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HomeMy WebLinkAboutCAG2020-415 - Original - R2 Resource Consultants, Inc. - GRNRA North Pump Station Fish Assessment - 12/23/2020ApprovalOriginator: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 December 18, 2020 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and R2 Resource Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and R2 Resource Consultants, Inc. organized under the laws of the State of Washington, located and doing business at 15250 NE 95th Street, Redmond, WA 98052, Phone: (425) 844-1655, Contact: Eric Jeanes (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall conduct fish assessment of the Green River Natural Resource Area in support of the Green River Natural Resouce Area North Pump Station Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. The 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. The Consultant shall complete the work described in Section I by December 31, 2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifty One Thousand, Seven Hundred Thirteen Dollars and Fifty Cents ($51,713.50), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. 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: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the 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 the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. 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. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII. INDEMNIFICATION. The 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 the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. 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 the 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 the 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. IX.INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) XI. 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. The 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 the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the 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. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means 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 VIII 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 the Consultant. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the 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. / / / / / / / / / / / / / / / / / / / / / / / / K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Eric Jeanes R2 Resource Consultants, Inc. 15250 NE 95th Street Redmond, WA 98052 (425) 844-1655 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Chad Bieren, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk R2 Resource - GRNRA n PS/Hallock 0DU\/RXLVH.HHIH 9LFH3UHVLGHQW 'HFHPEHU EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ MaryLouise Keefe R2 Resource Consultants, Inc. Vice President December 17, 2020 EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ SCOPE OF WORK Green River Natural Resources Area Fish Assessment Fall2O20 and Spring 2O2L Surveys Prepared for: City of Kent Environmental Engineering/Public Works 220 Fourth Avenue South Kent, WA 98032 Prepared by: r?2 RESOURCE CONSULTAÌ{TS -tNc.I 15250 NE 95th Street Redmond, WA 98052 7 December 2020 EXHIBIT A City ol Kent Green Ríver Natural Resources Areø Fish Assessment CONTENTS AppRoRc¡r.. FRrQu¡Ivcv oF SURVEYS DRrR Coll¡croN AN D ArrlRr-vsls.... T¡cnucRr- MrvlonRruouM ........... 3 3 7 7 8 R2 Resource Consultants, lnc.Page ii December 2020 City ol Kent Green River Nøtural Resources Ared Fish Assessment INTRODUCTION R2 Resource Consultants, lnc. (R2) is pleased to submit this proposal to the City of Kent for conducting fish assessment of the Green River Natural Resources Area (GRNRA) in support of the GRNRA North Pump Station Project. The GRNRA serves as a regional stormwater detention facility which collects stormwater from a large portion of the Kent valley. The GRNRA retains stormwater at a higher elevation in the main detention pond than originally designed. The GRNRA Project consists of building a stormwater pump station at the north end of the GRNRA near Boeíng Channel (Figure 1). The pump station will lower the pond elevation prior to predicted storm events to help the GRNRA attain its original design capacity and reduce flood risk in the valley. The water from the GRNRA will be pumped downstream to the Boeing Channel where flap gates will be installed on the pump outfall and the existing culverts leading to the Boeing Channel to prevent water from returning to the GRNRA (Figure 2) The habitat and fish species present within the GRNRA have not been surveyed since 2006, when no salmonids were observed within the project area. An updated fish and habitat assessment would provide more information to design project components to meet the needs of fish species present in the project area as well as fulfill requirements under the Endangered Specíes Act. Our proposed approach for completing the fish assessment project is described below and modeled after the approach used during the previous fish assessment conducted in 20O5/2006 by R2 (R2 2006a). We propose Mr. Eric Jeanes as Project Manager and Field Lead. Mr. Jeanes has significant experience performing fisheries assessments, including those last conducted within the GRNRA in 2OO5/2O06. BACKGROUND The City of Kent designed and built the GRNRA to treat stormwater and intercept flood flows of 40 cfs or greater from Mill Creek in 1996. ln addition to stormwater benefits, the GRNRA provides Coho Salmon (Oncorhynchus kisutchl originating from MillCreek habitat refugia during winter storm events. lt was postulated that in the spring, juvenile Coho that entered the detention pond in the winter would volitionally leave the ponds and outmigrate downstream via Boeing Channel and eventually back to Mill Creek. The City of Kent subsequently contracted with R2 to develop a formal study plan for monitoring salmonid utilization of the GRNRA system. The plan specified two years of monitoring and was finalized in February 2005 (R2 2006a) and submitted to the U.S. Army Corps of Engineers (USCOEIfor review. The first year of the fish assessment was completed in 2005. The monitoring plan was subsequently approved by the USCOE in Spring 2006 and the second year of surveys was completed in Spring 2006 (Figure 3). The surveys were conducted in accordance wíth the decision tree analysis presented in the plan that identified three monitoring scenarios depending on fish assessment results. The Scenarios included: R2 Resource Consultants, Inc.Page 1 December 2020 City of Kent Green River Nøtural Resources Areø Fish Assessment ¡ lf NO salmonids found during March 2005 survey, continue fish surveys in May 2005; o lf NO salmonids found during May 2005 survey, continue fish surveys in March 2006; and o lf NO salmonids found during March 2006 survey, City of Kent would request exemption from further monitoring of the GRNRA detention pond. Ihe basis for this request would be thqt salmonids do not oppeor to use the detention pond for overwintering habitat. o lf YES - salmonids found during March 2005 survey, will survey in May 2005 in accordance with study plan; r lf NO salmonids found during May 2005 survey (suggest smolts able to egress pond), still survey in March 2006; ¡ lf YES - salmonids found during March 2006 wíll survey in May 2006; and r lf NO salmonids found during May 2006 survey, then City of Kent would request exemption from further monitoring of the GRNRA detention pond. Ihe bosis for this request would be that solmonids appear to be able to successfully egress the pond negating the need for further monitoring. ¡ lf YES - salmonids found in March and/or May 2005 or 2O06, then evaluate over-summer temperatures and dissolved oxygen concentrations as indicators of survíval, and conduct 3'd sampling in the Fall (late September early October) 2006 to see if any salmonids still in the detention pond; r lf YES - salmonids found in September 2006 survey suggest summer pond conditions could sustain salmonids. The City of Kent would then request exemption from further monitoring of the GRNRA detention pond. Ihe basis for this request would be that solmonids appear to be oble to over-summer successfully in the detention pond and should be øble to egress during the following spring; and o lf NO salmonids found in September 2006 survey, thís suggests summer pond conditions are likely fatal to salmonids. The City of Kent will then consult with NMFS about possible measures to be implemented to either improve the egress of salmonids from or prevent salmonid use of the detention pond. Salmonids were not captured during either the March/April or May/une 2005 surveys and the surveys conducted in the Spring 2006 (including both backpack and boat electrofishing and fyke net surveys) were compliant with actions noted under Scenario 1 that specified the fish assessment was to be repeated during Spring 2006. Correspondingly, no salmonids were captured during the Spríng 2006 sampling, and further fish assessments were not needed in the GRNRA (R2 2006a). Species captured in R2 Resource Consultants, Inc,Page 2 December 2020 City of Kent Green River Naturol Resources Areø Fish Assessment the GRNRA during the 2006 survey included, Pumpkinseed (n = 84) Lepomis gibbosus; Bluegill (n = 56) (Lepomis macrochirus); Fathead Minnow (n = 471 (Pimepholes promelas); Brown Bullhead (n = 34) llctalurus nebulosus); Largemouth Bass (n = 321; (Micropterus sølmoides/,' and Threespine Stickleback (n = 7l (Gasterosteus oculeatusl. Approach R2 proposes to conduct a limited spawning and pedestrian habitat survey in Fall 2020 and a full assessment of the fish residing within the GRNRA in Spring 2021. The Fall 2020 surveys will be composed of reconnaissance level habitat surveys and visual observation of juvenile and adult salmonids in Boeing Channel and Mill Creek and wíll follow protocol utilized for the City of Kent Critical Areas Surveys (R2 2006b). The Spring 2021 fish assessment survey frequency shall mirror the fish assessment that was conducted in the 2005/2006 survey period which was selected based on species and life stage periodicities in Mill Creek and which could potentially be present in the GRNRA system {primarily Coho Salmon) (R2 2006a). The fish assessment shall begin following procurement of state and federal collection permits (note: we assumed that federal permit may be superseded by Section 7 under Habitat Conservation Plan). The following three components and their biological significance of the GRNRA will be surveyed during Fall 2020 and Spring 2021 survey periods (survey periods in parentheses): Significance: the major inlet channel to the GRNRA system and hence all downstream migrating juvenile salmonids electing to use the detention pond would need to pass over the diversion weir and move downstream through the conveyance channel (Fall 2020 and Spring 2O2Ll; includes riparian plantings, large woody debris, aquatic vegetation, and other habitat features; the detention pond also receives some flow via the bypass channel that originates just below the overflow weir. Biological Significance: the original design and construction of the detention pond incorporated features specifically to provide juvenile salmonid rearing habitat (Spring 2O2Ll; and confluence including the segment of channel paralleling West Valley Highway is referred to as "Boeing Channel" downstream to its confluence with Mill Creek. Biological Significance:juvenile salmoníds attempting to access the detention pond by migrating upstream from Mill Creek through the adult fish screen at the mouth of Boeing Channel would need to migrate upstream into Boeing Channel and into the outfall channel and then into the detention pond. Alljuvenile salmoníds egressing the detention pond would need to migrate downstream via the outfall channel (Fall 2020 and Spring 2021l,. Frequency of Surveys We expect that the Fall2O2O surveys will encompass two survey days to complete habitat and visual fish surveys within Boeing Channel and Mill Creek (Table 1). There will be two separate fish survey events completed in the GRNRA system during Spring 2021 fish assessmenq the first covering a survey period in late March and the second period will occur in early June (Table 1). R2 Resource Consultants, lnc.Page 3 December 2020 City of KentGreen River Nøtural Resources Areo Fish AssessmentFigure 1. Green River Natural Resources Area, City of Kent, King County, Washington (adapted from R2 2006a).f-:lZir'¡:lv'.:j,:;l:.fKE}. Ts:!t-'ì; i( i57Si-.'--- | "qefN 6XANÀF¿MrL! c:,rËlx,D IVFFISION -'iLJil¿:a45(s)III'1WETLt;Ii4iT|OËTENTIONLAGOONItj_jiFitrnì.i.BoeingC¡rekADULT5CFË€NR2 Resource Consultants, lnc.Page 4December 2020 (.1!;y 1ìi ¡itliÌt: ár.f (:it't:r¿n {Ìivt:t' i\fttift,t¡i¡t't / i(iil,s.(o¿dtKÉ1,5 l\re'¡¡ l:islt,¿ìs.çr:.çst¡ar:,r¡f' N Å t ,l v,Þ.",t: .1t,., i,f)I i-lil¡ ;,i*ttÍ*zttu, rr" F, i 5!,.41.:: l' . iir' ñ.rl.#,î.' ,.ı *È" +r lúi ts.*ãri[33ãJßr,.d,fJ rSl li $*[GS€ Gnfitr Î_ruilï I mEI ASfUnËïfjîffi\iGil, *zú:,íiü{:ia P;,.1¡Xrt :i Ê. ffrr.\ {:-\ L ¡hl 'JÉ-\6 #," {f fr Þ q::' lþzosu,' -fm?fr. i {tt"GFtfrtr R-[ÞnI.E.f *,Et l? t T i,*¡*' T:ì2 lll:i;oi ¡ l' i;ril (ìlrn:;:t.lI t¡l n i;s, I it ¡l ii.i r tL e ¡ it iri'c r i'Z'fì¿lf J ETLAX City ol Kent Green River Naturøl Resources Area Fish Assessment Figure 3. Green River Natural Resources Area fish assessment survey areas conducted by R2 in 2005-2006, City of Kent, King County, Washington (adapted from R2 2006a). Outflow Ganal Boeing Ghannel Raft Electrofishing Backpack ElectrofishingFyke Net Outlet Structure Boat Electrofishing Buoy Constructed Wetlands Detention Pond Weir #1 R2 Resource Consultants, Inc Page s December 2020 City ol Kent Table 1 Green River Naturøl Resources Area Fish Assessment Survey type, approximate date, and reach for GRNRA fish assessment, C¡ty of Kent, Washington. Survey Type Survey Date Suruey Reach Pedestrian habitat/visual surveys Electrofishin g/fVke netting surveys Electrof ishin g/fvke netti ng su rveys December 2020 22-26March2O21 7-7t June 2O2I 1-3 (Boeing Ch./Mill cr.) All survey reaches (1-3) All survey reaches (1-3) Data Collection and Analysis Data to be collected/provided during each survey would include: o Date of survey; o General weather conditions; o Discharge/waterlevel; o Time at the beginning and end of each survey reach; o Water temperature (measured with a handheld thermometer); o Number, species, and length of fish observed/captured; o Electrofishing time (sec); o Habitat indices; and o Representative photographs taken of each reach and fish species observed during the surveys. Data will be collected on R2 field data sheets designed specifically for use on pedestrian habitat and fish assessment projects and transferred to electronic spreadsheets. Technical Memorandum The results of the surveys will be presented together in a Technical Memorandum (TM) similar to the previous assessment conducted for the GRNRA by R2 (R2 2006a). The TM will summarize the results of the surveys, including reach specific fish species and catch per unit effort indices. The TM will include as appendices copies of all field forms and selected photographs. lf desired by the City of Kent, upon the completion of each individual survey, R2 can provide a tabular report of survey results in electronic format. R2 will alert the City of Kent if salmoníds are observed within 24 hours after a survey. R2 Resource Consultants, lnc.Page 7 December 2020 City of Kent SCHEDULE Green River Nøtural Resources Ared Fish Assessment Prior to R2 starting work, written Notice to Proceed (NTP) must be given by the City of Kent. R2 proposes to complete this work in accordance with the following schedule: o Fall 2020 Surveys: begin within two weeks of receipt of NTP; o Spring 2021 Surveys: 18 June 2021; o Draft TM: on or before 1 August 2O2I; and o Final T M: 1 October 2021. ESTIMATED COSTS The total preliminary cost to complete the GRNRA fish assessment project is 551,713.50 and is presented by task in Table 2 and in an itemized cost schedule that denotes personnel, hours and equipment costs in Table 3. The cost to conduct the Fall 2020 and Spring 2021 GRNRA fish surveys is 56,070.00 and S32,356.50, respectively. The cost to complete data analyses and reporting is $13,287.00. For the purposes of this cost estimate, we assumed that federal collection permit will be covered under the City of Kent HCP. Table 2. Task number, description, and preliminary cost for Fall 2020 and Spring 2021 GRNRA fish assessment, City of Kent, Washington. Task Preliminary Cost 1 - Fall 2020 Survey S6,o7o.oo 2 - Spring 2021 Surveys S32,356.50 3 - Data Analyses and Reporting s13,287.00 Total S51,713.s0 R2 Resource Consultants, lnc.Page 8 December 2020 TASK 01 TASK 02 TASK 03 Fall 2020 5ÞrinE 2021 Data Anelvses Hourlv Surveys F¡sh Assessmenl Reoortinr ÏOTAL Grade PERSONNET Rate S Hrs/CstsS Hrs/GstsS Hrs/cstsS Hrs/CstsS 25 Er¡cJeanes S1s3.oo 18 80 40 138 Fisheries Biolosist S2.7s4.oo 512,24o.OO s6,120.00 521,114.00 25 Michael Gasner S1s3.oo 16 15 16 48 Aquatic Scientist s2,448.00 s2,448.00 s2,448.00 s7,344.00 25 Brad Johnson, P.E,, S.E.S1s3.oo 2 0 0 2 Health & Safety s305.00 So.oo s0.00 S3o6.oo 23 Sabrína Panos Word Processing/Administration s12s.00 2 S2so.oo I 16 S2.ooo.oo 26 S3.2so.oos1,000.00 22 Gerald Georce S111.oo 0 60 24 84 Fish Bioloeist s0.00 S6.66o.oo s2.664.00 s9,324.00 6 R2 Fish Technician S7s.oo 0 40 0 40 Fish Biolosist So.oo s3.000.00 s0.00 s3,000.00 Totel Labor Hours 38 204 96 338 Total Labor Costs s2s,34E.00 s13,232.00 S44,338.00 ITEM Supplies, Subsistence: Sso.oo So.oos2s0.00 s300.00 Miscellaneous $o.oo s8s.00 Subtotal Exoenses S $so.oo s33s.00 So.oo s38s.00 LO9l Subcontractor: R2 Equipment Usage fField and Officel: Vehícle M¡lease: . Lz Q np¡rylslrsÞgl 9iVr ile Aquatic Hab¡tât EquíÞment: S17s.oo s1,000.00 so.oo S1,17s.oo i D!rr9!E{o¡yC9!/r"qp.t!ç!e[ t1s1!. y Fisheries Equ¡Dment: s70.00 S3so.oo so.oo s420.00 'Electrostrocker -- BaSþq$; tlÞolCey I Electroshocker -- Boat Mounted Pks; S2,100/wk s040 So.oo 9100r00 54,2oo.oo l9q0 So.oo s300.00 54,200.00 Fish Capture Nets (fvke/eill nets, beach seine); Sso/dav so.oo s100.00 So.oo Sloo.oo General Fleld Equipment: Rite-in-Rain - Paper, DuraCopy (waterproof,8 Tl2xltl; So.7olsheet Sz.oo S7o.oo s0.00 S77.oo Office Equipment: Copies - b/w (8tl2xLll:50.10/paee Ss.oo Szo.oo Sss.oo SBo.oo Watercraft: Raft - Subtotal R2 .00 $si.oo PROJECT TOTAT5: Totel oDcs s S312.oo Sz,oos.so sss.00 S7,37s.so Total tabor Costs $ss,7sE.00 925,3¡18.00 s13,232.00 S¿t4,338.00 TOTAL COSrS $f---T6"010-oo s32.356.50 s13,287.00 5s1,713.50 City ol Kent Table 3. Green River Natural Resources Areø Fish Assessment R2 Resource Consultants, lnc. itemized cost schedule for Fall 2020 and Spring 2021 GRNRA fish assessment, C¡ty of Kent, Washington. R2 Resource Consultants, lnc.Page 9 December 2020 City ol Kent Green River Notural Resources Areø Fish Assessment REFERENCES City of Kent. 2020. GRNRA North Pump Station, conceptual layout. Prepared by City of Kent, Public Works Department 21July 2020. 1 pp. R2 Resource Consultants, lnc. (R2). 2006a. Monitoring the Green River Natural Resource Area for salmonid utilization -2005/2006 Survey Results. Prepared for City of Kent by R2 Resource Consultants. Redmond, Washington.27 June 2006.65 pp. R2 Resource Consultants, lnc. (R2). 2006b. Fish, habitat, and benthíc macroinvertebrate surveys in selected in selected streams within the City of Kent, Washington. Prepared for City of Kent by R2 Resource Consultants. Redmond, Washington. June 2006. 168 pp. R2 Resource Consultants, lnc.Page 10 December 2020 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 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. INSR ADDLSUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Fire Insurance Co. of Hartford Valley Forge Insurance Company U. S. Specialty Insurance Company 12/15/2020 USI Insurance Services NW PR 601 Union Street, Suite 1000 Seattle, WA 98101 Pleae See Below 206 441-6300 610-362-8530 Seattle.PLCertRequest@usi.com R2 Resource Consultants, Inc. 15250 NE 95TH Street Redmond, WA 98052 20478 20508 29599 A X X X WA Stop Gap X X X 3011007524 02/01/2020 02/01/2021 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000Stop Gap/EL A X X X X X 3011007538 02/01/2020 02/01/2021 1,000,000 B N X 6046011623 (CA) 02/01/2020 02/01/2021 X 1,000,000 1,000,000 1,000,000 C Professional Liability Incl. Pollution USS2030973 07/01/2020 07/01/2021 $1,000,000 per claim $1,000,000 annl aggr. RE: Project Name: Green River Natural Resource Area North Pump Station Agreement. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, City of Kent, Washington, only when there is a written contract that requires such status, and only with regard to work performed on behalf of (See Attached Descriptions) City of Kent 220 Fourth Avenue South Kent, WA 98032 1 of 2 #S30642420/M29270034 R2RESClient#: 334174 SRSJV 1 of 2 #S30642420/M29270034 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) the named insured. The General Liability and Automobile Liability policies contain a special endorsement with "Primary and Noncontributory" wording, when required by written contract. The General Liability policy includes a Separation of Insureds Provision. The General Liability and Automobile Liability policies includes an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier. Should the Professional Liability policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. 2 of 2 #S30642420/M29270034 Business Auto Policy Policy Endorsement WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: R2 Resource Consultants, Inc. Endorsement Effective Date: 02/01/2020 SCHEDULE Name(s) Of Person(s) Or Organization(s): Environmental Resources Management BLANKET WHERE REQUIRED BY CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. BUA 3011007538 Endorsement No: 2; Page: 1 of 1 Policy Page: 35 of 69 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Form No: CA 04 44 10 13 Endorsement Effective Date: Policy No: Policy Effective Date: 02/01/2020Endorsement Expiration Date: © Copyright Insurance Services Office, Inc., 2011 This page has been left blank intentionally. Business Auto Policy Policy Endorsement NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If 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 Insurance, and if we cancel a policy term described on that Certificate of Insurance 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. If 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. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. BUA 3011007538 Endorsement No: 22; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Form No: CNA68021XX (02-2013) Endorsement Effective Date: 05/28/2020 Policy No: Policy Effective Date: 02/01/2020Endorsement Expiration Date: © Copyright CNA All Rights Reserved. This page has been left blank intentionally. Business Auto Policy Policy Endorsement 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 Person Or Organization BLANKET ADDITIONAL INSURED WHERE REQUIRED BY CONTRACT 1.In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2.The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the “accident” for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. BUA 3011007538 Endorsement No: 11; Page: 1 of 1 Policy Page: 52 of 69 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Form No: CNA71527XX (10-2012) Endorsement Effective Date: Policy No: Policy Effective Date: 02/01/2020Endorsement Expiration Date: © Copyright CNA All Rights Reserved. This page has been left blank intentionally. POLICY NUMBER INSURED NAME AND ADDRESS B 3011007524 R2 Resource Consultants, Inc. 15250 NE 95TH Street REDMOND, WA 98052 POLICY CHANGES ENDORSEMENT EFFECTIVE 05/29/2020 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. The following Form(s) has (have) been added: Form #: SB147052 Title: BLANKET NOTICE OF CANCELLATION G-56015-B (ED. 11/91) This page has been left blank intentionally. SB146932F (Ed.6-16) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I.Blanket Additional Insured Provisions A.Additional Insured –Blanket Vendors B.Miscellaneous Additional Insureds C.Additional Provisions Pertinent to Additional Insured Coverage 1.Primary –Noncontributory provision 2.Definition of "written contract." II.Liability Extension Coverages A.Bodily Injury –Expanded Definition B.Broad Knowledge of Occurrence C.Estates,Legal Representatives and Spouses D.Legal Liability –Damage to Premises E.Personal and Advertising Injury –Discrimination or Humiliation F.Personal and Advertising Injury –Broadened Eviction G.Waiver of Subrogation -Blanket I.BLANKET ADDITIONAL INSURED PROVISIONS A.ADDITIONAL INSURED –BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor)with whom you agreed under a "written contract"to provide insurance,but only with respect to "bodily injury"or "property damage"arising out of "your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1.The insurance afforded the vendor does not apply to: a."Bodily injury"or "property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b.Any express warranty unauthorized by you; c.Any physical or chemical change in the product made intentionally by the vendor; d.Repackaging,except when unpacked solely for the purpose of inspection,demonstration,testing,or the substitution of parts under instructions from the manufacturer,and then repackaged in the original container; SB146932F (6-16) Page 1 of 7 Copyright,CNA All Rights Reserved.00020002430110075243097 SB146932F (Ed.6-16) e.Any failure to make such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; f.Demonstration,installation,servicing or repair operations,except such operations performed at the vendor's premises in connection with the sale of the product; g.Products which,after distribution or sale by you,have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or h."Bodily injury"or "property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.However,this exclusion does not apply to: (1)The exceptions contained in Subparagraphs d.or f.;or (2)Such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products. 2.This insurance does not apply to any insured person or organization,from whom you have acquired such products,or any ingredient,part or container,entering into,accompanying or containing such products. 3.This provision 2.does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4.This provision 2.does not apply if "bodily injury"or "property damage"included within the "products- completed operations hazard"is excluded either by the provisions of the Policy or by endorsement. B.MISCELLANEOUS ADDITIONAL INSUREDS 1.Who Is An Insured is amended to include as an insured any person or organization (called additional insured)described in paragraphs 3.a.through 3.j.below whom you are required to add as an additional insured on this policy under a "written contract.": 2.However,subject always to the terms and conditions of this policy,including the limits of insurance,we will not provide the additional insured with: a.A higher limit of insurance than required by such "written contract"; b.Coverage broader than required by such "written contract"and in no event greater than that described by the applicable paragraph a.through k.below;or c.Coverage for "bodily injury"or "property damage"included within the "products-completed operations hazard."But this paragraph c.does not apply to the extent coverage for such liability is provided by paragraph 3.j.below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3.Only the following persons or organizations can qualify as additional insureds under this endorsement: a.Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1)such person or organization's financial control of you;or (2)Premises such person or organization owns,maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. SB146932F (6-16) Page 2 of 7 Copyright,CNA All Rights Reserved. SB146932F (Ed.6-16) b.Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for "bodily injury","property damage"or "personal and advertising injury"as co-owner of such premises. c.Grantor of Franchise Any person or organization that has granted a franchise to you,but only with respect to such person or organization's liability for "bodily injury","property damage",or "personal and advertising injury"as grantor of a franchise to you. d.Lessor of Equipment Any person or organization from whom you lease equipment,but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"caused in whole or in part by your maintenance,operation or use of such equipment,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. e.Lessor of Land Any person or organization from whom you lease land,but only with respect to liability for "bodily injury", "property damage"or "personal and advertising injury"arising out of the ownership,maintenance or use of that specific part of the land leased to you,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 insurance hereby afforded to the additional insured 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 you,or such owner or lessor's real estate manager,but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"arising out of the ownership,maintenance or use of such part of the premises leased to you,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 insurance hereby afforded to the additional insured 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 ownership,maintenance,or use of a premises by you. This insurance does not apply to structural alterations,new construction or demolition operations performed by,on behalf of or for such additional insured. h.State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization,but only with respect to such government agency or subdivision or political subdivision's liability for "bodily injury","property damage"or "personal and advertising injury"arising out of: (1)The following hazards in connection with premises you own,rent,or control 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 SB146932F (6-16) Page 3 of 7 Copyright,CNA All Rights Reserved.00020002430110075243098 SB146932F (Ed.6-16) (2)The permitted or authorized operations performed by you or on your behalf.But 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 government 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",we will treat as a "written contract"any governmental permit that requires you to add the governmental entity as an additional insured. i.Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor,presenter or displayer,any person or organization .whom you are 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"cause by: a.Your acts or omissions;or b.Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j.Other Person or Organization Any person or organization who is not an additional insured under paragraphs a.through i.above.Such additional insured is an insured solely for "bodily injury","property damage"or "personal and advertising injury"for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1)For "bodily injury,""property damage,"or "personal and advertising injury"arising out of the rendering or failure to render any professional services; (2)For "bodily injury"or "property damage"included in the "products-completed operations hazard."But this provision (2)does not apply to such "bodily injury"or "property damage"if: (a)It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the "written contract";and (b)The "written contract"requires you to make the person or organization an additional insured for such "bodily injury"or "property damage";or (3)Who is afforded additional insured coverage under another endorsement attached to this policy. C.ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A.and B.above: 1.The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary,excess, contingent or on any other basis.However,if a "written contract"requires that this insurance be either primary or primary and noncontributing,then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. 2.Under Liability and Medical Expense Definitions,the following definition is added: "Written contract"means a written contract or agreement that requires you to make a person or organization an additional insured on this policy,provided the contract or agreement: a.Is currently in effect or becomes effective during the term of this policy;and b.Was executed prior to: SB146932F (6-16) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932F (Ed.6-16) (1)The "bodily injury"or "property damage";or (2)The offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage. II.LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement,then that other endorsement controls with respect to such provision,and the changes made by this endorsement to such provision do not apply. A.Bodily Injury –Expanded Definition Under Liability and Medical Expenses 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 by that person at any time which results as a consequence of the physical injury,sickness or disease. B.Broad Knowledge of Occurrence Under Businessowners Liability Conditions,the Condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amended to add the following: Paragraphs a.and b.above apply to you or to any additional insured only when such "occurrence,"offense,claim or "suit"is known to: (1)You or any additional insured that is an individual; (2)Any partner,if you or an additional insured is a partnership; (3)Any manager,if you or an additional insured is a limited liability company; (4)Any "executive officer"or insurance manager,if you or an additional insured is a corporation; (5)Any trustee,if you or an additional insured is a trust;or (6)Any elected or appointed official,if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C.Estates,Legal Representatives and Spouses The estates,heirs,legal representatives and spouses of any natural person insured shall also be insured under this policy;provided,however,coverage is afforded to such estates,heirs,legal representatives and spouses only for claims arising solely out of their capacity as such and,in the case of a spouse,where such claim seeks damages from marital common property,jointly held property,or property transferred from such natural person insured to such spouse.No coverage is provided for any act,error or omission of an estate,heir,legal representative or spouse outside the scope of such person's capacity as such,provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. D.Legal Liability –Damage To Premises 1.Under B.Exclusions,1.Applicable to Business Liability Coverage,Exclusion k.Damage To Property,is replaced by the following: k.Damage To Property "Property damage"to: 1.Property you own,rent or occupy,including any costs or expenses incurred by you,or any other person,organization or entity,for repair,replacement,enhancement,restoration or maintenance of SB146932F (6-16) Page 5 of 7 Copyright,CNA All Rights Reserved.00020002430110075243099 SB146932F (Ed.6-16) such property for any reason,including prevention of injury to a person or damage to another's property; 2.Premises you sell,give away or abandon,if the "property damage"arises out of any part of those premises; 3.Property loaned to you; 4.Personal property in the care,custody or control of the insured; 5.That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your 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. Paragraph 2 of this exclusion does not apply if the premises are "your work"and were never occupied, rented or held for rental by you. Paragraphs 1,3,and 4,of this exclusion do not apply to "property damage"(other than damage by fire or explosion)to premises: (1)rented to you: (2)temporarily occupied by you with the permission of the owner,or (3)to the contents of premises rented to you 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 Section D – Liability and Medical Expenses Limits of Insurance. 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." 2.Under B.Exclusions,1.Applicable to Business Liability Coverage,the following paragraph is added, and replaces the similar paragraph,if any,beneath paragraph (14)of the exclusion entitled Personal and Advertising injury: Exclusions c,d,e,f,g, h,i,k,l,m,n, and o,do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days.A separate limit of insurance applies to this coverage as described in Section D.Liability And Medical Expenses Limits Of Insurance. 3.The first Paragraph under item 5.Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage"to any one premises,while rented to you or temporarily occupied by you with the permission of the owner,including contents of such premises rented to you for a period of 7 or fewer consecutive days,is the Damage to Premises Rented to You limit shown in the Declaration. E.Personal and Advertising Injury –Discrimination or Humiliation 1.Under Liability and Medical Expenses Definitions,the definition of "personal and advertising injury"is amended to add the following: h.Discrimination or humiliation that results in injury to the feelings or reputation of a natural person,but only if such discrimination or humiliation is: (1)Not done intentionally by or at the direction of: (a)The insured;or SB146932F (6-16) Page 6 of 7 Copyright,CNA All Rights Reserved. SB146932F (Ed.6-16) (b)Any "executive officer,"director,stockholder,partner,member or manager (if you are a limited liability company)of the insured;and (2)Not directly or indirectly related to the employment,prospective employment,past employment or termination of employment of any person or person by any insured. 2.Under B.Exclusions,1.Applicable to Business Liability Coverage,the exclusion entitled Personal and Advertising injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room,Dwelling or Premises Caused by discrimination directly or indirectly related to the sale,rental,lease or sub-lease or prospective sale,rental,lease or sub-lease of any room,dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment,prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3.This provision (Personal and Advertising Injury –Discrimination or Humiliation)does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F.Personal and Advertising Injury -Broadened Eviction Under Liability and Medical Expenses Definitions,the definition of "Personal and advertising injury"is amended to delete Paragraph c.and replace it with the following: c.The wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner,landlord or lessor. G.Waiver of Subrogation –Blanket We waive any right of recovery we may have against: a.Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932F (6-16) Page 7 of 7 Copyright,CNA All Rights Reserved.00020002430110075243100 This page has been left blank intentionally. SB-300000-D (Ed.04/14) BUSINESSOWNERS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage.Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words "you"and "your"refer to the Named Insured shown in the Declarations.The words "we," "us"and "our"refer to the company providing the insurance. The word "insured"means any person or organization qualifying as such under Section C.–Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning.Refer to SECTION F –LIABILITY DEFINITIONS. A.Coverages (c)Prior to the policy period,no insured listed under Paragraph C.1.Who Is1.Business Liability (Bodily Injury,Property An Insured and no "employee"Damage,Personal and Advertising Injury)authorized by you to give or receive notice of an "occurrence"or claim,a.We will pay those sums that the insured knew that the "bodily injury"orbecomeslegallyobligatedtopayasdamages "property damage"had occurred,inbecauseof"bodily injury,""property damage" whole or in part.If such a listedor"personal and advertising injury"to which insured or authorized "employee"this insurance applies.We will have the right knew,prior to the policy period,thatanddutyto defend the insured against any the "bodily injury"or "property"suit"seeking those damages.However,we damage"occurred,then anywillhavenodutyto defend the insured continuation,change or resumption ofagainst any "suit"seeking damages for "bodily such "bodily injury"or "propertyinjury,""property damage"or "personal and damage"during or after the policyadvertisinginjury,"to which this insurance period will be deemed to have beendoesnotapply.We may at our discretion, known before the policy period.investigate any "occurrence"or any offense and settle any claim or "suit"that may result.(2)To "personal and advertising injury"But:caused by an offense arising out of your business,but only if the offense was(1)The amount we will pay for damages is committed in the "coverage territory"limited as described in Section D – during the policy period.Liability And Medical Expenses Limits Of Insurance;and c."Bodily injury"or "property damage"which occurs during the policy period and was not,(2)Our right and duty to defend ends when prior to the policy period,known to havewehave used up the applicable limit of occurred by any insured listed under Sectioninsuranceinthepaymentofjudgmentsor C.1.Who Is An Insured or any "employee"settlements or medical expenses to which authorized by you to give or receive notice ofthisinsuranceapplies. an "occurrence"or claim,includes any No other obligation or liability to pay sums or continuation,change or resumption of "bodily perform acts or services is covered unless injury"or "property damage"after the end of explicitly provided for under Coverage the policy period. Extension –Supplementary Payments. d."Bodily injury"or "property damage"will be b.This insurance applies:deemed to have been known to have occurred at the earliest time when any insured(1)To "bodily injury"and "property damage" listed under Section C.1.Who Is An Insuredonlyif: or any "employee"authorized by you to give (a)The "bodily injury"or "property or receive notice of an "occurrence"or claim: damage"is caused by an (1)Reports all,or any part,of the "bodily"occurrence"that takes place in the injury"or "property damage"to us or any"coverage territory"; other insurer; (b)The "bodily injury"or "property (2)Receives a written or verbal demand ordamage"occurs during the policy claim for damages because of the "bodilyperiod;and injury"or "property damage";or SB-300000-D Page 1 of 16IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission (Ed.04/14)00020002430110075243115 SB-300000-D (Ed.04/14) The Limits of this policy apply separately to each damage to which this insurance may also consecutive annual period and to any remaining apply. period of less than 12 months,starting with the d.No insured will,except at that insured's ownbeginningof the policy period shown in the cost,voluntarily make a payment,assumeDeclarations,unless the policy period is extended any obligation,or incur any expense,otherafterissuanceforanadditionalperiodoflessthanthanforfirstaid,without our consent.12 months.In that case,the additional period will be deemed part of the last preceding period for 3.Financial Responsibility Laws purposes of determining the Limits of Insurance.a.When this policy is certified as proof of E.Businessowners Liability Conditions financial responsibility for the future under the provisions of any motor vehicle financial1.Bankruptcy responsibility law,the insurance provided by Bankruptcy or insolvency of the insured or of the the policy for "bodily injury"liability and insured's estate will not relieve us of our "property damage"liability will comply with the obligations under this policy.provisions of the law to the extent of the coverage and limits of insurance required by2.Duties In The Event Of Occurrence,Offense,that law.Claim Or Suit b.With respect to "mobile equipment"to whicha.You must see to it that we are notified as soon this insurance applies,we will provide anyaspracticableof an "occurrence"or an liability,uninsured motorists,underinsuredoffensewhichmayresultinaclaim.To the motorists,no-fault or other coverage requiredextentpossible,notice should include:by any motor vehicle law.We will provide the required limits for those coverages.(1)How,when and where the "occurrence" or offense took place;4.Legal Action Against Us (2)The names and addresses of any injured No person or organization has a right under thispersonsandwitnesses;and policy: (3)The nature and location of any injury or a.To join us as a party or otherwise bring us intodamagearisingout of the "occurrence"or a "suit"asking for damages from an insured;offense.or b.If a claim is made or "suit"is brought against b.To sue us on this policy unless all of its termsanyinsured,you must:have been fully complied with. (1)Immediately record the specifics of the A person or organization may sue us toclaimor"suit"and the date received;and recover on an agreed settlement or on a final judgment against an insured;but we will not(2)Notify us as soon as practicable. be liable for damages that are not payable You must see to it that we receive written under the terms of this policy or that are in notice of the claim or "suit"as soon as excess of the applicable limit of insurance.An practicable.agreed settlement means a settlement and release of liability signed by us,the insuredc.You and any other involved insured must: and the claimant or the claimant's legal (1)Immediately send us copies of any representative. demands,notices,summonses or legal 5.Separation Of Insuredspapersreceivedinconnectionwiththe claim or "suit";Except with respect to the Limits of Insurance in this policy,and any rights or duties specifically(2)Authorize us to obtain records and other assigned in this policy to the first Named Insured,information; this insurance applies: (3)Cooperate with us in the investigation,or a.As if each Named Insured were the onlysettlementof the claim or defense against Named Insured;andthe"suit";and b.Separately to each insured against whom(4)Assist us,upon our request,in the claim is made or "suit"is brought.enforcement of any right against any person or organization that may be liable to the insured because of injury or SB-300000-D Page 12 of 16IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission (Ed.04/14) SB300176D (Ed.6-16) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ARCHITECTS,ENGINEERS AND SURVEYORS LIABILITY EXTENSION WITH OFFICE POLLUTION LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE OF LIMITS FOR OFFICE PREMISES LIMITED POLLUTION LIABILITY COVERAGE Each Pollution Incident Limit 1,000,000$ Pollution Liability Aggregate Limit 2,000,000$ (If no entries appear in the above Schedule,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) TABLE OF ENDORSEMENT CONTENTS Item #Topic Name Changes to Section A.Coverages 1.Enhanced Supplementary Payments Changes to Section B.Exclusions 2.Extended Property Damage Coverage 3.Contractual Liability for Personal and Advertising Injury 4.Owned Workboats and Non-owned Watercraft 5.Legal Liability –Damage to Premises /Alienated Premises 6.Personal and Advertising Injury –Discrimination or Humiliation 7.Property Damage -Elevators Changes to Section C.Who Is An Insured 8.Extended Coverage For Newly Acquire/Formed Organizations 9.Additional Insureds:State or Political Subdivisions –Permits,State or Political Subdivisions,Controlling Interest,Managers or Lessors of Premises,Mortgagee,Assignee or Receiver,Co-owner of Insured Premises,Lessor of Equipment,Lessor of Land,Trade Show Event Lessor,Engineers,Architects or Surveyors Engaged By You 10.Fellow Employee First Aid 11.Retired Partners,Members, Directors,and Employees 12.Participation in Professional Joint Ventures or in Terminated Joint Ventures,Partnerships or LLCs 13.Blanket Additional Insured with Products-Completed Operations Coverage Additional Insured –Extended Coverage Estates,Representatives and Spouses Blanket Waiver of Subrogation Changes to Section D.Liability and Medical Expenses Limits of Insurance 14.General Aggregate Limit of Insurance –Per Location SB300176D (6-16) Page 1 of 16 Copyright,CNA All Rights Reserved. SB300176D (Ed.6-16) Changes to Section E.Businessowners Liability Conditions 15.Broad Knowledge /Notice of Occurrence Changes to Section F.Liability And Medical Expenses Definitions 16.Extended Bodily Injury 17.Contractual Liability –Railroads Additional Insuring Agreements 18.Office Premises -Limited Pollution Liability Coverage 1.Enhanced Supplementary Payments The values shown in paragraph 1.f.,Coverage Extension –Supplementary Payments,of Section A.Coverages are amended as follows: A.The amount shown in paragraph (b)for bail bonds is amended from $1,000 to $5,000. B.The amount shown in paragraph (d)for actual loss of earnings because of time off work is amended from $250. per day to $1,000.per day. 2.Extended Property Damage Exclusion 1.a.,Expected or Intended Injury,of Section B.Exclusions Applicable to Business Liability Coverage, is deleted and replaced with the following: This insurance does not apply to: a."Bodily injury"or "property damage"expected or intended from the standpoint of the insured.This exclusion does not apply to "bodily injury"or "property damage"resulting from the use of reasonable force to protect persons or property. 3.Contractual Liability for Personal and Advertising Injury Exclusion 1.p.(5)of Section B.Exclusions Applicable to Business Liability Coverage,is deleted. 4.Owned Workboats and Non-owned Watercraft Under Exclusions,the paragraph entitled Applicable to Business Liability Coverage is amended to make the following changes to the exclusion entitled Aircraft,Auto or Watercraft: a.Add the following additional exception to the exclusion: This exclusion does not apply to: •Any watercraft owned by you that is less than 30 feet long while being used in the course of your inspection or surveying work. b.Delete exception (3)and replace it with the following: This exclusion does not apply to: (3)A watercraft you do not own that is: (a)Less than 75 feet long;and (b)Not being used to carry persons or property for a charge. 5.Legal Liability –Damage to Premises /Alienated Premises A.Under Exclusions,the paragraph entitled Applicable to Business Liability Coverage is amended to delete the first two exception statements beneath the exclusion entitled Damage to Property and replace them with the following: SB300176D (6-16) Page 2 of 16 Copyright,CNA All Rights Reserved.00020002430110075243134 SB300176D (Ed.6-16) Paragraphs (1),(3)and (4)of this exclusion do not apply to "property damage"(other than damage by fire or explosion)to premises rented to you or temporarily occupied by you with the permission of the owner,nor to the contents of premises rented to you 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 Liability And Medical Expenses Limits of Insurance. Paragraph (2)of this exclusion does not apply if the premises are "your work." B.Under Exclusions,the paragraph entitled Applicable to Business Liability Coverage is amended to delete the unnumbered exception statement beneath exclusion p.,and replace it with the following: Exclusions c.through i.and k.through o.do not apply to damage by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner,nor to damage to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Liability And Medical Expenses Limits of Insurance. 6.Personal and Advertising Injury –Discrimination or Humiliation A.Under Liability And Medical Expenses 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 Exclusions,the paragraph entitled Applicable to Business Liability Coverage is amended to make the following changes to the exclusion entitled Personal And Advertising Injury to: 1.Delete its subparagraph (1)and replace it with the following: This insurance does not apply to: "Personal and advertising injury": (1)Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury."This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person,but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a)You;or (b)Any of your "executive officers",directors,stockholders,partners or member or (if you are a limited liability company)your managers. 2.Add the following new exclusions: This insurance does not apply to: •Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment,prospective employment, past employment or termination of employment of any person by any insured. •Premises Related Discrimination Discrimination or humiliation arising out of the sale,rental,lease or sub-lease or prospective sale,rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any insured. Notwithstanding the above,there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this Personal and Advertising Injury –Discrimination or Humiliation provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. SB300176D (6-16) Page 3 of 16 Copyright,CNA All Rights Reserved. SB300176D (Ed.6-16) 7.Property Damage –Elevators Under Exclusions,the paragraph entitled Applicable to Business Liability Coverage is amended to add the following additional exception statement beneath the exclusion entitled Damage to Property: Paragraphs (3),(4),and (6)of this exclusion do not apply to "property damage"that results from the use of elevators. 8.Extended Coverage For Newly Acquire/Formed Organizations Who Is An Insured is amended to delete Paragraph 4.a.. 9.Additional Insureds Section C.Who Is An Insured is amended to include the following additional insureds,subject to the provisions stated below: A.State or Political Subdivisions –Permits 1.This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2.This insurance does not apply to: a."Bodily injury,""property damage,""personal and advertising injury"arising out of operations performed for the state or municipality;or b."Bodily injury"or "property damage"included within the "products-competed operations hazard." B.State or Political Subdivisions A state or political subdivision subject to the following provisions: 1.This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own,rent,or control 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. 2.This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury,""property damage"or personal and advertising injury"arising out of operations performed for the state or municipality. C.Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: 1.Their financial control of you; 2.Premises they own,maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations,new construction and demolition operations performed by or for such additional insured. D.Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership,maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: 1.Any "occurrence"which takes place after you cease to be a tenant in that premises;or 2.Structural alterations,new construction or demolition operations performed by or on behalf of such additional insured. SB300176D (6-16) Page 4 of 16 Copyright,CNA All Rights Reserved.00020002430110075243135 SB300176D (Ed.6-16) E.Mortgagee,Assignee or Receiver A mortgagee,assignee or receiver but only with respect to their liability as mortgagee,assignee,or receiver and arising out of the ownership,maintenance,or use of a premises by you. This insurance does not apply to structural alterations,new construction or demolition operations performed by or for such additional insured. F.Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co- owners liability as co-owner of such premises. G.Lessor of Equipment Any person or organization from whom you lease equipment.Such person or organization are insureds only with respect to their liability arising out of the maintenance,operation or use by you of equipment leased to you by such person or organization.A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded,these additional insureds,the following additional exclusions apply: This insurance does not apply: 1.To any "occurrence"which takes place after the equipment lease expires;or 2.To "bodily injury,""property damage"or "personal and advertising injury"arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs A.through G.above does not apply to "bodily injury"or "property damage"included within the "products-completed-operations hazard." H.Lessor of Land Any person or organization from whom you lease land,but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"arising out of the ownership,maintenance or use of such land, provided that the "occurrence"giving rise to such "bodily injury"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,or on behalf of,such additional insured. I.Trade Show Event Lessor 1.With respect to your participation in a trade show event as an exhibitor,presenter or displayer,any person or organization whom you are 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.Your acts or omissions;or b.Acts or omissions of those acting on your behalf; In the performance of your ongoing operations at a trade show event premises during the trade show event. 2.The coverage provided by this provision does not apply to "bodily injury"or "property damage"included within the "products-completed operations hazard." J.Engineers,Architects or Surveyors Engaged By You An architect,engineer or surveyor engaged by you,but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"caused in whole or in part by your acts or omissions,or the acts or omissions of others acting on your behalf: a.In connection with your premises;or b.In the performance of your ongoing operations. SB300176D (6-16) Page 5 of 16 Copyright,CNA All Rights Reserved. SB300176D (Ed.6-16) 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 or failure to render any professional services by you or on your behalf,including but not limited to: 1.The preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions,reports,surveys, field orders,change orders,or drawings and specifications;or 2.Supervisory,inspection,architectural or engineering activities. 10.Fellow Employee First Aid Paragraph 2.a.(1)(d)of Section C.Who Is An Insured is deleted and replaced with the following: However none of these "employees"is an insured for: (d)"Bodily injury"or "personal and advertising injury"arising out of his or her providing or failing to provide professional health care services. However this restriction does not apply to first aid administered by an "employee"who is not an employed doctor or nurse. 11.Retired Partners,Members, Directors,and Employees Paragraph 2.of Section C.Who Is An Insured is amended to include the following as insureds: Individual persons who are retired partners,members,directors or employees are also insureds,but only for "bodily injury,""property damage,""personal and advertising injury"that results from services performed for you under your direct supervision.All limitations that apply to "employees"and "volunteer workers"also apply to anyone qualifying as an insured under this provision. 12.Participation in Professional Joint Ventures A.The following paragraph 5.is added to Section C.Who Is An Insured: 5.You are also an insured for your participation in a past or present 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 your co-venturers are architectural,engineering or surveying firms; b.The joint venture has no direct employees;and c.The joint venture does not own,rent or lease any real or personal property. However,you are insured only for the conduct of your business within such a joint venture.You are not insured for liability arising out of the acts or omissions of other co-venturers,nor of their partners,members or employees. This insurance is excess over any other insurance available to such a joint venture,whether primary,excess, contingent,or on any other basis. B.The last paragraph of Section C.Who Is An Insured is deleted and replaced by the following: Except as provided in 5.above,no person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 13.Blanket Additional Insured with Products-Completed Operations Coverage and Blanket Waiver of Subrogation A.Who Is An Insured is amended to include as an insured,any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement,but the written contract or written agreement must be: 1.Currently in effect or becoming effective during the term of this policy;and 2.Executed prior to the: a."Bodily injury"or "property damage";or b.Offense that caused the "personal and advertising injury;" for which the additional insured seeks coverage. SB300176D (6-16) Page 6 of 16 Copyright,CNA All Rights Reserved.00020002430110075243136 SB300176D (Ed.6-16) B.The insurance provided to the additional insured is limited as follows: 1.That person or organization is an additional insured only with respect to such person or organization's liability for: a."Bodily injury","property damage"or "personal and advertising injury to the extent caused by: (1)Your acts or omissions;or (2)Acts or omissions of those acting on your behalf; in the performance of your ongoing operations specified in the written contract;or b."Bodily injury"or "property damage"to the extent caused by "your work"specified in the written contract or written agreement and included in the "products-completed operations hazard",but only if: (1)The written contract or written agreement requires you to provide the additional insured such coverage;and (2)This Coverage Part provides such coverage. 2.The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy,whichever is less.These limits of Insurance are inclusive of,and not in addition to,the Limits of Insurance shown in the Declarations. 3.The insurance provided to the additional insured does not apply to "bodily injury,""property damage," "personal and advertising injury"arising out of an architect's,engineer's,or surveyor's rendering of or failure to render any professional services,including: a.The preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports, surveys,field orders,change orders or drawings and specifications by any architect,engineer or surveyor performing services on a project of which you serve as a construction manager;or b.Inspection,supervision,quality control,engineering or architectural services done by you on a project of which you serve as construction manager. 4.This insurance provided to the additional insured does not apply to "bodily injury,""property damage,"or "personal and advertising injury"arising out of construction or demolition work while you are acting as a construction or demolition contractor. C.Under Businessowners Liability Conditions,the condition entitled Duties in the Event of Occurrence, Offense,Claim or Suit is amended to add the following: An additional insured under this policy will as soon as practicable: 1.Give written notice of an occurrence or an offense to us which may result in a claim or "suit"under this insurance; 2.Tender the defense and indemnity of any claim or "suit"to us for a loss we cover under this Coverage Part; 3.Except as provided for in paragraph D.2.below: a.Tender the defense and indemnity of any claim or "suit"to any other insurer which also has insurance for a loss we cover under this Coverage Part;and b.Agree to make available any other insurance which the additional insured has for a loss we cover under this coverage part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit"from the additional insured. D.With respect only to the insurance provided by this endorsement,the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2.and 3.,and replace them with the following: 2.This insurance is excess over any other insurance available to the additional insured, whether primary, excess,contingent or on any other basis.But if required by the written contract or written agreement,this SB300176D (6-16) Page 7 of 16 Copyright,CNA All Rights Reserved. SB300176D (Ed.6-16) insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3.When this insurance is excess,we will have no duty under Business Liability insurance to defend the additional insured against any "suit"if any other insurer has a duty to defend the additional insured against that "suit"if no other insurer defends,we will undertake to do so,but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any,that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss,if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E.Additional Insured –Extended Coverage When an additional insured is added by this or any other endorsement attached to this Coverage Part,Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a.An individual,then his or her spouse is an insured; b.A partnership or joint venture,then its partners,members and their spouses are insureds; c.A limited liability company,then its members and managers are insureds;or d.An organization other than a partnership,joint venture or limited liability company,then its executive officers, directors and shareholders are additional insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions,and only with respect to their respective roles within their organizations. Please see the Estates,Legal Representatives and Spouses provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person insureds. F.Estates,Legal Representatives and Spouses The estates,heirs,legal representatives and spouses of any natural person insured shall also be insured under this policy;provided,however,coverage is afforded to such estates,heirs,legal representatives and spouses only for claims arising solely out of their capacity as such and,in the case of a spouse,where such claim seeks damages from marital common property,jointly held property,or property transferred from such natural person insured to such spouse.No coverage is provided for any act,error or omission of an estate,heir,legal representative or spouse outside the scope of such person's capacity as such,provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. G.Blanket Waiver of Subrogation The condition entitled Transfer of Rights of Recovery Against Others To Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraph 2.and replace it with the following: 2.We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included within the "products-completed operations hazard." SB300176D (6-16) Page 8 of 16 Copyright,CNA All Rights Reserved.00020002430110075243137 SB300176D (Ed.6-16) 14.Amendment-Aggregate Limits of Insurance (Per Project) A.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"under Coverage A.1.,and for all medical expenses caused by accidents under Coverage A.2.,which can be attributed only to ongoing operations at a single construction project: 1.A separate Construction Project General Aggregate limit applies to each construction project.The Construction Project General Aggregate limit is equal to the amount of the General Aggregate limit shown in the Declarations. 2.The Construction Project General Aggregate limit is the most we will pay for the sum of all damages payable under Coverage A.1.,except damages because of "bodily injury"or "property damage"included in the "products-completed operations hazard,"and for medical expenses payable under Coverage A.2.regardless of the number of: a.Insureds; b.Claims made or "suits"brought;or c.Persons or organizations making claims or bringing "suits." 3.Any payments made under Coverage A.1.for damages or under Coverage A.2.for medical expenses shall reduce the Construction Project General Aggregate limit for the applicable construction project.Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any Construction Project General Aggregate limit applicable to other construction projects. 4.The limits shown in the Declarations for Liability and Medical Expenses,Damage to Premises Rented to You, and Medical Expenses continue to apply.However,instead of being subject to the General Aggregate limit shown in the Declarations,such limits will be subject to the applicable Construction Project General Aggregate limit. B.All: 1.Damages because of "personal and advertising injury",regardless of the number of construction projects involved; 2.Damages under Coverage A.1.which cannot be attributed solely to ongoing operations at a single construction project,except damages because of "bodily injury"or "property damage"included in the "products-completed operations hazard";and 3.Medical expenses under Coverage A.2.caused by accidents which cannot be attributed solely to ongoing operations at a single construction project; will reduce the General Aggregate Limit shown in the Declarations,and shall not reduce any Construction Project General Aggregate Limit. C.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"will reduce the Products/Completed Operations Aggregate limit,and not reduce the General Aggregate limit nor any Construction Project General Aggregate limit. D.If a construction project has been abandoned,delayed,or abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs,specifications or timetables,the project will still be deemed to be the same construction project. E.The provisions of the Limits Of Insurance section not otherwise modified by this endorsement shall continue to apply as stipulated. SB300176D (6-16) Page 9 of 16 Copyright,CNA All Rights Reserved. SB300176D (Ed.6-16) 15.Broad Knowledge /Notice of Occurrence Under Businessowners Liability Conditions,the condition entitled Duties in The Event of Occurrence,Offense, Claim or Suit is amended to add the following provisions: A.BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an "occurrence",offense,claim or "suit"only when the "occurrence",offense,claim or "suit"is known to a natural person Named Insured,to a partner,executive officer, manager or member of a Named Insured,or to an "employee"designated by any of the above to give such notice. B.NOTICE OF OCCURRENCE Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence",offense, claim or "suit",and that failure is solely due to your reasonable belief that the "bodily injury"or "property damage" is not covered under this Coverage Part.However,you shall give written notice of such "occurrence",offense, claim or "suit"to us as soon as you are aware that this insurance may apply to such "occurrence",offense,claim or "suit." 16.Extended Bodily Injury Under Liability And Medical Expenses Definitions,the definition of "Bodily injury,"is deleted and replaced with the following: "Bodily Injury"means physical injury,sickness or disease sustained by a person,including death,humiliation,shock, mental injury or mental anguish sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 17.Contractual Liability –Railroads Under Liability And Medical Expenses Definitions,and with respect only to operations performed within 50 feet of railroad property,the definition of "insured contract"is deleted and replaced by the following: "Insured contract"means: a.A contract for a lease of premises.However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by 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 your business (including an indemnification of a municipality in connection with work performed for a municipality)under which you assume 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: (1)That indemnifies an architect,engineer or surveyor for injury or damage arising out of: a.Preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports, surveys,field orders,change orders or drawings and specifications;or b.Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage. (2)Under which the insured,if an architect,engineer or surveyor,assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services,including those listed in paragraph (1)above and supervisory,inspection,architectural or engineering activities. SB300176D (6-16) Page 10 of 16 Copyright,CNA All Rights Reserved.00020002430110075243138 SB300176D (Ed.6-16) 18.Office Premises Limited Pollution Coverage This Office Premises Limited Pollution Coverage section of the Architects,Engineers and Surveyors Extension endorsement modifies several portions of the Businessowners Liability Coverage Form.These modifications apply only to the coverage provided by this section of the endorsement. A.The following paragraph 3.is added to SECTION A.COVERAGES: 3.Office Premises Limited Pollution Coverage a.Insuring Agreement (1)We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury"or "property damage"which directly results from a covered "pollution incident"to which this insurance applies.We will have the right and duty to defend any "suit"seeking those damages, even if any allegations of the "suit"are groundless,false or fraudulent.We may at our discretion investigate any "pollution incident"and settle any claim or "suit"that may result.But: (a)The amount we will pay for damages is limited as described in SECTION D.Liability And Medical Expenses Limits Of Insurance as amended by this endorsement;and (b)Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. (c)We have no duty to defend "suits"seeking damages not covered by this endorsement. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under paragraph 1.e.Coverage Extension –Supplementary Payments of SECTION A.as amended by this section of the endorsement. (2)We will also reimburse you for "preventive remedial expense"that directly results from a covered "pollution incident"to which this insurance applies. We will reimburse you up to $25,000 per annual policy period for all "preventive remedial expense" directly resulting from all covered "pollution incidents,"subject to a deductible of $5,000 per covered "pollution incident."This annual limit is in addition to the per incident deductible,and is in addition to the Pollution Liability Aggregate Limit described in SECTION D.Liability And Medical Expenses Limits Of Insurance as amended by this endorsement. This "preventive remedial expense"coverage does not apply to expenses that are covered by any other insurance available to the insured. (3)This insurance applies to "bodily injury,""property damage"or "preventive remedial expense"at,on or from "your office premises"only if: (a)The "bodily injury" directly results from a "pollution incident"that happens entirely above-ground at or from "your office premises";or (b)The "property damage"occurs off of "your office premises"and directly results from a "pollution incident"that happens entirely above-ground at or from "your office premises";or (c)The "preventive remedial expense"directly results from a "pollution incident"that happens entirely above-ground on "your office premises"and does not result in any covered "bodily injury" or "property damage;and (d)The "pollution incident": (i)is demonstrable as commencing and ending within 72 hours; (ii)is accidental; (iii)"commences during the policy period";and (iv)happens in the "coverage territory." SB300176D (6-16) Page 11 of 16 Copyright,CNA All Rights Reserved. SB300176D (Ed.6-16) (4)Commences during the "policy period"means that the first emission,discharge,release or escape of the "pollutant"or "pollutants"from which the "bodily injury"or "property damage"arises is demonstrable as having occurred during this policy period. (5)All "bodily injury"or "property damage"resulting from one "pollution incident"shall be deemed to have occurred only at the commencement date of the covered "pollution incident." (6)The insured's responsibility to pay damages because of "bodily injury"or "property damage"must be determined in a "suit"on the merits in the "coverage territory"or in a settlement we agree to. (7)Damages because of "bodily injury"include damages claimed by any person or organization for care, loss of services,or death resulting from the "bodily injury." B.SECTION B.EXCLUSIONS is deleted and replaced by the following: This insurance does not apply to: a."Bodily injury,""property damage"or "preventive remedial expense"expected or reasonably foreseeable from the standpoint of the insured. b."Bodily injury,""property damage"or "preventive remedial expense"arising out of a "pollution incident"which is a repeat or resumption of a previous "pollution incident"involving the same pollutant from essentially the same source within the previous twelve (12)months,at the same premises. c."Bodily injury"or "property damage"for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. d.Any obligation of the insured under a workers'compensation,disability benefits or unemployment compensation law or any similar law. e."Bodily injury"to: (1)An employee of the insured arising out of and in the course of: (i)employment by the insured;or (ii)performing duties related to the conduct of the insured's business. (2)The spouse,child,parent,brother or sister of that employee as a consequence of (1)above. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other capacity;and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. f."Property damage"to (1)A "waste facility"to which waste from the operations of an insured is consigned; (2)Property you own,rent,or occupy now or at any time in the past; (3)Premises you sell,give away or abandon,if the "property damage"arises out of any part of those premises; (4)Property loaned to an insured;or (5)Personal property in care,custody or control of an insured. Paragraph (2)of this exclusion f.does not apply to "preventive remedial expense"at property you own,rent or occupy now. g."Bodily injury"at or from a "waste facility"to which waste from the operation of an insured is consigned. h."Bodily injury,""property damage"or "preventive remedial expense"arising out of a "pollution incident"at or from a "waste facility"which is on "your office premises." SB300176D (6-16) Page 12 of 16 Copyright,CNA All Rights Reserved.00020002430110075243139 SB300176D (Ed.6-16) i."Bodily injury"or "property damage"included within the "products-completed operations hazard." j."Bodily injury"or "property damage"arising out of the ownership or operation of any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 1978 or the Clean Water Act of 1977 as amended 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as may be amended. k."Bodily injury"or "property damage"arising out of heat,smoke or fumes from a hostile fire at any premises, site or location which is or was at any time owned or occupied by or rented or loaned to any insured. As used in this exclusion,a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. l."Bodily injury"or "property damage"arising out of the ownership,maintenance,use or entrustment to others of any aircraft,"auto,"rolling stock or watercraft owned or operated by or rented or loaned to any insured.Use includes operation and "loading or unloading." This exclusion does not apply to "bodily injury"or "property damage"arising out of parking an "auto"on,or on the ways next to,premises you own or rent,provided the "auto"is not owned by or rented or loaned to you or the insured. m."Bodily injury"or "property damage"arising out of the emission,discharge,release or escape of drilling fluid, oil,gas or other fluids from any oil,gas,mineral,water or geothermal well. n."Bodily injury,""property damage"or "preventive remedial expense"arising out of a "pollution incident"which results from or is directly or indirectly attributable to failure to comply with any applicable statute,regulation, ordinance,directive or order relating to the protection of the environment and promulgated by any governmental body,provided that failure to comply is a willful or deliberate act or omission of: (1)The insured;or (2)You or any of your members,partners,executive officers or managers of limited liability companies. o."Bodily injury,""property damage"or "preventive remedial expense"arising out of acid rain. p.Any loss,cost or expense arising out of any request, demand or order by a governmental authority that any insured or others test for,monitor,clean-up,remove,contain,treat,detoxify or neutralize,or in any way respond to,or assess the effects of "pollutants"at any site which is included on an EPA or state environmental agency priority clean-up list prior to the "pollution incident." q."Bodily injury,""property damage"or "preventive remedial expense"arising out of a "pollution incident"which results from failure of air or waste water pollution control equipment. r."Bodily injury,""property damage"or "preventive remedial expense"resulting from the "hazardous properties" of "nuclear material." As used in this exclusion: "Hazardous properties"includes radioactive,toxic,or explosive properties; "Nuclear material"means "source material,""special nuclear material,"or "by-product material"; "Source material,""special nuclear material,"and "by-product material"have the meanings given them in the Atomic Energy Act of 1954,or in any law amendatory thereof. s."Bodily injury,""property damage"or "preventive remedial expense"arising out of a "pollution incident"from any insured's premises that was used by that insured for the storage,disposal,processing or treatment of waste materials and was: (1)Sealed off,closed,abandoned or alienated prior to the effective date of this policy;or (2)Sealed off or closed subject to statute,ordinance or governmental regulation or directive requiring maintenance or monitoring during or after sealing off or closure. t."Bodily injury,""property damage"or "preventive remedial expense"arising out of waste derived from medical services,procedures,testing or research,and which could potentially transmit disease. SB300176D (6-16) Page 13 of 16 Copyright,CNA All Rights Reserved. SB300176D (Ed.6-16) u.Any multiple damages,"punitive or exemplary damages"or fines or penalties.However,if a "suit"is brought against the insured with respect to a claim for acts or alleged acts falling within the coverage hereof,seeking both compensatory and "punitive or exemplary"damages,then we will afford a defense to such action, without liability for such "punitive or exemplary damages." This exclusion does not apply to "suits"brought in the state of Texas. v."Bodily injury,""property damage"or "preventive remedial expense"arising out of: (1)the actual,alleged or threatened exposure at any time to asbestos or any loss,cost,or expense that may be awarded or incurred by reason of a claim or "suit"for such injury or damage;or (2)complying with a governmental direction or request to test for,monitor,clean-up,remove,contain,or dispose of asbestos. Asbestos means the mineral in any form whether or not the asbestos was at any time: (1)Airborne as a fiber, particle,or dust; (2)Contained in or formed a part of a product,structure,or other real or personal property; (3)Carried on clothing; (4)Inhaled or ingested;or (5)Transmitted by any other means. w."Bodily injury"or "property damage"arising out of: (1)The transportation of "mobile equipment"by "auto"owned or operated by or rented or loaned to any insured;or (2)The use of "mobile equipment"in,or while in practice or preparation for,a prearranged racing,speed or demolition contest or in any stunting activity. x.Any loss,cost or expense arising out of any: (1)Request,demand,order or statutory or regulatory requirement that any insured or others test for,monitor, clean up,remove,contain,treat,detoxify or neutralize,or in any way respond to,or assess the effects of "pollutants";or (2)Claim or suit by or on behalf of a governmental authority for damages because of testing for,monitoring, cleaning up,removing,containing,treating,detoxifying or neutralizing,or in any way responding to,or assessing the effects of "pollutants." However,this exclusion does not apply to liability for damages because of "property damage"that is not otherwise excluded by this coverage,Office Premises Limited Pollution Coverage,unless the request, demand,order or statutory or regulatory requirement or claim or "suit"is solely by or on behalf of a governmental authority. C.Paragraph 2.b.(1)of Medical Expenses,of SECTION A.Coverages is deleted and replaced by the following: (1)Expenses incurred by the insured for first aid to others at the time of a "pollution incident"for "bodily injury"to which this insurance applies. D.SECTION C.WHO IS AN INSURED is amended as follows: 1.The following subparagraph d.is added to paragraph 4.of SECTION C.WHO IS AN INSURED: d.Coverage 4.,Office Premises Limited Pollution Coverage,does not apply to "bodily injury"or "property damage"arising out of "pollution incidents"that occurred before you acquired or formed the organization. 2.The following additional paragraph is added at the end of SECTION C.WHO IS AN INSURED: No person or organization identified as an insured on any endorsement now or hereafter attached to this Coverage Part is an insured with respect to COVERAGE 4.,Office Premises Limited Pollution Coverage, unless that endorsement specifically references Office Premises Limited Pollution Coverage by name. SB300176D (6-16) Page 14 of 16 Copyright,CNA All Rights Reserved.00020002430110075243140 SB300176D (Ed.6-16) E.SECTION D.Liability And Medical Expenses Limits Of Insurance is deleted and replaced by the following: LIMITS OF INSURANCE 1.The Limits of Insurance described in this endorsement's Schedule of Limits for Office Premises Limited Pollution Coverage,and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits"brought;or c.Persons or organizations making claims or bringing "suits." 2.The Pollution Liability Aggregate Limit is the most we will pay for all damages because of all "bodily injury" and "property damage"directly resulting from all "pollution incidents"to which Office Premises Limited Pollution Coverage applies. 3.Subject to 2.above,the Each Pollution Incident Limit shown in the Schedule is the most we will pay for the sum of all damages because of "bodily injury"and "property damage"directly resulting from any one "pollution incident"to which Office Premises Limited Pollution Coverage applies. 4.The Limits of Insurance of this Office Premises Limited Pollution Coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months,starting with the beginning of the policy period shown in the Declarations,unless the policy period is extended after issuance for an additional period of less than 12 months.In that case,the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. 5.The Limits of Insurance for this Office Premises Limited Pollution Coverage are separate from and not subject to the General Aggregate Limit for COVERAGE 1.Business Liability. 6.The Limits of Insurance for this Office Premises Limited Pollution Coverage shall not be amended by any endorsement attached to this policy which does not specifically reference Office Premises Limited Pollution Coverage. F.SECTION E.BUSINESSOWNERS GENERAL LIABILITY CONDITIONS is amended as follows: 1.Condition 2.a.is replaced by the following: 2.Duties In The Event of Pollution Incident,Claim or Suit. a.You must see to it that we are notified as soon as practicable of a "pollution incident"that may result in a claim.To the extent possible,notice should include: (1)How,when,and where the "pollution incident"took place; (2)The names and addresses of any injured persons and witnesses;and (3)The nature and location of any release,and of any injury or damage arising out of the "pollution incident." 2.The following Condition is added: Remediation of Insured's Premises a.Except for "preventive remedial expense"as described in paragraph 4.a.(2)of SECTION A. COVERAGES,this policy's Office Premises Limited Pollution Coverage doesn't provide coverage for clean-up of "your premises."If a "pollution incident"happens on "your premises"that poses imminent and substantial danger of "bodily injury"or "property damage"to which this insurance applies,you must promptly take at your own expense all reasonable steps to curtail or prevent covered "bodily injury"or "property damage"from happening. b.If,in defiance of the intent of this policy,we are ever compelled by court or governmental order to pay to clean up part or all of "your premises,"you agree to reimburse us for all such costs. SB300176D (6-16) Page 15 of 16 Copyright,CNA All Rights Reserved. SB300176D (Ed.6-16) G.SECTION H.OTHER INSURANCE of the Businessowners Common Policy Conditions is amended to add the following paragraph 4.: 4.This condition does not apply to coverage afforded under Insuring Agreement a.(2)of Coverage 4.Office Premises Limited Pollution Coverage. H.SECTION F.LIABILITY AND MEDICAL EXPENSES DEFINITIONS is amended to include the following definitions: "Commences during the policy period"means that the first emission,discharge,release or escape of the "pollutant"or "pollutants"from which the "bodily injury"or "property damage"arises is demonstrable as having occurred during this policy period. "Pollution incident"means the emission,discharge,release,or escape of "pollutants,"provided that such emission,discharge,release,or escape results in the injurious presence of "pollutants"in or upon land,the atmosphere,interior of a building or any water course,body of water or ground water.A series of related emissions,discharges,releases or escapes of "pollutants"will be deemed to be one "pollution incident." "Pollutants"means any solid,liquid,gaseous or thermal irritant or contaminant,including smoke,vapor,soot, fumes,acids,alkalis,chemicals and waste.Waste includes materials to be recycled,reconditioned or reclaimed. "Preventive remedial expense"means expenses incurred by you for the removal or neutralization of "pollutants" on "your office premises",directly resulting from a covered "pollution incident." "Punitive or exemplary damages"means those damages imposed to punish a wrongdoer and to deter others from similar conduct." "Waste facility"means any site to which waste is delivered for storage,disposal,processing or treatment, whether or not such site is licensed by a governmental authority to perform such storage,disposal,processing or treatment. "Your office premises"means "locations"you own,rent or occupy for general office purposes."Your office premises"does not mean storage yards,nor land held for speculation or development,even if such yards or land adjoin your office building."Your office premises"does not mean premises you live in.For the purpose of this definition,"location"means 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. All other terms and conditions of the Policy remain unchanged. SB300176D (6-16) Page 16 of 16 Copyright,CNA All Rights Reserved.00020002430110075243141 Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. WC 6 46011623 Endorsement No: 2; Page: 1 of 1 Policy Page: 28 of 40 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: G-19160-B (11-1997) Endorsement Effective Date: Policy No: Policy Effective Date: Endorsement Expiration Date: © Copyright CNA All Rights Reserved. This page has been left blank intentionally.