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HomeMy WebLinkAboutPW18-478 - Amendment - #1 - GeoEngineers, Inc. - Mill Creek at 76th Ave S Flood Protection - 04/16/2019 �.. N,- Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract, ilanager prior to submission to the City Clerks office. All portiocis are to be completed. �f you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: GeoEngineers, Inc. Vendor Number ()DE): 33039 Contract Number (City Clerk): Category: Contract Agreement Sub-Category (if applicable): Amendment Project Name: Mill Creek at 76th Ave. S. Flood Protection Contract Execution Date: 4/16/19 Termination Date: 12/31/20 Contract Manager: Susanne Smith Department: PW. Engineering Contract Amount: $15,309 Budgeted: V Grant? Part of NEW Budget: F-1 r_1 Local: F-1 State: 1-1 Federal: F] Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: Fv-(] Director Mayor F] City Council Other Details: Prepare preliminary design reports, complete additional subsurface explorations and finalize geotechnical reports. A .00�. 4 KENT WASHINGTON AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: Mill Creek at 76th Ave. S. Flood Protection ORIGINAL AGREEMENT DATE: December 26 2018 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: Prepare preliminary design reports, complete additional subsurface explorations and finalize geotechnical reports. 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, $29,385.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $29,385.00 including all previous amendments Current Amendment Sum $15,309.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $44, i94.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/20 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (±) for this 0 calendar days Amendment Revised Time for Completion 12/31/20 (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: B /i?4 (signature) 2 (s nature) Print Name: Print Name: Timothy J. LaPorte, P.E. Its Its Public Works Director (title) ( tle) DATE: DATE: ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) vrI v Kent City Clerk Kent Law Department GeoEngineer5-Mill Creek at 76"Amd 1/Smith AMENDMENT - 2 OF 2 , GEOENGINEERS. 1101 South Fawcett Avenue,Suite 200 Tacoma,Washington 98402 253.383.4940 EXHIBIT A GEOENGINEERS, INC. 76TH AVENUE SOUTH ROADWAY IMPROVEMENTS AND CULVERT REPLACEMENTS AT MILL CREEK GEOTECHNICAL ENGINEERING SERVICES KENT, WASHINGTON APRIL 5, 2019 FILE NO.0410-206-00 INTRODUCTION AND PROJECT UNDERSTANDING We are pleased to present this revised scope and budget for geotechnical engineering services for the 761h Avenue South Roadway Improvements and Culvert Replacements at Mill Creek project in Kent, Washington. Our understanding of the project is based on our discussions with you and the design team via phone and electronic mail,as well as attending one project kickoff meeting. Our existing Consultant Authorization Agreement from the City for this project(transmittal date December 31, 2018) includes a geotechnical scope of services and fee estimate dated December 5, 2018. Due to the project schedule, we were requested by the City to provide preliminary geotechnical reports based on existing subsurface data in the project area. These preliminary reports were intended for developing type, size and location (TSL) recommendations, as well as for some preliminary design and cost estimating purposes. Draft versions of these reports were submitted as: (1) Preliminary Design Criteria 761h Avenue Culvert Replacements at Mill Creek dated February 11, 2019, and (2) Preliminary Design Criteria 76th Avenue Roadway Improvements dated March 6,2019.Preparingthese preliminary design reports were not included in our original scope of work or fee estimate. A draft TSL Report prepared by Otak, Inc. and dated March 7, 2019 recommends Mill Creek replacement culverts consist of single-span structures with minimum 23-foot span to meet hydraulic and fish passage requirements.We understand from further discussion with Otak via phone call that final culvert widths may be on the order of 30 to 40 feet wide. In our opinion,one boring extending to non-liquefiable soils would be sufficient to characterize subsurface conditions for culverts on the order of 20 feet wide, However, for culverts on the order of 30 to 40 feet wide, we recommend boring depths at the three culvert locations extend into non-liquefiable soils for seismic design. This revised proposal is intended to provide an updated fee estimate to cover the fees associated with preparing our preliminary design reports, completing additional subsurface explorations and finalizing our geotechnical reports. City of Kent April 5,2019 Page 2 SCOPE OF SERVICES Our specific scope of services will consist of the following tasks: Task 100-Subsurface Explorations 1. Explore subsurface conditions by advancing three borings (one at each culvert replacement location) using subcontracted drilling equipment and operator. We have budgeted to complete up to 245 linear feet of drilling using mud-rotary methods. We understand that drilling must occur on nights or weekends, which will incur overtime rates for our subcontractors. We have assumed drilling will take up to three 8-hour work shifts to complete. Task 200- Culvert Replacement 1. Review subsurface conditions and geotechnical design recommendations presented in our preliminary culvert replacement design report. 2. Prepare a final geotechnical report presenting our findings, conclusions, and recommendations for proposed culvert replacements. Our preliminary culvert replacement report will be updated to include our recently completed subsurface explorations(Task 100). Task 300 - Roadway improvements 1. Review subsurface conditions and geotechnical design recommendations presented in our preliminary roadway design report. 2. Prepare a final geotechnical report addendum or revise our culvert report(Task 200)as appropriate to include recommendations for proposed roadway improvements. Recommendations and conclusions from our preliminary roadway design report will be updated to include our recently completed subsurface explorations(Task 100). SCHEDULE AND BUDGET We are prepared to begin our services on this project promptly upon receiving authorization.The fee for our services will be determined on a time-and-expense basis and is summarized in the attached Fee Estimate. We will keep you informed of project status and advise you if it appears appropriate to modify the scope and budget.We will not exceed this amount without first notifying you. ssT.us:tt Attachment: Exhibit B.Fee Estimate Proprietary Notice:The contents of this document are proprietary to GeoEngineers,Inc.and are intended solely for use by our client to evaluate GeoEngineers' capabilities and understanding of project requirements as they relate to performing the services proposed for a specific project.Copies of this document or its contents may not be disclosed to any other parties without the written consent of GeoEngineers. Disclaimer:Any electronic form,facsimile or hard copy of the original document(email,text,table,and/or figure),if provided,and anyattachments are only a copy of the original document The original document is stored by GeoEngineers,Inc.and will serve as the official document of record. Copyright©2019 by GeoEngineers,Inc.All rights reserved GMENGINEERS- ir 4�i 41J-l0fi CC1 EXHIBIT B FEE ESTIMATE CITY OF KENT 76TH AVENUE SOUTH ROADWAY IMPROVEMENTS AND CULVERT REPLACEMENTS AT MILL CREEK GEOTECHNICAL ENGINEERING SERVICES KENT,WASHINGTON FILE NO.0410-206-00 Task 100-Subsurface Explorations Personnel Hours x Rate Cost Associate Geotechnical Engineer(Lyle Stone) 4 x $225 $900 Staff 3 Engineer(Stuart Thielmann) 13 x $154 $2,002 Staff 2 Engineer(Various) 33 x $135 $4,455 Support 7 x $100 - $700 Subtotal Personnel Cost(direct costs) $8,057 Other Expenses Subcontracted Subsurface Explorations $17,500 Suocontracted Traffic Control $1,150 Street Use Permit $965 Geotechnical Laboratory Analysis $1 350 Mileage,Other Expenses $100 Subtotal(indirect costs) $21,065 Total Estimated Costs(Task 100) $29,122 Task 200-Culvert Replacement Personnel Hours x Rate Cost Associate Geotechnical Engineer(Lye Stone; 10 x $225 - $2,250 Staff 3 Engineer(Stuart Thielmann) 47 x $154 _ $7,238 Staff 2 Engineer(Various) 0 x $135 $0 Support 9 x $100 $900 Subtotal Personnel Cost(direct costs) $10,388 Other Expenses Subtotal(indirect costs) $0 Total Estimated Costs(Task 200) $10,388 Task 300-Roadway Improvements Personnel Hours x Rate - Cost Associate Geotechnical Engineer(Lyle Stone) 6 x $225 $1 350 Staff 3 Engineer(Stuart Thielmann) 21 x $154 $3,234 Staff 2 Engineer(Various) 0 x $135 $0 Support 6 x $1O0 $600 Subtotal Personnel Cost(direct costs) $5,184 Other Expenses Subtotal(indirect costs) $fi Total Estimated Costs(Task 300) $5,1841 $0 Estimated Project Subtotal(Including Amendment) $44,694 Original Contract Amount $29,385 Total Estimated Amendment Costs $15,309 File No.0410-20"o ,r-- April 5,2019 Page 1of1 GWENGINEERS / Client#: 326119 GEOENINC2 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS -RTIFICATE 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:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER TACT ,NAME: Tracy Taylor USI Insurance Services NW PR PHONE 206 441-6300 Fax - A/C,No,Ezt: A/c,No: 610-362-8530 601 Union Street, Suite 1000 E-MAIL MAIL : Seattle.PLCertRequest@usi.com Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC p INSURER A:Continental Insurance Company 35289 INSURED INSURER B:National Fire Insurance Co.of Hartford 20478 GeoEngineers, Inc. Valley ForgelnsuranceCompany 20508 INSURER C 17425 NE Union Hill Road, Suite 250 Redmond,WA 98052 INSURER D me GreatAricanlnsuranceCompany 16691 INSURER E: INSURER F: L= 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 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. IN LTSRR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER MM/DDIYYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6023113030 3/31/2018 06/30/201 EACH �OCCURRENCE $1,000 OOO CLAIMS-MADE F OCCUR PREMISES(E.". nce) $500,000 X Stop Gap WA OH ND MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 i PRO- POLICY ^ ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 p OTHER: Stop Gap/EL $1,000,000 AUTOMOBILE LIABILITY !, X X 6023117823 3/31/2018 06/30/201 EeMBINED acc d.nISINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY IRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY Per accident $ A X UMBRELLA LIAR X OCCUR X X 6071853368 3/31/2018i06/30/20119 EACH OCCURRENCE $2 000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE s2,000,000 DED X RETENTION$1 O OOO $ B WORKERS COMPENSATION TH- AND EMPLOYERS'LIABILITY X 6045838328 3/31/2018 06/30/201 X PER DER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N (CA Incl: USL&H) Incl:MEL) E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? � N/A _ (Mandatory in NH) 6045839429 3/31/2018,06/30/2019 E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below AOS-Incl: USL&H) IncI:MEL) '.. E.L.DISEASE-POLICY LIMIT $1,000,000 D Pollution X X CSE211132208 3/31/2018 O6/30/201 $5,000,000 Ea Condition Liability $5,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 0410-206-00-Mill Creek,76th Avenue South Roadway Improvements, Kent,Washington. City of Kent is Additional Insured, coverage is primary and non-contributory and waiver of subrogation applies as respects General Liability and Automobile Liability if required by written contract per attached endorsement. Umbrella Liability Follows Form. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S25233713/M25231842 SKUZP CNA 6023117823 CNA71527XX (Ed. 10l12) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION, BUT ONLY IF YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO MAKE THAT PERSON OR ORGANIZATION AN ADDITIONAL INSURED UNDER THIS POLICY. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. N N O O O O O O CNA71527XX (10/12) Policy No: Page 1 of 1 Endorsement No: Insured Name: GEOENGINEERS, INC. Effective Date: 03/31/2018 Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT 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 6. 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 m rn 17. Medical Payments 0 18. Non-owned Aircraft Coverage 0 0 19. Non-owned Watercraft N 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 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation—Blanket 27. Wrap-Up Extension: OCIP, CCIP or Consolidated (Wrap-Up) Insurance Programs CNA74858XX (1-15) Policy No: 6023113030 Page 1 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT 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 I. below whom a Named Insured is required to add as an additional insured on this Coverage Part .'nder a written contract or written agreement, provided JUlal 1:U11trdLt ur 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 coveraoe. 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 1. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named 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 damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by,on behalf of,or for the Named Insured, including but not limited to: CNA74858XX (1-15) Policy No: 6023113030 Page 2 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT 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 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. 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 N A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's a 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. N O 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 CNA74858XX (1-15) Policy No: 6023113030 Page 3 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERs, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office,Inc.,with its permission. CNA CNA PARAMOUNT 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 damaqe or personal and advertising iniury arising nut of nperations nerformPri for the state or governmental agency or subdivision or political subdivision;or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the gove.rnrnnntal Pntity no an nririitinnal inci red. 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 advertisina injury caused hy- 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 primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the Insurance provided to such person or or^yanlzatlon Is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED—EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following 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; CNA74858XX(1-15) Policy No: 6023113030 Page 4 of 18 Endorsement No: 2 The Continental insurance Co. Effective vate: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 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. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional 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. a m B. NOTICE OF OCCURRENCE N 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 CNA74858XX(1-15) Policy No: 6023113030 Page 5 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 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. 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 maioritv of the Board of Directors of a rnrnnrnfinn• 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 atter management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named 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 insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named 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: CNA74858XX(1-15) Policy No: 6023113030 Page 6 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Cate: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement (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 (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. 0 11. GENERAL AGGREGATE LIMITS OF INSURANCE- PER LOCATION N A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the 0 Insurer will pay for the sum of: 0 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; CNA74858XX (1-15) Policy No: 6023113030 Page 7 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 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 linriar rnverana C caused by ace"dent` his . b .,.:w..._� -r-..--- ^'�- y �.�u I. yv'111 11 Val iiiot UC aUl IUULCU JUIGIY tU UII(J-.UInCy. operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. 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 Insured is norforminn operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables,the location will still be deemed to be the same location For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots. or premises whose r_nnnactin.n. IS intgrnintori only h„ n etrcct ry µ�ze,w �uute�r:uv rr rinh4_nf_rn,n r'.-_ -- , -, - -" - of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard, regardless of the number of locations involved, will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE- PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A—Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and CNA74858XX (1-15) Policy No: 6023113030 Page 8 of 18 Endorsement No: 2 The Continental insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 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 covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). 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. Ill. 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. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. m v 0 Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. m 0 0 C. DEFINITIONS is amended to: i. 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. o 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; CNA74858XX (1-15) Policy No: 6023113030 Page 9 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical iriAi i or i,rou'iic. tesiirli, _..-._ _. r.__.-.__ .___...J. ii rioloto tho riofinitinn of nrr„rrnnrn nnrl ronlnnn i+, Mi thn fn lin,A,inn• Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation,transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named 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: Otherinsurance CNA74858XX(1-15) Policy No: 6023113030 Page 10 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/ PARTNERSHIP/LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: 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 policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: 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 c. 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 a The following is added to WHO IS AN INSURED: a The Named Insured is also an Insured for participation in a current joint venture that is not named on the 0 Declarations, but only if such joint venture meets all of the following criteria: a M 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. CNA74858XX (1-15)Page 11 of 18 Policy No: 6023113030 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 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 exrIuSinn j_ DamanP to Prnnerty in ite entiret"and renlnne;t, ;+k tke f llowing: -a- -ram•v vl✓iuvv n vv ni i u tc ivuvvvI iy. This insurance does not apply to: j. Damage to Property Property damage to: (1) Prooertv the Named Insured owns, rents, or nr_.ri hips inrluriinn nnv CcSts or expenses inns irrerl by vnn or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to 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: (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), 141, (51 and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs(3) and (4)of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. 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; CNA74858XX(1-15) Policy No: 6023113030 Page 12 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 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 tools or equipment, and to 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 0 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or 0 N O 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: (ii) 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. CNA74858XX (1-15) Policy No: 6023113030 Page 13 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 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: $N,NNN,NNN,NNN; or (2) the amount shown in the Declsrat nnc fnr Medical FYpense Limit. B. I Inrhr r`f1VCDAf`CC H, �.......:... Agreement _t n_..__ .+ .._�:--� ^- - --- v�-uci vv.._ Af-_0 +, tL11he uwuring Agreement o "overage " - Medical raymenis 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 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended aS f0110WS: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: 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 Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named 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: CNA74858XX (1-15) Policy No: 6023113030 Page 14 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named 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 employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. 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 0 attachment of an additional insured endorsement to this Coverage Part. 0 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY 0 A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled ti Exclusions is amended to delete the exclusion entitled Contractual Liability. 0 B. 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 CNA74858XX (1-15)Page 15 of 18 Policy No: 6023113030 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted 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 Advprticing Injury I inhility iS nvnh iirleul by annfi-1er en 4—emenf atfache d fn this - IAVl JLi111IIL UILIIIA lV LI IIJ 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 annly to nronerty damage that racults frnm the imp of alavatnrc 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 Prooertv insurance coverino nronerty of others dnmanerf from the iv;p of elavntnre 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: CNA74858XX (1-15) Policy No: 6023113030 Page 16 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA 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 or 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.I.P.) is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named 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; nor 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other 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) 0 insurance program. m C. DEFINITIONS is amended to add the following definitions: N O Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the N 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. _= CNA74858XX (1-15) Policy No: 6023113030 Page 17 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 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 Pant, 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 I expires concurrently with said Policy. CNA74858XX (1-15) Policy No: 6023113030 Page 18 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 03/31/2018 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER: 6023117823 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: GEOENGINEERS, INC. Endorsement Effective Date: 0 3/31/2 018 SCHEDULE Name(s)Of Person(s)Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 This page has been left blank intentionally. Terra Insurance Company TERRA (A Risk Retention Group) INSURANCE COMPANY N ' Two Fifer Avenue, Suite 100 Corte Madera, CA 94925 DATE DATE19 CERTIFICATE OF INSURANCE CERTIFICATE HOLDER City of Kent Nancy Yoshitake 220 4th Avenue South Kent, WA 98032 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 nr extend the coveraae afforded by this volicv. 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 219019 01/01/19 12/31/19 LIMITS OF LIABILITY $3,000,000 EACH CLAIM $3,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION Mill Creek at 76th Avenue South Roadway Improvements, Kent Washington. GeoEngineers No. 0410- 206-00 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. NAME AND ADDRESS OF INSURED ISSUING COMPANY: TERRA INSURANCE COMPANY GeoEngineers, Inc. (A Risk Retention Group) 1101 S. Fawcett Avenue, Suite 200 / L r__ c�iA 98402 is 0 wg _ !a" S acoma, VV President