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2016-Graham Construction - SID #195SUGGESTED FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between CITY OF BLAIR and GRAHAM CONSTRUCTION, INC. Owner and Contractor hereby agree as follows: ARTICLE 1 — WORK DIJY\-'.r (Owner) (Contractor). 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: A. The work described in these SPECIFICATIONS shall consist of the construction of Grading, Storm Sewer, Paving and all related appurtenances as shown on the DRAWINGS and as described herein. ARTICLE 2 — THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 19TH AVENUE PUBLIC IMPROVEMENTS ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Lamp Rynearson and Associates (Engineer), which is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within 60 calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and sempleted and ready for final payment In with PaFagraph 14.07 ef the General Conditions withiR days after the date when the GentraGt Times GOMmenGe to r61R. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-1 A-1 General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1,000 for each calendar day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. , if GontraGtGr expires afteF the time SpeGified 'R RaFagFaph 4.02 above f0F GGMpletie—n A—nd- Feadiness feF final paymeRt URN the WeFk is nmmpleted and ready far final . I oaf r ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraph 5.01.A below: A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity of that item: ITEM NO. DESCRIPTION APPROXIMATE QUANTITY UNIT PRICE AMOUNT 1 CLEARING AND GRUBBING GENERAL 1 LS $27,000.00 $27,000.00 2 SAW CUT - FULL DEPTH 90 LF $10.00 $900.00 3 REMOVE 15" OR SMALLER STORM SEWER PIPE 60 LF $25.00 $1,500.00 4 REMOVE CURB AND GUTTER 90 LF $15.00 $1,350.00 5 COMMON EARTH EXCAVATION 355 CY $10.00 $3,550.00 6 CONSTRUCT 18" R.C.P., CLASS III 160 LF $65.00 $10,400.00 7 CONSTRUCT 24" R.C.P., CLASS III 160 LF $72.00 $11,520.00 8 CONSTRUCT CURB INLET -TYPE 1 2 EA $4,500.00 $9,000.00 9 CONSTRUCT CONNECTION TO EXISTING CURB INLET 1 EA $20,000.00 $20,000.00 10 CONSTRUCT 54" I.D. STORM SEWER MANHOLE 31 VF $750.00 $23,250.00 11 STABILIZE TRENCH WITH CRUSHED LIMESTONE 30 TN $34.70 $1,041.00 12 8" CONCRETE PAVEMENT - TYPE L65 2,250 SY $51.00 $114,750.00 13 CONSTRUCT THICKENED EDGE PAVEMENT 90 LF $10.00 $900.00 14 CONCRETE HEADER 25 LF $12.00 $300.00 15 CONSTRUCT END OF STREET BARRICADE 1 EA $1,000.00 $1,000.00 16 INSTALL PERMANENT PREFORMED TAPE MARKING - 5" YELLOW 80 LF $10.50 $840.00 17 INSTALL PERMANENT PREFORMED TAPE MARKING - 5" WHITE 80 LF $10.50 $840.00 18 INSTALL PERMANENT PREFORMED TAPE SYMBOL - WHITE TURN ARROW 1 EA $750.00 $750.00 19 SEEDING -TYPE B 1 AC $1,650.00 $1,650.00 EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-2 A-2 ITEM NO. DESCRIPTION APPROXIMATE QUANTITY UNIT PRICE AMOUNT 20 MULCHING 1 AC $750.00 $750.00 21 CONSTRUCT SILT FENCE 200 LF $3.50 $700.00 22 CLEANOUT SILT FENCE 200 LF $1.50 $300.00 23 REMOVE SILT FENCE 200 LF $2.50 $500.00 24 INSTALL CURB INLET PROTECTION 4 EA $250.00 $1,000.00 TOTAL CONTRACT AMOUNT $233,791.00 TOTAL OF ALL CONTRACT PRICES TWO HUNDRED THIRTY-THREE THOUSAND, SEVEN (use words and figures) HUNDRED NINETY-ONE AND NO/100 DOLLARS ($233,791.00) The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Each month Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer. on or about the _ da of -ea payments will be measured by the sGhedule of values establishedd . . q PaFagFaph UR46 GOMpleted) or, in the event there IS RG GGhedwle of values, as provided 'R the General. Rona iiromeRtS 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. a. 90 percent of Work completed (with the balance being retainage). if the Work hAc hoon 50 pe. _ent -omple ed as determiRed by Engineer, and of the GharaGter and progress of and pregress of the Work remain satisfaGtory to Owner and Engineer, there will be ne EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-3 A-3 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. Before paVment of the final five (5) pernent of the of the State of Nebraska nertif Vin that all payment due of nentrihi Miens and interest whinh may hAvp Aris;pn nder this GORtraGt have been paid bv the fAntrAr_tPr or his SUbGeRtra ARTICLE 7 _ INTEREST 7.01 All moneys not paid wheR due as provided iR ArtiGle 14 of the, General Genditions shall bear interes at the rat_ peFGeatper air: ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.02 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC -4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC -4.06.A of the Supplementary Conditions as containing reliable "technical data." E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-4 A-4 any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages Al to A-8, inclusive). 7 D rm nn DR '1 to Dg inGli sive =—,-nye-bsr►d-(page-,-�-r-�-,- ; ��,: 3. r� Payment ben�rl�e? R v-tO B , nnGIuoiveT 2. Performance, Payment and other Bonds (pages CB -1 to CB -3, inclusive). a. _ (pages _ to _, inclusive). b. _ (pages _ to _, inclusive). c. _ (pages _ to inclusive). 3. General Conditions (pages 1 to 46, inclusive). 4. Supplementary Conditions (pages SC -1 to SC -15, inclusive). 5. Specifications as listed in the table of contents of the Project Manual, which are not attached to this Agreement. 6. _ Drawinas dated MARCH 25, 2016, and numbered 1 through 11, inclusive with each sheet bearing the following general title: 19TH AVENUE PUBLIC IMPROVEMENTS 7. Addenda (numbers 1 to 2 , inclusive) which are not attached to this Agreement. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-5 A-5 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages B-1 to B-6, inclusive). b. Documentation submitted by Contractor prior to Notice of Award (pages _ to _, inclusive). d. Contractor (NPDES) Certification Statement (page CCS -1). e. Certification of Non -Segregated Facilities (pages NSF -1 to NSF -2, inclusive). 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages _ to _, inclusive). b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-6 A-6 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace'such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision 10.05 Contractor's Certifications Q. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices ! in,competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 12. ufraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. •_ �. _ . �- EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-7 A-7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. Counterparts have been delivered to Owner, Engineer and Contractor. All portions of the Contract Documents have been signed, initialed or have been identified by Ower and Contractor or identified by Engineer on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER: CITY OF BLAIR By: Title: ' (CORPORATE SEAL) Attest:i Title: ' rx, Address for giving notices: •► ;_• •C GRAHAM CONST CTION, INC. By: Title:g (CORPORATE SEAL) (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of au rity to sign.) Attest: Title: Address for giving notices: CITY OF BLAIR CITY HALL GRAHAM CONSTRUCTION, INC. 218 SOUTH 16TH STREET 4403 SOUTH 139TH STREET BLAIR, NEBRASKA 68008 OMAHA, NE 68137 License No.: LLL,Hnoo-71 (Where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other Agent for service of process: documents authorizing execution of this Agreement.) EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-8 A-8 BOND NO.: 106046823 EXECUTED IN TRIPLICATE 10/76-D KNOW ALL MEN BY THESE PRESENTS: That GRAHAM CONSTRUCTION, INC. as Principal, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA as Surety, are held and firmly bound unto CITY OF BLAIR NEBRASKA , hereinafter referred to as "Owner", JOINTLY AND SEVERALLY, IN THE PENAL SUM OF TWO HUNDRED THIRTY-THREE THOUSAND SEVEN HUNDRED NINETY-ONE --- 001100 Dollars ($ 233,791.00 ) for the payment of which well and truly to be made we do hereby jointly and severally bind ourselves, our heirs, executors, administrator, personal representatives, successors, and assigns. WHEREAS, the aforesaid Principal is about to enter, or has entered, into a contract with CITY OF BLAIR, NEBRASKA; DATED JUNE 13, 2016 ,whereby said Principal agrees to construct 19th AVENUE PUBLIC IMPROVEMENTS hereinafter referred to as "construction work". NOW, THEREFORE, IN CONSIDERATION of being permitted by the Owner to perform said construction work, said Principal does hereby agree as follows: 1. To well and faithfully perform all of Principal's obligations regarding and pertaining to said construction work. 2. To comply with the Plans and Specifications pertaining to said construction work and with all requirements and conditions provided by law and by the Engineer for the Owner concerned with or affected by the performance and execution of said construction work, and to comply with and faithfully observe and obey all applicable Rules, Regulations, and Ordinances now or hereafter existing relating to the performance of said construction work, and any work done pertaining thereto. 3. At all times during the progress of the work, to personally be at said construction or to have a representative authorized in writing there to take orders and act in the Principal's place. 4. During the period of guaranty, to promptly attend to repairs and maintenance. 4403 S 139 STREET 5. While this bond is in effect, to maintain an office in OMAHA, NE 68137 where orders, directions, or requirements may be sent to or served upon Principal. 6. To observe all laws and ordinances relating to obstructing streets, maintaining signals, keeping open passageways, protecting the same where exposed, and pertaining to those engaged in the performance of such construction work. 7. To fully protect, indemnity, and save harmless the Owner, its officials and trustees, and their successor from all expenses, costs, claims, demands, suits, judgments, exactions, executions, and liabilities of every name and description for or on account of any injuries or damages received or sustained by any party or parties in any way connected with, relating to, or growing out of the aforesaid construction work and any work pertaining thereto, or on account of any acts, negligence, or failure of the Principal hereunder or any of Principal's direction or in consequence of any negligence in building the same or any CB -1 improper materials used In said construction work or any work pertaining thereto, or on account of any claims of damage for infringement of any patent in fulfilling the obligations of the Principal. 8. To furnish and provide all material and work of the highest quality which is to be satisfactory to the Owner and the Owner's Engineer, and the same shall have the right: to Inspect all materials and their preparations at all times for which Principal shall furnish all necessary facilities for any such examination and inspection; and to take samples of paving and sewer materials or any other materials from the line of work for testing purposes whenever deemed advisable or necessary. 9. To place all materials for said construction work on the streets and in the ground in such manner as not to impede traffic. 10. To remove all remnants and waste upon completion of the construction work; and anything left upon the street more than ten days after completion of the work may, at the option of the Owner or Owner's Engineer, be taken or removed at the Principal's expense, which shall be promptly paid by Principal. 11. To perform, without expense to the Owner, any additional work not specified in the aforesaid contract which may be fairly implied as included therein which the Owner, acting through its Engineer, shall judge to be Implied as included in said construction work. 12. Upon being so directed by the Engineer, to remove or to reconstruct, or to make good, at the Principal's own cost, any work which the Owner or its Engineer shall decide to be defective. Any omission to condemn any work at the time of its construction shall not be construed as an acceptance of any defective work by the Owner or its Engineer, and Principal shall correct any imperfect work whenever discovered within the guarantee period. Failure or neglect on the part of the Engineer or of the Owner to condemn inferior work or material at the time it is being supplied or done shall not be construed to imply an acceptance of the work by the Owner or for it. At any time prior to the expiration of the guarantee period hereinafter stated, the Owner or its Engineer may order the Principal to remove any improper material which has been furnished or inferior work which has been done, and to require that suitable material be supplied and proper work done in lieu thereof by the Principal without expense to the Owner, and the Principal shall promptly do so. 13. To protect line and grade stakes, and to be held responsible for any defective work occasioned by failure or negligence to do so. 14. The Owner and its Engineer shall have the right to make alterations in the line, grade, plan, form, or dimensions of any work herein contemplated either before or after the commencement of the work without costs or expenses being placed upon the Owner, its Engineer, or any of their employees, and Principal shall conform therewith. 15. To maintain in continuous good condition, satisfactory to the Owner and its Engineer, any and all work constructed by Principal under the aforesaid construction for a period of TWO (2) YEARS from and after the aforesaid acceptance by the said Owner or Its Engineer. 16. To pay or cause to be paid as and when due all contributions and interest to the Unemployment Compensation Fund of the State of Nebraska from Principal or any Contractor or Subcontractor because of or in any way arising out of said construction work; and to fully protect, indemnity, and save harmless, the Owner and its Engineer from any and all payments of contributions, Interest, or penalties, due or to become due to the Unemployment Compensation Fund of Nebraska from Principal or any Contractor or Subcontractor because of or in any way arising out of said construction work. 17. If at any time within the period of the guarantee any of the aforesaid work shall, in the judgment of the Owner and its Engineer require repair, resurfacing or reconstruction, said Engineer shall notify the Principal to make the required repairs or to do the required work, and if said Principal shall neglect to proceed therewith within five (5) days from the date of service of such notice upon the Principal, then the Owner shall have the right to cause such repairs or reconstruction or resurfacing to be made In such manner as said Owner, acting through its Engineer, shall deem appropriate, and the whole cost thereof, both labor and materials, shall be paid by the Principal and the Principal's Surety or either of them. CB -2 18. At the expiration of the aforesaid period of guarantee applicable to any of said work done or caused to be done by Principal, the Principal and the Surety shall be released, provided that said work is in good and proper condition at the expiration of said period of guarantee, and provided, further, that it shall be the duty of the Principal to notify the Owner's Engineer in writing, within thirty (30) days prior to the expiration of the guarantee period to inspect the aforesaid work, and unless the Principal shall furnish such notice, the obligation to maintain all of the aforesaid work in proper condition shall continue in force and effect upon said Principal and Principal's Surety until such notice by the Principal shall have been furnished the final certificate as to good and proper condition of all of the aforesaid work shall have been duly issued by the Owner's Engineer. 19. To make payment in full for the material used, for all laborers and mechanics for labor that shall be performed upon all of the aforesaid work, and for material and equipment which is actually used or rented for the construction work or in the performance of the Contract. 20. To furnish to said Owner a photostatic copy of any applicable contract or an executed duplicate original thereof, and such other instruments or documents pertaining to said construction work as it may require. 21. No payment by Principal or Surety under the provisions of this Bond shall be made other than to the Owner or to any *obligee named in line 5 of the first paragraph on page one hereof without prior approval by the Owner in writing. 22. Principal and Surety are jointly and severally liable under the provisions hereof, and action against either or both may proceed without prior action against the other, and both may be joined in one action. NOW, THEREFORE, the condition of this obligation is such that if said Principal shall well and faithfully perform all of the Principal's obligations as aforesaid, then these presents shall become void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, We have hereunto set our hands this 15th day of JUNE;;;, , 2016 . IN PRESENCE OF: ADDRESS OF WITNESS ttt`, CITY `J STATE N/A RESIDENT AGENT STREET CITY STATE GRAHAM CONSTRUCTION, INC g PRI�NCIF Al- Q � y L y TITLE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA SURETY it ATTORNEY IN FACT LEAH CARTER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS`FR S Farmington Casualty Company St, Paul Mercury Insurance Company Fidelity and Guaranty Insurance. Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 230460 Certificate No. 0 0 6 7 7 2 611 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Jay Sinclair, Dustin Linke, Jodi Hawkins, Shannon Simpson, Mark Dunstan, Peter Blaskovits, and Leah Carter of the City of Calgary, Alberta , State of Canada , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 5th day of May 2016 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance'Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company oABU^� 1Yfy,� aY FIRE i�r•H.i SG ,.,.�5N5V.A�tY ANO ari. i 2 O '� eoaaaarr J 4 w O:•' • •:9 J .............. yJ s lR��fly O� �0 O 4 9 RPO y 4:p f �.3G � 0 91CONPOfW1ED� __ x� af�0 n�>F;n oRart::� � 1 9 8 2 0 � 19]] � "{ .'*�) i f' -•.• . n s FiARTFOR�, J HAAtf6fiD, eta a A41ED x i 1951 a �•SEItLioi �; n' CONN. n ��coNN� N 1896 6' d . F J �� � N'i• v F O'a� d' ••• "aS` J � y; :., •da >6 �'� ! •...,. W� �,� State of Connecticut City of Hartford ss. Robert L. Raney, Senior Vice President On this the 5th day of May 2016 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. GTN My Commission expires the 30th day of June, 2021. �'0U8UG iir 58440-5-16 Printed in U.S.A. Marie C. Tetreault, Notary Public THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this , day of i , t. 20 `\C; t�� (�� Kevin E. Hughes, Assistant Sec tart' GASU,rr ti""(/ 1NS�..y.,. QTY A/y r AVA �YMjO ryOS�POH/ /' CCCTTT ry�O(P��a��S�l1a E7Yoq �� ZS � T� (1 1�77� lltiORF�R/1tEO� 4 _ m JSCORPOAA��;,� 3�iGpPPONgi'. (ijna uP 9�n � G ,�� 1 9 8 2 0 � h�+ fib � � � 1 1: n ;moi oz' 1896 cT'N_ i.9Jr S baa �N, /d �� o.'••. r '�..rSF........r? To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER NOTARIAL ACKNOWLEDGMENT PROVINCE OF ALBERTA CITY OF CALGARY a Notary Public in and for the Province of Alberta, by royal authority duly appointed, residing in the City of Calgary, in the Province of Alberta, do certify that ��_r �'- `_ appeared before me and did swear and say that: • he/she resides in the City of Calgary, in the Province of Alberta; • he/she is an Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (the "Corporation") and that he/she knows the seal of the Corporation; • the seal was so affixed by order of the Board of Directors of the Corporation and that he/she signed his/her name thereto by like order; and • he/she executed and delivered such instrument on behalf of the Corporation as its voluntary act and deed for the uses and purposes therein mentioned. IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed my seal of office at Calgary, Alberta, this day of , Noty Public in and for the Province of Alberta Dustin Chad Linke A Notary Public in and for the Province of Alberta Expiry Date: December 31, 2018 CONTRACTOR (NPDES) CERTIFICATION STATEMENT I certify under penalty of law, that I understand the terms and conditions of the General National Pollutant Discharge Elimination System (NPDES) permit that authorized the storm water discharges associated with industrial activity from the construction site identified as part of this certification. SIGNED this day of 20 Legal Name of Contractor Address City State Zip Telephone No. ` Fax No. Authorized Officer (S'6nature) Title CCS -1 CERTIFICATION OF NON -SEGREGATED FACILITIES BY THE SUBMISSION OF THIS BID, I, THE BIDDER, OFFEROR, APPLICANT, OR SUBCONTRACTOR CERTIFY THAT I DO NOT MAINTAIN OR PROVIDE FOR MY EMPLOYEES ANY SEGREGATED FACILITIES AT ANY OF MY ESTABLISHMENTS AND THAT I DO NOT PERMIT MY EMPLOYEES TO PERFORM THEIR SERVICES AT ANY LOCATION, UNDER MY CONTROL, WHERE SEGREGATED FACILITIES ARE MAINTAINED. I CERTIFY FURTHER THAT I WILL NOT MAINTAIN OR PROVIDE FOR MY EMPLOYEES ANY SEGREGATED FACILITIES AT ANY OF MY ESTABLISHMENTS, AND THAT I WILL NOT PERMIT MY EMPLOYEES TO PERFORM THEIR SERVICE, AT ANY LOCATION UNDER MY CONTROL, WHERE SEGREGATED FACILITIES ARE MAINTAINED. I, THE BIDDER, OFFEROR, APPLICANT, OR SUBCONTRACTOR AGREE THAT A BREACH OF THIS CERTIFICATION IS A VIOLATION OF THE EQUAL OPPORTUNITY CLAUSE IN THIS CONTRACT. AS USED IN THIS CERTIFICATION, THE TERM "SEGREGATED FACILITIES" MEANS ANY WAITING ROOMS, WORK AREAS, REST ROOMS AND WASH ROOMS, RESTAURANTS AND OTHER EATING AREAS, TIME CLOCKS, LOCKER ROOMS AND OTHER STORAGE OR DRESSING AREAS, PARKING LOTS, DRINKING FOUNTAINS, RECREATION OR ENTERTAINMENT AREAS, TRANSPORTATION, AND HOUSING FACILITIES PROVIDED FOR EMPLOYEES, WHICH ARE SEGREGATED BY EXPLICIT DIRECTIVE OR ARE IN FACT SEGREGATED ON THE BASIS OF RACE, CREED, COLOR, AGE, SEX, OR NATIONAL ORIGIN, BECAUSE OF HABIT, LOCAL CUSTOM, OR OTHERWISE. I FURTHER AGREE THAT (EXCEPT WHERE I HAVE OBTAINED IDENTICAL CERTIFICATION FROM PROPOSED SUBCONTRACTORS FOR SPECIFIC TIME PERIODS) I WILL OBTAIN IDENTICAL CERTIFICATIONS FROM PROPOSED SUBCONTRACTORS PRIOR TO THE AWARD OF SUBCONTRACTS EXCEEDING $10,000 WHICH ARE NOT EXEMPT* FROM THE PROVISIONS OF THE EQUAL OPPORTUNITY CLAUSE; THAT I WILL RETAIN SUCH CERTIFICATIONS IN MY FILES; AND THAT I WILL FORWARD THE FOLLOWING NOTICE TO SUCH PROPOSED SUBCONTRACTORS. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON- SEGREGATED FACILITIES. NSF -1 A CERTIFICATION OF NON -SEGREGATED FACILITIES MUST BE SUBMITTED PRIORTO THE AWARD OF A SUBCONTRACT EXCEEDING $10,000.00 WHICH IS NOT EXEMPT FROM THE PROVISIONS OF THE EQUAL OPPORTUNITY CLAUSE. THE CERTIFICATION MAY BE SUBMITTED EITHER FOR EACH SUBCONTRACT OR FOR ALL SUBCONTRACTS DURING A PERIOD (I.E., QUARTERLY, SEMIANNUALLY, OR ANNUALLY). CC 2 SUBCONTRACTOR: M NOTE: THE PENALTY FOR MAKING FALSE STATEMENT IN OFFERS IS PRESCRIBED IN 18 U.S.C. 1001. *SUBCONTRACTORS EXEMPT FROM THE PROVISIONS OF THE EQUAL OPPORTUNITY CLAUSE ARE THOSE IN WHICH THE SUBCONTRACT WORK FORCE DOES NOT EXCEED 50 EMPLOYEES (EXCEPT WHERE THE PROPOSED SUBCONTRACTORS HAVE SUBMITTED IDENTICAL CERTIFICATIONS FOR SPECIFIC TIME PERIODS). NOTE: THE SUCCESSFUL BIDDER AND EACH OF HIS SUBCONTRACTORS WILL BE REQUIRED TO SIGN A FORM, LIKE THE ABOVE, PRIOR TO AWARD OF CONTRACT. IF MULTIPLE SUBCONTRACTORS ARE INVOLVED, A SEPARATE PAGE MAY BE ATTACHED FOR SIGNATURES BY ADDITIONAL SUBCONTRACTORS. NSF -2 GRAHCON-06 MJOHNSON ' ik R CERTIFICATE OF LIABILITY INSURANCE DA 6/20/2016 TE ) 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(les) must 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hub International Northwest LLC 12100 NE 195th St. Suite 200 CONTACT NAME: PHONE (425) 489-4500 A/c No: (425) 485-8489 AIC No Ext ADDRESS: now.info@hubinternational.com Bothell, WA 98011 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Travelers Property Casualty Insurance Company 36161 EACH OCCURRENCE $ 2,000,000 INSURED INSURER B: The Travelers Indemnity Company 25658 Graham Construction, Inc. INSURER c: Endurance American Insurance Company 10641 INSURER D: 4403 S 139th St INSURER E: Omaha, NE 68137 INSURER F: X rnvFRAr,Fc r1=RTIPIrATP NIIMRFR, REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE DD INSR BR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X VTJ-EXGL-56438950-TIL-16 05/01/2016 05/01/2017 EACH OCCURRENCE $ 2,000,000 PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO F—] LOC OTHER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 B AUTOMOBILE LIABILITY X ANYAUTO ALLOWNEDSCHEDULED AUTOS AUTOS NON -OWNED X HIREDAUTOS X AUTOS X X VTH-CAP-5643B962-17 05/01/2016 05/01/2017 (CEO, accident MBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X I XSC30000100600 05/01/2016 05/01/2017 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YI ANY PROPRIETOR/PARTNER/EXECUTIVE ❑N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A VTK-UB-4E74498-3.16 05/01/2016 05/01/2017 X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 1 000 000 E.L. DISEASE - POLICY LIMIT $ , , DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: N16028, 19th Avenue Public Improvements, LRA Job #0114108.02-350 Additional Insured as required by written contract: The City of Blair, Nebraska; Lamp, Rynearson & Associates, Inc.; and Thiele Geotech, Inc. Coverage is primary & non-contributory. Waiver of subrogation applies. See attached endorsements. CERTIFICATE HO City of Blair, Nebraska 218 S 16th Street Blair, NE 68008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD VTJ-EXGL-5643B950-TIL-16 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to 'other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible 'other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such 'other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY L How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and M. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit' is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. -- DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 Policy Number. VTj,FXVL•5613lI i0ffrIL•I6 COMIU'RCIAL GENERAL LIABILITY THIS ENOOMPMENTCHANGES THE POLICY, PLEASE READ IT CAREFULLY. CONTRACTORS XTSND ENDORSEMENT This en00rso-At mmt.l hsueonco pNHdod ucdwih0 fort'it : COMMERCIAL 0914EM LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endaxmw broadens "vera". Mansour, Coverage for any hNN, damage w AW46I eaDinsee doWibed in any of U. provisions of We eredaaoment may be axdxfed a Sms,d by another w6otsement to this Car"ap Pan, end tos0 cotarege, boaienr9 Provalons do not apply b "4.14,4 that CW*" Is eadWiid or 9. ited by such on andasmanL Trw foeo.og 1stF g H , 9. .1 coven sob dtwwon only. (lmiafons and exclusions may eptly to ftoo tovaagea, Read a8 U. poms+one of dint/ orf d1r toonerd and to red Of your poky canto/ to datarrino rights, darks, aro what 14 and is not CowNOd. A. Atwaft Chadered With Pilot B, Damage To Pnadsos Ronal To You C. Indsasad S.PpNmeaafy PaYmmn 0. Incidental hkdeal Melpi SCb E. Who Is M Inured - Ne%Fy Aogia4d Or Fomhed F. to is M Inured - 01010a144 Nem.tl IAwred -Unnamed Sub.darlet 0. 8tankei A4te3.n4l InsaCtl - 01mns. M-wirt Or Leasers Of Pnrr/W, PROVISIONS A AIRCRAFT CHARTEREO WITH PILOT Tho fdb%?e g Is added b F os,,iwh ¢, Alreratt, Aute 01 Walerwalt, In P.W$0 2 or SECTION I - COVEAAOES - COVERAGE A BODILY W JURY AND PROPERTY DAMAGE LIABILITY: Trutt ..Mau m does not appy la an .Mail tlsl I. (a) Chadwed weh a pilot to any lnswod; (b) Not MkA*d by anyIM46d; ani (a) Not berg used h carry any Person or prop.artyla a cheroe. B. DAMAOETO PREMISES RENTEDTO YOU 1. The NSI 04,4411eph of the 49006cans In Ex- oWtAn 1., Va.p4 To P,.wg. In Para. graph 2 of SECTION i - COV AAO - COVERACE A BODILY INJURY ANO PROPERTY OAMAOB LASILITY H daM%d. R. Tho 6MMn9 repao4e tie Iisl parograph of Paragraph Z. Exciudomt. of SECTION 1 - COVERAGES - COVERAGE A BODILY H. aNnbat A•dddbnal Insured - Losses Of Loaned Fcopmml L BUdka A44doeal Inyxod - Statos Or Poatcal 8ubdsu10ns-PMMA J. KnomodiltAnd NotaofOuunenceOrOry.- K. Vein'rAWAII Onissan L Blanket Waiver Of Sad 303 K Amadded Bo4iy ln)kvy De46.ron N. Cobaduy Ueblty-Ranmads INJURY AND PROPERTY DAMAGE Ll. ABILITY; Exclusions t. and V. tk"h A. do "I aappppsa/ b 'PmrNaaa damage'. Exckasl" L(t)(A) Dow not appy to'p ttrAdt damage' mu"d F to b. Eµgat.; c, Whining; all. Smoaa A eUXeq hem such ft., .*,Sot. or NhWnp: or e, ureter. unoN ExclutW 1, Of Stew 1- Cav"4ge A - Bodily Inh4y And PMMdy 0-90 Uabdly H npncod by an iow eMorwmom b Iles Coverage Pani that has F.OAi n -Are Pd. - ton InIt" Om DemYje or Total POthnbn E4• Cbsion ;n Is title, A saparela limit of hsaance aper s to yrerdseA damage' a d4wbod h Parr pap, S. w SECTION IU - LIMITS OF IN- SURANCE. CG D3161111 421,1 R,.1r 4-14 te'rmy Cc P'f MftUv 'M. Page 1 of4 3. Tn, foyewirg Is added to Po-ra2Mph L of SECTION NI-1.11ert5 0011100MCC: Fw Ne pu ' or d.I.Awng to 1011*1 bed Each OccatO.,. Limit as mWod ado or odussiahe tanhuNd in providing or fo0gl to I.Wdo'.eddenW missal sar•I2.a', fiat ad or 'Good S.mw40A 4401cw to 4ny one W. ,A$ be doomed b ba one'ooaerenco'. 4. Tn fcul K" exrrutlus It added to para. graph 2. Exdu,liam, of SECTION i- COV. ERAOES-COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sala Of Phama"Waal. 'may Injury of'prvp"y dmga' mitre out of the WAA violation of a Doral tUtut. or .0m4 a nalirq to thd able of PMAAAO.re WN tommiNed by, w with the k-tedgo of ansmt of. Ua ttsvad. 5. TTA bi*A(All it 2ddod to find DEFINITIONS aact;w. 'ncdeusl n*" e41"Icea' IMaAs; R Medical, kniyl, dentis% tabomiory, x-ray a norpng NAW w bOehMd, 00,41Aw InWut6on a 014 falotod tumtablAo a food or 4.40"N w le. The furdahlng or dowsing of dogs or Witel. dots( or w4c01 soppioo a 4PPiaraces. 'Good Sana•61n wMoea' neons any gonty medical ... Am. la wihkh no CompM aa%A Y 0"ntdd) w fpoalV"L 6. TM faoelrq R added to Puayaph 4.b.. Ex- cess Inurmee, of SECTION N - COW MERCIAL GENERAL LIABILITY CONDI- TIONS: The inwfance Is exwss over any mad and wawbio other Insurance Iva 131,11b DN 0 -ad, whettt!r primry, aa a, .,.., ccnirgent On may other buts, that n ava.I.N. to my of your 'empbYeef' or 1'oluve' eciftn• fou 'wil/ in):ry' that $not QA of "vidmg or failing to pond* `isddaNal madcal our, vices`, fell aid .'Good S-6um x,icW to any person to this went not outlets to Pm.ataph 2.14(/) of Savfaa 11 -Who Is M Irdaatd. WHO 11 AN INSURED - NEWLY ACCUIRED OR FORMED ORGANIZATIONS fin folberq roplxes Parayapit 4. Of SECTION 11- WH019 AN UISUREO COMMERCIAL GF14ERAL LIABILITY 4, Any IXgede.9on you ..y scouhs or form. DOW hon a pumArship, loom vonhlo or Ion• sal Sabaly twoomy, of %tddh you aro the We awn" of to Whkh you maMtam the ma• 10.1y ft'w k Irsuratt, roll 4.411 as 0 Named Insured If there 4-o0i,r iauante NhkA Provides sinubf pwwag, to that a• gar'uaton.H.eaver. a. Coverage U dor this W,IA n Is arorded ahs (1) Ural t. Lath day e0" you "qua a term the ,a..*- or U. and a int Pavy Pwl4d, V-%0 rv4r N 644141, N You do nil rePcd such aga(UAlon In %thing b Us WtKn NO days elef YOU ecq.iro IN tot. t; a 12) Until Ula, end of fed Poky Period, wren mol dab it War Man 180 doge aft" you aapria a roan such orgtri flon, 0 you report such wgankodod i1 %airy b W wrNn 190 mya after you acquire a form A. and •w agree h ""that It *I C doue b be a Named Ina.M 001 the and o(th , Poky P.W. h. Coverage A docs roteppsy b 'haNm ivory' w'pMDay clanage• tW occu befwe you IrgUyed a lwmed fm 0100010M aro M Cay"age B does Ate appy 10'Prlorhe1 n. Puy "'advorttwi Injury, .6&q oN of m d!en$a oon ailed Wklq you acgirod a formed V.IXgalaildtM. WHO IS AN INSURED- BROADENED NAMED INSURED -UNNAMED SUBSIDIARIES TM bb+xiy to Mikd b SECTION 11- WHO LI AN INSURED: Any (Ayour subdnInrkes, odYr doth a paMtrssip, toilet .volute a prided liability COMO. y, that ta rot las , Named Inwnd In ftOedare• Soon Is a Nomad Inswid It you maintain vin own- trsNp "6" of mon Uw 60%414 such subid4 ary on Bb feat day of mo pofley petIod. No such sub'4u/ is an Waved for'body by t J' or'popody d".* that ooaand. or'P.Aorel kyN 04'4dA441og i,,w Wusod by an of. knN committed AB" this cute, if any, dv6n9 the pony paled, that you no brgIX maintain m mmemp inio'w of mono than 60% in such eut- eiidry- COAMIERCIAL GEW-RtL LIABILITY 7. The foioivuv Nedcaa Paayaph L of SEC- TION 11-1"OF INSURANCE; 84*d b S. abom ft Damago To From, k.:,4To You Ums is the rood %w wal pay soder Cdvetoo6 A for damages because of 'Prom6a damlgo' 10 any one PIW,4- - TM Danko.. T. P,.,i%. R.Auvi T. Yar tied wA apply b a1 'PmpeNy, damage' P :; pored by Ue a,- 'ooxr. 'a1K0'. Yralha tbt)I damag4 roauts from ko: rspbston; Xgt.6+tgi smdke rasuktg from vAil kis, axpkiatt a 4ghbkInp; w water a anymmbkason a any MM dq» muses, no Game" To PA.,".% Period To You Umllwolca A. TM smcwn shovm for the Ow" To Prenasro Rented To You Limit on th. Oe wabw of this Covtreoe Part:" b, .f300,000 if 0 amount It slurs+ for V e Dsmaoa To P,.MLos Rated To You Lind On the Dadanfionf w W s Cmrag4 PaM1 A, The k4o." »pa"s igm9r4ph A of Na derafden of Insured "retaW In the DEFOE. TIONS Section: a. A owirad fa 4 tease of Pend lf. HMi, -1, that Porfkn of the 101ANed for a 14a0 of pien4oa that ir4an,100 4mY person w oM.AbAW. fou 'ponchos dam.ge" Is nee 4n'Naae4 c.Nok r; S Thr (oeo%hg is added to the DEFINITIONS 8 jiw 'PMno$*$ damooe' means 'Proony dom aqo' Iw v M/prenea4a,hl.A.Idwy_oe.- VY ua W you wed pCm+ia"A h. Tho C. sank 01 arty Por 9- wt'1" such Pareses b NAW b you. N you tent ouch pianists W a paad w seven or Wwf consoaAwo don. R The klbMnq repaWs Pan'Naph 4.b.(t)(D) Of SECYION 1V-COMMERCu1l OEN 10.1 LIABILITY CONDITIONS; (b) That b Insolence br'Pemaas hMmage ; a 7. Paragaph 4.h(iKe) d SECTION N - CONMERCW. itENERAL LIARIUTY CON- DITIONS Is dalalod, .O. INCREASEOSUPPLEMBNTARYPAYMENTS I. The Tciwkq 1.0-0:es Puapmp, t.h: of SUPPLEMENTARY PAYMENTS - COVER- AGES A AND D Of SECTION I - COVER, AGE' b. Up to $2,660 for Bre coal'. hid bonds +s9sito4 bar4vao sl *""a at bolbe v4,id&to it.Wnsanthg outwtM1y Wady M whaclh md y a SoInjury,tYdt. n1Rh /. b�Mn Webesothats blah. 2 The !dinning rtpixe4 Paragraph !d. of SUPPLEMENTARY PAYMENTS - COYER - AD" A AND 0 of SECTION I - COVER- AGES; d W n,sorabio *,ponsei Imiiuned W the Insured at our nAwost to assist us In he' treesagetan w d.fmae W a. Claim or 'aur, hekXP4 WA411056 of earns gs up b SI509 a day bo of time on Iran monk b. INCIDENTAL 10EOICALMALPRACTIC6 1. The (.A.,* lA added to the dafna;al of a4anpe' h to DEFINITIONS Section, 100cumor4a14144 moans an 44 or Wis.;.. Commit ed In V00*1. or failing b AV ido :x.31"1a1 wocr l semoot-, rest ad a 'Good S ernntan saNkG'to a prism 2. TM fdbxtg is added to Pareorapls 21.11) w SECTION U --WHO IRAN INSU Eih. Peragmph (1)(d) ebrve d- ml appy to 'Dodi/ hjulY• 004" out of providing of f4ii- M91. provide: pl yo r'a aae wro IMS a m41 n Pn� Saar, tewow no,". licensed pr s tital nose. "M a%gort, eiT4190ly 0*& "1 Md"iceM orpatematlk; or Ol Faat id «•Good samaraan anrvk.�• b/ any of your 'engtoyoas• o, ^roaAtaw '4e.'e', ohw emus m ampbyad urvol• unit" doclor, Any such 'enpby e or 'vokM'Ler Milkers' 0MAdng or foling to pmvid4 fast am of 'Good Samwean sat - vicar dkNM thou work h0un foe you %A I" deemed to ba ache %Rhin the scop. of not Onnp!OYMM by YOU Of P"Avmno dues, related... conduct of your sirs(. MW Pa9o2o14 o alH 7. y-- Cr -4 xis..Psar,«:.s. Co 03161111 COMMFACtAL GENERAL LIABILITY BLANKET ADDITIONAL INSURED - OWNERS, MANAGERS OR LESSORS OF PREMISES The fdloM g I. added to SECTION 11-YMO IS AN INSURED: Any pwaon of "olkabon that le a pien4m, onner, manager or baso and that you have agreed in a rntlM aont4d of agrtomwa to in. 004 to on adpspnM inndtd M N'a CMnS4 Put b on Insured. but only vA h rosped b f.wiy for'bod4r Iniervx,'popady cfam4p%'paschal injury'. acwtu ung tqury'that 1. is -wily In1dy, w'pop6 it dartago- 1m1 occas, or it 'Personal H*w or'advenhrng injury' "used by an offense 0.1 to Wmnit- too, W bloeJwd to the exacWcn of isms CIXb tad w pgroernml; and b. Arleta out Of t. a *AINP, maintenance of use of that Part u sty partes,. sealed In YOU. Th, i yxanra fronded w such pestis MMI14t or Mesa h4 tu6lod w IM foI0t v Pro• vt'i..: a. Tho BrMs of fl3tfanco provided to such pmmsas O"t, manager or lessor %te be stn mWmm ramex %htrh yrxr tpnad an IV . vldo in the m111a4 contact or aoneraml or Int IInyta d»Am on the D4ebntsaa, WWI sv" are jus. b. Ra ttaumnto pnAided W such p.mbes W... rlar ager or looser does to apply, 1. (1) Any kjU you w 'pppay damage' that occas.a•Dorwill ykay'or'.dya- Ssito kW Mead by in Mens Dal M commit id, afor you "ase to be a bnM In oat penses: u (2) Shrctural aaaatione, rrrx conNixtgna domehon o"m8crn Podomad by oroo boholl .1 such Pn4_" oArer, lessor or manager. a, The twtanto pro•WW to such plwisos *Amor. nigragor or New Is excess ovof any valid ant maoe,HO ares kiake rA -lobta b such pameas San". m+atuire a test., %bdber pnmv% ey"u, contingent a on any oUwt We. wbss you have apood yin the %vskn Conrad or agroemenl that this in, suranco musk be primary to, a non- " "A.y urn. ouch ouW Inwanto. In wihsh raw Ws k s _ %ia ba Psnary Io• and ooncaa+l "%fiat such aper Ins,r• .no, N BLANKET ADDITIONAL INSURED -LMOR8 OF LEASED EQUIPMENT T. faaA M IS anted Ion SECTION 11- WHO IS AN INSUREW.. My ponon or orgaresataha wt la an equipment 10SW and IhM you have .treed h. %nom ton- Iract " aprsanam b incl d. as m :eared An th1s Coverage Pan Is an wuand, rut aayvah s- spad b liability bitty. for'bodily hyuty'. *Ft"rty dam• 894%'Wsonal irW w •441dMiA(I fnArry' Met a. Is 'bodily InW or •popony darr+age that occom or 1.'penonal Inwry' w'4dved'hi; In)ay ®used by an offense that N -Ant, lad, sUWgwl In ant 8.600M of Sad tab ted or 4graommL And b. is muted, A wade or in p1R by Your 3m Or ahWbne h the -Wen-. Co .$. a we or agtipmen kissed to you W such ,qu"Al Moa. Th. herrrenm pP surd to euen egupmmt i a4or Is 4ubject to gt0 foso." poisons. a. The limits o1 InPJraaa provided b such equrpnent kssw nal be fed mkii num 4mis which you ayoad to prmido h the wwbn -t. ajoiime ' a ton Holm, w-, a. the Gad.. whkMwr are bas, b. The InkoweA Provided to Guth equipment lessor dooA not Appy to any hbody iAW w 'property damage' that noun, "'personal Inoq* or'advafti g aAW mused by Nin of. (a- oat n mmr:Km, after V. aj ipmenl less. eypt.s. 0. Tho IAWNA" PvilMod to tush 4gwpraw lusw (e tooesa over any valid and mitd,t44 plot thtaarhpo ov.441,10 to such equipment I..w. wiaihe pnnuvy. 44coss. 40wNted w on my whir hese, unless you hone .greed In the %ratan wnuad or egreemonl that Nis inRaarics mot be pnwly to. of rao.oraribrsary weir. suds other k unn", In whish Case this 1AW01Ma vide be primary to. aro w-oonInbutory what such off ts- a-- I. BLANKET ADDITIONAL INSURED - STATES OR POLITICAL SUBDIVISIONS - PERMrTS The balbMrg it 0000 to SECTION I - WHO 18 AN INSURED: Mysteed w NUtslt bdvk'd that hat Issuod4 Permit In eam4cban%dh opaabons pedormed oy you be on your behalf and that you w f"*44 CO 03 111111 o mU rr. na,+:an ru-nhCr+.a=r ao.aa...en.f. Page 3 of B Pogo 4 04 6 0.11 nil TrrvM4 Wnv,ra Ca+W r.At gyt,rxnH CO 03 1411 11 by any ord'a,seca. law or bkmlhg code to ktcwo m on dddmmol insured m this CWprayo penis On fetaad. W only atm Mp*ct to holohly for beaten kW. lomi ady damage;'Personal m 1 -re «'ad,615%4g inw nth" out of v -,m op. «aeons, 71'. %-." !a>w>dr wvtk.l aubrSYtdon does rot spply to a. MY' fY'njxy."pogr(Y 4an,a7s: 'W1'. Z4 k'1a!" IX'ad+erWPoq n)*,y' erkkg an of op,Wat6m podartM for met aceta « pa s'o*ai tVbQivfs;Pn; or Is. Any ''bodgy lej'Y «•propaly damago' W .KWW In U.'prod cIs-Wmp'a4d oporetins hoeard; KNawLEDoe AND NOTICE OF OCCUR. RENCEOROFFENSE . Tns rodtrryhg It added to Parv#apft R., Dunn In Ther Event of O—nco. Otters., Clalm or SWL or SECTION IV - COMMERCIAL OEN, ERAL LIABILITY CONDITIONS: n The fottoa4rg PWWWs apply N P*repnph a. above, bL4 only fet the t,rpotos of 11101M summ*Provided under ads Ce"regaPn ato �Sadfoor any It-Wlw toed in eAn Moored: Alph t.at {t) Wii-4 to us Of a,ect'txtaroma' Or oG roots mug be glean at e*m at ptkoq,, W adv ane QW'*4Wff0 ' a aR*ns* is known by you (f you era an kWNiduM), Wry at your psfMya of nadmbon xho 0 an IIYTNdaal (i(ycd Slf a paMflgsd6 U )Mt varevre), any of your mariagOt4 who lee ,'A.anDIvanaroae��i��dkeom- CoApar 4i awry (iyata 10s o o(Q* A- taYWd Uma (1youaro an 1weturF tbn oath titan dy 00enp6hip. )Oman*-«* «Neem Ieaay Eon,pany) a any -- PW aufhoirad by you 1. gha r b. Of 4A enCO'amm40. V) II Y- aid a P.M tshiR (ant v4nture w 10vtod wily owmarry..am nae of yi,y palmae, (am ventva m rowfa or man. age yry ma,ndwt, natke b IN al wd1 'OoalfffnCO' Or aildm9 ra,41 be glean aS Mo 43 pr*cbbobio min after tha'ocau. rano' orcffensc b repass by. {t) AAYwIvyuaI%t*ist () A P.Mror rmmb-1 any pan. MtehdlCX)Ohl Yaml,ai COMMERCIAL GENERAL LIAMIiY (U) A mane fir o1 Any linked Beady tonVAdyi or (a)M asaoAd offlcaf or'worof aityalW�a9initaBOm ..' - Bit is your PaMiG; }Wine ymhsd 'rtpmberor-ne"ru . (b} My -44"i te' eumohed " $orb Pefhonnv, 10kit W.104,. Doffed a, abiTty, aWvwiy ix Whar grgardmuo. b give notice of" "o o'mo C` or ocf*nsa. (3) Ned. roc ofarh'otarmnta' uofao Went* 8111 b* doomd a ba given, is soar it pru iaAlo H K it ghon Et sad faith as soon as pruakabk to youi-k. ow canportrat4m itaufur This dppilas .only N wo 44bswootly gtvo nodCe to us oto,s'aeufmna' ocoRanse ser — ere NectWble agar any of rho Parsora do- caned in Pafapt 4 s *. (1) or (a) oto" 1gsomm 0,9 ate'opwamo r or oke rte My Mutt at u" to xfith IN inference proNAod trader hes Coverage pod may apply.. _ . H* -woo, it " rwomo Pan worios an on, pvtanmt that prov.def thnod coverogo t« 'b0cw'*nl of 'PrWdy damapo' or ped -6o. cogs fI MV out or a ttis<twyo, sleeve or da< cape of'PoaA-W which coma- a roqukemem that the d'so", to"" of wbpo or YotUl. arts" most be ropermd to us Within a so-fla rsrrA4r of days ahoy As otrvpt tommentanOnt, m Patograph a, door net aNea that ic4dao- NrenL UNINTENTIONAL OMIaafON Tin loaoi,hp k idded.b parapraPh R, Rapro- tendUons, o! SECTION IY . COMMERCIAL OENERAL LIABILITY CONDITI M., Ther untmendmel omralon of, o-mlrrtenumal art« in. any WormaEm Provided by you wNd, very rehod Won In huinS"p*F41 age na Doti+- ato your rigors 0,401' Wads Miwana. Howavaf. tis PrOvistO hdoes not stHU ow right to tobod edddbnoi promium or b *sacs* aft dphu of caneenetlon or nano M in at -do- ,pith appkcabbbsumma lar,* oc rogWaLlem BLANKET WNVER Of SUBROGATION The STonii+g is added to Paragraph S., Tramfir ON Rlghh Of R4covary Against OWM to Us. or WEcmm 0- COMMERCM GENERAL Lt. ABRJTYCONDITIONS: COWAMIfd. WIEW I-VABIUTY If the Motored has Wood N A convect or egl4- m40t to wa" Witt imaoSi nphl or to tory Pgekaluq Porus ororgonlIA00%ys waho our right of rocovary WWW such pasonor oroonim- 110, tout Only to p"al wa In4il* tgcau44 of .� 'Egad:N.tn)ury'«`Properry'damaga'.maloU ' win: or Jr. -'P.-txwl k4wy' or 'adradikq inlay' ranted try an oRmli trolls c*"MIIadi aubsoquoot to the execution of that'convad e, pg -e L M. AMENDED BODILY INJURY 6EFINMON The (okJ kit idplivra the doadllen or'baday N)ury"h ano6EFlNrRONS SoiSon: a. 'BoAly injur oaans bodily tow. frontal anOWIL mental in)Vy,shock. fMet, tdsaaRy, Mlfiliefaah, UCghase et d40ae suatayfdd by a person, incasing death rnunng flan pny oftheaestanydree. H. CONTRACTUAL LIABWYY-RAILROADS i. The M I- Poragrarh a W d,e dscratbn m'Tnaufed mnlfxi' h the MOM. .'ION11 Snow - o. Any nas.-, or He", sgrennml: :L Paiagfoph fdi) of m0 Motion or "'cutmd romred In the DEFINITIONS Baden h'fi' bl4Q. CG D3 16 1t It Ot*u1M T,aw,ntrumyempi.r.m:,Nrrcu g- p"0416 Page a of OMI iN Tnnwa+:n.eyyco way.u.detmtma CC 03 to It is COMMERCIAL GENERAL LIABILITY POLICY NUMBER: VTJ-EXGL-5643B950-TIL-16 ISSUE DATE: 05/01/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS AND DESIGNATED PROJECT AND LOCATION AGGREGATE LIMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The Limits of Insurance shown in the Declarations are replaced by the following: LIMITS OF INSURANCE Total Aggregate Limit $ (Other Than Projects and Products -Completed Operations) Designated Location Aggregate Limit $ (Other Than Products -Completed Operations) Designated Project Aggregate Limit $ (Other Than Products -Completed Operations) General Aggregate Limit $ (Other Than Products -Completed Operations) Products -Completed Operations Aggregate Limit $ Personal and Advertising Injury Limit $ Each Occurrence Limit $ Damage To Premises Rented to You Limit Medical Expense Limit $ Excluded Any One Person Designated Projects: Each "project" for which you have agreed, in a written contract which is in effect during this policy period, to provide a separate General Aggregate Limit, provided that the contract is signed and executed by you before the "bodily injury" or "property damage" occurs. Designated Locations: Each premises owned by or rented to you. PROVISIONS A. The following replaces SECTION III — LIMITS OF INSURANCE: 1. a. The Limits of Insurance shown in the Schedule above and the rules below fix the most we will pay regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; (3) Persons or organizations making claims or bringing "suits"; or - (4) Designated "projects" or 'locations" shown in the Schedule above. b. The Total Aggregate Limit shown in the Schedule above is the most we will pay for the sum of all amounts under the Des- ignated Location Aggregate Limit and all amounts under the General Aggregate Limit. This includes: CG D4 69 01 09 © 2009 The Travelers Companies, Inc. Page 1 of 4 COMMERCIAL GENERAL LIABILITY (1) Damages under Coverage A, except the Schedule above and described in damages because of "bodily injury" or 2. below, the Designated Project Ag - "property damage" included in the gregate Limit for any other desig- "products-completed operations haz- nated "project" shown in the Sched- ard"; ule above or the Designated Location (2) Damages under Coverage B; and Aggregate Limit shown in the Sched- above. ule(3) Medical expenses under Coverage C. d. Subject to the Total Aggregate Limit C. A Desi Hated Project Aggregate Limit is g 1shown in the Schedule above and de - provided and is also shown in the Sched- scribed in b. above, a Designated Loca- ule above. The Designated Project Ag- tion Aggregate Limit is provided and is gregate Limit is subject to all of the follow- also shown in the Schedule above. The ing provisions: Designated Location Aggregate Limit is (1) The Designated Project Aggregate subject to all of the following provisions: Limit is the most we will pay for the (1) The Designated Location Aggregate sum of: Limit is the most we will pay for the (a) Damages under Coverage A be- sum of: cause of "bodily injury" and (a) Damages under Coverage A be - "property damage" caused by cause of "bodily injury" and "occurrences" and "property damage" caused by (b) Medical expenses under Cover- "occurrences" and age C for "bodily injury" caused (b) Medical expenses under Cover - by accidents; age C for "bodily injury" caused which can be attributed only to opera- by accidents; tions at a single designated "project" which can be attributed only to opera - shown in the Schedule above. tions at a single designated "location" (2) The Designated Project Aggregate shown in the Schedule above. Limit applies separately to each des- (2) The Designated Location Aggregate ignated "project". Limit applies separately to each des - (3) The Designated Project Aggregate ignated "location". Limit does not apply to damages be- (3) The Designated Location Aggregate cause of "bodily injury" or "property Limit does not apply to damages be - damage" included in the "products- cause of "bodily injury" or "property completed operations hazard." In- damage" included in the "products - stead, the Products -Completed Op- completed operations hazard." In- erations Aggregate Limit shown in the stead, the Products -Completed Op - Schedule above and described in 3. erations Aggregate Limit shown in the below applies to such damages. Schedule above and described in 3. (4) The Designated Project Aggregate below applies to such damages. Limit does not apply to damages un- (4) The Designated Location Aggregate der Coverage B. Instead, the General Limit does not apply to damages un - Aggregate Limit shown in the Sched- der Coverage B. Instead, the General ule above and described in 2. below Aggregate Limit shown in the Sched- applies to such damages. ule above and described in 2. below (5) Any payments made for damages or applies to such damages. medical expenses to which the Des- (5) Any payments made for damages or ignated Project Aggregate Limit ap- medical expenses to which the Des - plies shall reduce the Designated ignated Location Aggregate Limit ap- Project Aggregate Limit for that des- plies shall reduce both the Total Ag- ignated "project". Such payments gregate Limit shown in the Schedule shall not reduce the Total Aggregate above and the Designated Location Limit shown in the Schedule above, Aggregate Limit for that designated the General Aggregate Limit shown in "location". Such payments shall not Page 2 of 4 © 2009 The Travelers Companies, Inc. CG D4 69 0109 reduce the General Aggregate Limit shown in the Schedule above and described in 2. below, the Designated Project Aggregate Limit shown in the Schedule above or the Designated Location Aggregate Limit for any other designated "location" shown in the Schedule above. 2. Subject to the Total Aggregate Limit shown in the Schedule above and described in 1.b. above, a General Aggregate Limit is provided and is also shown in the Schedule above. The General Aggregate Limit is subject to all of the following provisions: a. The General Aggregate Limit is the most we will pay for the sum of: (1) Damages under Coverage A be- cause of "bodily injury" and "property damage" caused by 'occurrences", and medical expenses under Cover- age C for "bodily injury" caused by accidents, which cannot be attributed only to operations at a single desig- nated "project' or 'location" shown in the Schedule above; and (2) Damages under Coverage B. b. The General Aggregate Limit does not apply to damages for "bodily injury" or "property damage" included in the "prod- ucts -completed operations hazard." In- stead, the Products -Completed Opera- tions Aggregate Limit shown in the Schedule above and described in 3. be- low applies to such damages. c. Any payments made for damages or medical expenses to which the General Aggregate Limit applies shall reduce both the Total Aggregate Limit shown in the Schedule above and the General Aggre- gate Limit shown in the Schedule above. Such payments shall not reduce the Des- ignated Project Aggregate Limit for any designated "project' shown in the Sched- ule above or the Designated Location Aggregate Limit for any designated "loca- tion" shown in the Schedule above. 3. If coverage for liability arising out of the "products -completed operations hazard" is provided, the Products -Completed Operations Aggregate Limit shown in the Schedule above is the most we will pay under Coverage A for damages because of "bodily injury" or "prop- erty damage" included in the "products - COMMERCIAL GENERAL LIABILITY completed operations hazard". Any payments made for such damages shall reduce the Products -Completed Operations Aggregate Limit shown in the Schedule above. Such payments shall not reduce the Total Aggre- gate Limit shown in the Schedule above, the General Aggregate Limit shown in the Schedule above, the Designated Project Ag- gregate Limit for any designated "project' shown in the Schedule above or the Desig- nated Location Aggregate Limit for any des- ignated 'location" shown in the Schedule above. 4. Subject to the Total Aggregate Limit and the General Aggregate Limit shown in the Schedule above and described in 1.b. and 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and all "advertising injury" sustained by any one person or organization. 5. Subject to the Total Aggregate Limit and ei- ther the Designated Location Aggregate Limit or the General Aggregate Limit, subject to the Designated Project Aggregate Limit or subject to the Products -Completed Operations Ag- gregate Limit, shown in the Schedule above and described in 1.b., 1.c., 1.d., 2. and 3. above, whichever apply or applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to the Each Occurrence Limit shown in the Schedule above and described in 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Cov- erage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to the Each Occurrence Limit shown in the Schedule above and described in 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part ap- ply separately to each consecutive annual period and to any remaining period of less than 12 CG D4 69 01 09 © 2009 The Travelers Companies, Inc. Page 3 of 4 COMMERCIAL GENERAL LIABILITY months, starting with the beginning of the policy period shown in the Declarations, unless the pol- icy period is extended after issuance for an addi- tional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. B. The following is added to the DEFINITIONS Sec- tion: "Location" means any premises owned by or rented to you shown in the Schedule above. For the purposes of determining the applicable ag- gregate limit of insurance, each 'location" that in- cludes a premises involving the same or connect- ing lots, or premises whose connection is inter- rupted only by a street, roadway or waterway, or by a right-of-way of a railroad, shall be considered a single "location". "Project" means any area, away from premises owned by or rented to you, shown in the schedule above at which you are performing operations pursuant to a contract or agreement. For the pur- poses of determining the applicable aggregate limit of insurance, each "project' that includes a premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of- way of a railroad, shall be considered a single "project'. Page 4 of 4 © 2009 The Travelers Companies, Inc. CG D4 69 01 09 VTH-CAP-5643B962-IND-16 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS- INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -- GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of.the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE -- LOSS OF USE —INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -- BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (1) You must arrange to defend the "in - D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II — COVERED AUTOS tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any "employee" of yours is an "insured" while us- "insured" will make any settlement ing a covered "auto" you don't own, hire or borrow without our consent. in your business or your personal affairs. (iii) may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or in LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II — COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in - we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para - 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION If — COVERED AUTOS LIABIL- SECTION 11 — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV -- BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter - partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -- GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE —INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III --PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III -- PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a, does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident' or 'loss" ap- plies only when the "accident' or 'loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -- BUSINESS AUTO CONDI- TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: - We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for 'loss" to wearing ap- signed and executed prior to any "accident' parel and other personal property which is: or "loss", provided that the "accident" or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How - N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV —BUSINESS AUTO CONDITIONS: Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission.