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HomeMy WebLinkAboutCAG2020-103 - Original - GeoEngineers, Inc. - Midway Creek Bridge Abutment - 03/26/2020Agreement Routing Form KENT For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper)WaSHTNGToN f oLcc Originator: Nancy Yoshitake for Mark Madfai Department: Public Works Date Sent: 3t26t20 Date Required 3t30t20 Authorized to Sign: E Director or Designee E Mayor Date of Council Approval N/A Budget Account Number: Budget? EYes ENo Grant? EYes E No Type tro IHo ELorF E iPtro Eogt-trl Vendor Name: GeoEngineers, lnc. Category: Contract Vendor Number: 33039 Sub-Category: Project trtame: Midway Creek Bridge Abutment Restoration Project Details:Provide visual geotechnical evaluation for the project Agreement Amount: $9,906 Start Date: 3126120 Basis for Selection of Contractor: Termination Date: 12131120 Local Business? EYes El No* *lf meets requirements per KCC3.70.100, please complete "Vendor Purchase-Local Exceptions" form on Aryspace. Notice required prior to disclosure? EYes E No Contract Number: cvYa70-t0a oltr {:,f\ro =E5\i-v I,l-t s,o=c,8 Gctrl th Date Received by City Attorney:Comments: Date Routed to the Mayor's Office: Date Routed to the City Clerk's Office: adc(W22l7l I 20 Visit Documents.KentwA.gov to obtain copies of all agreements KENT WASHTNGToN CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383- 4940, Contact: Lyle Stone (hereinafter the "Consultant"). I.DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide a visual geotechnical evaluation for the Midway Creek Bridge Abutment Restoration Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2O2O. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nine Thousand, Nine Hundred Six Dollars ($9,906), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) 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. The Consultant maintains and pays for its own place of business from which Consultant's seryices under this Agreement will be performed. 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. 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. 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 t.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.I15, 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) A B, c. D E IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, 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. Recvclable 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 Aoreement. 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. // // // t/ /t /t CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counteroarts and Signatures by Fax _oJ: Emall. 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 dellver 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. 6eo€nginee6 - Midway creeklM.dfbl CONSULTANT SERVICES AGREEMENT . 5 ($2A,000 ar Less) CONSULTANT: By Print Name (signature) : Lrilc- I'r^,u Its j (tttte) DATE CITY KENT: Print Name: Its: Tim J. LaPorte, P.E. Public Works Director March 26,2O2O DATE: NOTICES TO BE SENT TO: Lyle Stone GeoEngineers, Inc. 1101 S. Fawcett Ave., Suite 200 Tacoma, WA 98402 (2s3) 383-4940 (telephone) facsimile CONSULTANT: NOTICES TO BE SENT TO: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-s500 (telephone) CITY OF KENT: 00 mlle ATT Clerk DECLARATION crTY oF KENT EQUAL EMPLOYMENT OPPORTUNTW pOLrCy The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who pedorm 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. 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. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 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 a ree to fulfill the five requirements referenced above By: For: Title C-*zt nntil*'Q.1 tl{*-.-.*'fr Date 3 4 5 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: L.2 EFFECTIVE DATE: January 1, 1998 SUBJECT:MINORIW AND WOMEN CONTRACTORS I/ SUPERSEDES: April 1, 1996 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 COMPTETION of this project by the Contractor awarded the Agreement. I,theundersigned,adulyrepresentedagentof Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as 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 L.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By For: Title: Date: that was entered into on EEO COMPLIANCE DOCUMENTS . 3 GeoErucrN rr^yQ 1101 South Fawcett Avenue, Suite 200 Tacoma, Washington 98402 253.383,4940 EXHIBIT A SCOPE OF SERVICES CIWOF KENT NORTH FRAGER ROAD BRIDGE GEOTECHNICAL ASSESSMENT KENT, WASHINGTON MARCH L3",,2A2O FtLE NO. 0410-2L5-00 INTRODUCTION The purpose of this project is to provide a visual geotechnical evaluation of the existing foundations, abutments and embar'tkment slopes of the North Frager Road Bridge over Midway Creek. We understand that movement of the embankment slopes Eld>lettlement of soll around the existlng timber pile foundatlons and b-elow the abutments of the b{dejfas been observed. The project site is located on the Frager Road tratts6ffirof Veterans Drive in Kentt-Wasnington. Our understanding of the project is based on our conversations with City of Kent (City) Engineers and information provided, including photos of the exjsting bridge and a structural bridge inspection report prepared by Shearer Design dated February 28, 2020. As requested, we have prepared a scope and budget estlmate for performing a geotechnical evaluation of the slopes around the bridge, assessing the current risk of slope movements impacting the structure and developing alternatives to mitigate or repair the observed slope movement. Our scope of services is described in the section below. SCOPE OF SERVICES t. Review the structural bridge inspection report, original bridge design plans ancl our relevant in-house files for existing geotechnical information in the project vicinity. 2. Complete a visual reconnaissance of the site to assessthe slope surroundingthe bridge and document the observed slope conditions. 3. Provide our opinion on the current stability of the approach embankment. We will inform the City if we believe there is any concern for near term instability or rapid deterioration of the current stability. 4. Provide an alternatives analysis to evaluate posslble repalr alternat{rP, the slopes surrounding the bridge. We will develop aiternatives for both 'short-term" and "long-t6im" repairs. 5. Prepare an alternatives analysis report. The repoft will include a summary of our site reconnaissance and a discussion of the difierent repair alternatlves evalualed. BEl.:US:mce Attachment: Exhibit B Fee Estimate D lscla lmer: Any electronlc form, facsimlle or ha rd co py 0l the oriSina I doc{rnent (email, text, table, andlor figure}, if prcvided, and a ny attachments are only a copy of the orignal docuntent^ The qriginal documcnt is storod by GeoEngineers, lnc. and will serue as the officlal document 0f rccord.'"'"'"GeoEn INEERO Flle No.0410-215{0 Match 1-1",2O2O EXHIBIT B FEE ESTIMATE CITY OF KENT GEOTECHN ICAL ENGINEERI NG SERVICES North Frager Road Bridge Geotechnical Assessment KENT, WASHINGTON FtLE NO.0410-215-00 Personnel Hours X Rate Cost Associate Geotechnical Engineer (Lyle Stone) Project Engineer 2 (Brelt Larabee) Staff Engineer 2 (Various) Suppoft (Various) 8.0 30.0 !2.O 4.O X X X x $240 $190 $742 $108 $1,920 $5,700 $7,704 $432 Subtotal Personnel Cost (direct costs)$9,756 0ther Expenses Reproduction, Mileage, other Expenses $150 Subtotal (indirect costs)$15o Total Estimated Costs $9,906 Page I of I GsoENcr NEe*,tg Midway Creek Bridge Abutment Restoration/ Consultant Selection Type of Services: Geotechnical Engineering The firms listed below are members of the MRSC Rosters. Evaluate each firm's summary and website, and rate each of them using the criteria below, The firm receiving the highest total score will be selected to prepare the recommendations report for the abutment restoration for the this project. Rating based onl Category 1 - Firm qualifications (5 pts) Category 2 - Responsiveness on previous projects (5 pts max) Category 3 - Experience with steep slopes and valley soils (L0 pts max) Category 4 - Qualifications of key personnel (10 pts max) Firms Mark Madfai Susanne Smith Joe Araucto Total Score GeoEngineers Inc.28.5 29.5 29.5 87.5 HWA Geosciences Inc 26 26.5 28,5 8'l Shannon & Wilson, Inc.24 27.5 28 79.5 Mark Madfai Category 1 {5pts) Category 2 (spts) Category 3 (10pts) Category 4 {1opts)Total GeoEngineers Inc.5 5 9 9.5 28.s HWA GeoSciences Inc,5 4 B 9 26 Shannon & Wilson, Inc.4 4 I 8 24 Susanne Smith Category 1 (5pts) Category 2 {5pts) Category 3 (1opts) Category 4 {10pts)Total GeoEnqineers Inc 5 5 10 9.5 29.s HWA Geosciences Inc.5 4 8.5 9 26.5 Shannon & Wilson, inc 5 5 8.5 9 27.s .loe Araucto Category 1 (5pts) Category 2 {5pts} Category 3 (10pts) Category 4 (L0pts)Total GeoEngineers Inc.5 5 9.5 10 29.5 HWA GeoSciences Inc 5 5 9 9,5 28.5 Shannon & Wilson, Inc.5 4.5 8.5 10 28 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEM ENTS fnsurance 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 and shall cover liability arising from prem ises, operations, independent co ntractors, prod ucts-com pleted operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4, Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1 Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of 91,000,000 per accident. 2. Commercial General Liabilitv insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. c. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $3,000,000 per claim and $3,000,000 policy aggregate limit. 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 A:VIL 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. Glient#:326119 GEOENINC2 ACORD,. CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: DATE (MM'OD/YYYYI 3t25t2020 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 TNSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSUING TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSUREO, the policy(ies) must have ADDITIONAL INSURED provisions or be endorced. lf SUBROGATION lS WAIVED, subiect to the torms 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 USI lnsurance Services NW PR 601 Union Street, Suite 1000 Seattle, WA 98101 fiNilil"' Tracy Taylor Ii{}8.Nr,rEo. e,tr, 206 441-6300 610-362-8530 .com INSURERTSI AFFORDING COVERAGE NAIC f tNsuRER A ' Continental lnsurance Gompany 35289 INSURED GeoEngineerc, lnc. 17425 NE Union HillRoad, Suite 250 Redmond, WA 98052 ;N5URER B: Travelers Property Cas. Go. of America 25674 tNsURER c : Liberty lnsurance Corporation 42404 ;NSURER D: National Fire lnsurance Co. of Hartford 20478 INSURER E : INSURER F THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEENISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICYPERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITIONOF ANY CONTRACTOR OTHER DOCUMENT WTH RESPECT TO WIICH 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 SHOV\A MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE NEF ,BRvn POLICY NUMBER LIMITS A COMMERCIAL GENERAL LIABILITY .LATMS-.\,ADE fil o."r* Stop Gap WA OH ND GEN'L AGGREGATE LIMIT APPLIES PER: ,or"r l-il5$oi OTHER: LOC x x 60231 1 3030 06/30/2019 06t30t202t EACH OCCURRENCE $ 1.000.000 t F EDrrene)$500.000 MED EXP (Anv one person)s15.000 PERSONAL & ADV INJURY s 1.000.000 GENERAL AGGREGATE s2.000.000 PRODUCTS - COMP/OP AGG s2,000,000 Stop Gap/EL $1,000,000 D AUTOMOBILE LIABILITY x ANY AUTO OVVNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OVVI'IED AUTOS ONLYxx x x 6023117823 0613012019 o6t30t2024 s1.000,000 BODILY INJURY (P€r person)$ BODILY INJURY (Per arcident)$ $ I B x UMBRELLA LIAB EXCESS LIAB x OCCUR CLAIMS-MADE x x zuPgtN1582919NF t6/3012019 06t30t202c EACH OCCURRENCE s2.000.000 AGGREGATE s2.000.000 DED x nerer.rrlor,r s10000 $ c WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERYEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) lf yes, describe under DESCRIPTION OF OPERATIONS below Y'N N N'A x wc7291470641019 (AOS: Includes MEL'USL&H )613012019 06t30r202(x PERcTlit tatr IOTH-lEo E L EACH ACCIDENT s1.000.000 E.L. DISEASE - EA EIUPLOYEE s1.000.000 E.L, DISEASE - POLICY LIMIT s1.000.000 DESCRIPTION OF OPERATIONS , LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be aftached if more space is requiredl RE: GeoEngineers Project No. 0410-215-00; Project Name and Location: North Frager Road at Midway Creek, Kent, Washington. The General Liability and Automobile Liability policies include an automatic Additional lnsured endorcement that provides Additional lnsured status to the Gertificate Holder, City of Kent, Washington, only (See Attached Descriptions) SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVERED IN ACCORDANCE wlTH THE POLICY PROVISIONS. City of Kent Aftn: Tim LaPorte PE 220 Fourth Avenue South; Kent, WA 98032 q'*a' &*,- AUTHORIZED REPRESENTATIVE AGORD 25 (2016/03) 1 ol2 #s28311704tM25979478 @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are rogistered marks of ACORD SRSJV DESCRIPTIONS (Gontinued from Page 1) when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability policy includes Per Project Aggregate Limits and a Separation of lnsureds Provision, when required by written contract. The General Liability and Automobile Liability policies contain a special endorsement with "Primary and Noncontributory" wording, when required by written contract. The General Liability, Automobile Liability and Workers Compensation policies includes an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the lnsurance Garrier. The Umbrella Liability policy follows form of underlying liability SAGITTA 25.3 (2016/03) 2 ol2 #s28311704tM25979478 N@ oo o o oooN o CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the GOMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. lf 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. CNA74858XX (1-15) Policy No: 6023113030 Page 1 of 18 Endorsement No: The Continental Tnsurance co. EffectiveDate: 06/30/2019 lnsured Name: GEoENGTNEERS, rNc. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Omce, lnc., with its permission. - TABLE OF CONTENTS 1. Additionallnsureds 2. Additional lnsured - Primary And Non-Contributory To Additional lnsured's lnsurance 3. Additional lnsured - Extended Coverage 4. Boats 5. Bodily lnjury - Expanded Definition 6. Broad Knowledge of Occurrence/ Notice of Occurrence 7. Broad Named lnsured 8. Contractual Liability - Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or lntended lnjury - Exception for Reasonable Force 11. General Aggregate Limits of lnsurance - Per Location 12. ln Rem Actions 13. lncidental Health Care Malpractice Coverage I 4. Joi nt Ventures/Partnersh ip/Limited Liabi lity Gompan ies 15. Legal Liability - Damage To Premises 16. Liquor Liability 17. MedicalPayments 18. Non-owned Aircnft Coverage 19. Non-owned Watercraft 20. PersonalAnd Advertising lnjury - Discrimination or Humiliation 21. PersonalAnd Advertising lnjury - Contractual Liability 22. Propefi Damage - Elevatorc 23. Retired Partnerc, Memberc, Directors And Employees 24. Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation - Blanket 27. Wnp-Up Extension: OCIP, CCIP or Consolidated (Wnp-Up) lnsurance Programs CNA CNA PARAMOUNT Architects, Engineers and Surueyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO lS AN INSURED is amended to include as an lnsured any person or organization described in paragraphs A. through l. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (l ) is currently in effect or becomes effective during the term of this Goverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the lnsurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through l. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controllinglnterest Any person or organization with a controlling interest in a Named lnsured, but only with respect to such person or organization's liability for bodily injury, proper$ damage or perconal and advertising injury arising out of: l. such person or organization's financial control of a Named lnsured; or 2. premises such person or organization owns, maintains or controls while a Named lnsured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of lnsured Premises A co-owner of a premises co-owned by a Named lnsured and covered under this insurance but only with respect to such co-owne/s liabili$ for bodily injury, property damage or perconal and advertising injury as co-owner of such premises. C. Engineerc, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named lnsured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named lnsured's acts or omissions, or the acts or omissions of those acting on the Named lnsured's behalf: a. in connection with the Named lnsured's premises; or b. in the performance of the Named lnsured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, propefi damage or perconal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named lnsured, including but not limited to: CNA74858XX (1-15) Policy No: 6023113030 Page 2 of 18 Endorsement No: The Continental Insurance Co. Effective Date: 06/30/2019 lnsured Name: GEoENGINEERS, rNC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. @ oo o N I oooNoo I - CNA GNA 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 orengineering activities. D. Lessor of Equipment Any person or organization from whom a Named lnsured leases equipment, but only with respect to liability for bodily injury, proper$ damage or personal and advertising injury caused, in whole or in part, by the Named lnsured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, proper$ damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessorof Land Any person or organization from whom a Named lnsured leases land but only with respect to liability for bodily injury, property damage or perconal 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 perconal 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 lesso/s real estate manager, but only with respect to liability for bodily injury, property damage or perconal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named lnsured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions - Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liabilig for bodily injury, property damage or perconal and advertising injury arising out of: 1. the following hazards in connection with premises a Named lnsured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Policy No: 6023r-r-3030Page3of18 EndorsementNo: - The Cont.inenta] Insurance Co. EffectiveDate: 0613012019 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with ib permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named lnsured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, proper$ damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the lnsurer will treat as a written contract any governmental permit that requires the Named lnsured to add the governmental entity as an additional insured. Trade Show Event Lessor With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED . PRIMARY AND NON.CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other lnsurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: lf the Named lnsured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the lnsurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization 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 lS AN INSURED is amended to make the following natural persons lnsureds. lf the additional insured is: a. An individual, then his or her spouse is an lnsured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are lnsureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX (1-15) Policy No: 502311-3030 Page 4 of 18 Endorsement No: The Continental rnsurance co. Effective Date: 06/30/2019 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with ib permission. L oo o No@o oooN o CNA CNA PARAMOUNT Architects, Engineers and Suweyors 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 lnsureds. 4. BOATS Under COVERAGES, Coverage A - Bodily lnjury 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 lnsured that is less than 30 feet long while being used in the course of the Named lnsured'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, Glaim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named lnsured must give the lnsurer or the lnsurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named lnsured, to a partner, executive officer, manager or member of a Named lnsured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named lnsured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the lnsurer notice of an occurrence, offense or claim and that failure is solely due to the Named lnsured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the lnsurer as soon as the Named lnsured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO lS 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 lnsured 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: Page 5 of 18 Endorsement No: The Continental Insurance Co. Effective Date: lnsured Name: GEoENGTNEERS, rNc. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. _5 02311_3 03 0 06/30/2019 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 majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualiflT as Named lnsureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or propefi damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. perconal 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 lnsured should choose to employ. 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 Gontract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named lnsured or temporarily occupied by a Named lnsured you with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnifu a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named lnsured's business (including an indemnification of a municipality in connection with work performed for a municipali$) under which the Named lnsured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: 8. CNA74858XX (1-15) Policy No: Page 6 of 18 Endorsement No: The Continental Insurance co. EffectiveDate: INSUTCd NAME: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with ib permission. 602311_3030 06/30/2019 - CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement (l) 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 r/r Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the lnsured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's 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 lnsured 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 properly, jointly held property or property transferred from such natural person lnsured 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 lnsured, and the spouses of members or partners of joint venture or partnership Named Insureds are lnsureds with respect to such spouses' acts, errors or omissions in the conduct of the Named lnsured's business. 10. EXPECTED OR INTENDED INJURY- EXCEPTION FOR REASONABLE FORCE Under GOVERAGES, Coverage A - Bodily lnjury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or lntended lnjury and replace it with the following: This insurance does not apply to: Expected or lntended Injury Bodily injury or propefi damage expected or intended from the standpoint of the lnsured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE . PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the lnsurer will pay for the sum of: 1. All damages under Goverage A, except damages because of bodily injury or propefi damage included in the products-completed opentions 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. AII: 1. Damages under Goverage B, regardless of the number of locations involved; CNA74858XX (1-15) Page 7 of 18 The Continental Insurance Co. lnsured Name: GEoENGTNEERS, rNc. Copyright CNA All Rights Reserved. Policy No: Endorsement No: Effective Date: 6 02311_3 03 0 06t30t2019 lncludes copyrighted material of lnsurance Services Office, lnc., with ib 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 proper$ damage included in the prod ucts-complctcd opcrationc hazard ; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means: 1. a premises the Named lnsured owns or rents; or 2. a premises not owned or rented by any Named lnsured at which the Named lnsured is performing operations pursuant to a contract or written agreement. lf operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way 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 GeneralAggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. \Men 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 lnsured, 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. I3. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A - Bodily lnjury And Property Damage Liability, the lnsuring Agreement is amended to replace Paragraphs f .b.(l) 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 lnsured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and CNA74858XX (1-15) Policy No: 50231-l-3030 Page 8 of 18 Endorsement No: The Continental Insurance co. EffectiveDate: 06/30/2019 lnsured Name: GEOENGTNEERS, INc. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with ib permission. oo o NoI oooNoo I CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A - Bodily lnjury 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 lnsured (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: Gontractual Liability the lnsured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. to add the following additional exclusions: This insurance does not 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. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named lnsured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named lnsured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care seryices 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: Page 9 of 18 Endorsement No: The Continental Insurance Co. Effective Date: INsured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. 5023113030 o6t30t2019 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergencymedicaltechnician; e. Paramedic; f. Dentist; g. Physicaltherapist; 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 trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of lnsured to: a. add the following: the Named lnsured's employees are Insureds with respect to: (l) bodily injury to a co-employee while in the course of the co-employee's employment by the Named lnsured or while performing duties related to the conduct of the Named lnsured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named lnsured's business; when such bodily injury arises out of a health care incident. the Named lnsured's volunteer workers are Insureds with respect to: (1) bodi[ injury to a co-volunteer worker while performing duties related to the conduct of the Named lnsured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named lnsured or while performing duties related to the conduct of the Named lnsured'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 lS AN INSURED. D. The Other lnsurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other lnsurance CNA74858XX (1-15) Policy No: 6023113030 Page 10 of 18 Endorsement No: The continenta] rnsurance Co. EffectiveDate: 06/30/2019 lnsured Name: GEOENGTNEERS, rNC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, Inc., with ib permission. I CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess lnsurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named lnsured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO lS AN INSURED: lf 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 lnsured 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 perconal and advertising iniury occurred prior to such termination date, and the perconal 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. lf the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or perconal and advertising injury that would otherwise be covered under the Architects, Engineerc 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 ln Gurrent Professional Joint Ventures The following is added to WHO lS AN INSURED: The Named lnsured is also an lnsured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of the Named lnsured's co-venturers are architectural, engineering or surveying firms only; and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture. However, the Named lnsured is an lnsured only for the conduct of such Named lnsured's business within such a joint venture. The Named lnsured is not insured for liability arising out of the acts or omissions of other co- venturers, nor of their partners, members or employees. C. WHO lS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And Surueyorc General Liability Extension Endorcement or by the attachment of another endorsement (if any), no person or organization is an lnsured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named lnsured in the Declarations. CNA74858XX (1-15) Policy No: Page 11 of 18 Endorsement No: The Continental Insurance co. EffectiveDate: lnsured Name: GEoENGINEERS, rNC. Copyright CNA All Rights Resorved. lncludes copyrighted material of lnsurance Services Office, lnc., with ib permission. 5023 LL3 03 0 06/30/2019 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERW IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A - Bodily lnjury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Propefi in its entirety and replace it with the following: This insurance does not apply to: j. Damage to Propefi Property damage to: (1) Property the Named lnsured owns, rents, or occupies, including any costs or expenses incurred by you, 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 lnsured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named lnsured; (4) Personal property in the care, custody or control of the lnsured; (5) That particular part of real property on which the Named lnsured or any contractors or subcontractors working directly or indirectly on the Named lnsured'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 (f ), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named lnsured or temporarily occupied by the Named lnsured with the permission of the owner, nor to the contents of premises rented to the Named lnsured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named lnsured borrows from others, nor ii. other personal property of others in the Named lnsured's care, custody or control while being used in the Named lnsured's operations away from any Named lnsured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an lnsured; CNA74858XX (1-15) Policy No: 60231-l-3030 Page 12 of 18 Endorsement No: The Continental Insurance Co. Effective Date: 06/30/2019 INSurEd NaME: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. @ oo o NoI ooo oo I CT{A 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 propefi damage for which the lnsured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of itsexclusions. I A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under GOVERAGES, Coverage A - Bodily lnjury and Properg Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named lnsured with permission of the owner, nor to damage to the contents of premises rented to a Named lnsured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the lnsurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all propefi damage to borrowed tools or equipment, and to other personal property of others in the Named lnsured's care, custody or control, while being used in the Named lnsured's operations away from any Named Insured's premises. The lnsurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The lnsurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. lf the lnsurer exercises that right, the Named lnsured will promptly reimburse the lnsurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSUMNGE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the lnsurer 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 lnsurcd with the permission of the owner, including contents of such premises rented to the Named lnsured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other lnsurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named lnsured, for premises temporarily occupied by the Named lnsurcd with the permission of the owner; or for personal property of others in the Named lnsured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A - Bodily lnjury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LlABll-lTY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Goverage Part. CNA74858XX (1-15) Page 13 of 18 The Continental Insurance Co. lnsured Name: GEoENGTNEERS, rNc. Copyright CNA All Rights Reserved. Policy No: 5023113030 Endorsement No: Effective Date: 06/30/2019 lncludes copyrighted material of lnsurance Services Office, lnc., with ib permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement I7. MEDICAL PAYMENTS A. LIMITS OF INSURANGE 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 lnsurer 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 Declarations for Medical Expense Limit. B. Under GOVERAGES, the lnsuring Agreement of Coverage C - Medical Payments is amended to replace Paragraph f .a.(3)(b) with the following: (b) The expenses are incurred and reported to the lnsurer within three years of the date of the accident; and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A - Bodily lnjury and Propefi Damage Liability, the paragraph entitled Exclusions is amended as follows: 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 lnsured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named lnsured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON.OWNED WATERCRAFT Under COVERAGES, Goverage A - Bodily lnjury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named lnsured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY-DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of perconal 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 GOVERAGES, Coverage B - Perconal and Advertising lniury 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: Page 14 of 18 Endorsement No: The Continental Insurance co. Effective Date: Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsuran@ Services ffice, lnc., with ib permission. 6 023 113 03 0 06/30/2019 @ oo o NoI oooNoo - CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Perconal and advertising injury caused by or at the direction of the lnsured 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 humiliafion is not done intentionally by or at the direction of: (a) the Named lnsured;or (b) any executive officer, director, stockholder, partner, member or manager (if the Named lnsured is a limited liabili$ company) of the Named lnsured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any lnsured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any lnsured. 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 lnsured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Goverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under GOVERAGES, Goverage B -Perconal and Advertising lnjury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - 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 lnsurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the lnsured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2xb) is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the lnsurer in the defense of that indemnitee, necessary litigation expenses incurred by the lnsurer, and necessary litigation expenses incurred CNA74858XX (1-15) Policy No: Go231t 3o3o Page 15 of 18 Endorsement No: The Continental Insurance Co. EffectiveDate: 06/30/2019 INSUTCd NAME: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with ib permission. CTTA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the lnsurer's request will be paid as defense costs. Such payments will not be deemed to be damages for perconal 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 -Perconal and Advertising lnjury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERW DAMAGE _ ELEVATORS A. Under COVERAGES, Coverage A - Bodily lnjury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to proper$ damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE - ELEVATORS Provision, the Other lnsurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORSAND EMPLOYEES WHO lS INSURED is amended to include as lnsureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, proper$ damage or personal and advertising injury that results from services performed for the Named lnsured under the Named lnsured's direct supervision. All limitations that apply to employees and volunteer workerc also apply to anyone qualifying as an lnsured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as 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.|imit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS lf the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named lnsured's Goverage Part, the lnsurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The lnsurer waives any right of recovery the lnsurer may have against any person or organization because of payments the lnsurer makes for injury or damage arising out of: 1. the Named lnsured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named lnsured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX (1-15) Policy No: Page 16 of 18 Endorsement No: The Continental Insurance Co. Effective Date: lnsured Name: GEoENGTNEERS, rNC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services ffice, lnc., with its permission. 5 02311_3 03 0 06/30/2019 I CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement f . 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: OGIP, 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. lf the endorsement EXGLUSION - CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled lnsurance Programs (O.C.l.P.) or Contractor Controlled lnsurance Programs (C.C.l.P.) is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named lnsured become legally obligated to pay as damages because of: 1. Bodily injury, propefi damage, or personal or advertising injury that occurs during the Named lnsured's ongoing operations at the project, or during such operations of anyone acting on the Named lnsured's behalf; nor 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other lnsurance is amended to add the following subparagraph a.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 lnsured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named lnsured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Gonsolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled lnsurance Program (O.C.l.P.) or Contractor Controlled lnsurance Program (C.C.l.P.). Residential structurc 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 simihr 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: Page 17 of 18 Endorsement No: The Continental Insurance Co. Effective Date: Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with ib permission. 6023113030 06/30/2019 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 Goverage Part. All other terms and conditions of the Policy remain unchanged This endorsement, which forms a part of and is for attachment to the Policy issued by the designated lnsurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74858XX (1-15) Policy No: Page 18 of 18 Endorsement No: The Continental Insurance co. Effective Date: INSuTEd NAME: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. 5 023 113 03 0 06/30/201 9 o oo o oI oooN o !! !mrm0231 13030 CNA CNA PARAMOUNT Commercial General Liability Coverage Part lf any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Goverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the Firct Named lnsured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. lf the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the First Named lnsurcd. c. The First Named lnsured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of lnsurance, and any rights or duties specifically assigned in this Goverage Part to the Firct Named lnsured, this insurance applies: a. As if each Named Insured were the only Named lnsured; and b. Separately to each lnsured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Otherc To Us lf the lnsured has rights to recover all or part of any payment we have made under this Goverage Part, those rights are transferred to us. The lnsured must do nothing after loss to impair them. At our request, the lnsured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew lf we decide not to renew this Goverage Part, we will mail or deliver to the First Named lnsured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. lf notice is mailed, proof of mailing will be sufiicient proof of notice. SECTION V- DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the lnternet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment;or CG0001 04-13 Page 15 of20 - Copyright lnsurance Services Office, lnc., 2012 CNA cNA68021XX (Ed. 02/13) Page 1 of 1 CNA68O21XX (Ed.02113) NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: lf you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of lnsurance, and if we cancel a policy term described on that Certificate of lnsurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. lf notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notiff such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. o N F o ENoooN o -I - Copyright, CNA All Rights Reserved. tr! !mtm02311!m3 CNA CNA PARAMOUNT Earlier Notice of Gancellation Provided bv the lnsurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVEMGE PART PRO D U CTS/COM PLETED OP ERATI ONS LIABI LITY COVERAG E PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART STOP GAP LIABILIry COVEMGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY - NEWYORK DEPARTMENT OF TMNSPORTATION SCHEDULE Number of Days' Notice: ogo lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph A. of either the CANCELLATION/NONRENEWAL section of the COMMMON TERMS AND CONDITIONS or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. 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 lnsurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. I cNA746s8XX (1-15) Page 1 of 1 The Continental Insurance Co. Insured Name: GEOENGINEERS, INC. Copyright CNA All Rightrs Reserved. Policy No: Endorsement No: Effective Date: 6023r_13030 39 03 /37 / 20]-8 lncludes copyrighled material of lnsurance Services ffice, lnc., with ib permission CNA CNA71527XX (Ed.10t12) 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 Percons Or Organizations ANY PERSON OR ORGANIZATION, BUT ONLY ]F YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO MAKE THAT PERSON OR ORGANIZATION AN ADDITIONAL ]NSURED UNDER THIS POLICY. 1. ln conformance with paragraph A.1.c. of Who ls An lnsured of Section ll - 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 I - I cNA71527XX (10t12) Page 1 of 1 Policy No: 602311Ut23 Endorsement No: Effective Date: 06/30/2019 lnsured Name: GEOENGTNEERS, rNC Copyright CNA All Rights Reserved POLICY NI'MBER c 6023LL7823 POLTCY CEAN@Sffi Chalrman ot thc Boed INSI'RED IIAI{E AIID ADDRESS GEOENGINEERS, INC. 8410 154TH AVE NE REDMOND, WA 98052-3800 'lltrir Change Endorcesnt changer the Policy. Please read it carefully.Ihit Orange Endorsent is a part of your Policy and tekec effect on theeffective date of your Pol.icy, unlesr another effectirre dlte ic chorn. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED BLANKET ANY PERSON OR ORGANIZATION THAT IHE NAMED INSURED IS OBLIGATED TO PROVIDE INSURANCE V|IHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED, BUT ONLY WITH RESPECT TO LEGAI RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON OR ORGANIZATION FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY. -- - etr{ G-s601s-B (ED. Lr/gr',' Socrst ry g o o o N I I CNA CNA PARAMOUNT General Aggregate Limit - Per Project Endorsement This endorsement modilies insurance provided under the following: COMMERCIAL GENERAL LIABILIry COVERAGE PART It is understood and agreed as follows: l. For each single construction or service project away from premises the Named lnsured owns or rents, a separate Project GeneralAggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: A. all damages under Coverage A, except damages because ol bodily injury or property damage included in the products-completed operations hazard; and B. all medical expenses under Coverage C; that arise from occurrences or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project. il. Ail: A. damages under Goverage B, regardless of the number ol locations or proiects involved; B. damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single project, except damages because of bodily injury or property damage included in the products- completed operations hazard; and C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project, will reduce the General Aggregate Limit shown in the Declarations. lll, The limits shown in lhe Declarations for Each Occurrence, for Damage To Premises Rented To You and lor Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular project. lV. When coverage lor liability arising out of the products-completed operatlons hazard is provided, any payments for damages because of bodlly inlury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless ol the number of projects involved. V. ll a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project. Vl. The provisions of LIMITS OF INSURANGE not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions ol the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated lnsurers, takes effect on the etfective date of said Policy at lhe hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75061XX (1-15) Policy No: 6023113030 Page 1 of 1 Endorsement No: The Continental Insurance Co. EffectiveDate: 06/30/2019 lnsured Name: GEoENGTNEERS, rNc. Copfhht CNA All RighE Rosawed. lncludes copyrighted material of lnsuranca SeMces Otfice, lnc., wih its p€rmbsion. NOTICE OF CANCELLATION TO THIRD PARTIES A. lf we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. ln no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Name of Other Person(s) / Organization(s): Schedule on file with Company lssued by Liberty lnsurance Corporation 21814 For attachment to Policy No. WC7-291-470641-019 lssued to GeoEngineers lnc wc 99 20 75 Ed.12t01t2016 All other terms and conditions of this policy remain unchanged SCHEDULE EmailAddress or mailing address Schedule on file with Company Effective Date Number Days Notice: 30 O 2016 Liberty Mutual lnsurance Premium $ Page 1 of 1 POLICY NUMBER: zUP-91N15829-19-NF THIS ENDOBSEMENT CHANGES THE POLICY This endorsement modifies insurance provided under the following: EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE UMBRELLA ISSUE DATE: 07 /15/19 PLEASE BEAD IT CABEFUIIY. SCHEDULE OF UNDERLYING INSURANCE Commercial General Liability Carrier: VALLEy FgRGE INSURANCE CgltpANy Limits 0f tiability General Aggregate $z , ooo, ooo $1,ooo,ooo't $L,ooo,ooor. Policy Number: Policy Number: Policy Number: Policy Period From: 07 /Ot/ZOLq tot 07 /oL/2020 Automobile tiability Carrier: NATIONAL FIRE INSURANCE OF HARTFORD AS PER SCHEDULE ON FILE WITH THE COMPANY AS PER SCHEDULE ON FILE WITH THE COMPANY AS PER SCHEDULE ON FILE WITH THE COI{PANY Products-Completed Operations Aggregate $2 , ooo, ooo Personal and Advertising lnjury $1 , ooo, ooo Each Occurrence $1,ooo,ooo limits 0f Liability Bodily lnjury And Property Damage Combined Single Limit $1 ,000,000 Bodily lnjury EachPerson $ Bodily lnjury Each Accident Property Damage Each Accident limits 0f tiability Bodily lnjury By Accident Each Acc ident $ 1 , 000, 000r. Bodily lnjury By Disease Policy Period From: 07 /0t/20t9 to: Ot /Ot/2020 Employers Liability Carrier VALLEy FORGE INSURANCE Cgl,IpANy $ $ Policy Period From: 07 /0L/20t9 to: 07 /0t/2020 Policy Limit Each Employee 'KUNLI}IITED IN THE STATE OF NEW YORK FOR SUBJECT EI{PLOYEES PRODUCER: USI KIBBLE & PRENTICE OFFICE: SEATTLE, EU 00 03 08 18 o 20 18 The Travelers lndemnity Company. All rights reserved. WA Page 1of 1 UMBRELLA POLICY NUMBER: zup-91N15829-19-NF ISSUE DATE: 07/t5/L9 TI{IS ETIIDOBSEMENT CHAilGES THE POLICY. PTEASE BEAD IT CABEFUILY. SCHEDULE OF UNDERLYING INSURANCE CONTINUED This endorsement modifies insurance provided under the following: EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE Type 0f Goverage: EMpLoyEE BENEFTTS LrABrLrry Carrier: vALLEy FORGE INSURANCE COMpANy Iimits 0f tiability $1,000,000 EACH cLArH $2,000,000 AccREcATE Policy Number: AS PER SCHEDULE ON FILE WITH THE COMPANY Policy Period From: 07 /0L/20t9 toi 07 /0L/2020 Type 0f Coverage: Carrier: limits 0f tiability Policy Number: Policy Period From: to: Type 0f Goverage: Carrier Limits 0f tiability Policy Number: Policy Period From: to: PRODUCER: USI KIBBLE & PRENTICE OFFICE: SEATTLE, WA EU 00 04 07 16 o 2016 The Travelers lndemnity Company. All rights reserved. Page 1of 1 Terra lnsurance Company (A Risk Retention Grou p) Two Fifer Avenue, Suite IOO Corte Madera, CA 94925 DATE 03123120 TERRA INSURANCE COMPANY CERTIFICATE OF INSURANCE CERTIFICATE HOLDER City of Kent Attn: Timothy LaPorte, PE 220 Fourth Avenue South Kent, Washington 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 or extend the coverage afforded by this policy, The policy of insurance listed below has been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER 220019 EFFECTIVE DATE 0t/0|20 EXPIRATION DATE t2t3|20 LIMITS OF LIABILITY $3,000,000 $3,000,000 EACH CLAIM ANNUAL AGGREGATE PROJECT DESCRIPTION North Frager Road at Midway Creek, City of Kent, GeoEngineers NO. 0410-215-00 CANCELLATION: lf 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. lf 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 (A Risk Retention Group) GeoEngineers, Inc. 1l0l S. Fawcett Avenue, Suite 200 Tacoma, WA 98402 President GEOENGINEERS INC Page I of2 sir lf,ortv stlt{GtoN Department of Labor & lndustries Certificate of Workers' Compensation Coverage March 25,2020 WA UBI No. L&lAccount lD Legal Business Name Doing Business As Workers' Comp Premium Status: Estimated Workers Reported (See Description Below) Account Representative Licensed Contractor? License No. License Expiration 600 375 010 429,351-00 GEOENGINEERS INC GEOENGINEERS INC Account is current. Quarter 4 of Year 2019 "Greater than 100 Workers" Employer Services Help Line, (360) 902-4817 Yes GEOENI*11OJE 05t09t2021 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. lndustrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. lndustrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of https://secure.lni.wa.gov/verify/Details/liabilityCertificate.aspx?UBI:600375010&LIC:G... 312512020 GEOENGTNEERS INC Page2 of 2 subrogation (See RCW 5l .12.050 and 5r.r 6.r 90). https://secure.lni.wa.gov/verify/Details/liabilityCertificate.aspx?UBI=600375010&LIC:G... 312512020