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HomeMy WebLinkAboutCAG2019-376 - Original - R2 Resource Consultants, Inc. - Mill Creek Reestablishment Wetlands Delineation - 07/29/2019 Agreement Routing Form s KEN T For Approvals, Signatures and Records Management WASHINGT0N This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Melissa Dahl Department. Public Works Date Sent: 7/30/19 Date Required: 8/1/19 m Authorized Director or Designee Date of 0 p, to Sign: Council N/A QMayor Approval: Budget Account D20086 Grant. Yes No Number: Type: N/A Vendor Name: R2 Resource Consultants, Inc. Category: Contract Vendor 0 Number: 53721 Sub-Category Project E Name: Mill Creek Reestablishment a = Project C Details: Perform a wetlands delineation on the Chandler's Bay Apts. property 0 Agreement Basis for $5,018.30 0 Amount: Selection of '' vs Contractor., a Start Date: 7/29/19 Termination Date: 12/31/19 Notice required prior to Yes No disclosure? Contract Number: L ZG Date Received by City Attorney: Comments: ow c 0 0 N d >V i+ _C Date Routed to the Mayor's Office: V1 d Date Routed to the City Clerk's Office: d Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373 6 19 R a aa53.O1 KENT W.9 Hua row CONSULTANT SERVICES AGREEMENT between the City of Kent and R2 Resource Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and R2 Resource Consultants, Inc. organized under the laws of the State of Washington, located and doing business at 15250 NE 95th St., Redmond, WA 98052, Phone: (425) 556- 1288, Contact: Paul DeVries (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall perform a wetlands delineation on the Chandler's Bay Apartments property. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Five Thousand, Eighteen Dollars and Thirty Cents ($5,018.30), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT- 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: By: G( � By: 23 sr at e �5�91 )(. ure Print Name: /G cl C Print Name: Timothy ]. LaPorte, P.E. Its: Ge- Its: Public Works Director DATE: 7���l DATE: `i' l NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Paul DeVries Timothy ]. LaPorte, P.E. R2 Resource Consultants, Inc. City of Kent 15250 NE 95th St. 220 Fourth Avenue South Redmond, WA 98052 Kent, WA 98032 (425) 556-1288 (telephone) (253) 856-5500 (telephone) N/A (facsimile) 253 856-6500 facsi ile ATTE Kent tity Clerk R2 Resource-Chandler Bay Apts/Dahl CONSULTANT SERVICES AGREEMENT- 5 ($20,000 or Less) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: /�-//c� 0 Ink For: C,on UAA-x Cs /4C. Title: U!e-G ?re--,ld eY+ Date: -7Lqlt 9 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A R� OUR�E 15250 NE 95TH STREET fZ2CCINSULTAN ' REDMOND,WA 98052 a25.556.1288 'mMINC. r2usa.co rn - City of Kent - Scope of Work Supplemental Wetlands Delineation Adjacent to Little Property Introduction The City of Kent (City) has requested that R2 Resource Consultants, Inc. (112) prepare a scope of work (SOW)and budget to assist the City project manager with performing a wetlands delineation on the Chandlers Bay Apartments property, adjacent to the former Little Property now owned by the City. R2 performed a wetlands delineation on the Little Property previously, but did not have authorization at that time to extend the survey onto the apartments property. Accordingly, under this scope, R2 will provide the following services: 1. Perform a wetlands delineation in the field in the area of the Chandlers Bay property depicted below. 2. Update 132's Wetlands Delineation Report to incorporate the expanded area surveyed. Area to be delineated Previously delineated area The corresponding SOW involves the following activities, deliverables, schedule, and budget. R2 Resource Consultants,Inc. 1 June 25,2019 Task 1—Project Management This task includes general project coordination and contract administration. Assumptions • n/a. Deliverables Deliverables will consist of an invoice and progress report. Task 2—Field Delineation Kate Knox Machata, who performed the Little Property delineation, will flag wetlands and ordinary high water (OHW) indicators. Assumptions • The City will confirm access is authorized, and will provide a staff person onsite during the delineation for safety purposes, and to assist as needed. • Wetlands and OHW locations will be marked in the field on private property using temporary flagging. The City will survey the flags as soon as practicable after the survey is completed and remove flags during the process. The City will provide R2 with the survey data in (i) csv text file format with columns for Point ID, Northing, Easting, Elevation, and description; and (ii) AutoCAD DWG format, with point location, ID, elevation, and description as text fields at an appropriate legible scale in model space. The horizontal coordinate system will be NAD83 State Plane North, US Feet; vertical datum will be NAVD88, US Feet. Deliverables • The deliverable for this task will be incorporated in the Task 3 report. Task 3—Update Wetlands Delineation Report R2 will update the previous wetlands report and incorporate the new data and mapping in CAD. A draft report will be submitted to the City for review. A final report will be prepared that incorporates review comments. Assumptions • Review comments will not lead to significant restructuring of the report, or addition of new analyses and maps. Deliverables • A draft and final wetlands delineation report, updated to include the additional area surveyed. R2 Resource Consultants,Inc. 2 June 25,2019 Schedule 112's intent is to proceed soon after receiving corresponding notice from the City. The draft report will be submitted within 2 weeks after the field delineation, and final report within 1 week of receiving review comments. The City will be notified immediately if circumstances arise that may affect this proposed timeline. Estimated Costs Estimated maximum cost is$5,018.30, under a Time and Materials, Not-to-Exceed contract. R2 Resource consultants,Inc. Table la. Labor Hours and Costs - _ 25-jun-19 City of Kent _ Little Property/Chandlers Bay Apartment Property Page I of 2 pages Wetlands Delineation _---------__ TASK 01 TASK 02 TASK 03 Project Field Report Hourly Management Delineation TOTAL PERSONNEL Rate$ Hrs/Csts$ Hrs/Csts$ Hrs/Csts$ Paul DeVries,Ph.D. P.E. - _...- _$196.00 L 0.5; 4, 5.5 Engineer/CAD _ Joetta Zablotne - ._ y $166.00 0% 0' 1 1.0 GIS and Database Manager - ------ Jody Breckenridge $133.00 2' 0 0 2.0 _._ Administration/Contracting Sabrina Panos _ $121.00 0.5' 0 3 3.5 Word Processing/Adm n. Michelle McLaughlin $73.00 0.5 0 0 0.5 _ Clerical -_ Total Labor Hours 4.0 0 5? 8 Oi 12.5 ___ Total labor Costs$ $559 00 ' $98 00 I $1,313 00 $1970 00 ITEM r _ ------------- __-_-__--_-__-_• SUBCONTRACTOR Kate Knox Machata' $--0- $723.00 $1880 00 I _ $2 703.00 ....... - _ 10%Markup on Expenses,Subcontractor -- $0 00 $72.30 198.00 270 30 .----- Office Equipment I Computer GIS/CAD $10/hour - So oo $o.oa $20 00 $20.00 Copies -b/w(11x17);$0.20/page $0 00 i ____. _ _ $0.00 , $10.00 $10.00 Copies b/w(8 1/2xi1) $0.10/page - $5.00 $0 00 $10.00 $15,00 Copies -Color(11x17) $1a50/pe i $ $0.00 $10.00 $10.00 Copies Color(8 1/2 x 11) $1/page I j $o 00 $o 00 1 $20.00 $20.00 - - -- --- Subtotal R2 Equipment Usage$ j 70--- $5.00 50 00 $ 00 i $75.00 Total ODCs$ ( $5,00 $795.30 Total Labor Costs$ $2,248.00 $3,048.30 $559.00 - - -- $98 00 j $1,313.00 $1,970 00 TOTAL COSTS __._._. ...----- _ $564.00 $893.30 i 3,561.00 $5,018.30 R2 Resource Consultants,Inc. 3 June 25,2019 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Client#: 334174 R2RESOUR ACORDTM CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) 7/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the 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 CONTACT USI Insurance Services NW PR NAME: Sheri Huntington n/CD,NN ,Ext:206 441-6300 601 Union Street,Suite 1000 a/c,No: 610-362-8530 Seattle,WA 98101 AonRIEss: pl.certrequest@usi.com INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:National Fire Insurance Co.of Hartford 20478 R2 Resource Consultants, Inc. INSURER B: J.S.Specialty insurance Company 29599 15250 NE 95TH Street INSURER C: Redmond,WA 98052 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/LDDIYICY YYY FF MM/LDCDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X B3011007524 2/01/2019 02/01/202 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR PREMISESOEa o cur ence $1,000,000 MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY D JECOT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY X 3011007538 2/01/2019 02/01/202 E0a aecidentSINGLE LIMIT 1,000,000 X ANY AUTO OWNED SCHEDULED BODILY INJURY(Per person) $ AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED X AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE $ Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _]� EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ A WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY Y/N X B3011007524 2/01/2019 02/01/202 PER X OTH- ANY PROPRIETOR/EXCLUDED? R/EXECUTIVE WA Stop Gap) E.L.EACH ACCIDENT $1,000,000 ER OFFICER/MEMBER EXCLUDED? � N I A (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $1 000 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 B Professional USS1929893 7/01/2019 07/01/202 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: R2 Project No. 2253, Supplemental Wetlands Delineation Adjacent to Little Property. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to City of Kent,only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 4th Ave. S THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S26220106/M25994377 SRSJV DESCRIPTIONS (Continued from Page 1) The General Liability and Automobile Liability policies contain a special endorsement with Primary and Noncontributory wording,when required by written contract. The General Liability policy includes a Separation of Insureds Provision, The General Liability and Automobile Liability policies include an endorsement providing that 45 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier. SAGITTA 25.3(2016/03) 2 of 2 #S26220106/M25994377 CMABusiness Auto Policy All Coverage Parts included in this policy are subject to the following conditions. The conditions in this endorsement replace any similar conditions in the policy that are less favorable to the insured. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by notifying us or the insurance producer in one of the following ways: a. Written notice by mail, fax or e-mail; b. Surrender of the policy or binder; or c. Verbal notice. Upon receipt of such notice, we will cancel this policy or any binder issued as evidence of coverage, effective on the later of the following: a. The date on which notice is received or the policy or binder is surrendered; or b. The date of cancellation requested by the first Named Insured. 2. We may cancel this policy by mailing or delivering to the first Named Insured and the first Named Insured's agent or broker written notice of cancellation, including the actual reason for the cancellation, to the last mailing address known to us, at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 45 days before the effective date of cancellation if we cancel for any other reason; except as provided in Paragraphs 3. and 4. below. 3. We may cancel the Commercial Property Coverage Part and the Capital Assets Program (Output Policy) Coverage Part, if made a part of this policy, by mailing or delivering to the first Named Insured and the first Named Insured's agent or broker written notice of cancellation at least five days before the effective date of cancellation for any structure where two or more of the following conditions exist: a. Without reasonable explanation, the structure is unoccupied for more than 60 consecutive days, or at least 65% of the rental units are unoccupied for more than 120 consecutive days, unless the structure is maintained for seasonal occupancy or is under construction or repair; b. Without reasonable explanation, progress toward completion of permanent repairs to the structure has not occurred within 60 days after receipt of funds following satisfactory adjustment or adjudication of loss resulting from a fire; c. Because of its physical condition, the structure is in danger of collapse; d. Because of its physical condition, a vacation or demolition order has been issued for the structure, or it has been declared unsafe in accordance with applicable law; e. Fixed and salvageable items have been removed from the structure, indicating an intent to vacate the structure; f. Without reasonable explanation, heat, water, sewer and electricity are not furnished for the structure for 60 consecutive days; or g. The structure is not maintained in substantial compliance with fire, safety and building codes. Form No: IL 01 46 08 10 Endorsement Effective Date: Policy No:BUA 3011007538 Endorsement Expiration Date: Policy Effective Date: 02/01/2019 Endorsement No: 15; Page: 1 of 4 Policy Page: 57 of 74 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 °Copyright Insurance Services Office, Inc., 2009 CNABusiness Auto Policy 4. If: a. You are an individual; b. A covered auto you own is of the "private passenger type"; and c. The policy does not cover garage, automobile sales agency, repair shop, service station or public parking place operations hazards; we may cancel the Commercial Automobile Coverage Part by mailing or delivering to the first Named Insured and the first Named Insured's agent or broker written notice of cancellation, including the actual reason for cancellation, to the last mailing address known to us: a. At least 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. At least 10 days before the effective date of cancellation for any other reason if the policy is in effect less than 30 days; or c. At least 20 days before the effective date of cancellation for other than nonpayment if the policy is in effect 30 days or more; or d. At least 20 days before the effective date of cancellation if the policy is in effect for 60 days or more or is a renewal or continuation policy, and the reason for cancellation is that your driver's license or that of any driver who customarily uses a covered "auto" has been suspended or revoked during policy period. 5. We will also mail or deliver to any mortgage holder, pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, at their last mailing address known to us, written notice of cancellation, prior to the effective date of cancellation. If cancellation is for reasons other than those contained in Paragraph A.3. above, this notice will be the same as that mailed or delivered to the first Named Insured. If cancellation is for a reason contained in Paragraph A.3. above, we will mail or deliver this notice at least 20 days prior to the effective date of cancellation. 6. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 7. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund will be at least 90% of the pro rata refund unless the following applies: a. For Division Two - Equipment Breakdown, if the first Named Insured cancels, the refund will be at least 75% of the pro rata refund. b. If: (1) You are an individual; (2) A covered auto you own is of the "private passenger type"; (3) The policy does not cover garage, automobile sales agency, repair shop, service station or public parking place operations hazards; and (4) The first Named Insured cancels; the refund will be not less than 90% of any unearned portion not exceeding $100, plus 95% of any unearned portion over $100 but not exceeding $500, and not less than 97% of any unearned portion in excess of $500. The cancellation will be effective even if we have not made or offered a refund. 8. If notice is mailed, proof of mailing will be sufficient proof of notice. Form No: IL 01 46 08 10 Endorsement Effective Date: Policy No: BUA 3011007538 Endorsement Expiration Date: Policy Effective Date: 02/01/201 9 Endorsement No: 1 5; Page: 2 of 4 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL Policy Page: 58 of 74 60606 °Copyright Insurance Services Office, Inc., 2009 CNA SB-300000-D (Ed. 04/14) BUSINESSOWNERS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us"and "our" refer to the company providing the insurance. The word "insured" means any person or organization qualifying as such under Section C.—Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION F — LIABILITY DEFINITIONS. A. Coverages (c) Prior to the policy period, no insured 1. Business Liability (Bodily Injury, Property listed under Paragraph C.1. Who Is Damage, Personal and Advertising Injury) An Insured and no "employee" authorized by you to give or receive a. We will pay those sums that the insured notice of an "occurrence" or claim, becomes legally obligated to pay as damages knew that the "bodily injury" or because of "bodily injury," "property damage" "property damage" had occurred, in or "personal and advertising injury" to which whole or in part. If such a listed this insurance applies. We will have the right insured or authorized "employee" and duty to defend the insured against any knew, prior to the policy period, that "suit" seeking those damages. However, we the "bodily injury" or "property will have no duty to defend the insured damage" occurred, then any against any"suit"seeking damages for"bodily continuation, change or resumption of injury," "property damage" or "personal and such "bodily injury" or "property advertising injury," to which this insurance damage" during or after the policy does not apply. We may at our discretion, period will be deemed to have been investigate any "occurrence" or any offense known before the policy period. and settle any claim or "suit" that may result. But: (2) To "personal and advertising injury" caused by an offense arising out of your (1) The amount we will pay for damages is business, but only if the offense was limited as described in Section D — committed in the "coverage territory" Liability And Medical Expenses Limits Of during the policy period. Insurance; and c. "Bodily injury" or "property damage" which (2) Our right and duty to defend ends when occurs during the policy period and was not, we have used up the applicable limit of prior to the policy period, known to have insurance in the payment of judgments or occurred by any insured listed under Section settlements or medical expenses to which C.1. Who Is An Insured or any "employee" s this insurance applies. authorized by you to give or receive notice of N No other obligation or liability to pay sums or an "occurrence" or claim, includes any continuation, change or resumption of "bodily perform acts or services is covered unless injury" or 'property damage" after the end of explicitly provided for under Coverage Extension—Supplementary Payments. the policy period. b. This insurance applies: d. "Bodily injury" or "property damage" will be deemed to have been known to have (1) To "bodily injury" and "property damage" occurred at the earliest time when any insured only if: listed under Section C.1. Who Is An Insured or any "employee" authorized by you to give (a) The "bodily injury" or "property or receive notice of an"occurrence"or claim: damage" is caused by an "occurrence" that takes place in the (1) Reports all, or any part, of the "bodily "coverage territory"; injury" or "property damage" to us or any (b) The "bodily injury" or "property other insurer; damage" occurs during the policy (2) Receives a written or verbal demand or period; and claim for damages because of the "bodily injury"or"property damage"; or SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 Of 16 (Ed. 04/14) 9 SB-300000-D (Ed. 04/14) The Limits of this policy apply separately to each damage to which this insurance may also consecutive annual period and to any remaining apply. period of less than 12 months, starting with the beginning of the policy period shown in the d. No insured will, except at that insured's own Declarations, unless the policy period is extended cost, voluntarily make a payment, assume after issuance for an additional period of less than any obligation, or incur any expense, other 12 months. In that case, the additional period will than for first aid,without our consent. be deemed part of the last preceding period for 3. Financial Responsibility Laws purposes of determining the Limits of Insurance. a. When this policy is certified as proof of E. Businessowners Liability Conditions financial responsibility for the future under the 1. Bankruptcy provisions of any motor vehicle financial responsibility law, the insurance provided by Bankruptcy or insolvency of the insured or of the the policy for "bodily injury" liability and insured's estate will not relieve us of our "property damage" liability will comply with the obligations under this policy. provisions of the law to the extent of the 2. Duties In The Event Of Occurrence, Offense, coverage and limits of insurance required by Claim Or Suit that law. a. You must see to it that we are notified as soon b. With respect to "mobile equipment" to which as practicable of an "occurrence" or an this insurance applies, we will provide any offense which may result in a claim. To the liability, uninsured motorists, underinsured extent possible, notice should include: motorists, no-fault or other coverage required by any motor vehicle law. We will provide the (1) How, when and where the "occurrence" required limits for those coverages. or offense took place; 4. Legal Action Against Us (2) The names and addresses of any injured right under this No person or organization has a ri persons and witnesses; and g (3) The nature and location of any injury or policy: damage arising out of the "occurrence" or a• To join us as a party or otherwise bring us into offense. a "suit" asking for damages from an insured; b. If a claim is made or "suit" is brought against or any insured, you must: b. To sue us on this policy unless all of its terms (1) Immediately record the specifics of the have been fully complied with. claim or"suit"and the date received; and A person or organization may sue us to recover on an agreed settlement or on a final (2) Notify us as soon as practicable. judgment against an insured; but we will not You must see to it that we receive written be liable for damages that are not payable notice of the claim or "suit" as soon as under the terms of this policy or that are in practicable. excess of the applicable limit of insurance. An agreed settlement means a settlement and c. You and any other involved insured must: release of liability signed by us, the insured and the claimant or the claimant's legal (1) Immediately send us copies of any representative. demands, notices, summonses or legal papers received in connection with the 5. Separation Of Insureds claim or"suit"; Except with respect to the Limits of Insurance in (2) Authorize us to obtain records and other this policy, and any rights or duties specifically information; assigned in this policy to the first Named Insured, (3) Cooperate with us in the investigation, or this insurance applies: settlement of the claim or defense against a. As if each Named Insured were the only the"suit'; and Named Insured; and (4) Assist us, upon our request, in the b. Separately to each insured against whom enforcement of any right against any claim is made or"suit"is brought, person or organization that may be liable to the insured because of injury or SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 12 Of 16 (Ed. 04/14) g CNABusiness Auto Policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect tucoverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies pomon(o) ororgunization(a) who are ^inauredo" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: R2 Resource Consultants, Inc. Endorsement Effective Date: 02/01/2019 SCHEDULE .Name Of Person(s) Or Organization(s) BLANKET ADDITIONAL INSURED WHERE REQUIRED BY CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only ,othe extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in ParagraphA.1. of Section U '"/v Covered Liability in BuainoonAutoand tor Carrier Coverage Forms and Paragraph O.2. of Section | Covered Autos Coverages of the Auto Dealers /^ Form No: cAzo4a1o1z — — - - - - - -'---- -- Endorsement Effective Date: Endorsement Expiration Date: Policy No: auAao11oo7sxn � i Endorsement No: *; puoo: 1 o/ 1 p»n«vs�oczxmo�a� ozm�/zo�e' � u�enwmmoCompany: wauonu nm /r*umr*oCompany o/*u�^�. 1s1 m �unmmsr c»wuoo /� p»x�'p»««� »am7� uueno ' ' � mCopyright Insurance ��-m�- Inc., ----'----- - -- � �� Services Office, zn11 -- -- CNABusiness Auto Policy vet • . It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization BLANKET ADDITIONAL INSURED WHERE REQUIRED BY CONTRACT 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 This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. I Form No: CNA71527XX (10-2012) Endorsement Effective Date: Policy No: BUA 3011007538 Endorsement Expiration Date: Policy Effective Date: 02/01/201 9 Endorsement No: 11; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL Policy Page: 53 of 74 60606 Copyright CNA All Rights Reserved. _._._..,.. CNA SB146968B (Ed. 6-16) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy;and 2. Executed prior to the: a. "Bodily injury"or"property damage";or b. Offense that caused the"personal and advertising injury"; for which the additional insured seeks coverage B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury", "property damage"or"personal and advertising injury"caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement;or C. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or $ "property damage"included in the"products-completed operations hazard", and only if: RN (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to,the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury"arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager;or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B(6-16) Page 1 of 2 Copyright,CNA All Rights Reserved. C,NA SB146968B (Ed. 6-16) 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or"suit"under this insurance; 2. Tender the defense and indemnity of any claim or"suit"to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2. below: a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit"from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2 of 2 Copyright,CNA All Rights Reserved. CNA CNA80103XX (09-14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. CNA80103XX (09-14) Page 1 of 1 Copyright,CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission CNA SB147059C (Ed. 09/14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS BUILDERS RISK COVERAGE—SPECIAL FORM CONTRACTORS EQUIPMENT—SPECIAL FORM INSTALLATION FLOATER COVERAGE FORM MECHANIC'S TOOL AND EQUIPMENT COVERAGE PERSONAL PROPERTY OF OTHERS SPECIAL FORM TRANSPORTATION COVERAGE—DELUXE FORM TRANSPORTATION COVERAGE—SPECIAL FORM A. The Businessowners Special Property Coverage Form is amended as follows: 1. Paragraph c.(1) under A.2. Property Not Covered is replaced by the following: c. Vehicles or self-propelled machines that are: (1) Subject to licensing requirements; or 2. In the sections titled Covered Causes of Loss or Exclusions, any introductory paragraph preceding an exclusion or list of exclusions is replaced by the following paragraph, which pertains to application of those exclusions: We will not pay for loss or damage caused by any of the excluded events described below. Loss or damage will be considered to have been caused by an excluded event if the occurrence of that event: a. Directly and solely results in loss or damage; or b. Initiates a sequence of events that results in loss or damage, regardless of the nature of any intermediate or final event in that sequence. 3. Paragraph BA.b.(5) Earth Movement Exclusion is replaced by the following: b. Earth Movement (1) Earthquake, including tremors and aftershocks and any earth sinking, rising or shifting related to such event; (2) Landslide, including any earth sinking, rising or shifting related to such event; (3) Mine subsidence, meaning subsidence of a man-made mine, whether or not mining activity has ceased; (4) Earth sinking (other than sinkhole collapse), rising or shifting including soil conditions which cause settling, cracking or other disarrangement of foundations or other parts of realty. Soil conditions include contraction, expansion, freezing, thawing, erosion, improperly compacted soil and the action of water under the ground surface. But if Earth Movement, as described in Paragraphs (1) through (4) above, results in fire or explosion, we will pay for the loss or damage caused by that fire or explosion. (5) Volcanic eruption, explosion or effusion. But if volcanic eruption, explosion or effusion results in fire, building glass breakage or volcanic action, we will pay for the loss or damage caused by that fire, building glass breakage or volcanic action. (a) Volcanic Action means direct loss or damage resulting from the eruption of a volcano when loss or damage is caused by: (1) Volcanic blast or airborne shock waves; or (ii) Ash, dust or particulate matter. SB147059C (Ed. 09/14) Page 1 of 10 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission SB147059C (Ed. 09/14) a. Written notice by mail, fax or e-mail; b. Surrender of the policy or binder; or c. Verbal notice. Upon receipt of such notice, we will cancel this policy or any binder issued as evidence of coverage, effective on the later of the following: a. The date on which notice is received or the policy or binder is surrendered; or b. The date of cancellation requested by the first Named Insured. 2• We may cancel this policy by mailing or delivering to the first Named Insured and the first Named Insured's agent or broker written notice of cancellation at least: a. 5 days before the effective date of cancellation for any structure where 2 or more of the following conditions exist: (1) Without reasonable explanation, the structure is unoccupied for more than 60 consecutive days, or at least 65%of the rental units are unoccupied for more than 120 consecutive days unless the structure is maintained for seasonal occupancy or is under construction or repair; (2) Without reasonable explanation, progress toward completion of permanent repairs to the structure has not occurred within 60 days after receipt of funds following satisfactory adjustment or adjudication of loss resulting from a fire; (3) Because of its physical condition, the structure is in danger of collapse; (4) Because of its physical condition, a vacation or demolition order has been issued for the structure, or it has been declared unsafe in accordance with applicable law; (5) Fixed and salvageable items have been removed from the structure, indicating an intent to vacate the structure; (6) Without reasonable explanation, heat, water, sewer, and electricity are not furnished for the structure for 60 consecutive days; or (7) The structure is not maintained in substantial compliance with fire, safety and building codes. b. 10 days before the effective date of cancellation if we cancel for nonpayment of premium. c. 45 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice stating the actual reason for cancellation to the first Named Insured and the first Named Insured's agent or broker at their last mailing addresses known to us. 4. We will also mail or deliver to any mortgageholder, pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, at their last mailing address known to us, written notice of cancellation prior to the effective date of cancellation. If cancellation is for reasons other than those contained in Paragraph A.2.a. above, this notice will be the same as that mailed or delivered to the first Named Insured. If cancellation is for a reason contained in Paragraph A.2.a. above, we will mail or deliver this notice at least 20 days prior to the effective date of cancellation. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund will be at least 90% of the pro rata refund. The cancellation will be effective even if we have not made or offered a refund. 7. If notice is mailed, proof of mailing will be sufficient proof of notice. 2. Paragraph E. Inspections And Surveys is replaced by the following: E. Inspection And Surveys 1. We have the right to: a. Make inspections and surveys at any time; S6147059C (Ed. 09/14) Page 7 of 10 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office,Inc.,with its permission