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Home My WebLink AboutC19-065 Jviation IncDocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-AB1 6-885951 1ACEC1 EGE AIP 059 / 2018.EGE.05 North GA Apron - CM AMENDMENT NO. ONE (1) TO CONTRACT DATED DECEMBER 6, 2018 BETWEEN JVIATION, INC. AND EAGLE COUNTY, COLORADO The Sponsor and the Engineer agree to amend their contract for improvements to the Eagle County Regional Airport, Gypsum, Colorado dated December 6, 2018 to add the additional services and associated fees identified in the Scope of Work for Eagle County Regional Airport dated, December 5, 2018, attached hereto as Exhibit A-1 and incorporated herein by this reference. NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: The Original Contract shall be amended to include the following provisions: FEES: The Sponsor agrees to pay the Engineer for the services relating to North General Aviation Apron — Construction Management (the "Project") according to the schedule under Exhibit A-1 in the following manner: PART B - SPECIAL SERVICES (SOILS AND PAVEMENT INVESTIGATIONS/TOPOGRAPHIC SURVEYS/HYDROLOGIC STUDIES/CONSTRUCTION ADMINISTRATION AND FIELD ENGINEERING) The maximum estimated SPECIAL SERVICES engineering is as follows: QUALITY ASSURANCE TESTING (FOR CONSTRUCTION) Quality Assurance Testing During Construction ..................................................Lump sum of $51,010.00 TOTAL SUBCONSULTANT SERVICES...........................................................Lump sum of $51,010.00 If work is abandoned, or terminated, after obtaining approval by the Sponsor and the FAA of the final construction plans and specifications, the Sponsor shall reimburse up to 100 percent of the total lump sum as listed under PART A, and 100 percent of the invoiced costs for soils and pavement investigations, topographic surveys, and hydrological studies, or other studies as listed under PART B. CONSTRUCTION ADMINISTRATION AND FIELD ENGINEERING The estimated maximum for CONSTRUCTION ADMINISTRATION and FIELD ENGINEERING is: Construction Administration.................................................................................. Lump Sum of $43,764.20 Pre -Construction Coordination.............................................................................. Lump Sum of $26,467.10 Construction Coordination..................................................................Cost Plus a Fixed Fee of $441,254.48 Post Construction..................................................................................................... Lump Sum of $66,512.10 REIMBURSABLE COSTS Reimbursable Costs During Construction Coordination.............................................................. $52,295.00 Page 1 of 2 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-AB1 6-885951 1ACEC1 TOTAL CONSTRUCTION SERVICES..................................................................................... $630,292.88 TOTAL............................................................................................................................................... $681,302.88 Method of payment shall be as follows: For services rendered under PART B - SPECIAL SERVICES, the Sponsor agrees to make monthly payments based upon the work performed by the Engineer, up to 90 percent of the total contract. The final ten percent of the fee shall be due and payable when the project final inspection and the construction report have been completed, and when reproducible Record Drawings have been submitted to the Sponsor and when the revised Airport Layout Plan has been approved by the FAA or when the construction work has terminated. The Record Drawings and Construction Report shall be submitted within a period of 90 days from end of construction period. This Amendment shall be considered concurrent with completion of audit. All other terms and conditions of the original contract shall remain in effect. IN WITNESS WHEREOF, the parties hereto have affixed their signatures this SPONSOR: Eagle County, Colorado DocuSignee/d/Iby: .. By: l�J(tr—hk 86A681 FFEB84403... Name: Kathy Chandler -Henry Title: Chai r ENGINEER: Jviation, Inc. By: FDocuSigned by: ytz&� A49AD1A2189F4C1... Name: Jim Trott, PE Title: Principal ATTEST: Page 2 of 2 DocuSignedby: F9D62F246896440... 2/27/2019 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-AB1 6-885951 1ACEC1 Eagle County Regional Airport AIP Project No. 3-08-0020-059-2018 Reconstruct North General Aviation Apron (Construction Management) December 5, 2018 SCOPE OF WORK FOR EAGLE COUNTY REGIONAL AIRPORT Gypsum, Colorado AIP Project No. 3-08-0020-059-2018 Reconstruct North General Aviation Apron (Construction Management) This is an Appendix attached to, made a part of and incorporated by reference with the Consulting Contract dated December 6, 2018 between Eagle County, Colorado and Jviation, Inc. for providing professional services. For the remainder of this scope Eagle County Regional Airport is indicated as "Sponsor" and Jviation, Inc. is indicated as "Engineer". The as -bid construction cost of this project is $5,533,115.50. This project will consist of providing Construction Administration, Pre -Construction, Post Construction, and On -Site Construction services for the following project, Reconstruct North General Aviation Apron. Previously, Jviation completed design services for this project under a separate scope of work (AIP 057) dated July 25, 2017. Jviation also completed bidding services for this project under a separate scope of work (AIP 059) dated May 2, 2018. This scope of work is for construction management services provided by the Engineer for the Sponsor throughout the construction of the project. See Exhibit No. 1 below for the project location. EXHIBIT NO. 1 DESCRIPTION This project will consist of reconstructing the north general aviation apron located north of Runway 7/25, and adjacent to the old Colorado Army National Guard High -Altitude Army Aviation Training Site (COANG- HAATS) building. The existing asphalt in this area is in poor condition and is showing distress and failure Page 1 of 8 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-AB1 6-885951 1ACEC1 Eagle County Regional Airport AIP Project No. 3-08-0020-059-2018 Reconstruct North General Aviation Apron (Construction Management) December 5, 2018 which results in large amounts of foreign object debris (FOD) being generated, consisting of loose asphalt fragments. The presence of FOD on the apron is a significant safety concern. The condition of the existing apron has deteriorated beyond repair and the existing thickness of the apron would not allow for a successful rehabilitation project. A life cycle cost analysis was completed for this project under AIP 057 to determine whether concrete or asphalt pavement materials would be utilized for the reconstruction, the final determination was made to utilize Portland Cement Concrete Pavement for the reconstruction. Existing utility structures, specifically sanitary and water services, will require elevation adjustments. The proposed project will not alter surface drainage patterns and will have no effect on the overall existing drainage characteristics at the airport. Due to the many existing constraints within the project area such as hangars, self- service fuel tanks, etc., subsurface drainage infrastructure has been incorporated into the design to properly drain the apron. Additional items of work will include pavement marking application, minor asphalt paving, unclassified excavation, subgrade preparation, placement of aggregate base course, seeding, and installation of aircraft tie - downs. The Engineering fees for the Reconstruct North General Aviation Apron Project will include, Part B -Special Services; 5) Construction Administration Phase, 6) Pre -Construction Phase, 7) Post Construction Phase, 8) On -Site Construction Coordination Phase, or Field Engineering, and EX) Reimbursable Costs During Construction. In addition, this scope of work will include additional services that will be completed by sub - consultants to Jviation including quality assurance testing during construction. Part B and the four corresponding phases are described in more detail below. PART B - SPECIAL SERVICES will consist of the construction administration phase, pre -construction coordination phase, post -construction coordination phase (invoiced on a lump sum basis) and on-site construction coordination phase (invoiced on a cost plus fixed fee basis). Also included are direct subcontract costs for quality assurance testing verification during construction. 5.0 Construction Administration Phase 5.1 Prepare Project Scope of Work and Contract. This task includes establishing the scope of work through meetings with the Sponsor and the FAA. This also includes drafting the contract for the work to be completed by the Engineer for the Sponsor. 5.2 Provide Project Coordination. The Engineer provides project management and coordination services to ensure the completion of construction. 'These duties include items such as: + The Engineer will prepare a project budget determining appropriate staffing to complete the construction administration. + Providing project instructions to staff. + Prepare and submit the monthly invoicing. + Provide the Sponsor with a monthly Project Status Report (PSR), in writing, reporting on Engineer's progress and any problems in performing the work of which the Engineer becomes aware. The PSR includes an update of the project schedule as described in this section, when schedule changes are expected. 5.3 Coordinate Quality Assurance Testing. This task includes preparing the requirements for quality assurance testing. Negotiating with the quality assurance firm for a cost to perform the work is also included in this item. 5.4 Prepare Construction Contract and Documents. This item accounts for the efforts during and immediately prior to project construction. In agreement with the FAA, the Engineer will prepare the Notice Page 2of8 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-AB1 6-885951 1ACEC1 Eagle County Regional Airport AIP Project No. 3-08-0020-059-2018 Reconstruct North General Aviation Apron (Construction Management) December 5, 2018 of Award, Notice to Proceed and Contract Agreements for the Sponsor's approval and signatures. Appropriate copies will be submitted to the successful Contractor(s) for their signatures. The Engineer will make five copies of the plans and specifications for the Contractor's use during construction. 5.5 Prepare Request for Reimbursement. A request for reimbursement will be submitted with all supporting documentation (administrative costs, engineering, construction periodic estimates, any miscellaneous costs) to the Sponsor for review and approval prior to the Sponsor requesting reimbursement from the appropriate agency. The Sponsor does participate in the FAA's electronic transfer of funds program; however, these forms are completed to ensure that the proper amount of funding is being requested. 5.6 Prepare Weekly/Monthly Reports. The Project Manager will review progress reports weekly and monthly. 5.7 Prepare Material Submittal Review. Material submittal data will be reviewed and approved by the Construction Manager/Field Engineer(s) or office personnel, if the Construction Manager/Field Engineer(s) are unable to make final determination of compliance. 5.8 Prepare Change Orders/ Supplemental Agreements. Clerical and drafting personnel will assist with change orders and supplemental agreements as necessary. All change orders and supplemental agreements will be coordinated with the Sponsor and FAA staff prior to execution. In addition, all change orders and supplemental agreements will be prepared in accordance with the FAA Standard Operating Procedure (SOP), Airport Improvement Program Construction Priect Change Orders. TASK 5 DELIVERABLES: TO FAA TO SPONSOR 5.1 Construction SOW and Contract ✓ ✓ 5.2 Monthly PSR ✓ ✓ 5.4 Construction Contract and Documents ✓ ✓ 5.5 Pay Request Review Documentation ✓ 5.6 Weekly/Monthly Reports ✓ ✓ 5.8 Chane Orders/Supplemental Agreements ✓ ✓ 6.0 Pre -Construction Coordination Phase 6.1 Prepare Project Files. This task is to assure the construction contracts are in order, the bonds have been completed, and the Contractor has been provided with adequate copies of the Construction Plans, Specifications and Contract Documents, which will be updated to include all addenda items issued during bidding. Clerical staff will prepare the quantity sheet, testing sheets, construction report format, etc. 6.2 Prepare/Conduct Pre -Construction Meeting. This task is to assure the pre -construction meeting has been scheduled and all necessary parties have been informed. The Engineer will conduct a pre -construction meeting to review FAA requirements as required per FAA Advisory Circular (AC) 150/5370-12B Quality Management for Federally Funded Airport Construction Pr jects, prior to commencing construction. The meeting will be held at the airport and will include the Sponsor, FAA (if possible), Contractor, Subcontractors, and Airport Tenants affected by the project. 6.3 Prepare/Submit Construction Management Plan. This task includes preparing and submitting the Construction Management Plan, which includes resumes of project personnel representing the stakeholders, detailed inspection procedures, required submittal processes, quality control testing methods, acceptance testing methods, and final test result summary forms. The Construction Management Plan will be prepared to follow the requirements of FAA Advisory Circular (AC) 150/5370-12B, Quality Management for Federally Funded Projects. 6.4 Review Contractor's Safety Plan Compliance Document. This task includes the review and to comment on the Contractor's Safety Plan Compliance Document (SPCD) as required per FAA Advisory Circular Page 3of8 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-AB1 6-885951 1ACEC1 Eagle County Regional Airport AIP Project No. 3-08-0020-059-2018 Reconstruct North General Aviation Apron (Construction Management) December 5, 2018 (AC) 150/5370-2G, Operation Safety on Airports during Construction. The Engineer will review to ensure that all applicable construction safety items are addressed and meet the requirements of AC 150/5370-2G and the Contract's Construction Safety and Phasing Plan (CSPP). The bid documents will address the requirement for the Contractor to submit a SPCD. The intent of the SPCD is to detail how the Contractor will comply with the CSPP. Following award of the project to the successful Contractor and prior to the issuance of the Notice to Proceed, the Engineer will review the SPCD and provide comments and ultimately approval of the document. It is anticipated that the document will require at least one re -submittal by the Contractor to address any missing information. The SPCD will be submitted to the Engineer for approval at least 14 days prior to the issuance of the Notice to Proceed to the Contractor. An approved copy of the SPCD will be provided to the FAA. 6.5 Prepare/Conduct QA/QC Workshop. Per FAA Advisory Circular (AC) 150/5370-10G, Standards for Specifying Construction ofAirpores, the FAA requires a Quality Assurance (QA) and Quality Control (QC) workshop when paving operations are anticipated to be greater than $500,000. The Engineer will conduct a workshop to review project and FAA requirements prior to the commencement of construction. The location of the meeting will be at the Airport, and will include representatives from the Sponsor, FAA (if possible), Contractor, Subcontractors, QA, QC, and any other necessary parties. The Contractor and subcontractor representatives include those directly responsible for removal of existing pavement, production and quality control of the paving material, placement and delivery of pavement, and job site quality control. This meeting will be for one full 8 -hour day and paving will not be permitted prior to this meeting's occurrence. This meeting will be in addition to the project pre -construction meeting. Other meetings may be required to resolve specific material quality, production, and/or placement issues. TASK 6 DELIVERABLES: TO FAA TO SPONSOR 6.1 Provide Construction Plans, Specifications, and Contract Documents ✓ ✓ 6.2 Prepare Pre -Construction Agenda and Meeting Minutes ✓ ✓ 6.3 Prepare Construction Management Plan ✓ ✓ 6.4 Review and Approval of SPCD and Final SPCD ✓ ✓ 6.5 Conduct QA/QC Workshop ✓ ✓ 7.0 Post Construction Coordination Phase This phase will consist of project close out and site cleanup. 7.1 Conduct Final Inspection. The Engineer, along with the Sponsor and FAA (if available), will conduct the final inspection. When needed a punch -list will be generated based on any outstanding work observed during the final inspection and delivered to the Contractor. The acceptance test summary report must be accepted by the FAA prior to final inspection. 7.2 Coordinate Final Surveys. The Engineer will coordinate with the Contractor's surveyor for the final survey upon completion of construction. 7.3 Prepare Clean-up Item List. The Engineer will assure the Contractor has removed all construction equipment and construction debris from the airport, that all access points have been re -secured (fences repaired, gates closed and locked, keys returned, etc.) and the site is clean. 7.4 Prepare Final Testing Report. The Engineer will submit the QA test summary report which will include narrative of tests taken, verification minimum number of tests, discussion of problems and tests necessary, table (from CMP) including the actual number of tests taken for each specification to the FAA for review/approval. Page 4of8 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-AB1 6-885951 1ACEC1 Eagle County Regional Airport AIP Project No. 3-08-0020-059-2018 Reconstruct North General Aviation Apron (Construction Management) December 5, 2018 7.5 Prepare Engineering Record Drawings. The Engineer will prepare the record drawings indicating modifications made during construction. One electronic (PDF) and one hard copy (11"x17' of the Record Drawings will be provided to the FAA and the Sponsor. 7.6 Prepare Final Construction Report. The Engineer will prepare the final construction report to meet the FAA closeout checklist requirements. 7.7 Prepare DBE Uniform Report. This task will also include completing and submitting the Uniform Report of DBE Awards or Commitments and Payments (DBE Uniform Report) for the Sponsor. 7.8 Update and Modify Airport Layout Plan (ALP). The Engineer will review and update the ALP to reflect the work completed at the Airport during this project. A draft version of each sheet will be submitted to the ADO for review. Upon approval by the ADO, the Engineer will assist the Sponsor in preparing six (6) copies for signature of the revised sheets and submitting to the ADO for final approval. After FAA ADO approval and signature, one electronic version of the update ALP sheets will be provided to the Sponsor and FAA. 7.9 Summarize Project Costs. The Engineer will be required to obtain all administrative expenses, engineering fees and costs, surveying costs, testing costs, and construction costs associated with project and assemble a total project summary. The summary will be compared with available funding. 7.10 Assist with Project Audit. When requested by the Sponsor or FAA, the Engineer will assist with any project audit. The Engineer will provide files requested that are pertinent to the project cost and completion. TASK 7 DELIVERABLES: TO FAA TO SPONSOR 7.1 Punchlists ✓ ✓ 7.3 Clean-up List ✓ 7.4 Final Testing Report ✓ ✓ 7.5 Record Drawings ✓ ✓ 7.6 Final Construction Report ✓ ✓ 7.7 DBE Uniform Report ✓ ✓ 7.8 Updated ALP ✓ ✓ 7.9 Project Cost Summa ✓ ✓ 8.0 On -Site Construction Coordination Phase This phase will consist of providing one full time Construction Manager, supported by one full time Field Engineer. It will be the responsibility of the Construction Manager to facilitate sufficient on-site construction coordination to ensure that the project is completed according to good construction practice and is consistent with the Project Manager's direction. It is estimated that it will take 150 calendar days to complete construction of the project. Incidental travel costs, including vehicle usage, mileage, lodging, per diem, etc. are in addition to the engineering hours expended. 8.1 Provide Field Inspection/Coordination. The Project Manager will make on-site visits, as required, to deal with construction issues as necessary for the duration of the project. As of now, it is estimated that the Project Manager will be required to make a minimum of six (6) site visits to the project. 8.2 Provide Office Assistance. Office engineering staff, CAD personnel, and clerical staff will be required to assist the Construction Manager/Field Engineer(s) as necessary during construction. Specific items to be accomplished include compiling and sending additional information requested from the office to the project site, providing secondary engineering opinions on issues arising during construction, maintaining project files as necessary (field files are mirrored in the office for continuity) and various other items necessary in the day- to-day operations. Page 5of8 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-AB1 6-885951 1ACEC1 Eagle County Regional Airport AIP Project No. 3-08-0020-059-2018 Reconstruct North General Aviation Apron (Construction Management) December 5, 2018 8.3 Provide Resident Engineering. The Construction Manager will work approximately 12 hours per day and the one full time Field Engineer will be on-site approximately 10 hours per day. It is assumed that the Construction Manager and Field Engineer will be able to complete all daily project documentation in the course of their shift and that total inspection on-site time is anticipated to be 150 calendar days. It is assumed that the Contractor will work six (6) days a week during the construction period resulting in 130 working days. 8.4 Review Construction Submittals. This task consists of reviewing and approving the plans and material submittal data received from the Contractor. Engineering field personnel will also review copies of the Contractor's survey data and other construction items for general compliance with the construction documents. 8.5 Review Requests for Information (RFI). The Engineer will coordinate, review and provide a response to construction and general project RFI's. 8.6 Review Contractor Payroll Forms. Engineering field personnel will be required to conduct employee interviews and review Contractor's and Subcontractor's weekly payroll records as required by the FAA. As part of this effort, all payrolls will be reviewed and logged when received. A log identifying current status of reviews, and any action taken to correct noted discrepancies, will be provided for Sponsor review at time of Request for Reimbursement (RFR) processing as appropriate. 8.7 Review QA/QC Results Provided by Contractor. Engineering field personnel will review and coordinate revisions by the Contractor for quality control and the acceptance testing firm submittals performed as part of the acceptance testing required by FAA Standard Specifications. This will occur on a weekly basis and at project completion prior to submittal to the FAA. 8.8 Calculate Construction Quantities. Engineering field personnel will maintain record of the progress and will review the quantity records with the Contractor on a periodic basis. 8.9 Prepare Periodic Cost Estimates. Engineering field personnel will prepare the periodic cost estimates and review the quantities with the Contractor. The Engineer, Sponsor, and Contractor will resolve discrepancies or disagreements with the Contractor's records. The periodic cost estimate will also include all other costs associated with the project (administrative costs, engineering, any miscellaneous costs). After compiling all costs, the Engineer will then submit the periodic cost estimate to the Sponsor for payment. 8.10 Prepare Daily Reports. Engineering field personnel will maintain daily logs of the construction activities for the duration of time on site which includes the "Construction Project Daily Inspection Checklist" as required by the Construction Safety and Phasing Plan (CSPP) and SPCD. 8.11 Prepare/Submit Weekly Reports. Engineering field personnel will prepare a weekly status report using the FAA's standard form. The report will be submitted to the Sponsor, the FAA, and the office following the week of actual construction activities performed. TASK 8 DELIVERABLES: TO FAA TO SPONSOR 8.4 Submittal Reviews ✓ 8.5 RFI's ✓ 8.6 Payroll Reviews ✓ 8.7 QA/QC Results Compilation ✓ 8.9 Periodic Cost Estimates ✓ 8.10 Daily Reports ✓ 8.11 Weekly Reports ✓ ✓ Page 6of8 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-AB1 6-885951 1ACEC1 Eagle County Regional Airport AIP Project No. 3-08-0020-059-2018 Reconstruct North General Aviation Apron (Construction Management) December 5, 2018 EX Reimbursable Costs during Construction (Sections 5, 6, and 7 Reimbursables are invoiced on a lump sum basis, and Section 8 Reimbursables are invoiced on a cost plus fixed fee Basis. This section includes reimbursable items such as auto rental, mileage, lodging and per diem, travel and other miscellaneous costs incurred in order to complete Part B — Special Services. Svecial Considerations The following special considerations are required for this project but will be completed by sub -consultants to the Engineer. The cost for this work will be included in the engineering contract agreement with the Sponsor and the costs are in addition to the engineering fees outlined above. Acceptance Testing: Acceptance testing will be performed by an independent testing firm under the direct supervision of engineering field personnel. All acceptance test summaries must be accepted by the FAA prior to final inspection. Certified materials technicians will perform the necessary material acceptance testing for the following items, as detailed in the project specifications: + Item P-152 Excavation and Embankment + Item P-154 Subbase Course + Item P-209 Crushed Aggregate Base Course + Item P-401 Plant Mix Bituminous Pavements + Item P-501 Portland Cement Concrete Pavement + Item P-610 Structural Portland Cement Concrete Assumptions The scope of services described in the foregoing is based on several assumptions of responsibilities by the Engineer and Sponsor. It is anticipated there will be a minimum number of trips and site visits to the airport to facilitate the completion of the various phases listed in this scope. Each trip is anticipated to be a one -day trip, and the number of trips for each phase are as follows: + Construction Administration Phase: Two (2) Trips + Pre -Construction Coordination Phase: One (1) Trip + Post Construction Coordination Phase: One (1) Trip + On-site Construction Coordination Phase: Six (6) Trips 2. The Engineer will provide additional base mapping of existing topography, planimetric features, and underground utilities needed in the design phase of the project. 3. The Sponsor will furnish escorts as needed for the Engineer to conduct field work. 4. The Sponsor will coordinate with tenants as required to facilitate field evaluations and construction. 5. All engineering work will be performed using accepted engineering principles and practices and provide quality products that meet or exceed industry standards. Dimensional criteria will be in accordance with FAA Advisory Circular 150/5300-13A Airport Design and related circulars. Construction specifications will be in accordance with AC 15015370-10G Standards and the Northwest Mountain Regions Regional Updates for Specifying Construction of Airports and related circulars. Project planning, design, and construction will further conform to all applicable standards including all applicable current FAA Advisory Circulars and Orders required for use in Page 7of8 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-AB1 6-885951 1ACEC1 Eagle County Regional Airport AIP Project No. 3-08-0020-059-2018 Reconstruct North General Aviation Apron (Construction Management) December 5, 2018 AIP funded and PFC approved projects, and other national, state, or local regulations and standards as identified and relevant to an airfield design and construction project. 6. The Engineer will utilize the following computer software in the project: + AutoCAD Civil 3D + Microsoft Office Suite 7. The Engineer will utilize the following plan standards in the project: + Plan will be prepared using the Engineer's standards unless the Sponsor provides its own standards upon Notice to Proceed. + Plan elevations will be vertical datum NAVD 88 derived from the existing control network. + Plan coordinates will be based on horizontal datum NAD 83/2011 State Plane Coordinates derived from the existing control network. + All plans will be stamped and signed by a registered Colorado Professional Engineer, or professional land surveyor as required. + Plans prepared by subconsultants will be prepared using the same base maps, the same coordinate systems, and the same plan layout and format as plans prepared by the Engineer. 8. The Engineer will maintain records of design analyses and calculations consistent with typical industry standards as required by the FAA for a period of three years after the project is closed by the FAA. These will be included in the Engineer's Design Report. 9. The Engineer may reasonably rely upon the accuracy of data furnished by the Sponsor, or any other project participant not under contractual responsibility to the Engineer pursuant to the project and upon which the Engineer will base the services provided hereunder. 10. Because the Engineer has no control over the cost of construction -related labor, materials, or equipment, the Engineer's opinions of probable construction costs will be made on the basis of experience and qualifications as a practitioner of its profession. The Engineer does not guarantee that proposals for construction, construction bids, or actual project construction costs will not vary from Engineer's estimates of construction cost. Page 8of8 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-AB1 6-885951 1ACEC1 o� N o S 08 o S QQ V E z a c w bc, ° x a F c v 0 8 v 0 U O o 0 N r c 'gV' 0 a r 0 0 O O O O U a o N N 00 00 N M M o F 0 0 0 F p � N N M 0 O � < V � a U 0 0 0 0 0 0 0 0 0 0 0 o 0 a o a y G � N V' ✓1 � � N M c V" O O V o V p a a w u O N w" � M � M M v .a 0 s C" 0 U o 0 N 0 N a r m r m 9 m Fes se � 0 0 0 V � a a m o � U o y U m N m N a � U nL> Q � F O U O o cy C 0 N � M N U m m m i � H � as Q E b ~ rn W W b U C a° k � o x w w [ � ? E° Ok m v O " 5 F FQi O F a FF a F F L! tj ,N] a a�.0a w a P. F � � F C v aaF Nao3z� w a�cwF o S 08 o S QQ V E � o a c bc, ° x a F � ti 0 8 v 0 71 S o F Q � < V � c: U c W.. F e 6 c V" V m w � a° o 0 s C" G p}� a 9 m v � � V � a a o � U U a � U F U m m m i m as E ~ a° O " 5 F FQi O F a FF a F F L! o S o S QQ V E bc, ° x a F � ti 0 8 v 0 71 S F Q � < V a 5 c W.. e 6 g m w � a° o s U G p}� 9 a o � U a � U U m m m i m as E DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-AB1 6-885951 1ACEC1 8888888.1888 9 o 1. E V E m p m a L S F c U F F H � pQ d V C V 0 g ~ � G' 8 O F � w d V yC V � � U bb L V c E� o~ C C E h � 8 W a. 8 w" a � w v� FL Z U F H 0 U 0 g � G' O F d V yC U bb o~ C � 8 8 w" v� FL U c � L � L 9 L b W c a G � w � OBc. c. c. zv zv zv zv�aaF E DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 / AC"R " CERTIFICATE OF LIABILITY INSURANCE PD7TE'MMIDD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 02/07/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jen lanelli NAME: Moody Insurance Agency, Inc. PAHONri (303) 824-6600 aC, (303) 370-0118 Ext : No): E-MAIL ( @ y en.ianelli mood Ins.com 8055 East Tufts Avenue EACH OCCURRENCE $ 1,000,000 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Suite 1000 INSURERA: Travelers Indemnity ofAmenca 25666 Denver CO 80237 INSURED INSURER B: Charter Oak Fire Ins Co 25615 INSURER C : Travelers Indemnity Company 25658 Jviation, Inc. INSURER D: HISCOX Ins Co 10200 900 S. Broadway INSURER E: Suite 350 INSURER F, Denver CO 80209 COVERAGES CERTIFICATE NUMBER: 19-20 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 _7CLAIMS-MADE FX OCCUR DAMAGE TO PREM SES Ea oNcRETE ante $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 A Y 6803K6056971947 01/01/2019 01/01/2020 LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO ❑ LOC JECT: MOTHER PRODUCTS-COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ X ANYAUTO B OWNED SCHEDULED AUTOS ONLY AUTOS BA3K60743319GRP 01/01/2019 01/01/2020 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X HIRED�/ NON -OWNED AUTOS ONLY /� AUTOS ONLY X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 C EXCESS LAB CLAIMS -MADE CUP31<6124671947 01/01/2019 01/01/2020 DED I X1 RETENTION $ 10,000 $ C WORKERS COMPENSATION YIN AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? ❑ (Mandatory in NH) NIA UB3K6097031947G 01/01/2019 01/01/2020 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 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 Primary Professional ANE210267619 01/01/2019 01/01/2020 Limit 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Any and All Projects CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County Regional Airport Attn Josh Miller Construction Manager ACCORDANCE WITH THE POLICY PROVISIONS. 219 Eldon Wilson Road AUTHORIZED REPRESENTATIVE Gypsum CO 81637 91 4 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Moody Insurance Agency, Inc. NAMED INSURED Jviation, Inc. POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: :Notes Pollution Liability Policy: Policy Number: PGIPLX0012301 Policy Effective Dates: 01/01/2019 — 01/01/2012 Insurer: Lloyds of London (NAIC # 15792) Contractors Pollution Liability Limit: $5,000,000 Each Pollution Condition Cyber Liability Policy: Policy Number: EVOPNV352978 Policy Effective Dates: 01/01/2019 — 01/01/2020 Insurer: Evolve MGA Cyber Liability Limit: $1,000,000 Each Pollution Condition Contractors Pollution Liability Deductible: $10,000 General Liability CG D3 81 09 15 - Blanket Additional Insured Status When Required by Written Contract CG D3 81 09 15 — Blanket Waiver of Subrogation Status When Required by Written Contract CG D3 79 01 16 - Architects, Engineers and Surveyors Coverage Xtended Endorsement - Blanket Additional Insured, Blanket Waiver of Subrogation CG D4 69 07 14 - Per Project and Location Aggregate Limit Umbrella Liability UM 04 88 07 08 — Blanket Waiver of Subrogation Status When Required by Written Contract Workers Compensation WC 00 03 13 00 001 Form Attached Includes: Blanket Waiver of Subrogation status applies when required by written contract. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 9FACA1 FE-A71 D-4F22-AB1 6-885951 1ACEC1 Additional Named Insureds Other Named Insureds 35 S 400 W, LLC: Owns the building in Saint George, Additional Named Insured Creamer & Noble - A Jviation Company Additional Named Insured Creamer & Noble, Inc. J3Aviation Consultants, Inc. Additional Named Insured Additional Named Insured OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS COVERAGE XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force — Bodily Injury Or Property Damage D. Non -Owned Watercraft — Increased To Up To 75 feet E. Aircraft Chartered With Crew F. Damage To Premises Rented To You G. Malicious Prosecution — Exception To Knowing Violation Of Rights Of Another Exclusion H. Medical Payments — Increased Limit I. Increased Supplementary Payments J. Additional Insured — Owner, Manager Or Lessor Of Premises PROVISIONS A. BROADENED NAMED INSURED 1. The following is added to SECTION II — WHO IS AN INSURED: Any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the policy qualifies as a Named Insured. However, coverage for any such additional organization will cease as of the date during the policy period that you no longer maintain ownership of, or majority interest in, such organization. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "occurrence" in the DEFINITIONS Section: K. Additional Insured — Lessor Of Leased Equipment L. Additional Insured — State Or Political Subdivisions — Permits Relating To Premises M. Additional Insured — State Or Political Subdivisions — Permits Relating To Operations N. Who Is An Insured — Newly Acquired Or Formed Organizations O. Knowledge And Notice Of Occurrence Or Offense P. Unintentional Omission Q. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Written Contract R. Amended Insured Contract Definition — Railroad Easement Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission committed in providing or failing to provide first aid or "Good Samaritan services" to a person. 2. The following is added to the DEFINITIONS Section: "Good Samaritan services" means any emergency medical services for which no compensation is demanded or received. 3. The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above CG D3 79 01 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 COMMERCIAL GENERAL LIABILITY does not apply to any "bodily injury" arising out of any providing or failing to provide first aid or "Good Samaritan services" by any of your "employees", other than an employed doctor. Any such "employees" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES: Sale of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to Paragraph S. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in the providing or failing to provide first aid or "Good Samaritan services" to any one person will be considered one 'occurrence". 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. C. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended injury Or Damage insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. D. NON -OWNED WATERCRAFT — INCREASED TO UP TO 75 FEET 1. The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; 2. The following is added to Paragraph 2. of SECTION II — WHO IS AN INSURED: Any person or organization that, with your express or implied consent, either uses or is responsible for the use of a watercraft that you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; 3. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured for "bodily injury" that arises out of the use of a watercraft that you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge. E. AIRCRAFT CHARTERED WITH CREW 1. The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES: This exclusion does not apply to an aircraft that is: "Bodily injury" or "property damage" expected or intended from the standpoint of the (a) Chartered with crew to any insured; Page 2 of 6 © 2016 The Travelers Indemnity Company. All rights reserved. CG D3 79 01 16 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 (b) Not owned by any insured; and (c) Not being used to carry any person or property for a charge. 2. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured for use of an aircraft that is: (a) Chartered with crew to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or property for a charge. F. DAMAGE TO PREMISES RENTED TO YOU 1. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES: Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to such damage to premises as described in Paragraph 6. of Section III — Limits Of Insurance. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 6. of SECTION III — LIMITS OF INSURANCE: Subject to S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these. The Damage To Premises Rented To You Limit will be the higher of: a. $1,000,000; or b. The amount shown on the Declarations of this Coverage Part for Damage To Premises Rented To You Limit. 3. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINITIONS Section: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: (1) Fire; (2) Explosion; (3) Lightning; (4) Smoke resulting from such fire, explosion, or lightning; or (5) Water, is not an "insured contract"; 4. The following replaces Paragraph 4.16.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for premises rented to you, or temporarily occupied by you with the permission of the owner; CG D3 79 01 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 COMMERCIAL GENERAL LIABILITY G. MALICIOUS PROSECUTION — EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF ANOTHER EXCLUSION The following is added to Exclusion a., Knowing Violation Of Rights Of Another, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: This exclusion does not apply to "personal injury" caused by malicious prosecution. H. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C. for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: (a) $10,000; or (b) The amount shown on the Declarations of this Coverage Part for Medical Expense Limit. I. INCREASED SUPPLEMENTARY PAYMENTS The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B of SECTION I — COVERAGES: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B of SECTION I — COVERAGES: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. J. ADDITIONAL INSURED — OWNER, MANAGER OR LESSOR OF PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract to name as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" caused by an 'occurrence" that takes place, or "personal injury" caused by an offense that is committed, after you have signed that contract; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you under that written contract. The insurance provided to such premises owner, manager or lessor is subject to the following provisions: a. The limits of insurance provided to such premises owner, manager or lessor will be the limits which you agreed to provide in the written contract, or the limits shown on the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) "Bodily injury" or "property damage" caused by an 'occurrence" that takes place, or "personal injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager or lessor. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. K. ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written contract to name as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" caused by an 'occurrence" that takes place, or "personal injury" caused by an offense that is Page 4 of 6 © 2016 The Travelers Indemnity Company. All rights reserved. CG D3 79 01 16 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 committed, after you have signed that written contract; and b. Is caused, in whole or in part, by acts or omissions of you or any person or organization performing operations on your behalf, in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the limits which you agreed to provide in the written contract, or the limits shown on the Declarations of this Coverage Part, whichever are less; and b. The insurance provided to such equipment lessor does not apply: (1) To any "bodily injury" or "property damage" caused by an 'occurrence" that takes place, or "personal injury" caused by an offense that is committed, after the equipment lease expires; or (2) If the equipment is leased with an operator. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. L. ADDITIONAL INSURED — STATE OR POLITICAL SUBDIVISIONS — PERMITS RELATING T O PREMISES The following is added to Paragraph 2. of SECTION II — WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with premises owned or occupied by, or rented or loaned to, you, is an insured, but only with respect to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations for which that state or political subdivision has issued such permit. COMMERCIAL GENERAL LIABILITY M. ADDITIONAL INSURED — STATE OR POLITICAL SUBDIVISIONS — PERMITS RELATING TO OPERATIONS The following is added to Paragraph 2. of SECTION II — WHO IS AN INSURED: Any state or political subdivision that has issued a permit with respect to operations performed by you or on your behalf is an insured, but only with respect to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of operations performed by you or on your behalf for which that state or political subdivision has issued such permit. However, no such state or political subdivision is an insured for: (1) "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of operations performed for that state or political subdivision; or (2) "Bodily injury" or "property damage" included within the "products — completed operations hazard". N. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4.a. of SECTION II — WHO IS AN INSURED: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organizations, if you report such organization in writing to us within 180 days after you acquire or form it. O. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim Or Suit, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II — Who Is An Insured: CG D3 79 01 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 COMMERCIAL GENERAL LIABILITY (1) Notice to us of such "occurrence" or of an offense must be given as soon as practicable only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your trustees who is an individual (if you are a trust), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, limited liability company or trust), or any "employee" (such as an insurance, loss control or risk manager or administrator) authorized by you to give notice of an "occurrence" or offense. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. (2) If you are a partnership, joint venture, limited liability company or trust, and none of your partners, joint venture members, managers or trustees are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individual who is: (i) A partner or member of any partnership or joint venture; (ii) A manager of any limited liability company; (iii) A trustee of any trust; or (iv) An executive officer or director of any other organization; that is your partner, joint venture member, manager or trustee; or (b) Any "employee" authorized by such partnership, joint venture, limited liability company, trust or other organization to give notice of an "occurrence" or offense. health insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons described in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under the Coverage Part may apply. P. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Representations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED BY WRITTEN CONTRACT The following is added to Paragraph 8., Transfer of Rights of Recovery Against Others to Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a written contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract signed by you prior to loss. R. AMENDED INSURED CONTRACT DEFINITION — RAILROAD EASEMENT 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: (3) Notice to us of such "occurrence" or offense will be deemed to be given as C. Any easement or license agreement; soon as practicable if it is given in good 2. Paragraph f.(1) of the definition of "insured faith as soon as practicable to your contract" in the DEFINITIONS Section is workers' compensation, accident, or deleted. Page 6 of 6 © 2016 The Travelers Indemnity Company. All rights reserved. CG D3 79 01 16 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6803K6056971847 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS AND DESIGNATED PROJECT AND LOCATION AGGREGATE LIMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The Limits of Insurance shown in the Declarations are replaced by the following: LIMITS OF INSURANCE Total Aggregate Limit (Other Than Projects and Products -Completed Operations) Designated Location Aggregate Limit (Other Than Products -Completed Operations) Designated Project Aggregate Limit (Other Than Products -Completed Operations) General Aggregate Limit (Other Than Products -Completed Operations) Products -Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Damage To Premises Rented to You Limit Medical Expense Limit $ 10,000,000 $ 2,000,000 2,000,000 2,000,000 $ 2,000,000 1,000,000 $ 11000,000 $ 1,000,000 Any One Premises 10,000 Any One Person Designated Projects: Each "project" for which you have agreed, in a written contract which is in effect during this policy period, to provide a separate General Aggregate Limit, provided that the contract is signed and executed by you before the "bodily injury" or "property damage" occurs. Designated Locations: All locations listed in Item 3. of the Common Policy Declarations or in any master Pac Account Exposure Endorsement included in this policy. CG D4 69 0714 9D 2014 The Trave ars. Indemnity Company All nghts reserved. Page 1 of 4 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 COMMERCIAL GENERAL LIABILITY A. The following replaces SECTION III — LIMITS OF damage" included in the "products - INSURANCE: completed operations hazard". In- t. a. The Limits of Insurance shown in the stead, the Products -Completed Op - Schedule above and the rules below fix erations Aggregate Limit shown in the the most we will pay regardless of the Schedule above and described in 3. number of: below applies to such damages. (1) Insureds; (2) Claims made or "suits" brought; (3) Persons or organizations making claims or bringing "suits"; or (4) Designated "projects" or "locations" shown in the Schedule above. b. The Total Aggregate Limit shown in the Schedule above is the most we will pay for the sum of all amounts under the Des- ignated Location Aggregate Limit and all amounts under the General Aggregate Limit. This includes: (1) Damages under Coverage A. except damages because of "bodily injury" or "property damage" included in the "products -completed operations haz- ard"; (2) Damages under Coverage B; and (3) Medical expenses under Coverage C. c. A Designated Project Aggregate Limit is provided and is also shown in the Sched- ule above. The Designated Project Ag- gregate Limit is subject to all of the follow- ing provisions: (1) The Designated Project Aggregate Limit is the most we will pay for the sum of: (a) Damages under Coverage A be- cause of "bodily injury" and "property damage" caused by "occurrences": and (b) Medical expenses under Cover- age C for "bodily injury" caused by accidents; which can be attributed only to opera- tions at a single designated "project" shown in the Schedule above. (4) The Designated Project Aggregate Limit does not apply to damages un- der Coverage B. Instead, the General Aggregate Limit shown in the Sched- ule above and described in 2. below applies to such damages. (5) Any payments made for damages or medical expenses to which the Des- ignated Project Aggregate Limit ap- plies shall reduce the Designated Project Aggregate Limit for that des- ignated "project". Such payments shall not reduce the Total Aggregate Limit shown in the Schedule above, the General Aggregate Limit shown in the Schedule above and described in 2. below, the Designated Project Ag- gregate Limit for any other designat- ed "project" shown in the Schedule above or the Designated Location Aggregate Limit shown in the Sched- ule above. d. Subject to the Total Aggregate Limit shown in the Schedule above and de- scribed in b. above, a Designated Loca- tion Aggregate Limit is provided and is al- so shown in the Schedule above. The Designated Location Aggregate Limit is subject to all of the following provisions: (1) The Designated Location Aggregate Limit is the most we will pay for the sum of: (a) Damages under Coverage A be- cause of "bodily injury" and "property damage" caused by "occurrences"; and (b) Medical expenses under Cover- age C for "bodily injury" caused by accidents; (2) The Designated Project Aggregate which can be attributed only to opera- tions at a single designated "'location" Limit applies separately to each des- ignated project. shown in the Schedule above. (2) The Designated Location Aggregate (3) The Designated Project Aggregate Limit does not apply toLimit applies separately to each des - cause of bodily injuryor property ignated "location". Page 2 of 4 0 2014 The Travelers. Indemnity Company. All rights reserved CG D4 69 07 14 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 COMMERCIAL GENERAL LIABILITY (3) The Designated Location Aggregate stead, the Products -Completed Opera - Limit does not apply to damages be- tions Aggregate Limit shown in the cause of "bodily injury'- or "property Schedule above and described in 3. be - damage" included in the "products- low applies to such damages. completed operations hazard_" In- stead, the Products -Completed Op- c. Any payments made for damages or erations Aggregate Limit shown in the medical expenses to which the General Schedule above and described in 3. Aggregate Limit applies shall reduce both below applies to such damages. the Total Aggregate Limit shown in the Schedule above and the General Aggre- (4) The Designated Location Aggregate gate Limit shown in the Schedule above. Limit does not apply to damages un- Such payments shall not reduce the Des - der Coverage B. Instead, the General ignated Project Aggregate Limit for any Aggregate Limit shown in the Sched- designated "project" shown in the Sched- ule above and described in 2. below ule above or the Designated Location applies to such damages. Aggregate Limit for any designated "loca- (5) Any payments made for damages or tion" shown in the Schedule above. medical expenses to which the Des- 3. If coverage for liability arising out of the ignated Location Aggregate Limit ap- "products -completed operations hazard" is plies shall reduce both the Total Ag- provided, the Products -Completed Operations gregate Limit shown in the Schedule Aggregate Limit shown in the Schedule above above and the Designated Location is the most we will pay under Coverage A for Aggregate Limit for that designated damages because of "bodily injury" or "prop - "location". Such payments shall not erty damage" included in the "products - reduce the General Aggregate Limit completed operations hazard". Any payments shown in the Schedule above and made for such damages shall reduce the described in 2. below, the Designated Products -Completed Operations Aggregate Project Aggregate Limit shown in the Limit shown in the Schedule above. Such Schedule above or the Designated payments shall not reduce the Total Aggre- Location Aggregate Limit for any oth- gate Limit shown in the Schedule above, the er designated "location" shown in the General Aggregate Limit shown in the Schedule above. Schedule above, the Designated Project Ag - 2. Subject to the Total Aggregate Limit shown in gregate Limit for any designated "project" the Schedule above and described in 1.b. shown in the Schedule above or the Desig- above, a General Aggregate Limit is provided nated Location Aggregate Limit for any des - and is also shown in the Schedule above. ignated "location" shown in the Schedule The General Aggregate Limit is subject to all above. of the following provisions: 4. Subject to the Total Aggregate Limit and the a. The General Aggregate Limit is the most General Aggregate Limit shown in the we will pay for the sum of: Schedule above and described in 1.b. and 2. above, the Personal and Advertising Injury (1) Damages under Coverage A be- Limit is the most we will pay under Coverage cause of "bodily injury" and "property B for the sum of all damages because of all damage caused by "occurrences", "personal injury" and all "advertising injury" and medical expenses under Cover- sustained by any one person or organization. age C for "bodily injury" caused by accidents, which cannot be attributed S. Subject to the Total Aggregate Limit and ei- only to operations at a single desig- ther the Designated Location Aggregate Limit nated "project" or "location" shown in or the General Aggregate Limit, subject to the the Schedule above; and Designated Project Aggregate Limit or subject (2) Damages under Coverage B. to the Products -Completed Operations Ag- gregate Limit, shown in the Schedule above b. The General Aggregate Limit does not and described in 1. b., 1.c, 1.d., 2. and 3. apply to damages for "bodily injury" or above, whichever apply or applies, the Each "property damage" included in the '-prod- Occurrence Limit is the most we will pay for ucts-completed operations hazard." In- the sum of: CG D4 69 07 14 0 2014 The Travelers, Indemnity Company All rights reserved. Page 3 of 4 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 COMMERCIAL GENERAL LIABILITY a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one 'occurrence". 6. Subject to the Each Occurrence Limit shown in the Schedule above and described in S. above, the Damage To Premises Rented To You Limit is the most we will pay under Cov- erage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to the Each Occurrence Limit shown in the Schedule above and described in S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part ap- ply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the poli- cy period is extended after issuance for an addi- tional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. B. The following is added to the DEFINITIONS Sec- tion: "Location" means any premises owned by or rented to you shown in the Schedule above. For the purposes of determining the applicable ag- gregate limit of insurance, each "location" that in- cludes a premises involving the same or connect- ing lots, or premises whose connection is inter- rupted only by a street, roadway or waterway, or by a right-of-way of a railroad, shall be considered a single "location". "Project" means any area, away from premises owned by or rented to you, shown in the schedule above at which you are performing operations pursuant to a contract or agreement. For the pur- poses of determining the applicable aggregate limit of insurance, each "project" that includes a premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of- way of a railroad, shall be considered a single "project'. Page 4 of 4 0 2014 The Travelers. Indemnity Company. All rights reserved CG D4 69 07 14 DocuSign Envelope ID: 9FACA1 FE -A71 D-4F22-ABI6-8859511ACEC1 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT TO RECOVER FROM OTHERS., of SECTION IV — CONDITIONS.: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" caused by an "occurrence" that takes place; or b. "Personal injury" or "advertising injury" caused by an "offense" that is committed; subsequent to the execution of the contract or agree- ment. UM 04 88 07 08 © 2008 The Travelers Companies, Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office, Inc. with its permission.