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HomeMy WebLinkAboutPW15-249 - Amendment - #3 - GeoEngineers, Inc. - East Valley Highway Metro Sewer Repair - 12/15/2017 Pi /l j iN/ � 1�ilf 'J9iy Records /r/�(t/V Document 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: ID Edwards Number Contract Number: rVV It� - J ! 00'� This is assigned by City Clerk's Office Project Name: East Valley Hiqhway Metro Sewer Repair Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/15/17 Termination Date: 12/31/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering Contract Amount: $0.00 Approval Authority, (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2018. -. . .... ..... As of: 08/27/14 KI T AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: East Valley Highway Metro Sewer Repair ORIGINAL AGREEMENT DATE: July 21, 201_5 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: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2018 due to King County has not completed the East Valley Highway roadway repairs and the City needs GeoEngineers under contract until the repairs have been completed. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: -------------- .___........... __. _�m..... Original Contract Sum, $34,575.00 including applicable WSST _.............._. _......_. r _. Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $34,575.00 including all previous amendments .._ Current Amendm ent Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $34,575.00 AMENDMENT - 1 OF 2 _.m...._ ._ ----------------- .......____ Original Time for Completion 12/31/15 (insert date) __. .......... ..................— _...w._.-__.... Revised Time for Completion under 12/31/17 prior Amendments (insert date) Add'1 Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 12/3fd1 (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: B ;--l ' B ! (signature) lwgnaturej Print Name: y '°" Print Name: Timothy J. LaPorte. P.E. Public Works Director 7 (title) �,(`td uJ DATE (f DATE: _n..._. APPROVED AS TO FORM (applicable if Mayor's signature required) Kent Law Department Geo Engineers-EVH Mebo Sewer Re,a,,-Nma 3/Lang Wo AMENDMENT - 2 OF 2 Client#:326119 GEOENINC2 ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(M Y""' 03/30/2012017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS `ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES FLOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:It the certificate holder is an ADDITIONAL INSURED,the pelicy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I GUNIAGI ,NAME: Please send all requests by USI Kibble & Prentice NAONE tax or email FAN - 61D 362-8518 "- {Ap wo E><q ...._ _ 16,va.NI 601 Union Street,Suite 1000 E-MAIL sa CLCBrtRequest@usi.com Seattle, WA 98101 - -- ---- IN AFFORDING COVERAGE HAIL 206-441-6300 INSURER A:Continental Insurance Company --- 35289 INSURED INSURER a Liberty Insurance Corporation-- 42 _0 ._ .. GeoEngineers, Inc. I INSURER Valley Forge Insurance C 'Company 8410 154th Ave NE --- - .... . Redmond,WA 98052 INSURER D Natl Fire Ins Co of Hartford 20478 - -- -- - -- INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: K4 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Nth ... .. .... 4TR TYPE OF INSURANCE ADDL SDOR INSfl WVp POLICY NUMBER WMIDDrvVVVI i MM!i Iy YMY LIMITS ,...... ...... . ,If Idv i ... A X COMMERCIAL GENERAL LIABILITY X X 6023113D3D . 3J31/2017 03/31/201 E EACH OCCURRENCE $1 000 000 C L'1 .�CLAIMS MADE X] OCCUR RENTrd�'n'F IiI. UEs oc orrpnee)_ $500 000 X WA& ND Stop Gap Mro rrP IA Iv one uar-en) $15 000 < PERSONAL anov INJURY $1000000 --. .... GE N L AGGREGATE LIMIT APPLIES PER GENERALACGREGATE s2000000 POLICY[ XI PRO JECT X LOG PRODUCTS COMPIOP AGG $2 000,000 f,OTHER. Stop Gap/EL 111 000,000 AUTOMOBILELIABILITY - ..0 .. GONISM-6SINGLELIMO ill X X 6023117823 3131l217 03l311201 VFaaysadl,,,lf _ s1 000,000 X�AN'ACTO BODILY INJURY(Per prsor) $ ALL OWNED ' SCHEDULED BODILY INJURY(Perecadenl l$ s AUTOS AUTOS ) NR600 Y DAMAJF ...,. X'HIRED AUTOS XJNON OWNED ' AUTOS lr yl AfA Uda $ - I $ ,X: UMBRELLA LIAB EACH B...I{wGRXe�s�coMPENSArX710,000CESS CAB CLAIMS MADr- X � x, EmA8lers LiabAuto &7 3131l2017103l311201 AGGRERATE RLNCC ores 510000.000 C X WC6045639429 3/31/2017 03/31/201 X =,rnrll,r =c AND EMPLOYERS LIABILITY YIN 1 - nNrPROPFreIETOn/PAgrNER.+EnEnUnwLr ID LA MO NC NY OR UT USL&H/M( Lt EACRACUDENT �1 s1 000,000 OFFIC�ENIMAEMBE8 EXCLUDED, N, NIA I YE D (Mandate,InNHl l X WC6045838328 3/31/201703/31/2018�ELDISEASE EAEMPIOYcc $1000.000 fyes describe under -�--- I DESCRIPTION.OFOPERATIONS bemw CA incl USL&H/MEL ;*inel VIA EL DISEASE POLICY LIMIT C$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES LAGGED 101,Additional Remarks Schedule,may be attached if more space is required) 0410-194-00-Blanket Consultants Services. City of Kent is Additional Insured, coverage is primary and non-contributory,and waiver of subrogation applies as respects General and Auto Liability if required by written contract per attached endorsements. CERTIFICATE HOLDER'. CANCELLATION FCity Of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Engineering Department ACCORDANCE WITH THE POLICY PROVISIONS. 220 41h Avenue S Kent. WA 98032 AUTHORIZED REPRESENTATIVE I ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 Oft The ACORD name and logo are registered marks of ACORD #S20200573/M20200560 CNMJU CIVA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured 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 Insured 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 by or on behalf of the Named Insured and In the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage;and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in 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 Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. If. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. 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 orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; 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. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance Is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written CNA75079XX (1-15) Policy No: 6023113030 Page 1 of 2 Endorsement No: 3 The Continental Insurance Co. Effective Date: 03/31/2017 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement 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 In The Event of Occurrence, Offense, Claim 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 Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. 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 Insurer copies of all legal papers received, and otherwise cooperate with the Insurer 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 Insurer 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 Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional Insured. VI. 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 Insured 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 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. �....._.....__ .................__........ ... __.......... ONA75079XX (1 15) Policy No: 60 2 3113 03 0 Page 2 of 2 Endorsement No: 3 'Lhe Continental Insurance Co. Effective Date: 03,131/2017 Insured Name: GEOENGINEEP.S, INC. Copyright CNA All Rights Reserved, Includes copynghted material of Insurance services Office,Inc„with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 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 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 1.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 Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer 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 Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: —y CNA74858XX (1-15 Pollc No: 6023113030 Page 16 of 18 Endorsement No: The Continental Insurance Co. Effective Date: 03/31/2017 Insured Name: GF.OENG rNEERS, IN(-. Copyright CNA All Rights Reserved. Includes copyrighted malerial of Insurance Services Office,Inc.,with its permission. � CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 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 of personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.LP.) 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 Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; no, 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 Insurance is amended to add the following subparagraph 4.b.(1)(c): 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.LP.) 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. IIIIIIIIIIE o _..__ GNA74858XX (1 15) Policy No 6023113030 Page 17 of 18 Endorsement No: I The Continental Insurance Co. Effective Date: 03/31/2017 Insured Name: GEOENG1NEZRS, INC. copyright CNA All Rights Reserved, Includes copyrighted material of Insurance services Office,Inc„with its permission, CNA63359XX CNA (Ed. 04/12) 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 name, with your permission, while performing duties related to the conduct of your business, A. Who Is An Insured "Policy," as used in this provision A. Who Is An The following is added to Section II, Paragraph Insured, includes those policies that were In force A.1.,Who Is An Insured: on the inception date of this Coverage Form but: 1. a. Any incorporated entity of which the 1. Which are no longer in force;or Named Insured owns a majority of the voting stock on the date of Inception of 2. Whose limits have been exhausted. this Coverage Form, provided that, B. Bail Bonds and Loss of Earnings b. The insurance afforded by this provision Section II, Paragraphs A.2. (2) and A.2. (4) are A.1. does not apply to any such entity revised as follows: that is an "Insured" under any other liability"policy" providing "auto" coverage. 1. In a.(2), the limit for the cost of bail bonds is 2. Any organization you newly acquire or form, changed from $2,000 to $5,000, and other than a limited liability company, 2. In a.(4), the limit for the loss of earnings is partnership or joint venture, and over which changed from $250 to $500 a day. you maintain majority ownership interest. C. Fellow Employee The insurance afforded by this provision A.2.: Section II, Paragraph B.5 does not apply. a. Is effective on the acquisition or formation Such coverage as is afforded by this provision C. date, and is afforded only until the end of is excess over any other collectible insurance. the policy period of this Coverage Form, or the next anniversary of its inception IL PHYSICAL DAMAGE COVERAGE date, whichever is earlier. A. Glass Breakage — Hitting A Bird Or Animal — b. Does not apply to: Falling Objects Or Missiles (1) "Bodily injury" or ''property damage" The following is added to Section III, Paragraph caused by an "accident" that A.3.: occurred before you acquired or With respect to any covered ''auto," any deductible formed the organization;or shown in the Declarations will not apply to glass (2) Any such organization that is an breakage if such glass is repaired, in a manner "Insured" under any other liability acceptable to us, rather than replaced. "policy"providing "auto'' coverage. B. Transportation Expenses 3. Any person or organization that you are required by a written contract to name as an Section III, Paragraph A.4.a. is revised, with additional insured is an "insured" but only with respect to transportation expense incurred by you, e respect to their legal liability for acts or to provide: omissions of a person, who qualifies as an a. $60 per day, in lieu of$20;subject to "Insured" under Section II — Who Is An Insured and for whom Liability Coverage is b. $1,800 maximum, in lieu of$600. afforded under this policy. If required by C. Loss of Use Expenses written contract, this insurance will be primary and non-contributory to insurance on which Section III, Paragraph A.4.b. is revised, with the additional insured is a Named Insured. respect to loss of use expenses incurred by you, to provide: 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a a. $1,000 maximum, in lieu of$600. contract or agreement in that "employee's" CNA63359XX copyright,cNA corporation,2000 Page 1 of 3 (Ed. 04/1 2) Includes copyrighted material of the Insurance Services Office used with Its permission. CNA63359XX (Ed. 04/12) D. Hired "Autos" d. A $100 per occurrence deductible applies to The following is added to Section III. Paragraph the coverage provided by this provision. A. G. Diminution In Value 5. Hired "Autos" The following is added to Section III, Paragraph If Physical Damage coverage is provided under 8.6.. this policy. and such coverage does not extend to Subject to the following, the "diminution in value" Hired Autos, then Physical Damage coverage is exclusion does not apply to: extended to: a. Any covered "auto" of the private a. Any covered "auto" you lease, hire, rent passenger type you lease, hire, rent or or borrow without a driver; and borrow, without a driver for a period of 30 b. Any covered "auto" hired or rented by days or less, while performing duties your "employee" without a driver, under a related to the conduct of your business; and contract in that individual "employee's" name, with your permission, while b. Any covered "auto" of the private performing duties related to the conduct passenger type hired or rented by your of your business. "employee"without a driver for a period of C. The most we will pay for any one 30 days or less, under a contract in that individual "employee's" name, with your "accident" or loss" is the actual cash permission, while performing duties value, cost of repair, cost of replacement or $75,000, whichever is less, minus a related to the conduct of your business. $500 deductible for each covered auto. c. Such coverage as is provided by this No deductible applies to "loss" caused by provision is limited to a "diminution in fire or lightning. value" loss arising directly out of d. The physical damage coverage as is accidental damage and not as a result of provided by this provision is equal to the the failure to make repairs; faulty or physical damage coverage(s) provided on incomplete maintenance or repairs; or the your owned "autos." installation of substandard parts. e. Such physical damage coverage for hired d. The most we will pay for "loss" to a "autos" will: covered "auto" in any one accident is the lesser of: (1) Include loss of use, provided it is the (1) $5,000; or consequence of an "accident" for which the Named Insured is legally (2) 20% of the "autos" actual cash value liable, and as a result of which a (ACV). monetary loss is sustained by the leasing or rental concern. III. Drive Other Car Coverage—Executive Officers (2) Such coverage as is provided by this The following is added to Sections II and III: provision will be subject to a limit of 1. Any "auto" you don't own, hire or borrow is a $750 per"accident." covered "auto" for Liability Coverage while being E. Airbag Coverage used by, and for Physical Damage Coverage while in the care, custody or control of, any of your The following is added to Section III, Paragraph "executive officers,"except: B.3` a. An "auto" owned by that "executive officer" or The accidental discharge of an airbag shall not be a member of that person's household; or considered mechanical breakdown. b. An "auto" used by that "executive officer" F. Electronic Equipment while working in a business of selling, Section III, Paragraphs B.4.c and BA.d. are servicing, repairing or parking "autos." deleted and replaced by the following: Such Liability and/or Physical Damage Coverage c. Physical Damage Coverage on a covered as is afforded by this provision. "auto" also applies to "loss" to any (1) Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered "auto"; and including its antennas and other accessories. CNA63359XX copyright,cNA corporation,20e0, Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed. 04/12) (2) Excess over any other collectible damage, against any person or organization for insurance. whom or which you are required by written 2. For purposes of this provision, "executive officer" contract or agreement to obtain this waiver from means a person holding any of the officer us. positions created by your charter, constitution, by- This injury or damage must arise out of your laws or any other similar governing document, activities under a contract with that person or and, while a resident of the same household, organization. includes that person's spouse. You must agree to that requirement prior to an Such "executive officers" are "insureds" while "accident" or"loss." using a covered "auto" described in this provision. C. Concealment, Misrepresentation or Fraud IV. BUSINESS AUTO CONDITIONS The following is added to Section IV, Paragraph A. Duties In The Event Of Accident, Claim, Suit Or B.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section IV, Paragraph of inception of this Coverage Form shall not prejudice A.2.a.: you with respect to the coverage afforded provided (4) Your "employees" may know of an such failure or omission is not intentional. "accident" or "loss." This will not mean D. Other Insurance that you have such knowledge, unless The following is added to Section IV, Paragraph such "accident" or "loss" is known to you or if you are not an individual, to any of B.5.. your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a. insurance manager. and 5.d. above, the coverage provided by this The following is added to Section IV, Paragraph policy shall be on a primary coon-contributory A 2 b : basis. This provision is applicable only when required by a written contract. That written (6) Your "employees" may know of contract must have been entered into prior to documents received concerning a claim "Accident" or"Loss." or"suit."This will not mean that you have E. Policy Period, Coverage Territory such knowledge, unless receipt of such documents Is known to you or if you are Section IV, Paragraph B. 7.(5).(a). is revised to not an individual, to any of your executive provide: officers or partners or your insurance manager. a. 45 days of coverage in lieu of 30 days. B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS a To Us Section V. Paragraph C. is deleted and replaced by The following is added to Section IV, Paragraph the following: A.5. Transfer Of Rights Of Recovery Against "Bodily injury" means bodily injury, sickness or disease Others To Us: sustained by a person, including mental anguish, We waive any right of recovery we may have, mental injury or death resulting from any of these. because of payments we make for injury or i= CNA63359XX Copyright,CnA Corporation,2000 Page 3 of 3 (Ed. 04/1 2) Includes copyrighted material of the Insurance services Office used with its permission. Terra Insurance Company TERRA (A Risk Retention Group) .... Two Fifer Avenue, Suite 100 Fol, INSURANCC E COMPANY Corte Madera, CA 94925 CERTIFICATE OF INSURANCE DATE 02/02/17 NAME AND ADDRESS OF INSURED GeoEngineers, Inc. 1101 Fawcett Avenue, Suite 200 Tacoma, WA 98402 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 217019 01/01/17 12/31/17 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION East Valley Highway Metro Sewer Repair, Kent, Washington GeoEngineers File No. 0410-151-03 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:TERRA INSURANCE COMPANY City of Kent Engineering (A Risk Retention Group) Nancy Yoshitake 400 400 West Gowe Kent, Washington 98032 President