750 per"accident." The following is added to Sections 11 and Ill: E. Airbag Coverage 1. Any "auto" you don't own, hire or borrow is a The following is added to Section III, covered "auto"for Lfabiilty Coverage while being g used by, and for Physical Damage Coverage Paragraph 13.3.: while in the care, custody or control of, any of The accidental discharge of an airbag shall not your"executive officers,"except: be considered mechanical breakdown. a. An "auto" owned by that "executive officer" F. Electronic Equipment or a member of that person's household;or i CNA63359XX Copyright,CNA corporation,2000. Page 2 of 3 /Cif MHO\ CNA63359XX (Ed. 04/12) b. An "auto" used by that "executive officer" The following is added to Section IV, while working in a business of selling, Paragraph A.S. Transfer Of Rights Of servicing, repairing or parking"autos." Recovery Against Others To Us: Such Liability and/or Physical Damage We waive any right of recovery we may have, Coverage as is afforded by this provision. because of payments we make for injury or E to the greatest of those damage, against any person or organization for (1) Equal whom or which you are required by written coverages afforded any covered "auto"; contract or agreement to obtain this waiver from and us. (2) Excess over any other collectible This injury or damage must arise out of your Insurance, activities under a contract with that person or 2. For purposes of this provision, "executive organization, officer" means a person holding any of the You must agree to that requirement prior to an officer positions created by your charter, 'accident"or"loss." constitution, by-laws or any other similar governing document, and, while a resident of C. Concealment, Misrepresentation or Fraud the same household, Includes that person's The following Is added to Section IV, Spouse. Paragraph B.2.: Such "executive officers" are "insureds" while Your failure to disclose all hazards existing on the using a covered "auto" described in this date of inception of this Coverage Form shall not provision. prejudice you with respect to the coverage afforded iV. BUSINESS AUTO CONDITIONS provided such failure or omission is not Intentional. A. Duties In The Event Of Accident, Claim, Suit D. Other Insurance Or Loss The following is added to Section IV, The following Is added to Section iV, Paragraph B.5.: Paragraph A.2.a.: Regardless of the provisions of Paragraphs 5.a. (4) Your "employees" may know of an and 5.d, above, the coverage provided by this "accident" or "loss." This will not mean policy shall be on a primary non-contributory that you have such knowledge, unless basis. This provision is applicable only when such "accident" or "loss" is known to required by a written contract. That written you or if you are not an individual, to contract must have been entered into prior to any of your executive officers or "Accident"or"Loss." partners or your Insurance manager. E. Policy Period, Coverage Territory The following is added to Section IV, Section IV, Paragraph B,7.(5).(a). Is revised to Paragraph A.2.b.: provide: (6) Your "employees" may know of a. 45 days of coverage in lieu of 30 days. documents received concerning a claim or "suit," This will not mean that you V. DEFINITIONS have such knowledge, unless receipt of Section V. Paragraph C. is deleted and replaced such documents is known to you or If by the following: you are not an individual,to any of your executive officers or partners or your "Bodily injury" means bodily Injury, sickness or insurance manager. disease sustained by a person, Including mental B. Transfer Of Rights Of Recovery Against anguish, mental injury or death resulting from any of these. Others To Us I- I, i ( CNA63359XX Copyright,eNA Corporatlon,2000. Peas 3 of 3 Terra Insurance Company TERRA (A Risk Retention Group) Two Fifer Avenue, Suite Corte Madera, CA 94925 �-25 R INSURANCE COMPANY CERTIFICATE OF INSURANCE DATE 07/25/16 NAME AND ADDRESS OF INSURED GeoEngineers,Tue. 8410-154th Avenue,N.B. Redmond,WA 98052 This certifies that the"claims made"insurance policy(described below by policy number)written on forms in use by the Company has been Issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate 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 any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policy described herein is subject to all the terms,exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 216019 01/01/16 12/31/16 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUALAGGREGATE PROJECT DESCRIPTION South 228th Street U11RR Grade Separation,Kent,Washington GeoEngineers No. 0410-162-02 CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty(30)days in advance,or ten (10)days in advance for non-payment of premium. if the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty(30) days of the notice to the Company from the insured. CERTIFICATE HOLDER ISSUING COMPANY: City of Kent Nancy Yoshitake 400 400 West Gowe Kent,Washington 98032 President Washington State Department of l;mployer Liability Certificate Labor and Industries Y "as Department of:Gabor and Industries Employer Liability Certificate Date: 12/30/2015 USI#: 600 375 010 Legal Business Name: Account it: 4.29,3 51-00 'Doing Business As'Name: GEOENGINEERS INC Estimated Workers Reported: Quarter 3 of Year 2015 "Greater than 100 f (See Description Below) Workers" Workers' Comp Premium Status: Account and paid their hasprem voluntarily Licensed Contractor? Yes License: GEOENI*IIOF Expire Date: 5/9/2017 Account Representative: T1 /FEAWD FEROZE (360)902W479%M - Email: FER1g235@111i.wa,9ov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by oiae person, or several part time workers, Industrial Insurance Information and a premiums each quarter based on hours of employee Employers report pay work already performed, and are liable•for premiums found later to be due. Industrial insurance accounts have no policy periods,.cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.12 . 'gyp REQUEST FOR MAYOR'S SIGNATURE OT :Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW, DEP TME]Ni + -,'- Appro" or_ Originator: Mark Madfai Phone (Originator): 552 Date Sent: 1/11/17 Date Required: 1118117 Return-Signed Document to: Nancy roshitake Contract Termination Date: 12/31/17 VENDOR NAME. Date Finance Notified: GeOlEllglneBYS Inc. (only required on contracts 12/19/16 + 10 000 and over or on any Grant ®ATE or- COUNCIL APPROVAL: Date Risk Manager,Notified:N/A N/A R cared on Non-CityStandard Contracts/Agreements) Has this Document been Specifically Account Number: R97067 Authorized in the Budget? ® YES'. NO Brief Explanation of Document: The attached Amendment No. 2 with GeoEngineers is to continue to provide geotechnical engineering services for the S. 228th Street UPRR Grade Separation Project. 7u)t Be Routed Through The Law Department ( .;p (This area to be completed by the Law Department) Received; wi vLi Re Approvals wPtt 'NJI s 9 . + Law Dept, Comments, Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff °Received: r Recommendations and Comments: '� YE Disposition: � 10 f Date Returned: Y 0 {CiLENK race r'8 ReW¢silos tdrya s s gnat ne tlouv Rolcik-Wilcox, Cheryl From: Brubaker, Tom f ' ' t "� Sent: Wednesday, January 11, 201712:59 PM To: Yoshitake, Nancy; LaPorte, Tim 8 Cc: Rolcik-Wilcox, Cheryl;White, Tammy s Subject: Contract Change order with GeoEngineers ° Nancy and Tim—Here's the deal on change orders—in every instance only if sufficient funds exist in the approved project budget: • Tim, as department director, has the authority to sign change orders that: o Do not exceed the original contract amount by more than $20,000; and* o The cumulative amount of all change orders cannot exceed the greater of • Ten percent of the original contract sum, OR • $65,000. • The mayor has the authority to sign change orders that: o Do not exceed the original contract amount by more than $65,000; and* o The cumulative amount of all change orders cannot exceed the greater of • Twenty percent of the original contract sum, OR • $130,000. • In this case, o Original contract sum was $102,180; o Total previous change orders equals $34,910; o This change order is $30,562; '.. o $30,562 is greater than Tim's $20,000 individual change order authority; o The total of previous change orders with the current change order is $65,472, which exceeds the cumulative total change order limit; o So, the mayor needs to sign this! Please note that Tim, as department director, is authorized to sign any change order extending contract time, no matter how long. *The city code, sections 3.70.220(B)(2) and 3.70.230(B)(2), actually use the word, "or," instead of the intended "and." This was a drafting error that this office is interpreting as intended, or in other words, so that any change order must meet both the individual and cumulative restriction requirements. The next time we revise the city's procurement code, we intend to make this change. But technically, as currently written, the two provisions create two separate options for change order authority. We strongly urge you not to exercise this approach, though. In the present case, it doesn't make any difference, since the proposed change order doesn't meet either measurement. I hope this helps. Nancy, let us know if you want us to send the change order back or if you want to prepare a pink sheet for the mayor's signature. I think it's fine if she signs above Tim's signature, if that makes things easier. Regards, --Tom Tom Brubaker, City Attorney Office of the City Attorney 220 Fourth Avenue South, Kent, WA 98032