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Home My WebLink AboutCAG2020-110 - Amendment - #1 - GeoEngineers, Inc. - Signature Pointe Levee 30% Design Services - 12/03/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form 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) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: Signature Pointe Levee ORIGINAL AGREEMENT DATE: April 7, 2020 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1. Section I of the Agreement, entitled “Description of Work,” is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: No change to the scope of work, however an amendment is needed to extend the time of completion to December 31, 2021 due to the project will not be completed by the time of contract completion. 2. The contract amount and time for performance provisions of Section II “Time of Completion,” and Section III, “Compensation,” are modified as follows: Original Contract Sum, including applicable WSST $515,923 Net Change by Previous Amendments including applicable WSST $0 Current Contract Amount including all previous amendments $515,923 Current Amendment Sum $0 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $515,923 Original Time for Completion (insert date) t2t3u20 Revised Time for Completion under prior Amendments (insert date) nla Add'l Days Required (+) for this Amendment 365 calendar days Revised Time for Completion (insert date) 12t3u2t The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. coNSULTANT/VENDOR: By Print Name:Lyle (signature) J. Stone, PE Its Associate (tiile) DATE: November 3O- 2O2O CITY OF KENT: By: Print Name: Carla Malonev, P.E. Its Desion Enoine erinq Manaqer DATE: (titte) t21312020 ATTEST: {*l{*ffi Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department GeoEnginee6 - Signaturc Pointe 3 Amd 1/Leyrer AMENDMENT-2OF2 Glient#:326119 GEOEN|NC2ACORD,. CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA TION ONLY AND CONFERS NO RIGHTS UPON THE CE RTIFICATE HOLDER. THIS-lRTrFtcATE :Low. THrs DOES NOT AFFIRMATIVELY OR NEGATIVEL Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESCERTIFICATE OF INSURANCE DOES NOT C ONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUR ER(S), AUTHORTZED.;PRESENTATIVE OR PRODUCER, AND THE CERTIFICA TE HOLDER. COVERAGES CERTIFICATE NUMBER REVISION NUMBER: DATE (MM/DDTYYYY) 6t28t2020 PRODUCER USI lnsurance Services NW PR 601 Union Street, Suite 1000 Seattle, WA 98101 61 0-362-8s30 usl.com AFFOROING COVERAGE NAIC # ¡¡ggpsp ¡ . Valley lnsurance Company 20508 GATION tf certificatethe ants DITIAD tNsONAL the must ADDITIOpolicy(ies)NAL beorprovrstonsstfBUROrssuthetoatermsWAIVED,conditionsnd theofbject certain upolicy,policies re enan orsed Ament.may feq ntstateme ontsthcatecertifinotdoesconfertocertificatethehoIderlieunofuch Please See Below: 206 441-6300 Seattle tNsURER B . Continental lnsurance Company 35289 Company¡N5URER c . Transportat¡on lnsurance 20494 American Casualty Company ofINSURER D Reading PA 20427 tNsuRER E . National Fire lnsurance Co. of Hartford 20478 GeoEngineers, lnc. 17425 NE Union Hill Road, Suite 250 Redmond, WA 98052 INSURED INSURER F ; A LIABILITY X ACORD 25 (20r6/03) #s29172520tM29 ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUÏOS ONLY H City of Kent 220 Fourth Avenue South Kent, WA 98032-0000 N 1 ol2 139514 o 1988-201 The AGORD name and logo are reg¡stered marks of ACORD 5 ACORD CORPORATTON. Ail rights reserved. ISTHIS CERTITO FY THAT POLITHE EScr INSUOF LISTEDRANCE HAVEBELOW BEEN ISSU TOED INSTHE REOU EDNAIV FORABOVE THE POL PERIODtcYDINTED.tcA ANDINOTWITHST GN ANY TERM ORREOUIREMENT CONDITION ANYUF ORCONTRACT DOCUMENTOTHER WITH RESPECT WHTO THIStcHTECERTIFICABEMAYISSUEDORPERTMAYTHENSUAIN,AFFORDEDRANCE THEBY CIPOLI DESCRIES HEBED REIN IS TOSUBJECT THEALL TERMSANDEXCLUSIONSOFCONDITIONSPOLISUCHLIMCIES.SHOWNITS HAVEMAY REDUCEDBEEN PAIDBY CLAIMS. TYPE OF INSURANCE LIMITS EACH OCCURRENCE $1 X IVlED EXP one 1 PERSONAL & ADV INJURY $l 000 GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG 0 x COMMERCIAL GENERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: ;ï:ï t¡ rå"' Stoo Ga p WA.OH CLAI¡¿1S-MADE OCCUR LOC X x 60231 1 3030 $1 00 1 000 BODILY INJURY (Per person)$ BODILY INJURY (Per acc¡dent)$ X x $ X X 8U460231 1 7823 012020 $ EACH OCCURRENCE UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-¡,4ADE AGGREGA B 1 0000 x X cuE6081 095697 (Follow Form) 020 06130t2021 OTH- EACH ACCIDENT $1 000 E.L. DISEASE - EA E 1 c D WORKERS COMPENSATION OF N/A X X wc6081095683 CA lncl.MEL/USL&H wc6081095666 AO .MEL/USL&H 6t30t2020 LlvltTE.L,0 (See Attached Descriptions) OFDESCRIPTION OPERATIONS LOCATIONS VEHICLES Add¡tlonal101(ACORD Remarks beSchedule,may ifattached morê tsspace requlred)**P lease thatnote lim its aboveshown n reotmay the ilfu tm ofitspresent covera edcarn the amN edgeby arebut shnsured,own evidenas ce that ls wíthcarried tm atitscoverage asleast hi as s redutghreq byntract,GO SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLEO BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS, qe*a' &^.,- AUTHORIZEO REPRESENTATIVE MYPZP DESCRIPTIONS (Gontinued from Page 1) 0410-175-08 - Signature Point Franchise Agreement, Kent, Washington. Gity of Kent is Additional lnsured, coverage is primary and non-contributory and waiver of subrogation applies as respects General Liability and Automobile liability if required by written contract per attached endorsement(s). Umbrella Liability follows form, SAGITTA 25,3 (2016/03) 2 ol2 #s29',17 2520 I M29 1 395 1 4 POI,ICY NTJMBERc 6023L1"1823 POLICY CITA}IGESffip Chalrman of the Board INSURED NAITIE AùID ÀDDRESS GEOENGINEERS, INC. 8410 154TH AVE NE REDMOND, lVA 98052-3800 This Change Endorsement changes the Policy. Pleage read it carefully.This Change Endorsement is a part of your Po1icy and takes effect on theeffective date of your Policy, unless another effective date is shown. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ TT CAREFULLY DESIGNATED ]NSURED BLANKET ANY PERSON OR ORGANTZATION THAT THE NAMED TNSURED TS OBL]GATED TO PROVIDE TNSURANCE WHERE REQUTRED BY A WRTTTEN CONTRÄCT OR AGREEMENTIS AN INSURED' BUT ONLY WTTH RESPECT TO LEGAL RESPONSTBILITY FOR ACTS OR OMISSIONS OF A PERSON OR ORGANIZATION FOR I/IHOM L]ABILTTY COVERAGE TS AFFORDED UNDER THIS POLICY. - - t= Er^.--É APd- G-56015-B (ED. LL/9L) S€cretery CNA CNA68O21XX (Ed.02113) - - - NOTICE OF CANCELLAT¡ON 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 Certifìcate 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 notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. cNA68021XX (Ed. 02113) Page 1 of 1 Copyright, CNA All Rights Reserved. POLICY: 6023117823 POLICY NUMBER: 60231 17823 COMMERCIAL AUTO cA04rt410f3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM with respect to coverage provided by this endorsement, the provisions of the cove rage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named lnsured: cEoENGTNEERS, rNc Endorsement Effective Date: 06/30/201 9 SCHEDULE N N ts o o I@ The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. I - :r Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WH]CH YOU ARE REOUTRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN TH]S WAÏVER FROM US. YOU MUST AGREE TO THAT REQU]REMENT PRIOR TO LOSS. lnformation this Schedu willbe shown in Declarations.com if not cA 04 44 10 13 Copyright, lnsurance Services Office, lnc., 2011 Page 1 of 1 CNA CNA71527XX (Ed.10/12) 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 lnsured Persons Or Organizations ANY PERSON OR ORGANTZATION, BUT ONLY TF YOU ARE REQU]RED BY IVRITTEN CONTR.ACT OR WRITTEN AGREEMENT TO MAKE T}IAT PERSON OR ORGANIZAT]ON AN ADDITIONAL INSURED UNDER THIS POLICY. 1. ln conformance with paragraph 4.1.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 N N oo o - - cNA71527XX (10t12) Page 1 of 1 Policy No: 6023117823 Endorsement No: Effective Date: 0613012019 Insured Name: GEOENGTNEERS, TNC Copyright CNA All Rights Reserved. ) CTÚA CNA PARAMOUNT Earlier Notice of Cancellation Provided by the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTSiCOM PLETED OPERATION S LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY _ NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of Days' Notice: o: o 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 oNñI o N @ N I l: This endors em ent wh ich forms pa rt of and S for attach ment to th Po tcy issued by the designated ln surers takes effect on the effe ctive date of said Pol cy at th e ho U r stated tn said Po cy unless a nother effective date ts shown be low a n d expires concu with said Policy cNA74658XX (1-15) Page I of 1 The Continental Insurance Co INsuTed Name: GEOENGTNEERS, INc Policy No Endorsement No Effective Date 6 023 t_13 03 0 39 03/3t/20L8 Copyright CNA All Rights Reserved. lncludes copyr¡ghted material of lnsurance Services Office, lnc., w¡th its permission oo s! oq o oo - POLICY: 6023113030 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 Coverage 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 First 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 lnsured. 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 lnsureds Except with respect to the Limits of lnsurance, and any rights or duties specifically assigned in this Coverage Part to the First Named lnsured, this insurance applies: a. As if each Named lnsured were the only Named lnsured; and b. Separately to each Insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us lf the lnsured has rights to recover all or part of any payment we have made under this Coverage 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 Coverage 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 sufficient 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 of 20 Copyright lnsurance Services Office, lnc., 2012 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LtABlLlTy 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. N I c! a e I - TABLE OF CONTENTS 1. Additionallnsureds 2. Additional lnsured - Primary And Non-Gontributory To Additional Insured's lnsurance 3. Additional lnsured - Extended Goverage 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 Goverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability - Damage To Premises 16. Liquor Liability 17. MedicalPayments 18. Non-owned Aircraft Goverage 19. Non-owned Watercraft 20. Personal And Advertising lnjury - Discrimination or Humiliation 21. Personal And Advertising lnjury - Contractual Liability 22. Property Damage - Elevators 23. Retired Partners, Members, Directors And Employees 24. Supplementary Payments 25. Unintentíonal Failure To Disclose Hazards 26. Waiver of Subrogation - Blanket 27. Wrap-Up Extension: OCIP, CClp or Consolidated (Wrap-Up ) Insurance Programs cNA7485BXX ('1-15) Page 1 of '18 The Continental_ Insurance Co. InsuTed Name: GEOENGINEERS, INC. Copyr¡ght CNA Ail Rights Reserved. Policy No: Endorsement No: Effective Date: 6023113030 06/30t2019 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors.General Liability Extension Endorsement 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 lnsured 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. Controlling lnterest 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, property damage or personal and advertising injury arising out of: 1. 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-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named 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, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named lnsured, including but not limited to: cNA74858XX (1-15) Page 2 of 18 The Continental Insurance Co. Insured Name: GEOENGINEERS, ]NC. Copyright CNA All Rights Reserved. Policy No: 60231-13030 Endorsement No: Effective Date: 06/30/2019 lncludes copyrighted material of lnsurance Services Office, lnc., with its perm¡ssion. o 9? ç! o N o - - CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1' the.preparing, approving, orfailing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifìcations; or 2. supervisory, inspection, architectural or engineering activities. D. Lessor of Equipment Any..person or organization from whom a Named Insured leases equipment, but only with respect to liability forbodily injury, property damage or personal and advertising injury caused, in whoje or in párt, by the Namedlnsured's maintenance, operation or use-of such equipment, provided that the occurrence givíng rise to suchbodily injury, property damage or the offense giving rise to such personat and advertising injuft tat<es ptàðe prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named lnsured leases land but only with respect to liability for bodilyinjury, property damage or personal and advertising injury arising out of t'he o*neròhip, maintenánce ot. ,.ä of such land, provided that the occurrence giving rise to such bodiiy injury, property d'amage or the offensegiving rise to such personal and advertising injury takes place prior tô t-he'terminaiion of ıuch 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 lnsured, or such owner or lessor,s real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arisin! oui otthe ownership, maintenance or use of such part of the premises leased to the NameO lnsuré¿,ãnd provid-ed thatthe.occ.urrence giving rise to such bodily injury or property damage, or the offense giving rise to súch personaland advertising injury, takes place prior to the termination of-such lease. The covórage granted by thisparagraph does not apply to structural alterations, new construction or demolition operationı pðrformed Oy, onbehalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver å T-o_ttg9S"g, assignee or receiver of premlses but only with respect to such mortgagee, assignee or receiver'sliability for bodily injury, property damage or personal and advertising injuff ärising o-ut ot the Namedlnsured's ownership, maintenance, or use of a premises by a Named lnsureã. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolitionoperations 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 butonly with respect to such state or governmenlal agency or subdivision or political subdivision's liability t ¡"Uiiijinjury, property damage or personar and advertising in¡ury arising out of: 1. the following hazards in connection with premises a Named lnsured owns, rents, or controls and to whichthis insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings,canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway oþenings, s¡Oewãlfvaults, 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 cNA74B58XX (1-15) Page 3 of 18 The Continental_ Insurance Co. INSUred Name: GEOENGINEERS, INc. Copyr¡ght CNA Ail Rights Reserved Policy No: 6023113030 Endorsement No: Effective Date: 06t3012019 lncludes copyrighted materiar of rnsurance services office, rnc., with its 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, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status 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 1. With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person ororganization whom the Named lnsured is required to include as an additional insured, but only with respect to such person or organization's liabiliÇ for bodily injury, property damage or personal and advertising injury caused by: a. the Named lnsured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named 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 ADD¡TIONAL 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 lnsureds; 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 offìcers, directors and shareholders are lnsureds; CNA74858XX (1-15) PolicY No: Page 4 of 18 Endorsement No: The Continental Insurance co. EffectiveDate: Insured Name: GEOENGTNEERS, ]NC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., w¡th ¡ts permission 6023113030 t. 06/30/2019 - - CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to localions 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 entifledExclusions is amended to add the following additional exception to the exclusion entitled Airciafi, 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 cónsequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under GONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named 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 apartner, executive offlcer, 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 Goverage Part will not be prejudiced if the Named lnsured fails to give the lnsurer notice of an occurrence, offense or claim and that failuie is solely due to the Named lnsured's reasonable belief that the bodily injury or property damage is not covered undei this Goverage part. However, the Named lnsured shall give written notice of such occurrence, offense or claim to the lnsuier as soon as theNamed 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 lnsured 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, qualifles as a Named Insured, provided that there is no other similar lia contributory, excess, contingent or othenruise, which provides coverage to such bility insurance, whether primary, organization, or which would have cNA74858XX (1-15) Page 5 of 18 The Continental Insurance Co. INsured Name: GEOENGINEERS, INc. Policy No: Endorsement No: Effective Date: 6023113030 Copyright CNA All Rights ReseNed. lncludes copyrighted material of lnsurance Services Office, lnc., w¡th its permiss¡on. 06t30t2019 CNA GNA 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 liabiliÇ company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or 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 lnsureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. CONTRACTUAL LIABILITY - RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: lnsured 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 Insured 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 indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement, f. That part of any other contract or agreement pertaining to the Named lnsured's business (including an indemnification of a municipality in connection with work performed for a municipality) 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: CNA74858XX (1-15) Policy No: 6023113030 Page 6 of 18 Endorsement No: The Continental- Insurance Co. EffectiveDate: 06/30/2019 INSUTEd NAME: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with ¡ts permission. L a o q! o o CNA GNA 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 specifìcations; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the lnsured, if an architect, engineer or surveyor, assumes liabiliÇ for an injury or damage arising out of the insured's rendering or failure to render professional services, including tnósé tisteO in 1i¡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, coveiage is affordeð to such estates, executors,-heirs, legal representatives, administrators, trustees, beneficiaries and spoúses only forclaims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeksdamages from marital community property, jointly held property or property transierred from such natural personlnsured 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 thespouse of a natural person Named lnsured, and the spouses of members or partners of joint venture or partnership Named lnsureds are lnsureds with respect to such spouses' acts, errors or omissions in the conduct of ihe Namedlnsured's business. 10. EXPECTED OR INTENDED INJURY - EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Goverage A - Bodily lnjury And Property Damage Liability, the paragraph entiledExclusions is amended to delete the exclusion entitled Expected or lniended lñjury and róplace iiw¡tn-tnä following: This insurance does not apply to: Expected or Intended lnjury Bodily injury or property 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 properly. II. 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' Alldamages under Coverage A, except damages because of bodily injury or property damage included inthe products-completed operations hazard; and 2. All medical expenses under Coverage G, 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 th"e Decla-ratio"ns, nor the Location GeneralAggregate Limit of any other location. B. AII: 1' Damages under Coverage B, regardless of the number of locations involved; cNA74858XX (1-15) Page 7 of 18 The Continent.al Insurance Co. lnsured Name: GEOENGTNEERS, INC. Copyright CNA Ail R¡ghts Reserved - Policy No: Endorsement No: Effective Date: 6023113030 06/30/2019 lncludes copyrighted mater¡al of lnsurance Services Office, lnc., with ¡ts permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Covcrage G 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 General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard, regardless of the number of locations involved, will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named lnsured, or chartered by or for the Named lnsured, will be treated in the same manner as though the action were in personam against the Named lnsured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Goverage A - Bodily lnjury And Property Damage Liability, the lnsuring Agreement is amended to replace Paragraphs f .b.(f )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: (l) 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 iniury arising from an occurrence will be deemed to have occurred at the time of the fìrst act, error, or omission that is part of the occurrence; and CNA74858XX (1-15) Policy No: Page 8 of 18 Endorsement No: The Continental f nsurance Co. Effective Date: lnsured Name: GEOENGTNEERS, rNc. Copyright CNA AII Rights Reserved. lncludes copyrighted material of lnsurance Services Off¡ce, lnc., w¡th ìts permission 602311-3030 06/30/2019 ì CNA GNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement B.Under COVERAGES, Goverage A - Bodily lnjury And Property Damage Liability, the paragraph entifled 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). i¡. 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. 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 forwhich no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such bu't solely to the extent they are duly licensed as required: a. Physician; cNA7485BXX (1-15) Page 9 of 18 The Continental- Insurance Co. lnsured Name: GEOENGTNEERS, INC. Copyright CNA Att Rights Reserved o o No a o c - Policy No: Endorsement No: Effective Date: 6023113030 06t30t2019 lncludes copyr¡ghted material of lnsurance Services Office, lnc., with its permission CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; S. 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. i¡. delete the defìnition 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 oul of a health care incident. the Named lnsured's volunteer workers are lnsureds with respect to: (f ) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named 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.(f) in its entirety and replace it with the following: Other Insurance CNA74858XX (1-15) Policy No: 6023113030 Page 10 of 18 Endorsement No: The Continental Insurance co. Effective Date: 06/30/2019 lnsured Name: cnosNcrNEERs, rNc. Copyright CNA All Rights Reserved. lncludes copyr¡ghted material of lnsurance Services Office, lnc., w¡th its permission. N N 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 lnsured 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 pólicy periód, such Named lnsured is an lnsured with respect to its interest in such joint venture, partnership oi lim¡têd liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and thepersonal 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 compâny. lf the joint venture, partnership or limited liabìlity company is or was insured under a consolidated (wrap-up)insurance program, then such insurance will always be considered valid and collectible for the plrpoie otparagraph c. above. But this provision will not serve to exclude bodily injury, property damage or peisonal andadvertising injury that would otherwise be covered under the Arch¡teóts,-Engineers AnO Surveyors GeneralLiability Extension Endorsement provision entitled WRAP-Up ExlENSloN: oCtp, Cclp, oRCONSOLIDATED (WRAP'UP) INSURANCE PROGRAMS. Please see that provision for the definition ofconsolidated (wrap-up) insurance program. B. Participation ln Current Professional Joint Ventures The following is added to WHO lS AN TNSURED: The Named lnsured is also an lnsured for participation in a current joint venture that is not named on theDeclarations, but only if such joint venture meets all of the following criteriâ: a. Each and every one of the Named lnsured's co-venturers are architectural, engineering or surveying firmsonly; 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 sucha joint venture. The Named lnsured is not insured for liability arising out of the acts or omissions of other co-venturers, nor of their paÍners, 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 Surveyors General Liability ExtensionEndorsement or by the attachment of another endorsément (if any), no perðon or organization is an lnsured withrespect to the conduct of any current or past partnership, joint venture or limited ìiaOitity company tnai is notshown as a Named lnsured in the Declarations- cNA74858XX (1-15) - ,- Page11of18 The Continental Insurance Co. INSUTed Name: GEOENGINEERS, rNC. Copyright CNA All Rights Reserved. Policy No: 6023113030 Endorsement No: Effective Date: 06t30t2019 lncludes copyr¡ghted materiar of lnsurance services office, rnc., w¡th ¡ts permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A - Bodily lnjury and Property Damage Liability, the paragraph entitled Exolusions is omcndcd to dclctc cxclusion j. Damage to Property in its cntircty and rcplaoc it with thc following: This insurance does not apply to: j. Damage to Property 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 entiÇ, 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 fìre) 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. Paragrap,hs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named lnsured borrows from others, nor ¡¡. 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) Page 12 of 18 The Continental- Insurance Co. Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved Policy No: 60231-13030 Endorsement No: Effective Date: 06/30/2019 lncludes copyrighted mater¡al of lnsurance Services Office, lnc., with its permission. N o CNA GNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below, B' Under COVERAGES, Coverage A - Bodily lnjury and Property Damage Liability, the paragraph enti¡edExclusions 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 lnsured or temporarily occupied by a Named lnsured with permission of the owner, nor to damage to the contents ofpremises 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 LIM|TS OF TNSURANCE: Subjectto 5' above, $25,000 isthe mostthe lnsurerwillpay under Coverage Afor damages arising outof anyone occurrence because of the sum of all property damage to borrowed tools or equipment, aid to otneipersonal property of others in the Named lnsured's care, custody or control, while being used in the Namedlnsured's operations away from any Named Insured's premises. Ìhe lnsurer's obligationio pay such property damage does not apply until the amount of such property damage exceeds $1 ,000. ine lnsurer fras the'right butnot the duty to pay any portion of this $1,000 in order to effect settlement. lf the lnsurer exercises that rig"ht, theNamed lnsured will prompfly reimburse the lnsurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deteted and replaced by the following: 6. Subject to Paragraph 5' above, (the Each Occurrence Limit), the Damage To premises Rented To you Limitis the most th.e lnsurer will pay under Goverage A for damages becaúse of property damage to any onepremises while rented to the Named lnsured or temporarily occupied Uy ine'Named Insilred witír tnepermission of the owner, including contents of such premises iented to the Ñamed Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. 9500,000; or b' The Damage To Premises Rented To You Limit shown in the Declarations. E' Paragraph a.b'(1)(a)(ii) of the Other Insurance Condition is deteted and replaced by the following: (ii) That is property insurance for premises rented to the Named lnsured, for premises temporarily occupied bythe Named lnsured with the permission of the owner; or for personal property of others ¡ñ tne ÑameoInsured's care, custody or control; 16. LIQUOR LIABILITY Under GOVERAGES, Goverage A - Bodily lnjury and Property Damage Liability, the paragraph entifledExclusions is amended to delete the exclusion-entiiled Liquor t-iabitity This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as anadditional insured on this Goverage Part. cNA74858XX (1-15) Page 13 of 1B The Continenta] Insurance Co lnsured Name: GEOENGTNEERS, INC Policy No: 6023113030 Endorsement No: Effective Date: 06130t2019 - copyright cNA All Rights Reserved. lncludes ôopyrighted material of lnsurance Services office, lnc., w¡th its permission. CNA GNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement I7. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the 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 COVERAGES, the lnsuring Agreement of Coverage C - Medical Payments is amended to replace Paragraph La.(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 Property 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. I 9. NON.OWNED WATERCRAFT ' Under COVERAGES, Coverage 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 Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY -DlSCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B - Personal and Advertising lnjury 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-r5) Policy No: Page'l4 of 18 Endorsement No: The Continental Tnsurance co. Effective Date: Insured Name: GEOENGINEERS, ]NC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Offlce, lnc., with its permission. 6023113030 06/30/2019 ) CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violatethe rights of another and would inflict personal and advertising injury. This exclùsion shall not apply to discrimination or humiliation that results in injury to the feelings or reputâtion of a natural person, but only if such discrimination or humiliation is not done intentionally by oiat the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any 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 entitybecause of discrimination. ThE COVETAgE PTOVidEd bY this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATIONProvision does not apply to any person or organization whose status as an lnsured derives solely from Provision L ADDTTIONAL INSURED of this endorsement, or attachment of an additional insured endorsement to this Coverage Part. 2I. PERSONAL AND ADVERTISING INJURY. CONTRACTUAL LIABILITY A. Under GOVERAGES, Goverage B -Personal and Advertising lnjury Liability, the paragraph entiledExclusions is amended to delete the exclusion entitled ContractualiiaUif it! B. !!-elylor_t!9 Pyrpos.e of the coverage provided by this PERSoNAL AND ADVERT|S|NG INJURY - LtMlrEDcoNTRACTU+-L-..!!4PlLl]Y--provision, the fóttowing changes are made to the section entiledSUPPLEMENTARY PAYMENTS - COVERAGES A AND -B: 1. Paragraph 2.d. is replaced by the foilowing: d' The allegations in the suit and the information the lnsurer knows about the offense alleged in such suitare such that no conflict appears to exist between the interests of the Insured and the"interests of theindemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.r.e)þ')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 thatindemnitee, necessary litigation expenses incurred by the lnsurer, ano necãisàry titigation expeniòi-incurreo cNA7485BXX (1-15) Page 15 of 18 The Continent.aL lnsurance Co INsured Name: GEOENGTNEERS, INC ô o @ N - i I ",.--) Policy No: 6 023113 O3 O Endorsement No: Effective Date: 06/30/2019 copyright cNA All Rights Reserved. lncludes copyrighted material of lnsurance Services office, lnc., with its permission. CNA 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 personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Goverage B -Personal and Advertising lnjury Liability is excluded by another endorsomcnt attachcd to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who othenruise qualifies as an additional insured on this Coverage Part. 22. PROPERTY 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 property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE - ELEVATORS Provision, the Other 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, DIRECTORS AND EMPLOYEES WHO lS INSURED is amended to include as lnsureds natural persons who are retired partners, members, directors or employees, but only for bodily iniury, property 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 workers 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. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS lf the Named lnsured unintentionally fails to disclose all existing hazards at the inception date of the Named lnsured's Coverage 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: CNA74B58XX (1-15) Policy No: 6023113030 Page 16 of 18 Endorsement No: The Continental- rnsurance Co. Effective Date: 06/30/2019 Insured Name: GEOENGÎNEERS, INC. Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with ¡ts permission. ñ o ç! o q 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: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-upj insurance program by applicable state statute or regulation. lf the endorsement EXCLUSION - 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, property 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.(l)(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 lnsured 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 iwraþ-ubiinsurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap'up) insurance program means a construction, erection or demolition project for which theprime contractor/project manager or owner of the construction project has secured general íiaUitity insurance covering some or all of the contractors or subcontractors involveO ¡ir tne project, sucli as an Ownei Controlled lnsurance Program (O.C.l.P.) or Contractor Controlled lnsurance Program (C.C.l.p.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 'l' single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unitdevelopments; and 2' the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential struäture alsodoes not include hospitals or prisons. cNA74858XX (1-15) Page 17 of 18 The Continental Insurance Co lnsured Name: cEOENcTNEERS, INC Policy No: 6023113030 Endorsement No: Effective Date: 0613012019 I Copyright CNA All Rights Reserved. lncludes copyrighted mater¡al of lnsurance Services Office, lnc., with its perm¡ssion CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage 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: 6023113030 Page 18 of 18 Endorsement No: The Cont.inental ïnsurance co. Effective Date: 06/30/2019 lnsured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. lncludes copyrighted mater¡al of lnsurance Services Office, lnc., with ¡ts permission. CNA CNA PARAMOUNT General Aggregate Limit - Per Project Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: l. For each single construction or service project away from premises the Named tnsured owns or rents, a separate Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the lnsurer will pay for the sum of: A. all damages under Coverage A, except damages because of 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 attribuled solely to ongoing operations at that project. Such payments shall not reduce the General Aggregate Límit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project. il. Ail: A. damages under Coverage B, regardless of the number of locations or projects 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 operat¡ons hazard ; and C. medical expenses under Coverage G, caused by accidents which cannot be attributed solely to ongoing operations at a single project, ) will reduce the General Aggregate Limit shown in the Declaralions. lll. 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 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 for liability arising out of the products-completed operat¡ons hazard is provided, any payments forg damages because of bodily iniury or property damage included in the products-completed operatións hazard willë reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardiess of the number of i otojects involved $ V. lf a single construction or seruice project away from premises owned by or rented to the Named lnsured has beenE abandoned and then restarted, or ¡i the auihor¡zed contracting parties deviate from plans, blueprints, designs,F specifications or timetables, such project will still be deemed to be tire same project. Vl. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated, All other terms and conditions of the Policy remain unchanged.-- T h s e ndors ement,wh ich forms a part of and ts for attachme nt to the Po cy issued by the designated lnsu takes effect 0n the effective date of said Policy rers, at th e ho ur stated tn sai d Po licy unles anothe r effective date is S h own belowexprresconcuwithsaidP and copyright CNA All Rights Reserved. lncludes copyr¡ghtsd material of lnsurance Services Office, lnc., with its permission. cNA75061XX (1-15) Page 1 of 1 The Cont.inental Insurance Co lnsured Name: GEOENGINEERS, INC Policy No: 6023113030 Endorsement No: Effective Date: 06/30/2019 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Not applicable in WA Schedule Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. Where required by contractor or written agreement prior to loss and allowed by law. ln the states of lD, KS, MO, NC, OK, and SC, the premium charge is 2o/o ol lhe total manual premium, subject to a minimum premium of $100 per policy. ln the states of LA and NY, the premium charge is2o/o of the total manual premium, subject to a minimum premium of $250 per policy. ln the state of MA, the premium charge is 1% of the total manual premium. ln the state of OR, the premium charge is 'l% of the total manual premium, subject to a minimum premium of $250 per policy. ln the state of VA, the premium charge is 5% of the total manual premium, subject to a minimum premium of $250 per policy. lssued by: Liberty lnsurance Corporation 2'1814 For attachment to Policy No WC7-291-470641-019 Effective Date Premium $ lssued to: GeoEngineers lnc wc 00 03 13 Êd.4t1t1984 O 1983 NationalCouncilon Compensation lnsurance, lnc.Page 1 of 1 NOTICE OF CANCELLATION TO THIRD PARTIES 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 becomés effective. ln no event does the notice to the third party exceed the notice to the first named insured. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure toprovide such advance notification will not efend the policy cancellation date nor negaie cancellation of the policy. SCHEDULE Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): Schedule on file with Company Schedule on file with Company 30 All other terms and conditions of this policy remain unchanged A B. lssued by Liberty lnsurance Corporation 21814 For attachment to Policy No. WC7-291 -4TO64j-019 lssued to GeoEngineers lnc wc 99 20 75 Ed.12t01t2016 Effective Date @ 2016 Liberty Mutual lnsurance Premium $ Page 1 of 1 Terra lnsurance Company(A Risk Retention Group) Two Fifer Avenue, Suite IOO Corte Madera, CA 94925 DATE 0y0y20 CERTIFICATE OF INSURANCE r TERRA INSURANCE COMPANY CERTIFICATE HOLDER City of Kent Attn: Nancy Yoshitake 220 4th Avenue South Kent, Washington 98032 This certifies that the "claims made" insurance policy (described below by policy number) written on forms inuse by th-e Company has been issued. This certificate is not a policy or a-bindei of insurance and is issued as amatter of information only, and c_onfers no rights upon the certificaìe 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¡nd¡cated' Notwithstanding any requirement, term o-r condition of any contract or other ¿"ocument with respectto which this certificate may be issued or may pertain, the insurance âfforded by the policy described herein issubject to all the terms, exclusions and conditions of such policy. Aggregate limits sñown may have beenreduced by paid claims. TYPE OF INSURANCE Professional Liability POL¡CY NUMBER 220019 EFFECTIVE DATE 0l/0r/20 EXPIRATION DATE t2/3t/20 LIMITS OF LIABILITY $3,000,000 EACH CLATM $3,000,000 ANNUAL AGcREGATE PROJECT DESCRTPTTON West Hill Reservoir - City of Kent. GeoEngineers No. 0410-212-00 CANCELLATION: lf the described policy is cancelled by the Company before its expiration dare,the Company will mail written not¡ce to the cert¡ficate holder thirty (¡O) ¿ays in advance, or ten(10) days in advance for non-payment of premium. lf the described policy is cancelled by theinsured before its expiration date, the Company will mail written noi¡ce to the certificaté holderwithin thirty (30) days of the norice to the Company from the insured. NAME AND ADDRESS OF INSURED GeoEngineers, Inc. 1101 S. Fawcett Avenue, Suite 200 Tacoma, WA 98402 ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) fu,,)MK President