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16-059.00 DKS Associates: Grant App Support AGREEMENT FOR SERVICES DKS Associates 2016 TIGER and FASTLANE Grant Application Support Contract#16-059 THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and DKS Associates,hereinafter"Consultant,"jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1.Work to Be Performed. Consultant shall provide all labor,services,and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work,Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee,Consultant shall commence work,perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement,Consultant represents it possesses the ability,skill,and resources necessary to perform the work and is familiar with all current laws,rules,and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession,and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by May 14,2016,unless the time for performance is extended in writing by the Parties. Agreement for Services(without professional liability coverage) Page 1 of 6 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days'written notice to Consultant. In the event of termination without breach,City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3.Compensation City agrees to pay Consultant$78,630.00 plus$6,841.00 Washington State Sales Tax for a total amount of$85,471.00 as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards, City Code,and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk DKS Associates Phone: (509)921-1000 (206)382-9800 Address: 11707 East Sprague Ave., Suite 106 719 Second Ave, Suite 1250 Spokane Valley, WA 99206 Seattle, WA 98104-1706 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws and regulations. Consultant warrants that its designs,construction documents, and services shall conform to all federal, state, and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in Agreement for Services(without professional liability coverage) Page 2 of 6 paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal, state, or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8.Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files,for the City's use. City shall have unrestricted authority to publish,disclose,distribute,and otherwise use, in whole or in part,any reports,data,drawings,images, or other material prepared under this Agreement,provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date fmal payment is made hereunder. 11. Insurance. 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 Consultant, its 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. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations, stop-gap independent contractors and personal injury,and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. Agreement for Services(without professional liabilitycovera coverage) Page 3 of 6 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 no less than$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 for each occurrence,and$2,000,000 for general aggregate. C.Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following provisions for automobile liability and commercial general liability insurance: 1.Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3.If Consultant maintains higher insurance limits than the minimums shown above,City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement,upon which the City may,after giving at least five business days' notice to Consultant to correct the breach,immediately terminate the Agreement,or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to City on demand,or at the sole discretion of the City,offset against funds due Consultant from the City. 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. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds,and shall include applicable policy endorsements,and the deduction or retention level.Insuring companies or entities are subject to City acceptance. If requested,complete copies of insurance policies shall be provided to City. Consultant shall be fmancially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance. 12.Indemnification and Hold Harmless. Consultant shall,at its sole expense,indemnify,and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever to the extent caused by the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Agreement for Services(without professional liability coverage) Page 4 of 6 Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant's duty to indemnify,and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Consultant's duty to indemnify, and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees,and(b)Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Consultant, Consultant's agents, subcontractors,subconsultants,and employees. Consultant's duty to indemnify, and hold City harmless shall include, as to all claims, demands, losses, and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection,and all other claim-related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City,and does not include, or extend to,any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated.Notwithstanding any other provision contained within this Agreement,nothing shall be construed so as to void,vitiate or adversely affect any insurance coverages held by either party to this Agreement. 13. Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party may assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein,Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane Agreement for Services(without professional liability coverage) Page 5 of 6 County. Notwithstanding the foregoing,Consultant agrees that it may,at City's request,be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties hereto. 20. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21.Business Registration. Prior to commencement of work under this Agreement,Consultant shall register with the City as a business if it has not already done so. 22.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause,or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates pp Yl� �f The Parties have executed this Agreement this day of ✓tktfr '‘- ,20 I. CITY OF SPOKANE VALLEY Consultant: A(Ok edtt/ -- „„..--e.------ Mark Calhoun,Acting City Manager By: 7 l• 3`/e//6 Eric Shimizu; incipal ATTES ►: 1 l•-& )7>4-14 Christine Bainbridge, City Clerk APPROVE S TO FORM: (v., p .4..P Office the Ct ttorney Agreement for Services(without professional liability coverage) Page 6 of 6 • D KS 719 Second Avenue March 10, 2016 Suite 1250 Seattle,WA 98104-1706 Ray Wright, PE 206.382.9800 Planning&Grants Engineer www.dksassociates.com City of Spokane Valley Public Works Department 11707 E Sprague Ave,Suite 106 Spokane Valley,WA 99206 A16x07-018 Subject: Scope of Services for FASTLANE and TIGER Grant Application Proposals for City of Spokane Valley Rail Grade Separation Projects at Barker Rd and Pines Rd Dear Ray: The purpose of this scope of services is to prepare: • A FASTLANE grant application for the Barker Road/BNSF Grade Separation and Pines Road/BNSF Grade Separation project • An updated TIGER grant application for the Barker Road/BNSF Grade Separation project(based on using the 2015 TIGER grant application as a starting point) Applications will be compliant with U.S. DOT's Notice of Funding Availability(NOFA)for the FASTLANE grant program'and for the TIGER grant program2.The proposed grade separation projects are described in the Bridging the Valley study3 and the Horizon 2040 plana.The FASTLANE grant application consists of Standard Forms 424 and 424C,cover page, project narrative(25 pages maximum), benefit-cost analysis, and supporting documentation.The TIGER grant application consists of Standard Form 424,TIGER 2016 Project Information Form, project narrative (30 pages maximum), benefit-cost analysis, and supporting documentation. To meet the schedule demands, DKS Associates plans to divide up the grant application narrative sections between multiple writers and divide up the benefit-cost analysis between multiple technical analysts so that all portions of the application may be advanced at a rapid rate.This will also enable us to submit sections of the application to the City of Spokane Valley for review to keep the city involved Notice of Funding Opportunity for the Department of Transportation's Nationally Significant Freight and Highway Projects (FASTLANE Grants)for Fiscal Year 2016. U.S. Department of Transportation,Office of the Secretary of Transportation, Federal Register Vol 81, No 41,Docket No. DOT-OST-2016-0022. 2 Notice of Funding Opportunity for the Department of Transportation's National Infrastructure Investments under the Consolidated Appropriations Act,2016. U.S. Department of Transportation,Office of the Secretary of Transportation, Federal Register Vol 81, No 38, FR Doc. 2016-04217. 3 Bridging the Valley,Spokane Regional Transportation Council,2006.Available at:http://www.srtc.org/btv.html. 4 Horizon 2040,Spokane Regional Transportation Council, Dec.2013.Available at:http://www.srtc.org/mtp 2040.html. City of Spokane Valley Grant Applications March 10, 2016 D KS Page 2 of 9 throughout the process. DKS'freight experts will also be providing technical advice throughout the development of the applications.Our marketing director will help put a marketing spin on the applications and edit the full document so that it is presented in one cohesive writing style in the same voice. We recommend combining the Barker Road/BNSF Grade Separation project and Pines Road/BNSF Grade Separation project into one FASTLANE application. Separately,each project falls into the small project category where funding requests range from $5 million to$25 million.Only 10 percent of the$800 million FASTLANE funding will be awarded to small projects.The other 90 percent of the funding will be awarded to large projects where funding requests range from $25 million to$100 million. By combining the projects into a large project, it increases the City's chances of receiving funding, reduces the amount of effort(and associated cost) by the City and consultant team to prepare the application, and reduces the amount of review team required by U.S. DOT. It also keeps the projects from competing against each other. Both projects are similar in scope and benefits.We could easily highlight the differences between the projects in the application. Both projects would still have a separate benefit-cost analysis and U.S. DOT could choose to fund only one of the two projects. We recommend limiting the TIGER application to the Barker Road/BNSF Grade Separation project only since the City has heard from U.S. DOT that it has come close to receiving funding during past TIGER grant application submittals and has gained political traction. Some ideas for strengthening the existing Barker Road/BNSF Grade separation TIGER application (and also converting the information to a FASTLANE application) include: • Expand the benefit-cost analysis to include an assessment of how the project will improve emergency response times within the project vicinity, improve the state of good repair, and provide economic competitiveness benefits on the freight rail side. • Expand the benefit-cost analysis to include an assessment of operations and maintenance savings for not having to maintain grade crossing signal operations or the grade crossing itself (e.g.gates,crossing surface). • Update the application so that it has more of a marketing and public relations spin than an engineering spin.This could be achieved by using colored text boxes to highlight key points and the use of more tables and figures because the current report is heavy on text.Some examples include putting the schedule in a graphic format, showing the funding breakdown in a pie chart, freshening up the 2004 project map so it shows less engineering detail, and providing additional images and graphics to provide greater emphasis for key messages(e.g., including a photograph that clearly conveys the F Intersection LOS grade. The key elements for the Pines Road/BNSF Grade Separation portion of the FASTLANE application will be very similar to the Barker Road/BNSF Grade Separation application but would have different cost and benefit quantities. One notable difference is that we would include analysis of the nearby traffic signal City of Spokane Valley Grant Applications March 10, 2016 D KS Page 3 of 9 at the Pines Road/Trent Avenue intersection. We would use a traffic simulation program such as Synchro to quantify the vehicle delay and emissions with existing railroad preemption and without railroad preemption and include it in the benefit-cost analysis. This letter includes project scope assumptions,a detailed scope of services for each task, project schedule, and project budget. Project Scope Assumptions DKS Associates(herein "Consultant")will prepare the majority of the TIGER Grant Application with support from the City of Spokane Valley(herein "City"). For budgeting purposes this scope of services assumes: • City is already registered with grants.gov. • City will enter the final application electronically into the grants.gov website. • City will provide all available data for proposed projects such as traffic volumes,freight volumes, and crash data. • City will provide Synchro files for any traffic signals within the project vicinity. • City will provide input on the funding sources they plan to use for the local match. • City will provide NEPA environmental clearances from the Bridging the Valley project as related to the Barker Rd and Pines Rd projects. • City will help identify project risks. • City will complete the Federal Wage Rate Certification portion of the grant applications. • City will solicit and collect letters of support for the grant applications. • City will provide review comments within two days of receiving each draft section of each application. Task 1.0 Project Management and Coordination Consultant shall monitor project schedule, scope,and budget, manage team resources, and facilitate project coordination meetings as described under this task. Task 1.1 Project Kick-Off Meeting Consultant shall facilitate a kick-off meeting with City within three days from Notice to Proceed.The purpose of the meeting will be to review the grant outlines, brainstorm ideas for project narrative content, and assign responsibilities. Task 1.1 Deliverables • Meeting minutes within two days after meeting. City of Spokane Valley Grant Applications March 10, 2016 D KS Page 4 of 9 Task 1.2 FASTLANE Application Review Meeting Consultant shall facilitate a meeting with City no later than April 8, 2016.The purpose of the meeting will be to perform a final review of the FASTLANE grant application and identify final edits needed prior to submittal to U.S. DOT. Task 1.2 Deliverables • Meeting minutes within two days after meeting. Task 1.3 TIGER Application Review Meeting Consultant shall facilitate a meeting with City no later than April 25, 2016.The purpose of the meeting will be to perform a final review of the TIGER grant application and identify final edits needed prior to submittal to U.S. DOT. Task 1.3 Deliverables • Meeting minutes within two days after meeting. Task 2.0 FASTLANE Grant Application Consultant shall prepare the FASTLANE grant application as described in the sub-tasks. Consultant shall prepare one application that includes both the Barker Road/BNSF Grade Separation project and the Pines Road/BNSF Grade Separation project. Task 2.1 Standard Forms,Cover Page,and Supporting Documentation Under this task Consultant shall: • Complete Standard Form 424(Application for Project Assistance). • Complete Standard Form 424C(Budget Information for Construction Programs). • Develop a cover page per the NOFO. • Compile all supporting documentation into one location or PDF.This may include items such as the detailed benefit-cost analysis, statements of support,funding obligation statements,and environmental requirements. Task 2.1 Deliverables • Standard Form 242 • Standard Form 242C • Cover Page • Compilation of Supporting Documentation Task 2.2 Project Narrative Sections I thru IV(Description, Location, Parties, Funding Sources) Consultant shall prepare: City of Spokane Valley Grant Applications March 10, 2016 D KS Page 5 of 9 • Section I (Project Description):overview of the project, project size, information on expected system users, description of the transportation challenges the project aims to address, relevant before and after data • Section II (Project Location): description of project location and connections to existing transportation infrastructure, urbanized area designation, and project map • Section III (Project Parties): information about City and any other project parties(e.g. Washington State Department of Transportation, BNSF,freight industry) • Section IV(Grant Funds and Sources/Uses of Project Funds): amount of grant funding requested, availability/commitment of fund sources,total project costs, percentage of project costs paid for by FASTLANE grant, and the identity and percentage shares of all parties providing funds for the project Task 2.2 Deliverables • Project Narrative Section I (Project Description) • Project Narrative Section II (Project Location and Map) • Project Narrative Section III (Project Parties) • Project Narrative Section IV(Grant Funds and Sources/Uses of Project Funds) Task 2.3 Project Narrative Section V(Cost-Effectiveness Analysis) Consultant shall prepare: • Benefit-Cost Analysis(BCA): Consultant shall update the BCA that was prepared for the Barker Rd Grade Separation project for the 2015 TIGER grant applications. Consultant shall prepare a new BCA for the Pines Rd Grade Separation project per U.S. DOT requirementss. • Section V(Cost-Effectiveness Analysis): Describe the monetary results of the BCA and describe qualitative benefits of the project not captured in the BCA. Describe the detailed project budget, evidence of stable and reliable capital and operating fund commitments sufficient to cover estimated costs, availability of contingency reserves if needed, evidence of the financial condition of the project sponsors, and evidence of the grant recipient's ability to manage grants Task 2.3 Deliverables • Benefit-Cost Analysis in Microsoft Excel format: one file for the Barker Road/BNSF Grade Separation project and one file for the Pines Road/BNSF Grade Separation project • Project Narrative Section V(Cost-Effectiveness Analysis) s BCA Guidance, U.S. Department of Transportation.Available at:https://www.transportation.gov/fastlanegrants/bca-and- project-readi ness-guidance. City of Spokane Valley Grant Applications March 10, 2016 D KS Page 6 of 9 Task 2.4 Project Narrative Section VI (Merit Selection Criteria) Consultant shall prepare: • Section VI.a (Economic Outcomes): Demonstrate how project contributes to the economic competitiveness of the United States. • Section VI.b (Mobility Outcomes): Demonstrate how project improves the movement of people and goods. • Section Vl.c(Safety Outcomes): Demonstrate how project improves safety of all modes of transportation and users and reduces the likelihood of derailments or high consequence events. • Section Vl.d (Community and Environmental Outcomes): Demonstrate how project benefits the human and natural environment and enhances personal mobility and accessibility. Task 2.4 Deliverables • Project Narrative Section Vl.a (Economic Outcomes) • Project Narrative Section VI.b (Mobility Outcomes) • Project Narrative Section VI.c(Safety Outcomes) • Project Narrative Section VI.d (Community and Environmental Outcomes) Task 2.5 Project Narrative Section VII (Other Review Selection Criteria) Consultant shall prepare: • Section VII.a (Partnership and Innovation): Demonstrate strong collaboration among a broad range of participants and demonstrate the extent to which the project uses innovative designs, construction techniques,or technology. • Section VII.b (Cost Share): Demonstrate available stable and dependable funding sources and the need for federal funding. Task 2.5 Deliverables • Project Narrative Section VII.a (Partnership and Innovation) • Project Narrative Section VII.b(Cost Share) Task 2.6 Project Narrative Section VIII (Project Readiness) Consultant shall prepare: • Technical Feasibility: Detailed scope of work of all project elements such as City project oversight(design and construction)and all technical and engineering aspects of the project • Project Schedule: Detailed project schedule that includes all major project milestones such as environmental reviews and approvals, right of way acquisition (if applicable), PS&E development and review, procurement, and construction; Note:all pre-construction activities must obligate grant funds prior to September 30, 2019 in the project schedule. City of Spokane Valley Grant Applications March 10, 2016 DKS Page 7 of 9 • Required Approvals: Description and documentation of any NEPA/environmental reviews/approvals, state and local approvals,and project conformance with state and local planning processes • Assessment of Project Risks and Mitigation Strategies: Identify any potential project risks(e.g. environmental review, right-of-way acquisition) and strategies that will be used to mitigate those risks. Task 2.6 Deliverables • Project Narrative Section VIII (Project Readiness) Task 3.0 TIGER Grant Application Consultant shall prepare the TIGER grant application as described in the sub-tasks.Consultant shall use the 2015 TIGER grant application for the Barker Road/BNSF Grade Separation project as a starting point and update it to address any changes in the 2016 TIGER grant application requirements and as described in the beginning of this letter. The benefit-cost analysis will be completed under Task 2.5 and included in the updated TIGER grant application. Task 3.1 Standard Forms and Supporting Documentation Under this task Consultant shall: • Update Standard Form 424(Application for Project Assistance). • Complete TIGER 2016 Project Information Form. • Compile all supporting documentation into one location or PDF.This may include items such as the detailed benefit-cost analysis,statements of support,funding obligation statements, and environmental requirements. Task 3.1 Deliverables • Standard Form 242 • TIGER 2016 Project Information Form • Supporting Documentation Task 3.2 Project Narrative Consultant shall update the narrative prepared in 2015. Task 3.2 Deliverables • Project Narrative City of Spokane Valley Grant Applications March 10, 2016 D KS Page 8 of 9 Task 4.0 Contingency Task In the case that City prefers not to assume the financial risk of combining both the Barker Road/BNSF Grade Separation and Pines Road/BNSF Grade Separation,this contingency task includes preparing separate FASTLANE applications for the two projects. Under this scenario,the standard forms,cover page, supporting documentation, and narrative under Task 2.0, and the associated cost,would be for the Pines Road/BNSF Grade Separation project.The BCA scope and cost under Task 2.0 for the Barker Road/BNSF Grade Separation would not need to be duplicated under Task 4.0. Under Task 4.0,Consultant shall prepare a separate FASTLANE grant application for the Barker Road/BNSF Grade Separation that includes the same elements as described under Task 2.0. Task 4.0 Deliverables • Standard Form 242 • Standard Form 242C • Cover Page • Compilation of Supporting Documentation • Project Narrative Project Schedule The FASTLANE application is due to U.S. DOT no later than 8 pm PDT on April 14,2016 and the TIGER application is due to U.S. DOT no later than 8 pm EDT on April 29,2016. Proposed interim milestones to meet this schedule include: • Monday, March 21 or sooner: Project kick-off meeting with City • Monday, March 28 thru Tuesday,April 5: DKS will submit individual sections of FASTLANE application for review • Friday,April 8: FASTLANE Application review meeting with City • Tuesday,April 12: DKS will submit final FASTLANE application to City • Wednesday,April 13:City will enter the FASTLANE application into the grants.gov system • Friday,April 15 thru Wednesday,April 20: DKS will submit individual sections of TIGER application for review • Monday,April 25:TIGER Application review meeting with City • Wednesday,April 27: DKS will submit final TIGER application to City • Thursday,April 28: City will enter the TIGER application into the grants.gov system Notice to proceed (NTP) is anticipated within one to two days of the March 15,2016 city council meeting that will determine consultant selection. City of Spokane Valley Grant Applications March 10, 2016 DKS Page 9 of 9 Project Budget The proposed project budget is$72,160.The contingency budget for preparing a second FASTLANE grant application is$6,470.See Attachment A for detailed budget. Sincerely, DKS Associates A Corporation James Peters Principal Attachments: A. 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P• ca n v c m o 0 O 0 „ u > m CO U Y ri tV 01 e 0 p 0 ti a « a A W alr ¢ a Q LL 2 + / 0 DATE(MMIDD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE ‘......---- 3/18/2016 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 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 CONTNAMEACT Kim Coleman Berger Edgewood Partners Insurance Center PHONEg16-576-1534 FAX No):916-583-7619 License No.OB29370 (AIC_No Fri) P.O. Box 13847 a DRlFss:Kim.Coleman_Berger@epicbrokers.com Sacramento CA 95853 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Ins Co of the Midwest 37478 INSURED DKSAS-1 INSURER B:Hartford Casualty Insurance Company 29424 DKS Associates INSURER C:Hartford Accident&Indemnity 22357 1970 Broadway,Suite 740 INSURER D:Lloyd's 85202 Oakland CA 94612 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:571545856 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY 57UUNVJ5164 5/1/2015 5/1/2016 EACH OCCURRENCE $1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR - PREMISES(EaENTEoccu ence) $300,000 X Ded.$5.000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECOT- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 57UUNVJ5164 5/1/2015 5/1/2016 (Ea agcident)OMINED SINGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ AUTOWNED — SCHEDULED BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) 1 $ B X UMBRELLA LIAB XOCCUR 57XHUVJ3516 5/1/2015 5/1/2016 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$$10,000 $ C WORKERS COMPENSATION 57WEGE0049 5/1/2015 5/1/2016 X STATUTE ETPER H AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Errors and Omissions-Claims Made BN300650J 5/1/2015 5/1/2016 Per Claim/Aggregate $1,000,000 C Stop Gap-Washington State 57WEGE0049 5/1/2015 5/1/2016 E&O Deductible $50,000 Employer's Liability $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Project#16045-000,Spokane Valley Fastlane Grant Application, 11707 E.Sprague Ave.,Suite 106,Spokane Valley,WA 99206. Additional Insured:City of Spokane. When required by written contract,additional insured status with primary coverage applies to General Liability and Automobile Liability and waiver of subrogation applies to General Liability,Automobile Liability and Workers'Compensation,all per the attached endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane ACCORDANCE WITH THE POLICY PROVISIONS. 719 2nd Ave.,Suite 1250 Seattle,WA 98104 AUTHORIZED REPRESENTATIVE I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Policy Number#57UUNVJ5164 it COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (2) The "bodily injury" or "property damage" occurs the entire policy carefully to determine rights, duties and during the policy period; and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words "you" and "your' refer to under Paragraph 1. of Section II — Who Is An the Named Insured shown in the Declarations, and any Insured and no"employee" authorized by you to other person or organization qualifying as a Named give or receive notice of an "occurrence" or Insured under this policy. The words "we", "us" and "our" claim, knew that the "bodily injury" or "property refer to the stock insurance company member of The damage" had occurred, in whole or in part. If Hartford providing this insurance. such a listed insured or authorized "employee" The word "insured" means any person or organization knew, prior to the policy period, that the "bodily qualifying as such under Section II—Who Is An Insured. injury"or"property damage" occurred, then any that appear inquotation marks continuation, change or resumption of such Other words and phrasespP "bodily injury" or "property damage" during or have special meaning. Refer to Section V—Definitions. after the policy period will be deemed to have SECTION I—COVERAGES been known prior to the policy period. COVERAGE A BODILY INJURY AND PROPERTY c. "Bodily injury" or"property damage"will be deemed DAMAGE LIABILITY to have been known to have occurred at the 1. Insuring Agreement earliest time when any insured listed under Paragraph 1. of Section II —Who Is An Insured or a. We will pay those sums that the insured becomes any "employee" authorized by you to give or legally obligated to pay as damages because of receive notice of an "occurrence"or claim: "bodily injury" orproperty damage" to which this insurance applies. We will have the right and duty (1) Reports all, or any part, of the "bodily injury" or to defend the insured against any "suit" seeking "property damage"to us or any other insurer; those damages. However, we will have no duty to (2) Receives a written or verbal demand or claim defend the insured against any "suit" seeking for damages because of the "bodily injury" or damages for"bodily injury" or"property damage"to "property damage"; or which this insurance does not apply. We may, at (3) Becomes aware by any other means that our discretion, investigate any "occurrence" and "bodily injury" or "property damage" has settle any claim or"suit"that may result. But: occurred or has begun to occur. (1) The amount we will pay for damages is limited d. Damages because of "bodily injury" include as described in Section III — Limits Of damages claimed by any person or organization for Insurance; and care, loss of services or death resulting at any time (2) Our right and duty to defend ends when we from the"bodily injury". have used up the applicable limit of insurance in e. Incidental Medical Malpractice the payment of judgments or settlements under Coverages A or B or medical expenses under (1) "Bodily injury" arising out of the rendering of or Coverage C. failure to render professional health care services as a physician, dentist, nurse, No other obligation or liability to pay sums or emergency medical technician or paramedic perform acts or services is covered unless explicitly shall be deemed to be caused by an provided for under Supplementary Payments — "occurrence", but only if: Coverages A and B. (a) The physician, dentist, nurse, emergency b. This insurance applies to "bodily injury" and medical technician or paramedic is "property damage"only if: employed by you to provide such services; 1 (1) The "bodily injury" or "property damage" is and caused by an "occurrence" that takes place in (b) You are not engaged in the business or the"coverage territory"; occupation of providing such services. HG 00 01 06 05 Page 1 of 18 ©2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) Policy Number#57UUNVJ5164 (2) For the purpose of determining the limits of d. Workers'Compensation And Similar Laws insurance for incidental medical malpractice, Any obligation of the insured under a workers' any act or omission together with all related acts compensation, disability benefits or unemployment or omissions in the furnishing of these services compensation law or any similar law. to any one person will be considered one , "occurrence". e. Employers Liability 2. Exclusions "Bodily injury"to: This insurance does not apply to: (1) An "employee"of the insured arising out of and in the course of: a. Expected Or Intended Injury (a) Employment by the insured; or "Bodily injury' or "property damage" expected or (b) Performing duties related to the conduct of \I intended from the standpoint of the insured. This the insured's business;or exclusion does not apply to "bodily injury" or "property damage" resulting from the use of (2) The spouse, child, parent, brother or sister of reasonable force to protect persons or property. that "employee" as a consequence of b. Contractual Liability Paragraph (1)above. "Bodily injury" or "property damage" for which the This exclusion applies: insured is obligated to pay damages by reason of (1) Whether the insured may be liable as an the assumption of liability in a contract or employer or in any other capacity; and agreement. This exclusion does not apply to liability (2) To any obligation to share damages with or for damages: repay someone else who must pay damages (1) That the insured would have in the absence of because of the injury. the contract or agreement;or This exclusion does not apply to liability assumed (2) Assumed in a contract or agreement that is an by the insured under an "insured contract". "insured contract", provided the"bodily injury"or f. Pollution "property damage" occurs subsequent to the (1) "Bodily injury" or "property damage" arising out execution of the contract or agreement. Solely of the actual, alleged or threatened discharge, for the purposes of liability assumed in an dispersal, seepage, migration, release or "insured contract", reasonable attorney fees and escape of"pollutants": necessary litigation expenses incurred by or for a party other than an insured are deemed to be (a) At or from any premises, site or location damages because of"bodily injury" or"property which is or was at any time owned or damage", provided: occupied by, or rented or loaned to, any (a) Liability to such party for, or for the cost of, insured. However, this subparagraph does that party's defense has also been assumed not apply to: in the same "insured contract";and (i) "Bodily injury" if sustained within a (b) Such attorney fees and litigation expenses building and caused by smoke, fumes, are for defense of that party against a civil or vapor or soot produced by or originating from equipment that is used to heat, cool alternative dispute resolution proceeding in which damages to which this insurance or dehumidify the building, or equipment applies are alleged. that is used to heat water for personal • use, by the building's occupants or their c. Liquor Liability guests; "Bodily injury" or "property damage" for which any (ii) "Bodily injury" or "property damage" for insured may be held liable by reason of: which you may be held liable, if you are a (1) Causing or contributing to the intoxication of any contractor and the owner or lessee of person; such premises, site or location has been (2) The furnishing of alcoholic beverages to a added to your policy as an additional person under the legal drinking age or under the insured with respect to your ongoing influence of alcohol; or operations performed for that additional insured at that premises, site or location (3) Any statute, ordinance or regulation relating to and such premises, site or location is not the sale, gift, distribution or use of alcoholic and never was owned or occupied by, or beverages. rented or loaned to, any insured, other This exclusion applies only if you are in the than that additional insured; or business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. Page 2 of 18 HG 00 01 06 06 Policy Number#57UUNVJ5164 (iii) "Bodily injury' or "property damage" (e) At or from any premises, site or location on arising out of heat, smoke or fumes from which any insured or any contractors or a"hostile fire"; subcontractors working directly or indirectly (b) At or from any premises, site or location on any insured's behalf are performing which is or was at any time used by or for operations if the operations are to test for, any insured or others for the handling, monitor, clean up, remove, contain, treat, storage, disposal, processing or treatment of detoxify or neutralize, or in any way respond waste; to, or assess the effects of, "pollutants". (c) Which are or were at any time transported, (2) Any loss, cost or expense arising out of any: handled, stored, treated, disposed of, or (a) Request, demand, order or statutory or processed as waste by or for: regulatory requirement that any insured or (i) Any insured;or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in (ii) Any person or organization for whom you any way respond to,or assess the effects of, may be legally responsible; "pollutants";or (d) At or from any premises, site or location on (b) Claim or suit by or on behalf of a which any insured or any contractors or governmental authority for damages subcontractors working directly or indirectly because of testing for, monitoring, cleaning on any insured's behalf are performing up, removing, containing, treating, operations if the "pollutants" are brought on detoxifying or neutralizing, or in any way or to the premises, site or location in responding to, or assessing the effects of, connection with such operations by such "pollutants". insured, contractor or subcontractor. However, this subparagraph does not apply However, this paragraph does not apply to to: liability for damages because of "property (i) "Bodily injury' or "property damage" damage" that the insured would have in the absence of such request, demand, order or arising out of the escape of fuels, statutory or regulatory requirement, or such lubricants or other operating fluids which claim or"suit"by or on behalf of a governmental are needed to perform the normal authority. electrical, hydraulic or mechanical functions necessary for the operation of g. Aircraft,Auto Or Watercraft "mobile equipment" or its parts, if such "Bodily injury" or "property damage" arising out of fuels, lubricants or other operating fluids the ownership, maintenance, use or entrustment to escape from a vehicle part designed to others of any aircraft, "auto" or watercraft owned or hold, store or receive them. This operated by or rented or loaned to any insured. Use exception does not apply if the "bodily includes operation and"loading or unloading". injury" or"property damage" arises out of This exclusion applies even if the claims against the .intentional discharge, dispersal or any insured allege negligence or other wrongdoing release of the fuels, lubricants or other in the supervision, hiring, employment, training or operating fluids, or if such fuels, monitoring of others by that insured, if the lubricants or other operating fluids are "occurrence" which caused the "bodily injury" or brought on or to the premises, site or "property damage" involved the ownership, location with the intent that they be maintenance, use or entrustment to others of any discharged, dispersed or released as part aircraft, "auto" or watercraft that is owned or of the operations being performed by operated by or rented or loaned to any insured. such insured, contractor or subcontractor; This exclusion does not apply to: (ii) "Bodily injury' or "property damage" (1) A watercraft while ashore on premises you own sustained within a building and caused or rent; by the release of gases,fumes or vapors (2) A watercraft you do not own that is: from materials brought into that building (a) Less than 51 feet long; and in connection with operations being (b) Not being used to carry persons for a performed by you or on your behalf by a charge; contractor or subcontractor;or (iii) "Bodily injury' or "property damage" (3) Parking an "auto" on, or on the ways next to, arising out of heat, smoke or fumes from premises you own or rent, provided the "auto"is a"hostile fire";or not owned by or rented or loaned to you or the insured; HG 00 01 06 05 Page 3 of 18 Policy Number#57UUNVJ5164 (4) Liability assumed under any "insured contract" working directly or indirectly on your behalf are for the ownership, maintenance or use of performing operations, if the "property damage" aircraft or watercraft; arises out of those operations; or (5) "Bodily injury" or "property damage" arising out (6) That particular part of any property that must be of the operation of any of the equipment listed in restored, repaired or replaced because "your Paragraph f.(2) or f.(3) of the definition of work"was incorrectly performed on it. "mobile equipment"; or Paragraphs (1), (3) and (4) of this exclusion do not (6) An aircraft that is not owned by any insured and apply to "property damage" (other than damage by is hired, chartered or loaned with a paid crew. fire) to premises, including the contents of such However, this exception does not apply if the premises, rented to you for a period of 7 or fewer insured has any other insurance for such"bodily consecutive days. A separate limit of insurance injury" or "property damage", whether the other applies to Damage To Premises Rented To You as insurance is primary, excess, contingent or on described in Section III—Limits Of Insurance. any other basis. Paragraph(2)of this exclusion does not apply if the h. Mobile Equipment premises are"your work"and were never occupied, "Bodily injury"or"property damage"arising out of: rented or held for rental by you. (1) The transportation of"mobile equipment" by an Paragraphs (3) and (4) of this exclusion do not "auto"owned or operated by or rented or loaned apply to "property damage" arising from the use of to any insured;or elevators. (2) The use of "mobile equipment" in, or while in Paragraphs (3), (4), (5) and (6) of this exclusion do practice for, or while being prepared for, any not apply to liability assumed under a sidetrack prearranged racing, speed, demolition, or agreement. stunting activity. Paragraphs (3) and (4) of this exclusion do not i. War apply to "property damage"to borrowed equipment while not being used to perform operations at the "Bodily injury" or "property damage", however job site. caused,arising, directly or indirectly,out of: (1) War, including undeclared or civil war; Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- (2) Warlike action by a military force, including completed operations hazard". action in hindering or defending against an k. Damage To Your Product actual or expected attack, by any government, sovereign or other authority using military "Property damage"to"your product"arising out of it personnel or other agents;or or any part of it. (3) Insurrection, rebellion, revolution, usurped I. Damage To Your Work power, or action taken by governmental "Property damage"to"your work"arising out of it or authority in hindering or defending against any any part of it and included in the "products- of these. completed operations hazard". j. Damage To Property This exclusion does not apply if the damaged work "Property damage"to: or the work out of which the damage arises was (1) Property you own, rent, or occupy, including any performed on your behalf by a subcontractor. costs or expenses incurred by you, or any other m. Damage To Impaired Property Or Property Not person, organization or entity, for repair, Physically Injured replacement, enhancement, restoration or "Property damage" to "impaired property" or maintenance of such property for any reason, property that has not been physically injured, including prevention of injury to a person or arising out of: damage to another's property; (1) A defect, deficiency, inadequacy or dangerous (2) Premises you sell, give away or abandon, if the condition in"your product"or"your work";or "property damage" arises out of any part of (2) A delay or failure by you or anyone acting on those premises; your behalf to perform a contract or agreement (3) Property loaned to you; in accordance with its terms. (4) Personal property in the care, custody or control This exclusion does not apply to the loss of use of of the insured; other property arising out of sudden and accidental (5) That particular part of real property on which physical injury to"your product" or"your work" after you or any contractors or subcontractors it has been put to its intended use. Page 4of18 HG00010605 Policy Number#57UUNVJ5164 n. Recall Of Products, Work Or Impaired kind to persons or property which would not Property have occurred in whole or in part but for the Damages claimed for any loss, cost or expense "asbestos hazard"; incurred by you or others for the loss of use, (b) Arise out of any request, demand, order or withdrawal, recall, inspection, repair, replacement, statutory or regulatory requirement that any adjustment, removal or disposal of: insured or others test for, monitor, clean up, (1) "Your product"; remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or (2) "Your work"; or assess the effects of an "asbestos hazard"; (3) "Impaired property"; or if such product, work, or property is withdrawn or (c) Arise out of any claim or suit for damages recalled from the market or from use by any person because of testing for, monitoring, cleaning or organization because of a known or suspected up, removing, encapsulating, containing, defect, deficiency, inadequacy or dangerous treating, detoxifying or neutralizing or in any condition in it. way responding to or assessing the effects o. Personal And Advertising Injury of an "asbestos hazard". "Bodily injury" arising out of "personal and Damage To Premises Rented To You - Exception advertising injury". For Damage By Fire, Lightning Or Explosion p. Electronic Data Exclusions c. through h. and j.through n. do not apply Damages arising out of the loss of, loss of use of, to damage by fire, lightning or explosion to premises damage to, corruption of, inability to access, or while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance inability to manipulate electronic data. applies to this coverage as described in Section III — As used in this exclusion, electronic data means Limits Of Insurance. information, facts or programs stored as or on, COVERAGE B PERSONAL AND ADVERTISING created or used on, or transmitted to or from INJURY LIABILITY computer software, including systems and applications software, hard or floppy disks, CD- 1. Insuring Agreement ROMS, tapes, drives, cells, data processing a. We will pay those sums that the insured becomes devices or any other media which are used with legally obligated to pay as damages because of electronically controlled equipment. "personal and advertising injury" to which this q. Employment-Related Practices insurance applies. We will have the right and duty "Bodilyinjury"to: to defend the insured against any "suit" seeking m 1 rY those damages. However, we will have no duty to (1) A person arising out of any "employment— defend the insured against any "suit" seeking related practices"; or damages for "personal and advertising injury" to (2) The spouse, child, parent, brother or sister of which this insurance does not apply. We may, at that person as a consequence of "bodily injury" our discretion, investigate any offense and settle to that person at whom any "employment- any claim or"suit"that may result. But: related practices"are directed. (1) The amount we will pay for damages is limited This exclusion applies: as described in Section III — Limits Of (1) Whether the insured may be liable as an Insurance; and employer or in any other capacity; and (2) Our right and duty to defend end when we have (2) To any obligation to share damages with or used up the applicable limit of insurance in the else who must pay damages payment of judgments or settlements under repay someone because of the injury. Coverages A or B or medical expenses under Coverage C. r. Asbestos No other obligation or liability to pay sums or (1) "Bodily injury" or "property damage" arising out perform acts or services is covered unless explicitly of the"asbestos hazard". provided for under Supplementary Payments — (2) Any damages, judgments, settlements, loss, Coverages A and B. costs or expenses that: b. This insurance applies to "personal and advertising (a) May be awarded or incurred by reason of injury" caused by an offense arising out of your any claim or suit alleging actual or business but only if the offense was committed in threatened injury or damage of any nature or the"coverage territory"during the policy period. HG 00 01 06 05 Page 5 of 18 Policy Number#57UUNVJ5164 2. Exclusions (2) Slogan, unless the slogan is also a trademark, This insurance does not apply to: trade name, service mark or other designation a. Knowing Violation Of Rights Of Another of origin or authenticity;or (3) Title of any literary or artistic work. "Personal and advertising injury" arising out of an offense committed by, at the direction or with the j. Insureds In Media And Internet Type consent or acquiescence of the insured with the Businesses expectation of inflicting "personal and advertising "Personal and advertising injury" committed by an injury". insured whose business is: b. Material Published With Knowledge Of Falsity (1) Advertising, broadcasting, publishing or "Personal and advertising injury" arising out of oral, telecasting; written or electronic publication of material, if done (2) Designing or determining content of web sites by or at the direction of the insured with knowledge for others; or of its falsity. (3) An Internet search, access, content or service c. Material Published Prior To Policy Period provider. "Personal and advertising injury" arising out of oral, However, this exclusion does not apply to written or electronic publication of material whose Paragraphs 17.a., b. and c. of "personal and first publication took place before the beginning of advertising injury" under the Definitions Section. the policy period. For the purposes of this exclusion, placing an d. Criminal Acts "advertisement"for or linking to others on your web "Personal and advertising injury" arising out of a site, by itself, is not considered the business of criminal act committed by or at the direction of the advertising, broadcasting, publishing or telecasting. insured. k. Electronic Chatrooms Or Bulletin Boards e. Contractual Liability "Personal and advertising injury" arising out of an "Personal and advertising injury" for which the electronic chatroom or bulletin board the insured insured has assumed liability in a contract or hosts, owns, or over which the insured exercises agreement. This exclusion does not apply to liability control. for damages that the insured would have in the I. Unauthorized Use Of Another's Name Or absence of the contract or agreement. Product f. Breach Of Contract "Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of a unauthorized use of another's name or product in breach of contract, exceptyour e-mail address, domain name or metatags, or an implied contract to use any other similar tactics to mislead another's another's"advertising idea" in your"advertisement". potential customers. g. Quality Or Performance Of Goods — Failure To m. Pollution Conform To Statements "Personal and advertising injury" arising out of the "Personal and advertising injuryarising out of the failure of goods, products or services to conform actual, alleged or threatened discharge, dispersal, with any statement of quality or performance made seepage, migration, release or escape of in your"advertisement". "pollutants"at any time. h. Wrong Description Of Prices n. Pollution-Related "Personal and advertising injury" arising out of the Any loss,cost or expense arising out of any: wrong description of the price of goods, products or (1) Request, demand, order or statutory or services. regulatory requirement that any insured or i. Infringement Of Intellectual Property Rights others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any "Personal and advertising injury" arising out of any way respond to, or assess the effects of, violation of any intellectual property rights such as "pollutants"; or copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin (2) Claim or suit by or on behalf of a governmental or authenticity. authority for damages because of testing for, monitoring, cleaning up, removing, containing, However, this exclusion does not apply to treating, detoxifying or neutralizing, or in any infringement, in your"advertisement",of: way responding to, or assessing the effects of, (1) Copyright; "pollutants". Page 6of18 HG00010605 Policy Number#57UUNVJ5164 o. War (2) The spouse, child, parent, brother or sister of "Personal and advertising injury", however caused, that person as a consequence of "personal and arising, directly or indirectly,out of: advertising injury" to that person at whom any "employment-related practices are directed. (1) War, including undeclared or civil war; This exclusion applies: (2) Warlike action by a military force, including action in hindering or defending against an (1) Whether the insured may be liable as an actual or expected attack, by any government, employer or in any other capacity; and sovereign or other authority using military (2) To any obligation to share damages with or personnel or other agents;or repay someone else who must pay damages (3) Insurrection, rebellion, revolution, usurped power, because of the injury. or action taken by governmental authority in v. Asbestos hindering or defending against any of these. (1) "Personal and advertising injury" arising out of p. Internet Advertisements And Content Of Others the"asbestos hazard". "Personal and advertising injury"arising out of: (2) Any damages, judgments, settlements, loss, (1) An"advertisement"for others on your web site; costs or expenses that: (2) Placing a link to a web site of others on your (a) May be awarded or incurred by reason of web site; any claim or suit alleging actual or threatened injury or damage of any nature or (3) Content, including information, sounds, text, kind to persons or property which would not graphics, or images from a web site of others have occurred in whole or in part but for the displayed within a frame or border on your web "asbestos hazard"; site;or (b) Arise out of any request, demand, order or (4) Computer code, software or programming used statutory or regulatory requirement that any to enable: insured or others test for, monitor, clean up, (a) Your web site; or remove, encapsulate, contain, treat, detoxify (b) The presentation or functionality of an or neutralize or in any way respond to or "advertisement" or other content on your assess the effects of an "asbestos hazard"; web site. or q. Right Of Privacy Created By Statute (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning "Personal and advertising injury" arising out of the up, removing, encapsulating, containing, violation of a person's right of privacy created by treating, detoxifying or neutralizing or in any any state or federal act. way responding to or assessing the effects However, this exclusion does not apply to liability of an "asbestos hazard". for damages that the insured would have in the COVERAGE C MEDICAL PAYMENTS absence of such state or federal act. 1. Insuring Agreement r. Violation Of Anti-Trust law a. We will pay medical expenses as described below "Personal and advertising injury" arising out of a for"bodily injury"caused by an accident: violation of any anti-trust law. (1) On premises you own or rent; s. Securities (2) On ways next to premises you own or rent; or "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or (3) Because of your operations; other securities. provided that: t. Discrimination Or Humiliation (1) The accident takes place in the "coverage "Personal and advertising injury" arising out of territory"and during the policy period; discrimination or humiliation committed by or at the (2) The expenses are incurred and reported to us direction of any "executive officer", director, within three years of the date of the accident; stockholder, partner or member of the insured. and u. Employment-Related Practices (3) The injured person submits to examination, at "Personal and advertising injury"to: our expense, by physicians of our choice as (1) A person arising out of any "employment— relatedoften as we reasonably require. practices"; or HG 00 01 06 05 Page 7 of 18 Policy Number#57UUNVJ5164 b. We will make these payments regardless of fault. e. All costs taxed against the insured in the"suit". These payments will not exceed the applicable limit f. Prejudgment interest awarded against the insured of insurance.We will pay reasonable expenses for: on that part of the judgment we pay. If we make an (1) First aid administered at the time of an accident; offer to pay the applicable limit of insurance,we will (2) Necessary medical, surgical, x-ray and dental not pay any prejudgment interest based on that services, including prosthetic devices;and period of time after the offer. (3) Necessary ambulance, hospital, professional g. All interest on the full amount of any judgment that nursing and funeral services. accrues after entry of the judgment and before we 2. Exclusions have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable We will not pay expenses for"bodily injury": limit of insurance. a. Any Insured These payments will not reduce the limits of insurance. To any insured, except"volunteer workers". 2. If we defend an insured against a "suit" and an b. Hired Person indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the To a person hired to do work for or on behalf of any insured or a tenant of any insured. following conditions are met: c. Injury On Normally Occupied Premises a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of To a person injured on that part of premises you the indemnitee in a contract or agreement that is an own or rent that the person normally occupies. "insured contract"; d. Workers Compensation And Similar Laws b. This insurance applies to such liability assumed by To a person, whether or not an "employee" of any the insured; insured, if benefits for the "bodily injury" are payable c. The obligation to defend, or the cost of the defense or must be provided under a workers' compensation of, that indemnitee, has also been assumed by the or disability benefits law or a similar law. insured in the same "insured contract"; e. Athletics Activities d. The allegations in the "suit" and the information we To a person injured while practicing, instructing or know about the "occurrence" are such that no participating in any physical exercises or games, conflict appears to exist between the interests of sports, or athletic contests. the insured and the interests of the indemnitee; f. Products-Completed Operations Hazard e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against Included within the "products completed operations , such "suit" and agree that we can assign the same hazard". counsel to defend the insured and the indemnitee; g. Coverage A Exclusions and Excluded under Coverage A. f. The indemnitee: SUPPLEMENTARY PAYMENTS — COVERAGES (1) Agrees in writing to: A AND B (a) Cooperate with us in the investigation, 1. We will pay,with respect to any claim we investigate or settlement or defense of the"suit"; settle,or any"suit"against an insured we defend: (b) Immediately send us copies of any a. All expenses we incur. demands, notices, summonses or legal b. Up to $1,000 for cost of bail bonds required papers received in connection with the"suit"; because of accidents or traffic law violations arising (c) Notify any other insurer whose coverage is out of the use of any vehicle to which the Bodily available to the indemnitee; and Injury Liability Coverage applies. We do not have (d) Cooperate with us with respect to to furnish these bonds. coordinating other applicable insurance c. The cost of appeal bonds or bonds to release available to the indemnitee; and attachments, but only for bond amounts within the ,Provides us with written authorization to: applicable limit of insurance. We do not have to furnish these bonds. (a) Obtain records and other information related d. All reasonable expenses incurred by the insured at to the "suit"; and our request to assist us in the investigation or (b) Conduct and control the defense of the defense of the claim or "suit", including actual loss indemnitee in such"suit". of earnings up to $500 a day because of time off So long as the above conditions are met, attorneys' from work. fees incurred by us in the defense of that indemnitee, Page 8 of 18 HG 00 01 06 06 Policy Number#57UUNVJ5164 necessary litigation expenses incurred by us and However, none of these "employees" or "volunteer necessary litigation expenses incurred by the workers"are insureds for: indemnitee at our request will be paid as (1) "Bodily injury" or "personal and advertising Supplementary Payments. Notwithstanding the injury": provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage (a) To you, to your partners or members (if you Liability, such payments will not be deemed to be are a partnership or joint venture), to your damages for"bodily injury" and"property damage" and membersto a co"em to co(if you are a-"emd ployee" liilit in the company), will not reduce the limits of insurance. p y course of his or her employment or Our obligation to defend an insured's indemnitee and performing duties related to the conduct of to pay for attorneys' fees and necessary litigation your business, or to your other "volunteer expenses as Supplementary Payments ends when: workers" while performing duties related to a. We have used up the applicable limit of insurance the conduct of your business; in the payment of judgments or settlements; or (b) To the spouse,child, parent, brother or sister b. The conditions set forth above, or the terms of the of that co-"employee" or that "volunteer agreement described in Paragraph f. above, are no worker" as a consequence of Paragraph longer met. (1)(a)above; SECTION II—WHO IS AN INSURED (c) For which there is any obligation to share 1. If you are designated in the Declarations as: damages with or repay someone else who must pay damages because of the injury a. An individual, you and your spouse are insureds, described in Paragraphs (1)(a) or(b) above; but only with respect to the conduct of a business or of which you are the sole owner. (d) Arising out of his or her providing or failing to b. A partnership or joint venture, you are an insured. provide professional health care services. Your members, your partners, and their spouses are also insureds, but only with respect to the If you are not in the business of providing conduct of your business. professional health care services, Paragraph (d) does not apply to any nurse, emergency c. A limited liability company, you are an insured. medical technician or paramedic employed by Your members are also insureds, but only with you to provide such services. respect to the conduct of your business. Your "Property damage"to roe managers are insureds, but only with respect to (2) p y g property: rtY their duties as your managers. (a) Owned,occupied or used by, d. An organization other than a partnership, joint (b) Rented to, in the care, custody or control of, venture or limited liability company, you are an or over which physical control is being insured. Your"executive officers" and directors are exercised for any purpose by insureds, but only with respect to their duties as you, any of your "employees", "volunteer your officers or directors. Your stockholders are workers", any partner or member (if you are a also insureds, but only with respect to their liability partnership or joint venture), or any member (if as stockholders. you are a limited liability company). e. A trust, you are an insured. Your trustees are also b. Real Estate Manager insureds, but only with respect to their duties as Any person (other than your "employee" or trustees. "volunteer worker"), or any organization while 2. Each of the following is also an insured: acting as your real estate manager. a. Employees and Volunteer workers c. Temporary Custodians of Your Property Your "volunteer workers" only while performing Any person or organization having proper duties related to the conduct of your business, or temporary custody of your property if you die, but your"employees", other than either your"executive only: officers" (if you are an organization other than a (1) With respect to liability arising out of the partnership, joint venture or limited liability maintenance or use of that property; and company) or your managers (if you are a limited liability company), but only for acts within the scope (2) Until your legal representative has been of their employment by you or while performing appointed. duties related to the conduct of your business. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will HG 00 01 06 05 Page 9 of 18 Policy Number#57UUNVJ5164 have all your rights and duties under this Coverage 5. Nonowned Watercraft Part. With respect to watercraft you do not own that is less e. Unnamed Subsidiary than 51 feet long and is not being used to carry Any subsidiary, and subsidiary thereof, of yours persons for a charge, any person is an insured while which is a legally incorporated entity of which you operating such watercraft with your permission. Any own a financial interest of more than 50% of the other person or organization responsible for the voting stock on the effective date of the Coverage conduct of such person is also an insured, but only Part. with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any The insurance afforded herein for any subsidiary kind is available to that person or organization for this not named in this Coverage Part as a named liability. insured does not apply to injury or damage with respect to which an insured under this Coverage However, no person or organization is an insured with Part is also an insured under another policy or respect to: would be an insured under such policy but for its a. "Bodily injury" to a co-"employee" of the person termination or the exhaustion of its limits of operating the watercraft;or insurance. b. "Property damage"to property owned by, rented to, 3. Newly Acquired or Formed Organization in the charge of or occupied by you or the employer Any organization you newly acquire or form, other than of any person who is an insured under this a partnership,joint venture or limited liability company, provision. and over which you maintain financial interest of more 6. Additional Insureds When Required By Written than 50% of the voting stock, will qualify as a Named Contract,Written Agreement Or Permit Insured if there is no other similar insurance available The following person(s) or organization(s) are an to that organization. However: additional insured when you have agreed, in a written a. Coverage under this provision is afforded only until contract, written agreement or because of a permit the 180th day after you acquire or form the issued by a state or political subdivision, that such organization or the end of the policy period, person or organization be added as an additional whichever is earlier; insured on your policy, provided the injury or damage b. Coverage A does not apply to "bodily injury" or occurs subsequent to the execution of the contract or "property damage" that occurred before you agreement. acquired or formed the organization; and A person or organization is an additional insured under c. Coverage B does not apply to "personal and this provision only for that period of time required by advertising injury" arising out of an offense the contract or agreement. committed before you acquired or formed the However, no such person or organization is an insured organization. under this provision if such person or organization is 4. Mobile Equipment included as an insured by an endorsement issued by us and made a part of this Coverage Part. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any a. Vendors person is an insured while driving such equipment Any person(s) or organization(s) (referred to below along a public highway with your permission. Any other as vendor), but only with respect to "bodily injury" person or organization responsible for the conduct of or"property damage" arising out of"your products" such person is also an insured, but only with respect to which are distributed or sold in the regular course liability arising out of the operation of the equipment, of the vendor's business and only if this Coverage and only if no other insurance of any kind is available Part provides coverage for "bodily injury" or to that person or organization for this liability. However, "property damage" included within the "products- no person or organization is an insured with respect to: completed operations hazard". a. "Bodily injury" to a co-"employee" of the person (1) The insurance afforded the vendor is subject to driving the equipment; or the following additional exclusions: b. "Property damage"to property owned by, rented to, This insurance does not apply to: in the charge of or occupied by you or the employer (a) "Bodily injury" or "property damage" for of any person who is an insured under this which the vendor is obligated to pay provision. 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; Page 10 of 18 HG 00 01 06 05 Policy Number#57U UNVJ5164 (b) Any express warranty unauthorized by you; c. Lessors of Land or Premises (c) Any physical or chemical change in the Any person or organization from whom you lease product made intentionally by the vendor; land or premises, but only with respect to liability (d) Repackaging, except when unpacked solely arising out of the ownership, maintenance or use of for the purpose of inspection, demonstration, that part of the land or premises leased to you. testing, or the substitution of parts under With respect to the insurance afforded these instructions from the manufacturer, and then additional insureds the following additional repackaged in the original container; exclusions apply: (e) Any failure to make such inspections, This insurance does not apply to: adjustments, tests or servicing as the vendor 1. Any "occurrence" which takes place after you has agreed to make or normally undertakes cease to lease that land;or to make in the usual course of business, in 2. Structural alterations, new construction or connection with the distribution or sale of the products; demolition operations performed by or on behalf of such person or organization. (f) Demonstration, installation, servicing or such operations d. Architects, Engineers or Surveyors repair operations, except p p architect, engineer, or surveyor, but only at the vendor's premises in Anyg Y with "bodilyinjury", connection with the sale of the product; respect to liability for "property rtY (g) Products which, after distribution or sale by damage" or "personal and advertising injury" you, have been labeled or relabeled or used caused, in whole or in part, by your acts or as a container, part or ingredient of any omissions or the acts or omissions of those acting other thing or substance by or for the on your behalf: vendor; or (1) In connection with your premises; or (h) "Bodily injury" or "property damage" arising (2) In the performance of your ongoing operations out of the sole negligence of the vendor for performed by you or on your behalf. its own acts or omissions or those of its With respect to the insurance afforded these employees or anyone else acting on its additional insureds, the following additional behalf. However, this exclusion does not exclusion applies: apply to: This insurance does not apply to "bodily injury", (i)The exceptions contained in Sub- "property damage" or "personal and advertising paragraphs(d)or(f);or injury" arising out of the rendering of or the failure (ii) Such inspections, adjustments, tests or to render any professional services by or for you, servicing as the vendor has agreed to including: make or normally undertakes to make in 1. The preparing, approving, or failing to prepare the usual course of business, in or approve, maps, shop drawings, opinions, connection with the distribution or sale of reports, surveys, field orders, change orders or the products. drawings and specifications; or (2) This insurance does not apply to any insured 2. Supervisory, inspection, architectural or person or organization, from whom you have engineering activities. acquired such products, or any ingredient, part e. Permits Issued By State Or Political or container, entering into, accompanying or Subdivisions containing such products. b. Lessors of Equipment Any state or political subdivision, but only with respect to operations performed by you or on your (1) Any person or organization from whom you behalf for which the state or political subdivision lease equipment; but only with respect to their has issued a permit. liability for "bodily injury", "property damage" or With respect to the insurance afforded these "personal and advertising injury" caused, in additional insureds, this insurance does not apply whole or in part,by your maintenance, operation or use of equipment leased to you by such to: person or organization. (1) "Bodily injury", "property damage" or "personal (2) With respect to the insurance afforded to these and advertising injury" arising out of operations additional insureds this insurance does not performed for the state or municipality; or apply to any "occurrence" which takes place (2) "Bodily injury" or "property damage" included after the equipment lease expires. within the "products-completed operations hazard". HG 00 01 06 05 Page 11 of 18 Policy Number#57UUNVJ5164 f. Any Other Party c. Persons or organizations making claims or bringing Any other person or organization who is not an "suits". insured under Paragraphs a. through e. above, but 2. General Aggregate Limit only with respect to liability for "bodily injury", The General Aggregate Limit is the most we will pay "property damage" or "personal and advertising for the sum of: injury" caused, in whole or in part, by your acts or a. Medical expenses under Coverage C; omissions or the acts or omissions of those acting on your behalf: b. Damages under Coverage A, except damages (1) In the performance of youlongoing operations; because of "bodily injury" or "property damage" included in the "products-completed operations (2) In connection with your premises owned by or hazard"; and rented to you; or c. Damages under Coverage B. (3) In connection with I"your work"I and included within the "products-completed operations 3. Products-Completed Operations Aggregate Limit hazard", but only if The Products-Completed Operations Aggregate Limit (a) The written contract or agreement requires is the most we will pay under Coverage A for damages you to provide such coverage to such because of "bodily injury" and "property damage" additional insured;and included in the "products-completed operations hazard". (b) This Coverage Part provides coverage for 4. Personal and Advertising Injury Limit "bodily injury" or"property damage" included within the "products-completed operations Subject to 2. above, the Personal and Advertising hazard". Injury Limit is the most we will pay under Coverage B With respect to the insurance afforded to these for the sum of all damages because of all "personal additional insureds, this insurance does not apply and advertising injury" sustained by any one person or to: organization. "Bodily injury", "property damage" or"personal and 5. Each Occurrence Limit advertising injury" arising out of the rendering of, or Subject to 2. or 3. above, whichever applies, the Each the failure to render, any professional architectural, Occurrence Limit is the most we will pay for the sum engineering or surveying services, including: of: (1) The preparing, approving, or failing to prepare a. Damages under Coverage A;and or approve, maps, shop drawings, opinions, b. Medical expenses under Coverage C reports, surveys, field orders, change orders or because of all "bodily injury" and "property damage" drawings and specifications;or arising out of any one"occurrence". (2) Supervisory, inspection, architectural or 6. Damage To Premises Rented To You Limit engineering activities. Subject to 5. above, the Damage To Premises Rented The limits of insurance that apply to additional insureds To You Limit is the most we will pay under Coverage A under this provision is described in Section III — Limits for damages because of"property damage" to any one Of Insurance. premises, while rented to you, or in the case of How this insurance applies when other insurance is damage by fire, lightning or explosion, while rented to available to the additional insured is described in the you or temporarily occupied by you with permission of Other Insurance Condition in Section IV—Commercial the owner. General Liability Conditions. In the case of damage by fire, lightning or explosion, No person or organization is an insured with respect to the the Damage to Premises Rented To You Limit applies conduct of any current or past partnership,joint venture or to all damage proximately caused by the same event, limited liability company that is not shown as a Named whether such damage results from fire, lightning or Insured in the Declarations. explosion or any combination of these. SECTION III —LIMITS OF INSURANCE 7. Medical Expense Limit 1. The Most We will Pay Subject to 5. above, the Medical Expense Limit is the The Limits of Insurance shown in the Declarations and most we will pay under Coverage C for all medical the rules below fix the most we will pay regardless of expenses because of "bodily injury" sustained by any the number of: one person. a. Insureds; 8. How Limits Apply To Additional Insureds b. Claims made or"suits"brought; or If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 Policy Number#57UUNVJ5164 added as an additional insured on your policy, the (3) Cooperate with us in the investigation or most we will pay on behalf of such additional insured is settlement of the claim or defense against the the lesser of: "suit"; and a. The limits of insurance specified in the written (4) Assist us, upon our request, in the enforcement of contract or written agreement;or any right against any person or organization which b. The Limits of Insurance shown in the Declarations. may be liable to the insured because of injury or damage to which this insurance may also apply. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and d. Obligations At The Insureds Own Cost described in this Section. No insured will, except at that insured's own cost, The Limits of Insurance of this Coverage Part apply voluntarily make a payment, assume any separately to each consecutive annual period and to any obligation, or incur any expense, other than for first remaining period of less than 12 months, starting with the aid,without our consent. beginning of the policy period shown in the Declarations, e. Additional Insureds Other Insurance unless the policy period is extended after issuance for an If we cover a claim or "suit" under this Coverage additional period of less than 12 months. In that case, the Part that may also be covered by other insurance additional period will be deemed part of the last preceding available to an additional insured, such additional period for purposes of determining the Limits of Insurance. insured must submit such claim or "suit" to the SECTION IV — COMMERCIAL GENERAL LIABILITY other insurer for defense and indemnity. CONDITIONS However, this provision does not apply to the 1. Bankruptcy extent that you have agreed in a written contract or Bankruptcy or insolvency of the insured or of the written agreement that this insurance is primary insured's estate will not relieve us of our obligations and non-contributory with the additional insured's under this Coverage Part. own insurance. 2. Duties In The Event Of Occurrence, Offense, Claim f. Knowledge Of An Occurrence, Offense, Claim Or Suit Or Suit a. Notice Of Occurrence Or Offense Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", You or any additional insured must see to it that we offense,claim or"suit"is known to: are notified as soon as practicable of an (1) You or any additional insured that is an "occurrence" or an offense which may result in a claim.To the extent possible, notice should include: individual; (1) How, when and where the "occurrence" or (2) Any partner, if you or an additional insured is a offense took place; partnership; (2) The names and addresses of any injured (3) Any manager, if you or an additional insured is a persons and witnesses; and limited liability company; (3) The nature and location of any injury or damage (4) Any "executive officer" or insurance manager, if arising out of the"occurrence"or offense. you or an additional insured is a corporation; b. Notice Of Claim (5) Any trustee, if you or an additional insured is a trust;or If a claim is made or "suit" is brought against any insured, you or any additional insured must: (6) Any elected or appointed official, if you or an additional insured is a political subdivision or (1) Immediately record the specifics of the claim or public entity. "suit" and the date received;and This duty applies separately to you and any additional (2) Notify us as soon as practicable. insured. You or any additional insured must see to it that we 3. Legal Action Against Us receive written notice of the claim or "suit" as soon as practicable. No person or organization has a right under this Coverage Part: c. Assistance And Cooperation Of The Insured a. To join us as a party or otherwise bring us into a You and any other involved insured must: "suit"asking for damages from an insured; or (1) Immediately send us copies of any demands, b. To sue us on this Coverage Part unless all of its notices, summonses or legal papers received in terms have been fullycomplied with. connection with the claim or"suit"; A person or organization may sue us to recover on an (2) Authorize us to obtain records and other agreed settlement or on a final judgment against an information; insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 01 06 05 Page 13 of 18 Policy Number#57UUNVJ5164 PRIMARY WORDING that are in excess of the applicable limit of insurance. (7) When You Add Others As An Additional An agreed settlement means a settlement and release Insured To This Insurance of liability signed by us,the insured and the claimant or Any other insurance available to an additional the claimant's legal representative. insured. 4. Other Insurance However, the following provisions apply to other If other valid and collectible insurance is available to insurance available to any person or the insured for a loss we cover under Coverages A or organization who is an additional insured under B of this Coverage Part, our obligations are limited as this coverage part. follows: (a) Primary Insurance When Required By a. Primary Insurance Contract This insurance is primary except when b. below This insurance is primary if you have agreed applies. If other insurance is also primary, we will in a written contract or written agreement share with all that other insurance by the method that this insurance be primary. If other described in c. below. insurance is also primary, we will share with b. Excess Insurance all that other insurance by the method described in c. below. This insurance is excess over any of the other (b) Primary And Non-Contributory To Other insurance, whether primary, excess, contingent or Insurance When Required By Contract on any other basis: (1) Your Work If you have agreed in a written contract, written agreement, or permit that this That is Fire, Extended Coverage, Builder's Risk, insurance is primary and non-contributory Installation Risk or similar coverage for your with the additional insured's own insurance, work"; this insurance is primary and we will not (2) Premises Rented To You seek contribution from that other insurance. That is fire, lightning or explosion insurance for Paragraphs (a) and (b) do not apply to other premises rented to you or temporarily occupied insurance to which the additional insured has by you with permission of the owner; been added as an additional insured. (3) Tenant Liability When this insurance is excess, we will have no That is insurance purchased by you to cover duty under Coverages A or B to defend the insured your liability as a tenant for "property damage" against any"suit" if any other insurer has a duty to to premises rented to you or temporarily defend the insured against that "suit". If no other occupied by you with permission of the owner; insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all (4) Aircraft,Auto Or Watercraft those other insurers. If the loss arises out of the maintenance or use When this insurance is excess over other of aircraft, "autos"or watercraft to the extent not insurance,we will pay only our share of the amount subject to Exclusion g. of Section I — Coverage of the loss, if any,that exceeds the.sum of: A—Bodily Injury And Property Damage Liability; (1) The total amount that all such other insurance (5) Property Damage to Borrowed Equipment Or would pay for the loss in the absence of this Use Of Elevators insurance; and If the loss arises out of "property damage" to (2) The total of all deductible and self-insured borrowed equipment or the use of elevators to amounts under all that other insurance. the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property We will share the remaining loss, if any, with any Damage Liability; other insurance that is not described in this Excess Insurance provision and was not bought specifically (6) When You Are Added As An Additional to apply in excess of the Limits of Insurance shown Insured To Other Insurance in the Declarations of this Coverage Part. Any other insurance available to you covering c. Method Of Sharing liability for damages arising out of the premises If all of the other insurance permits contribution by or operations, or products and completed equal shares,we will follow this method also. Under operations, for which you have been added as an additional insured by that insurance;or this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 18 HG 00 01 06 05 Policy Number#57UUNVJ5164 If any of the other insurance does not permit insured will bring"suit"or transfer those rights to us contribution by equal shares, we will contribute by a^' hp'r ""r o.,frr' thom limits. Under this method, each insurers share is b. Waiver Of Rights Of Recovery (Waiver Of based on the ratio of its applicable limit of Subrogation) insurance to the total applicable limits of insurance of all insurers. If the insured has waived any rights of recovery against any person or organization for all or part of 5. Premium Audit any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, we also Part in accordance with our rules and rates. waive that right, provided the insured waived their b. Premium shown in this Coverage Part as advance rights of recovery against such person or or t anization in a contract, agreemen or permit that premium is a deposit premium only. At the close of g each audit period we will compute the earned was executed prior to the injury or damage. premium for that period and send notice to the first 9. When We Do Not Renew Named Insured. The due date for audit and If we decide not to renew this Coverage Part, we will retrospective premiums is the date shown as the mail or deliver to the first Named Insured shown in the due date on the bill. If the sum of the advance and Declarations written notice of the nonrenewal not less audit premiums paid for the policy period is greater than 30 days before the expiration date. than the earned premium, we will return the excess to the first Named Insured. If notice is mailed, proof of mailing will be sufficient proof of notice. c. The first Named Insured must keep records of the SECTION V—DEFINITIONS information we need for premium computation, and send us copies at such times as we may request. 1. "Advertisement" means the widespread public 6. Representations dissemination of information or images that has the purpose of inducing the sale of goods, products or a. When You Accept This Policy services through: By accepting this policy,you agree: a. (1) Radio; (1) The statements in the Declarations are accurate (2) Television; and complete; (3) Billboard; (2) Those statements are based upon representations you made to us; and (4) Magazine; (3) We have issued this policy in reliance upon your (5) Newspaper;or representations. b. Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards public distribution. If unintentionally you should fail to disclose all However, "advertisement"does not include: hazards relating to the conduct of your business a. The design, printed material, information or images that exist at the inception date of this Coverage contained in, on or upon the packaging or labeling Part, we shall not deny coverage under this of any goods or products; or 1 Coverage Part because of such failure. b. An interactive conversation between or among 7. Separation Of Insureds persons through a computer network. Except with respect to the Limits of Insurance,and any 2. "Advertising idea" means any idea for an rights or duties specifically assigned in this Coverage "advertisement'. Part to the first Named Insured, this insurance applies: 3. "Asbestos hazard" means an exposure or threat of a. As if each Named Insured were the only Named exposure to the actual or alleged properties of Insured;and asbestos and includes the mere presence of asbestos b. Separately to each insured against whom claim is in any form. made or"suit" is brought. 4. "Auto"means a land motor vehicle,trailer or semitrailer 8. Transfer Of Rights Of Recovery Against Others To designed for travel on public roads, including any attached machinery or equipment. But "auto" does not Us include"mobile equipment". a. Transfer of Rights Of Recovery 5. "Bodily injury" means physical: If the insured has rights to recover all or part of any payment, including Supplementary Payments, we a. Injury; have made under this Coverage Part, those rights b. Sickness; or are transferred to us. The insured must do nothing c. Disease after loss to impair them. At our request, the sustained by a person and, if arising out of the above, mental anguish or death at any time. 11600010605 Page 16of18 Policy Number#57UUNVJ5164 6. "Coverage territory"means: . rented to you or temporarily occupied by you with a. The United States of America (including its territories permission of the owner is subject to the Damage and possessions), Puerto Rico and Canada; to Premises Rented To You Limit described in Section III—Limits of Insurance; b. International waters or airspace, but only if the b. A sidetrack agreement; injury or damage occurs in the course of travel or transportation between any places included in a. c. Any easement or license agreement, including an above; or easement or license agreement in connection with c. All other parts of the world if the injury or damage construction or demolition operations on or within arises out of: 50 feet of a railroad; (1) Goods or products made or sold by you in the d. An obligation, as required by ordinance, to territory described in a.above; indemnify a municipality, except in connection with work for a municipality; (2) The activities of a person whose home is in the e. An elevator maintenance agreement; territory described in a. above, but is away for a short time on your business;or f. That part of any other contract or agreement (3) "Personal and advertising injury" pertaining to your business (including an offenses that take place through the Internet or similar indemnification of a municipality in connection with electronic means of communication work performed for a municipality) under which you assume the tort liability of another party to pay for provided the insured's responsibility to pay damages is "bodily injury" or "property damage" to a third in itsinjury" determined in the United States of America (including person or organization, provided the "bodily 'territories and possessions), Puerto Rico or Canada, in a or"property damage" is caused, in whole or in part, "suit" on the merits according to the substantive law in by you or by those acting on your behalf. Tort such territory or in a settlement we agree to. liability means a liability that would be imposed by 7. "Employee" includes a "leased worker". "Employee" law in the absence of any contract or agreement. does not include a"temporary worker". Paragraph f. includes that part of any contract or 8. "Employment-Related Practices"means: agreement that indemnifies a railroad for "bodily a. Refusal to employ a person; injury" or "property damage" arising out of b. Termination of a person's employment;or construction or demolition operations,within 50 feet of any railroad property and affecting any railroad c. Employment-related practices, policies, acts or bridge or trestle, tracks, road-beds, tunnel, omissions, such as coercion, demotion, evaluation, underpass or crossing. reassignment, discipline, defamation, harassment, However, Paragraph f. does not include that part of humiliation or discrimination directed at a person. any contract or agreement: 9. "Executive officer" means a person holding any of the (1) That indemnifies an architect, engineer or officer positions created by your charter, constitution, surveyor for injury or damage arising out of: by-laws or any other similar governing document. (a) Preparing, approving, or failingto prepare or 10."Hostile fire" means one which becomes uncontrollable approve, maps, shop drawings, opinions, or breaks out from where it was intended to be. reports, surveys, field orders, change orders 11."Impaired property" means tangible property, other or drawings and specifications;or than "your product"or"your work", that cannot be used (b) Giving directions or instructions, or failing to or is less useful because: give them, if that is the primary cause of the a. It incorporates "your product" or "your work" that is injury or damage;or known or thought to be defective, deficient, (2) Under which the insured, if an architect, engineer inadequate or dangerous;or or surveyor, assumes liability for an injury or b. You have failed to fulfill the terms of a contract or damage arising out of the insured's rendering or agreement; failure to render professional services, including if such property can be restored to use by: those listed in (1) above and supervisory, a. The repair, replacement, adjustment or removal of inspection,architectural or engineering activities. "your product"or"your work";or 13."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you b. Your fulfilling the terms of the contract or agreement. and the labor leasing firm, to perform duties related to 12."Insured contract"means: the conduct of your business. "Leased worker" does a. A contract for a lease of premises. However, that not include a"temporary worker". portion of the contract for a lease of premises that 14."Loading or unloading"means the handling of property: indemnifies any person or organization for damage a. After it is moved from the place where it is accepted by fire, lightning or explosion to premises while for movement into or onto an aircraft, watercraft or "auto"; Page 16 of 18 HG 00 01 06 05 Policy Number#57UUNVJ5164 b. While it is in or on an aircraft, watercraft or"auto"; 16."Occurrence" means an accident, including continuous or or repeated exposure to substantially the same general c. While it is being moved from an aircraft, watercraft harmful conditions. or"auto"to the place where it is finally delivered; 17."Personal and advertising injury" means injury, but "loading or unloading" does not include the including consequential "bodily injury", arising out of movement of property by means of a mechanical one or more of the following offenses: device, other than a hand truck, that is not attached to a. False arrest, detention or imprisonment; the aircraft,watercraft or"auto". b. Malicious prosecution; 15."Mobile equipment" means any of the following types c. The wrongful eviction from, wrongful entry into, or of land vehicles, including any attached machinery or invasion of the right of private occupancy of a room, equipment: dwelling or premises that a person occupies, a. Bulldozers, farm machinery, forklifts and other committed by or on behalf of its owner, landlord or vehicles designed for use principally off public lessor; roads; d. Oral, written or electronic publication of material b. Vehicles maintained for use solely on or next to that slanders or libels a person or organization or premises you own or rent; disparages a person's or organization's goods, c. Vehicles that travel on crawler treads; products or services; d. Vehicles, whether self-propelled or not, maintained e. Oral, written or electronic publication of material primarily to provide mobility to permanently that violates a person's right of privacy; mounted: f. Copying, in your "advertisement", a person's or (1) Power cranes, shovels, loaders, diggers or organization's "advertising idea" or style of drills; or "advertisement"; (2) Road construction or resurfacing equipment g. Infringement of copyright, slogan, or title of any such as graders,scrapers or rollers; literary or artistic work,in your"advertisement"; or e. Vehicles not described in a., b., c. or d. above that h. Discrimination or humiliation that results in injury to are not self-propelled and are maintained primarily the feelings or reputation of a natural person. to provide mobility to permanently attached 18."Pollutants"mean any solid, liquid, gaseous or thermal equipment of the following types: irritant or contaminant, including smoke, vapor, soot, (1) Air compressors, pumps and generators, fumes, acids, alkalis, chemicals and waste. Waste including spraying, welding, building cleaning, includes materials to be recycled, reconditioned or geophysical exploration, lighting and well reclaimed. servicing equipment; or 19."Products-completed operations hazard": (2) Cherry pickers and similar devices used to raise a. Includes all "bodily injury" and "property damage" or lower workers; occurring away from premises you own or rent and f. Vehicles not described in a., b., c. or d. above arising out of"your product"or"your work"except: maintained primarily for purposes other than the (1) Products that are still in your physical transportation of persons or cargo. possession;or However, self-propelled vehicles with the following (2) Work that has not yet been completed or types of permanently attached equipment are not abandoned. However, "your work" will be "mobile equipment"but will be considered"autos": deemed completed at the earliest of the (1) Equipment, of at least 1,000 pounds gross following times: vehicle weight, designed primarily for: (a) When all of the work called for in your (a) Snow removal; contract has been completed. (b) Road maintenance, but not construction or (b) When all of the work to be done at the job resurfacing; or site has been completed if your contract calls for work at more than one job site. (c) Street cleaning; (c) When that part of the work done at a job site (2) Cherry pickers and similar devices mounted on has been put to its intended use by any automobile or truck chassis and used to raise or person or organization other than another lower workers; and contractor or subcontractor working on the (3) Air compressors, pumps and generators, same project. including spraying, welding, building cleaning, Work that may need service, maintenance, geophysical exploration, lighting and well correction, repair or replacement, but which is servicing equipment. otherwise complete, will be treated as completed. HG 00 01 06 05 Page 17 of 18 Policy Number#57UUNVJ5164 b. Does not include "bodily injury" or "property 22."Temporary worker" means a person who is damage" arising out of: furnished to you to substitute for a permanent (1) The transportation of property, unless the "employee" on leave or to meet seasonal or short- injury or damage arises out of a condition in or term workload conditions. on a vehicle not owned or operated by you, 23."Volunteer worker"means a person who and that condition was created by the"loading a. Is not your"employee"; or unloading"of that vehicle by any insured; b. Donates his or her work; (2) The existence of tools, uninstalled equipment c. Acts at the direction of and within the scope of or abandoned or unused materials;or duties determined by you; and (3) Products or operations for which the d. Is not paid a fee, salary or other compensation by classification, listed in the Declarations or in a you or anyone else for their work performed for policy schedule, states that products- completed operations are subject to the you. General Aggregate Limit. 24."Your product": 20."Property damage"means: a. Means: a. Physical injury to tangible property, including all (1) Any goods or products, other than real resulting loss of use of that property. All such loss property, manufactured, sold, handled, of use shall be deemed to occur at the time of the distributed or disposed of by: physical injury that caused it;or (a) You; b. Loss of use of tangible property that is not (b) Others trading under your name; or physically injured. All such loss of use shall be (c) A person or organization whose business deemed to occur at the time of the "occurrence" or assets you have acquired; and that caused it. As used in this definition, computerized or (2) Containers (other than vehicles), materials, parts or equipment furnished in connection electronically stored data, programs or software are with such goods or products. not tangible property. Electronic data means information,facts or programs: b. Includes a. Stored as or on; (1) Warranties or representations made at any b. Created or used on;or time with respect to the fitness, quality, durability, performance or use of "your c. Transmitted to or from; product"; and computer software, including systems and (2) The providing of or failure to provide warnings applications software, hard or floppy disks, CD- or instructions. ROMS, tapes, drives, cells, data processing devices c. Does not include vending machines or other or any other media which are used with electronically property rented to or located for the use of others controlled equipment. but not sold. 21."Suit" means a civil proceeding in which damages 25."Your work": because of "bodily injury , "property damage" or "personal and advertising injury" to which this a. Means: insurance applies are alleged."Suit"includes: (1) Work or operations performed by you or on a. An arbitration proceeding in which such damages your behalf;and are claimed and to which the insured must submit (2) Materials, parts or equipment furnished in or does submit with our consent;or connection with such work or operations. b. Any other alternative dispute resolution b. Includes proceeding in which such damages are claimed (1) Warranties or representations made at any and to which the insured submits with our time with respect to the fitness, quality, consent. durability, performance or use of"your work", and (2) The providing of or failure to provide warnings or instructions. Page 18 of 18 HG 00 01 06 05 POLICY NUMBER: 57 UUN VJ5164 COMMERCIAL GENERAL LIABILITY CHANGE NUMBER: 006 CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): EACH CONSTRUCTION PROJECT, INDIVIDUALLY AND SEPARATELY, OF THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences"under Section I—Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I — Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations Schedule above: nor shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, General Aggregate Limit shown in the except damages because of"bodily injury" or Declarations, such limits will be subject to the "property damage" included in the "products- applicable Designated Construction Project completed operations hazard", and for General Aggregate Limit. medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits". CG 25 03 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 2 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard" is "occurrences"under Section I—Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury" or "property damage" included in under Section I — Coverage C, which cannot be the "products-completed operations hazard" will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized Products-completed Operations Aggregate contracting parties deviate from plans, blueprints, Limit,whichever is applicable;and designs, specifications or timetables, the project 2. Such payments shall not reduce any will still be deemed to be the same construction Designated Construction Project General project. Aggregate Limit. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc.,2008 CG 25 03 05 09 Policy No.57UUNVJ5164 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional If notice is mailed, proof of mailing to the last known Conditions: mailing address of the certificate holder(s) on file with A. If this policy is cancelled by the Company, other the agent of record or the Company will be sufficient than for nonpayment of premium, notice of such proof of notice. cancellation will be provided at least thirty (30) Any notification rights provided by this endorsement days in advance of the cancellation effective date apply only to active certificate holder(s) who were to the certificate holder(s) with mailing addresses issued a certificate of insurance applicable to this on file with the agent of record or the Company. policy's term. B. If this policy is cancelled by the Company for Failure to provide such notice to the certificate nonpayment of premium, or by the insured, notice holder(s) will not amend or extend the date the of such cancellation will be provided within (10) cancellation becomes effective, nor will it negate days of the cancellation effective date to the cancellation of the policy. Failure to send notice shall certificate holder(s) with mailing addresses on file impose no liability of any kind upon the Company or its with the agent of record or the Company. agents or representatives. Form I H 0313 0611 Page 1 of 1 © 2011,The Hartford COMMERCIAL AUTOMOBILE Policy Number 57UUNVJ5164 HA9919 0910 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your personal affairs. The Named Insured shown in the C. Lessors as Insureds Declarations is amended to include: (1) Any legally incorporated subsidiary in Paragraph A.1. -WHO IS AN INSURED -of which you own more than 50% of the Section II - Liability Coverage is amended to voting stock on the effective date of the add: Coverage Form. However, the Named e. The lessor of a covered "auto"while the Insured does not include any subsidiary "auto" is leased to you under a written that is an "insured" under any other agreement if: automobile policy or would be an (1) The agreement requires you to "insured" under such a policy but for its provide direct primary insurance for termination or the exhaustion of its Limit the lessor and of Insurance. (2) The"auto"is leased without a driver. (2) Any organization that is acquired or formed by you and over which you Such a leased "auto" will be considered a maintain majority ownership. However, covered "auto" you own and not a covered the Named Insured does not include any "auto"you hire. newly formed or acquired organization: D. Additional Insured if Required by Contract (a) That is a partnership, joint venture (1) Paragraph A.1. -WHO IS AN INSURED or limited liability company - of Section II - Liability Coverage is (b) That is an "insured" under any other amended to add: policy, f. When you have agreed, in a written (c) That has exhausted its Limit of contract or written agreement, that a Insurance under any other policy, or person or organization be added as (d) 180 days or more after its an additional insured on your acquisition or formation by you, business auto policy,such person or unless you have given us notice of organization is an "insured", but only the acquisition or formation. to the extent such person or organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured"under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a Paragraph A.1. -WHO IS AN INSURED-of covered"auto." SECTION II - LIABILITY COVERAGE is amended to add: ©2010,The Hartford(Includes copyrighted material Form HA 99 19 0910 of ISO Properties, Inc.,with its permission.) Page 1 of 5 Policy Number 57UUNVJ5164 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period,and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have 1 requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other or written agreement that another insurance by the method described in person or organization be added as an Other Insurance 5.d. additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement;or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not the Declarations. seek contribution from that other Such amount shall be a part of and not insurance. in addition to Limits of Insurance shown Paragraphs(3) and (4)do not apply to other in the Declarations and described in this insurance to which the additional insured Section. has been added as an additional insured. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no If we cover a claim or "suit" under this duty to defend the insured against any "suit" if Coverage Part that may also be covered any other insurer has a duty to defend the by other insurance available to an insured against that "suit". If no other insurer additional insured, such additional defends, we will undertake to do so, but we will insured must submit such claim or"suit" be entitled to the insured's rights against all to the other insurer for defense and those other insurers. indemnity. When this insurance is excess over other However, this provision does not apply insurance, we will pay only our share of the to the extent that you have agreed in a amount of the loss, if any, that exceeds the sum written contract or written agreement of: that this insurance is primary and non- (1) The total amount that all such other contributory with the additional insured's insurance would pay for the loss in the own insurance. absence of this insurance;and (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured Suit or Loss amounts under all that other insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an additional insured on your policy, the 2. AUTOS RENTED BY EMPLOYEES additional insured shall be required to Any"auto"hired or rented by your"employee"on comply with the provisions in LOSS your behalf and at your direction will be CONDITIONS 2. - DUTIES IN THE considered an"auto"you hire. EVENT OF ACCIDENT, CLAIM , SUIT The OTHER INSURANCE Condition is amended OR LOSS — OF SECTION IV — by adding the following: BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2010,The Hartford(Includes copyrighted material Form HA 99 19 09 10 of ISO Properties, Inc.,with its permission.) Page 2 of 5 Policy Number 57UUNV15164 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE "Outstanding balance" means the amount you COVERAGE owe on the loan/lease at the time of"loss" less If hired "autos" are covered "autos" for Liability any amounts representing taxes; overdue Coverage and if Comprehensive, Specified payments; penalties, interest or charges Causes of Loss, or Collision coverages are resulting from overdue payments; additional provided under this Coverage Form for any mileage charges; excess wear and tear charges; "auto" you own, then the Physical Damage lease termination fees; security deposits not Coverages provided are extended to"autos"you returned by the lessor; costs for extended hire or borrow,subject to the following limit. warranties, credit life Insurance, health, accident The most we will pay for "loss" to any hired or disability insurance purchased with the loan or lease; and carry-over balances from previous "auto"is: loans or leases. (1) $100,000; 7. AIRBAG COVERAGE (2) The actual cash value of the damaged or Under Paragraph B. EXCLUSIONS-of SECTION stolen property at the time of the"loss";or III - PHYSICAL DAMAGE COVERAGE, the (3) The cost of repairing or replacing the following is added: damaged or stolen property, The exclusion relating to mechanical breakdown whichever is smallest, minus a deductible. The does not apply to the accidental discharge of an deductible will be equal to the largest deductible airbag. applicable to any owned"auto"for that coverage. 8. ELECTRONIC EQUIPMENT - BROADENED No deductible applies to "loss" caused by fire orCOVERAGE lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. The exceptions to Paragraphs B.4 - Subject to the above limit, deductible and excess EXCLUSIONS - of SECTION III - PHYSICAL provisions, we will provide coverage equal to the DAMAGE COVERAGE are replaced by the broadest coverage applicable to any covered following: "auto"you own. a.Exclusions 4.c. and 4.d. do not apply to We will also cover loss of use of the hired "auto" equipment designed to be operated solely by if it results from an "accident", you are legally use of the power from the "auto's" electrical liable and the lessor incurs an actual financial system that, at the time of"loss",is: loss, subject to a maximum of $1000 per (1) Permanently installed in or upon the "accident". covered"auto"; This extension of coverage does not apply to any (2) Removable from a housing unit which is "auto" you hire or borrow from any of your permanently installed in or upon the "employees", partners (if you are a partnership), covered"auto"; members (if you are a limited liability company), (3) An integral part of the same unit housing or members of their households. any electronic equipment described in Paragraphs a. and b. above;or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered"auto's"operating system. ©2010,The Hartford(Includes copyrighted material Form HA 9919 09 10 of ISO Properties, Inc.,with its permission.) Page 3 of 5 Policy Number 57UUNVJ5164 b.$1,500 is the most we will pay for"loss"in any CLAIM, SUIT OR LOSS - of SECTION IV - one "accident' to all electronic equipment that BUSINESS AUTO CONDITIONS that you must reproduces, receives or transmits audio, visual notify us of an "accident" applies only when the or data signals which, at the time of"loss",is: "accident"is known to: (1) Permanently installed in or upon the (1) You,if you are an individual; covered "auto" in a housing, opening or (2) A partner, if you are a partnership; other location that is not normally used by the "auto" manufacturer for the (3) A member, if you are a limited liability installation of such equipment; company;or (2) Removable from a permanently installed (4) An executive officer or insurance manager, if housing unit as described in Paragraph you are a corporation. b.(1) above or is an integral part of that 13. UNINTENTIONAL FAILURE TO DISCLOSE equipment;or HAZARDS (3) An integral part of such equipment. If you unintentionally fail to disclose any hazards c.For each covered "auto", should loss be existing at the inception date of your policy, we limited to electronic equipment only, our will not deny coverage under this Coverage obligation to pay for, repair, return or replace Form because of such failure. damaged or stolen electronic equipment will 14. HIRED AUTO-COVERAGE TERRITORY be reduced by the applicable deductible shown Paragraph e. of GENERAL CONDITIONS 7. - in the Declarations, or $250, whichever POLICY PERIOD, COVERAGE TERRITORY-of 1 deductible is less. SECTION IV - BUSINESS AUTO CONDITIONS 9. EXTRA EXPENSE-BROADENED COVERAGE is replaced by the following: Under Paragraph A. -COVERAGE-of SECTION e. For short-term hired "autos", the coverage III - PHYSICAL DAMAGE COVERAGE, we will territory with respect to Liability Coverage is pay for the expense of returning a stolen covered anywhere in the world provided that if the "auto"to you. "insured's" responsibility to pay damages for 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE "bodily injury" or "property damage" is determined in a"suit," the"suit"is brought in Under Paragraph D.-DEDUCTIBLE-of SECTION the United States of America, the territories III - PHYSICAL DAMAGE COVERAGE, the and possessions of the United States of following is added: America, Puerto Rico or Canada or in a No deductible applies to glass damage if the settlement we agree to. glass is repaired rather than replaced. 15. WAIVER OF SUBROGATION 11. TWO OR MORE DEDUCTIBLES TRANSFER OF RIGHTS OF RECOVERY Under Paragraph D.-DEDUCTIBLE-of SECTION AGAINST OTHERS TO US - of SECTION IV - III - PHYSICAL DAMAGE COVERAGE, the BUSINESS AUTO CONDITIONS is amended by following is added: adding the following: if another Hartford Financial Services Group, We waive any right of recovery we may have Inc. company policy or coverage form that is not against any person or organization with whom an automobile policy or coverage form applies to you have a written contract that requires such the same"accident",the following applies: waiver because of payments we make for (1) If the deductible under this Business Auto damages under this Coverage Form. Coverage Form is the smaller (or smallest) 16. RESULTANT MENTAL ANGUISH COVERAGE deductible, it will be waived; The definition of "bodily injury" in SECTION V- (2) If the deductible under this Business Auto DEFINITIONS is replaced by the following: Coverage Form is not the smaller (or "Bodily injury" means bodily injury, sickness or smallest)deductible, it will be reduced by the disease sustained by any person, including amount of the smaller (or smallest) mental anguish or death resulting from any of deductible. these. 12. AMENDED DUTIES IN THE EVENT OF 17. EXTENDED CANCELLATION CONDITION ACCIDENT,CLAIM, SUIT OR LOSS in LOSS CONDITIONS 2.a. - Paragraph 2. of the COMMON POLICY The requirement CONDITIONS - CANCELLATION - applies DUTIES IN THE EVENT OF ACCIDENT, except as follows: ©2010,The Hartford(Includes copyrighted material Form HA 99 19 09 10 of ISO Properties, Inc.,with its permission.) Page 4 of 5 Policy Number 57UUNVJ5164 If we cancel for any reason other than c.Regardless of the number of autos damaged nonpayment of premium, we will mail notice of in any one "loss", the most we will pay under cancellation by registered or certified mail to the this Hybrid Payment Coverage provision for first Named Insured at least 60 days before the any one"loss"is$10,000. effective date of cancellation. For the purposes of the coverage provision, 18. HYBRID PAYMENT COVERAGE a.A "non-hybrid" auto is defined as an auto that In the event of a total loss to a "non-hybrid" auto uses only an internal combustion engine to for which Comprehensive, Specified Causes of move the auto. Loss, or Collision coverages are provided under b.A "hybrid" auto is defined as an auto with an this Coverage Form, then such Physical internal combustion engine and one or more Damage Coverages are amended as follows: electric motors; and that uses the internal a.If the auto is replaced with a "hybrid"auto, we combustion engine and one or more electric will pay an additional 10%, to a maximum of motors to move the auto, or the internal $2,500, of the "non-hybrid" auto's actual cash combustion engine to charge one or more value or replacement cost,whichever is less, electric motors,which move the auto. b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2010,The Hartford(Includes copyrighted material Form HA 9919 09 10 of ISO Properties, Inc.,with its permission.) Page 5 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 57 WE GE0049 Endorsement Number: Effective Date: 5.`1.`15 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: DKS ASSOCIATES 1970 BROADWAY STE 740 OAKLAND, CA 94612 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE ANY PERSON OR OGANIZATION BLANKET AS REQUIRED BY FROM WHOM YOU ARE REQUIRED BY CONTRACT WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: 51.'15 Policy Expiration Date: 5`1'16 Policy#57WEGE0049 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description As required by written contract. As required by written contract. Form WC 04 03 06 (1) Printed in U.S.A. Process Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 57 WE GE0049 Endorsement Number: Effective Date: 05 01`15 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: DKS ASSOCIATES 1970 BROADWAY STE 740 OAKLAND, CA 94612 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. SCHEDULE 1. ( ) Specific Waiver Name of person or organization: (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: INCL The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advanced Premium: INCL Countersigned by Authorized Representative Form WC 42 03 04 Printed in U.S.A. Process Date: 05/14/14 Policy Expiration Date: 05/01/15