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HomeMy WebLinkAboutC21-018 Menendez ArchitectsAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND MENENDEZ ARCHITECTS P.C. THIS AGREEMENT (“Agreement”) is effective as of the ________________, by and between Menendez Architects P.C., an architectural and engineering (hereinafter “Consultant”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, the County is in need of a company to provide on-call consulting services for preliminary site assessment and requirements; architectural design; civil engineering; structural engineering; mechanical and electrical engineering; cost estimating; facility equipment design and specifications to meet various county facility needs. WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, the County wishes to hire Consultant to perform tasks associated with such services. WHEREAS, this Agreement shall govern the relationship between Consultant and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1.Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete various projects (“Project”) pursuant to this Agreement in accordance with the rates described in Exhibit A (“Services”) which is attached hereto and incorporated herein by reference. To the extent practicable, prior to the performance of any Services, Consultant shall first provide County with a written estimate for each Project and the County Representative shall approve such estimate in writing. There may be instances, at the discretion of the County Representative, when it is not practicable to have a written estimate prior to commencement of performing the Services for a Project. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a.Consultant agrees to furnish the Services beginning on January 1, 2021, and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 1/19/2021 C21-018 2 Eagle County Prof Services Final 5/14 b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c. Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 2. County’s Representative. The Project Management Department’s designee shall be Consultant’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 31 of December, 2021. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County’s Representative for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Consultant’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed two hundred thousand dollars ($200,000). Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 3 Eagle County Prof Services Final 5/14 c. If , at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Consultant shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. d. County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Sub-consultants. Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub- consultant agreements for the performance of any of the Services or additional services without County’s prior written consent, which may be withheld in County’s sole discretion. County consents to Consultant’s use of the following sub-consultants and does not require written consent of such use: Glenwood Structural and Civil Incorporated; Architectural Engineering Consultants; Ground Engineering Consultants; and Marcin Engineering, LLC. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub-consultant, as approved by County and to the extent of the Services to be performed by the sub- consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub- consultant hired by Consultant and Consultant shall cooperate in such process. The Consultant shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 7. Insurance. Consultant agrees to provide and maintain at Consultant’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 4 Eagle County Prof Services Final 5/14 iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Consultant’s certificates of insurance shall include sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” rating of not less than A-VII. iv. Consultant’s insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant’s policy shall contain a waiver of subrogation against Eagle County. v. All policies must contain an endorsement affording an unqualified thirty (30) days’ notice of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Consultant’s certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Consultant’s broker, without further notice or authorization by Consultant, to immediately comply with any written request of County for a complete copy of the policy. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 5 Eagle County Prof Services Final 5/14 viii. Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. ix. If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Consultant is not entitled to workers’ compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub- consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action to the extent caused by the negligent acts, errors or omissions of Consultant or any of its sub-consultants hereunder. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. County shall not be deemed the owner of said documents until payment has been received by the Consultant. County acknowledges that use of the documents prepared under this agreement should be used for the project for which they were prepared only. Consultant may use ideas and drawings prepared during the performance of the Services for other projects, as appropriate. County further acknowledges that use of the documents which are not stamped “final construction documents” will be at County’s sole risk and without liability to Consultant. Furthermore, reuse or modification of any such documents by County, without Consultant’s written permission, shall be at County’s sole risk. For purposes of this paragraph, the term “documents” shall mean and include all reports, plans, studies, tape or other DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 6 Eagle County Prof Services Final 5/14 electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant (including any employee or subconsultant in connection with the performance of the Services and additional services under this Agreement). All Documents shall be provided by Consultant in both printed and electronic format. Electronic format shall include native formats, but not limited to, AutoCAD, Revit, Microsoft Word or Microsoft Excel so that County personnel can easily utilize the information and format the information to accommodate various means of presentation and publication. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Josh Miller 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3532 E-Mail: josh.miller@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us CONSULTANT: Menendez Architects, P.C. Luis Menendez 715 W. Main Street Suite 104 Aspen, Colorado 81611 970-544-4851 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 7 Eagle County Prof Services Final 5/14 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by County to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant’s work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from the County. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 12. Termination. County and Consultant may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefore with seven (7) calendar days’ prior written notice to the respective party. Upon termination of this Agreement, Consultant shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Consultant for Services satisfactorily performed to the date of termination. 13. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 15. Other Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 8 Eagle County Prof Services Final 5/14 b. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. c. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County. d. Consultant represents that at all times in the performance of the Services, Consultant shall comply with applicable laws, codes, rules and regulations. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. f. Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. h. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by federal, state or county auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours, upon 48 hours’ notice to Consultant. Consultant shall fully cooperate during such audit or inspections. k. The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. l. The Consultant, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 9 Eagle County Prof Services Final 5/14 States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 16. Prohibitions on Government Contracts. As used in this Section 16, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Consultant will participate in the E-verify Program or other Department of Labor and Employment program (“Department Program”) in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Consultant shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm c. Consultant shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Consultant shall be required to: i. Notify the subcontractor and County within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 10 Eagle County Prof Services Final 5/14 establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e.Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f.If Consultant violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to County as required by law. g.County will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and County terminates the Agreement for such breach. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Matt Scherr, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CONSULTANT: Menendez Architects P.C. By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Luis Menendez President 11 Eagle County Prof Services Final 5/14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email:LAM@MenendezArchitects.com November 24, 2020 Mr. Josh Miller Construction Manager Eagle County Project Management Department 3289 Cooley Mesa Road Gypsum, CO 81637 Subject: RFQ for On-Call Architectural and Engineering Services Dear Mr. Miller, Thank you for the confidence you and other members of the Project Management Department have placed in our work, and team, by extending an invitation for us to present our qualifications in response to the RFQ for On-Call Architectural and Engineering Services for Eagle County. We greatly appreciate the opportunity to possibly continue to provide Eagle County with our services. We believe our team distinguishes itself in the following categories: Proven Track Record We believe Menendez Architects pc (MApc) has successfully completed all of its assignments for Eagle County in a timely manner. Eagle County knows exactly what to expect when retaining the services of our firm. We are a known entity. Degree of Interest Shown Menendez Architects’ interest in Eagle County projects dates back to 2007 when the majority of other local firms preferred to work on private projects. Our interest in County projects is genuine and has never been motivated by the changes in the construction industry market. We enjoy the variety of project types the County offers and we especially enjoy working with Eagle County personnel. Reputation Menendez Architects pc has an excellent reputation not only amongst its colleagues but also with general contractors, building officials and clients. Our reputation for understanding construction means and methods; producing creative designs and timely delivery of information is unsurpassed by other firms in the area. Familiarity with Eagle County As the “On-Call” architectural firm for Eagle County Government since 2007 no other architectural firm has recently worked on more projects for Eagle County Government than Menendez Architects pc. The civil, mechanical, plumbing and electrical engineering consultants of our team are all based and live in Eagle County. Menendez Architects pc, DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 while based in Pitkin County, is conveniently located near the El Jebel/Basalt portion of Eagle County. Best Value We provide quality designs with comprehensive construction documents. The quality of our documents help contractors price projects more accurately. We provide contractors with information on a timely basis to help them stay on schedule. Our approach to construction documents and construction administration can translate into significant cost savings and shorter construction schedules for our clients. Thank you once again for the opportunity to participate in Eagle County projects and we hope to be able to continue our working relationship. Sincerely, Luis A. Menendez, A.I.A. President Menendez Architects pc DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services Eagle County On-Call Architectural & Engineering Services TABLE OF CONTENTS A STATEMENT SUBMITTAL FORM | 1 B QUALIFICATIONS | 2 C EXPERIENCE | 3 D SCHEDULE | 20 E BUDGET/PRICING | 21 F FAMILIARITY WITH EAGLE COUNTY | 25 G REFERENCES | 26 H LEGAL ISSUES | 27 I GENERAL APPROACH TO THE PROJECT | 28 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [2 ] B | QUALIFICATIONS Menendez Architects pc (MApc) has had the pleasure and good fortune of a long lasting professional relationship with Eagle County Government as its On-Call Architecture and Engineering firm. During this tenure MApc has gained important and deep insight into the inner workings of Eagle County’s Facilities Department and its approach to capital improvement projects. MApc has developed good working relationships with Eagle County’s staff of project managers. Menendez Architects pc is an Aspen, Colorado based architectural firm with 35 years experience in all aspects of design and construction of public sector, commercial, industrial, and residential work. Our team of dedicated professionals brings commitment, creative energy and personal integrity to every project. It is a practice that has helped build long-term relationships with clients who return to us for multiple projects. MApc’s design experience includes: government offices remodel projects; private offices remodel projects, childcare centers, snow removal equipment facilities, vehicle storage structures, airport facilities, industrial facilities, multi-family housing, custom single- family residences, and agricultural structures. With the vast majority of these projects located in the mountain region of Colorado, we have extensive experience with local mountain conditions and working relationships with the premier mountain contractors. Years of experience with government projects have honed our skills with Design-Bid- Build and Guaranteed Maximum Price project delivery methods. We understand the importance of producing comprehensive, well coordinated, bidding and construction documents to reduce the probability of construction change orders, construction schedule delays and in obtaining the most competitive bids. To ensure the highest level of quality control over its work Menendez Architects pc maintains an in-house team of four dedicated and experienced professionals. The principal and staff members use their own personal vehicles as needed to make job-site visits and attend business meetings. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [3 ] C | EXPERIENCE For this assignment we have assembled the same team of professionals that have been working together the last several years providing on-call architectural and engineering services for Eagle County Government and other clients. All team members are highly experienced individuals capable of providing the County with the expertise required to successfully execute any project. We have prepared the following firm summaries of our team for your consideration: MENENDEZ ARCHITECTS P.C. Menendez Architects pc has practiced as a licensed architect in Colorado since 1994 realizing successful projects in Pitkin, Eagle and Garfield counties. MApc maintains excellent professional relationships with local government building officials, consultants and contractors. Having worked on numerous local municipal projects, Menendez Architects pc is thoroughly knowledgeable with the process of working for government clients and multiple government agencies. Menendez Architects pc understands projects from the design and construction aspects resulting in cost effective engineering and detailing following logical sequences of construction. MApc takes pride in producing creative and fitting designs with comprehensive construction documents structured for the building process. This creates added value to the client in the form of more accurate pricing by contractors; reduced probability of change orders and on-site work stoppages due to unresolved conditions on the contract documents; increased value in the finished product due to design and function. Menendez Architects pc realizes we are only one of many disciplines required to successfully administrate and execute projects. We maintain positive and professional relationships with all team members with a proactive results-oriented approach towards all tasks. The land surveying and civil engineering firm of Marcin Engineering will provide the civil engineering services. Architectural Engineering Consultants will be responsible for services requiring mechanical, plumbing and electrical engineering. Glenwood Structural and Civil will focus on the structural engineering aspect of projects. Ground Engineering will perform the soils investigation work as may be required. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [4 ] The team members of Menendez Architects pc, for smaller projects, will primarily comprise of two senior architectural professionals (Luis Menendez and Martin Taffarelli). For larger projects, this same team will draw on the resources of one or two additional architectural staff member as project demands dictate. LUIS A. MENENDEZ PRESIDENT [MENENDEZ ARCHITECTS P.C.] Luis Menendez is founder and President of Menendez Architect pc and gives his personal attention to every client and project the firm undertakes. He is responsible for direct project management as well as quality of design and construction documents. With over 37 years of experience in the field of architecture and construction, in a wide variety of project types, Luis has the expertise and skills needed to successfully execute projects. With vast local experience, Luis knows and understands cost and construction issues specific to mountain conditions. Education Bachelor of Architecture Southern California Institute of Architecture, 1983 Licenses/Certifications Licensed Architect, State of Colorado #C-4522 Licensed Architect, State of California #C-24030 Licensed General Contractor, State of California Abridged Relevant Experience • Eagle County Facilities Workshop/Storage Building, Gypsum, Colorado. New pre-engineered metal building housing approximately 10,700 square feet of vehicle and general storage, 1,400 square feet of offices and 1,500 square feet of workshop space • Eagle County Airport Bathroom Addition/Remodel, Gypsum, Colorado. Addition and remodel of Women’s Bathroom and Storage Room • ECO Transit Leadville Bus Storage Facility, Leadville, Colorado. New 4,627 s.f., six-bus storage facility with office • Eagle County Materials Recovery Facility, Wolcott, Colorado. New 15,000 s.f. recycling facility consisting of indoor tipping floor accessible to trash trucks, recycling processing space, bale storage, office space, break room and service spaces for the processing of recyclable materials DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [5 ] MARTIN TAFFARELLI, LEED Green Associate PROJECT MANAGER [MENENDEZ ARCHITECTS] Martin has over 18 years experience as an architect and has spent the last 13 years as a dedicated employee of Menendez Architects pc. He is an accomplished production manager in charge of much of the construction documents work at our firm. As a LEED Accredited Professional, Martin is responsible for all LEED related items including, research, sustainability goals, and sustainable building strategies. Martin has worked on the vast majority of the projects Menendez Architects has designed for Eagle County. Education Bachelor of Architecture University of Mendoza, Argentina 2002 Licenses/Certifications LEED Green Associate Licensed Architect, Argentina Abridged Relevant Experience • Lake Creek Head Start Program Addition, Edwards, Colorado. Addition of approximately 5,500 square feet of classrooms, offices, meeting rooms and bathrooms to an existing office/clubhouse building • Eagle County Old Courthouse Remodel, Eagle, Colorado. Interior remodel of the first floor of the historic Old Courthouse building into new Health and Human Services offices and meeting rooms • Eagle County Landfill Truck Scales and Scale House, Wolcott, Colorado. New Scale House (offices) and truck scales, vehicle access roads, and surface parking • Miller Ranch Child Care Facility, Edwards, Colorado. Interior remodel, and reconfiguration of existing child care facility to increase student capacity • White River Electric Association Office Remodel, Meeker, Colorado. Interior remodel of approximately 7,100 square feet of space into new offices, meeting rooms, break room and bathrooms • Eagle County Emergency Operations Center, Eagle, Colorado. Interior remodel to convert approximately 2,800 square feet of storage space into offices and emergency operations command center. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [6 ] MARCIN ENGINEERING Marcin Engineering LLC, founded in 1997, is a civil engineering and land surveying firm based in Avon, Colorado. More recently, Marcin has added offices in Breckenridge and Salida, Colorado. They are a high quality mountain resort firm that understands mountain conditions and the unique challenges that the area presents. Marcin Engineering has worked with a wide variety of City, State and Federal agencies to obtain permits and approvals on numerous industrial, commercial, mixed-use, recreational and residential projects. Marcin Engineering has worked with various consultants to design to EPA Energy Star and USGBC LEED system guidelines. They have undergone continued professional development training in storm water quality control and CDOT Erosion Control. With a peak season staff of approximately 20 highly trained professionals, Marcin delivers creative yet practical solutions tailored to the specific circumstances of each project for a variety of civil engineering services, including Land Development/Site Design Subdivision Design Master Planned Communities Public Facilities Resort/Hospitality Improvements Transportation Energy/Industrial Facilities Stormwater Management Utilities Thomas Marcin, PE, PLS Principal-In-Charge [Marcin Engineering] • University of Wisconsin, Platteville, Bachelor of Science, Civil Engineering, 1992. University of Wyoming, Undergraduate Land Surveying Classes, 2002-2005. • Licensed Professional Engineer: Colorado, Wyoming, Wisconsin, Utah, California. • Professional Land Surveyor: Colorado. • Project Manager and/or Principal-In-Charge for all Projects. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [7 ] MARCIN ENGINEERING Relevant Experience Marcin Engineering has enjoyed the opportunity of working with Eagle County on numerous Civil Engineering and Land Surveying Projects. Marcin Engineering has worked on numerous projects in Eagle County. The following descriptions represent a few of those projects: • Eagle County Justice Center, Eagle, Colorado: Project Civil Engineer and Surveyor for a municipal project involving 27,200 square feet of immediate addition and 4,900 square feet of future expansion for the purposes of Eagle County Court offices, courtroom and detention facilities. Tasks include: topographic survey, site layout, design of new parking areas, grading, sanitary sewer and water service design, water main relocation, and modification of the storm sewer drainage system. • ECO Transit Leadville Bus Storage Facility, Leadville, Colorado: Civil engineer for this municipal transportation project for a 4600 square foot bus facility on a 2 acre parcel. The project included: site layout for buses and passenger vehicles and grading as well as water, sanitary sewer, electrical and gas service design. • Western Eagle County Metropolitan Recreation District Edwards Field House: Civil engineering services involving the design of a roughly 60,000 square foot field house. Marcin Engineering worked closely with WECMRD (Owner), R.A. Nelson (Contractor), Architect, Eagle County, various other engineering firms, and utility companies. We provided civil engineering, cost estimating, and construction support services for this project. This project required extensive programming and coordination with all entities involved through required weekly meetings, phone calls, and e-mails. • Miller Ranch Multi Family (Mill Loft) Housing, Eagle County: Marcin Engineering served as the Civil Engineer and Land Surveyor for Phases 2 and 3 of the Miller Ranch single family development, as well as all phases of the Mill Loft multifamily housing design. This design included the layout of the parking areas and detached garages and the corresponding grading, drainage and utility design of this very compact site. • Eagle County Recycling Facility, Wolcott, Colorado: Civil Engineer for a municipal project involving 23,000 square feet building (Phase I & II) for the purposes of handling recyclable materials for Eagle County. Tasks included: site layout, access design for semi-trucks, utility design, and grading and drainage design. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [8 ] ARCHITECTURAL ENGINEERING CONSULTANTS Architectural Engineering Consultants is a full service Mechanical, Plumbing, Electrical & Lighting engineering consulting firm. AEC provides quality design services on a variety of projects including industrial, residential, ski resorts, hotels, restaurants, local government facilities, condominiums, and mixed-use developments. Located in the Vail Valley, AEC focuses on the special engineering needs of mountain towns such as Vail, Eagle, Steamboat Springs, Aspen, Craig, Montrose, Dillon, Frisco, Breckenridge, and Glenwood Springs. AEC was established in May of 2000 with a vision to provide clients with the best value in engineering services. AEC is committed to implementing cost effective and energy efficient designs that optimize a building’s systems. As LEEDTM Accredited Professionals, they strive to find sustainable solutions to any engineering challenge. With a team of approximately 8 in-house professionals AEC takes a team approach with an emphasis on the constructability of its designs. STANTON O. HUMPHRIES PRINCIPAL [ARCHITECTURAL ENGINEERING CONULTANTS] Stanton Humphries, P. E. has over twenty years of consulting lighting design and electrical engineering experience. He has completed a wide variety of projects including high end residential, hospitality, restaurant, commercial, civic and retail. Stanton’s electrical engineering abilities are demonstrated in the design of several emergency generator systems to back up fire mitigation systems, cable TV and telephone switching stations, mountain top restaurant and gondola systems. Education 2003 LEED Accreditation. 1991 Masters Degree in Business Administration Saint Louis University, Saint Louis, Missouri 1986 Bachelors Degree in Electrical Engineering University of Missouri, Columbia, Missouri Eagle County MRF Site Licenses/Certifications Licensed Electrical Engineer, State of Colorado Licensed Electrical Engineer, State of New Mexico Licensed Electrical Engineer, State of Wyoming DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [9 ] ARCHITECTURAL ENGINEERING CONSULTANTS Relevant Experience • Eagle County Airport Emergency Power Generators, 100% backup power for airport facility, Gypsum, Colorado • Eagle County Materials Recovey Facility, Wolcott, Colorado • Eagle County Airport Snow Removal Equipment Facility, Gypsum, Colorado • ECO Transit Leadville Bus Storage Facility, Leadville, Colorado • Eagle County Golden Eagle Senior Center Housing, Eagle, Colorado. • Bud Werner Memorial Library, LEED Silver, Steamboat Springs, Colorado. • Avon Streetscape, street light replacement throughout Avon, Colorado. • Swift Gulch Maintenance Facility, Bus maintenance, wash, gas etc, Avon, Colorado • Beaver Creek Metro District, maintenance facility, Eagle-Vail, Colorado. • Howelsen Hill Ski Area, power distribution plans for snow guns & lighting, Steamboat Springs, Colorado. • Steamboat Human Services, 5,000 SF offices, Steamboat Springs, Colorado. • Centennial Hall, Steamboat City Offices and Council Chambers, Steamboat Springs, Colorado. • City Hall Building Renovations, Steamboat City offices remodels, Steamboat Springs, Colorado • Routt County Accounting, 5,000 SF offices, Steamboat Springs, Colorado. • Craig Regional Transit Facility, bus storage and depot, Craig, Colorado • Strings In The Mountains, 9,000 SF performing arts center, Steamboat Springs, Colorado. • Carbondale Fire Department Headquarters & Fire Station, 30,000 SF, Carbondale, Colorado • Copper Mountain Snowmelt projects, Copper Mountain, Colorado • Breckenridge Transit Facility snowmelt, Summit County, Colorado. • Summit County Library & Transit Building, 85,000 SF, Summit County, Colorado • Summit County Landfill and Recycle Center, Summit County, Colorado • Eagle Ranch Theater, 22,500 SF movie theater, condos & retail, Eagle, Colorado • Colorado Mountain Furniture, 17,000 SF furniture retail in Gateway Center, Gypsum, Colorado • Alpine Center, 20,000 SF office and retail development in Gateway Center, Gypsum, Colorado DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [10] GLENWOOD STRUCTURAL AND CIVIL, INC. Glenwood Structural and Civil, Inc. draws on a very diverse range of engineering disciplines, construction types, and hands-on construction experience to provide projects with practical, economic, and flexible systems. Of primary consideration toward the design are local construction practices, material costs, lead times, work force resources and capabilities, as well as the construction schedule and climatic conditions. Glenwood Structural is based in Glenwood Springs, Colorado and has extensive mountain experience providing engineering services for public building projects. Current and past government clients include Eagle County, Gilpin County, Garfield County and Town of Silt. The firm’s principal structural engineering team is composed of Adolfo O. Gorra, MS, PE, NCEES, Ken Kulwiec, MFA, and Paula Gorra, MS. These individuals bring extensive knowledge and experience in producing structural engineering solutions for any challenge a project may present. ADOLFO O. GORRA, MS, PE, NCEES PRESIDENT [GLENWOOD STRUCTURAL AND CIVIL, INC.] Adolfo has over 20 years of experience in structural and civil design and construction utilizing concrete, masonry, steel and timber systems. Adolfo’s philosophy is to draw on the vast resources of the team environment in developing the optimum set of professional documents for the project. Education 1990 Master of Science in Civel Engineering University of Southern California 1986 Bachelor of Science in Civil Engineering, Building Science University of Southern California Licenses/Certifications Licensed Colorado Professional Engineer Licensed California Civil Engineer Licensed Montana Professional Engineer Licensed Nevada Professional Engineer Licensed Arizona Professional Engineer Registered with the National Council of Examiners for Engineers and Surveyors. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [11] GLENWOOD STRUCTURAL AND CIVIL, INC. Abridged Relevant Experience • Eagle County Old Courthouse Remodel, Eagle, Colorado. Interior remodel of first floor of the Old Courthouse building. Owner: Eagle County. Contractor: Contract One Inc. • Eagle County Facilities Workshop/Storage Building, Gypsum, Colorado. New pre-engineered metal building housing approximately 10,700 square feet of vehicle and general storage, 1,400 square feet of offices and 1,500 square feet of workshop space • ECO Transit Leadville Bus Storage Facility, Leadville, Colorado. New 4,627 s.f., six-bus storage facility with office. Owner: ECO Transit. Contractor: TCD Inc. • Eagle County Materials Recovery Facility, Wolcott, Colorado. New 15,000 s.f. recycling facility. Owner: Eagle County. Contractor: Shaw Construction. • Rifle Parks Maintenance Facility, Rifle: New 13,485 SF building on two levels, composed of two parts. The administrative area use is 6,200 SF and a parks operations maintenance use area is 7,285 SF. The building includes space for shop, offices, storage, conference, training, and lockers. • Eagle County Road and Bridge, El Jebel: 10,000 S.F. facility for repair and maintenance of county road vehicles and County administrative offices in El Jebel, Colorado. Built of CMU insulated load bearing cavity walls with CMU veneer, steel bar joists and steel framing and featuring cantilevered CMU beams forming overhangs on both sides of the building. The building is designed to be durable under harsh conditions. • Gilpin County Recreation Center, Gilpin County, Colorado. 45,000 s.f. facility housing an Olympic size swimming pool, recreational pool, gymnasium, elevated running track, craft areas, exercise areas and multi-purpose spaces. • Silt Elementary School, Silt, Colorado. Two level, 61,000 s.f. school for Pre-K through 4th grade students. The Building contained a commercial kitchen, classrooms, administration offices, multi-purpose areas, gymnasium, storage and bathrooms. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [12] GROUND ENGINEERING Consultants Ground Engineering has been serving the needs of construction projects throughout Colorado for more than three decades. Founded in 1984, Ground Engineering Consultants provides a full range of geotechnical and environmental engineering services, construction materials testing and special inspections, specialty services and laboratory services. Geotechnical Engineering Services Ground’s geotechnical engineering services include drilling and subsurface exploration; foundation and floor design parameters; pavement design/pavement management; resilient modulus testing; rock slope engineering; settlement analysis; retaining wall design; slope stability analysis; seismic analysis; failure analysis; geotechnical instrumentation; geophysical exploration and geothermal consultation. Environmental Engineering Services Ground’s environmental engineering services include EPA All Appropriate Inquiry (AAI); Phase I/II/III environmental site assessments; soil and ground water investigations; construction dewatering, discharge monitoring and sampling; soil stockpile/borrow area evaluations and radon testing. Construction Materials Testing & Special Inspections Ground’s construction materials testing & special inspections services include soils, aggregates, concrete, and asphalt; reinforcing steel observation; drilled piers/driven piles/geopiers®; welded/bolted connections (fabrication & erection); anchors/embeds; structural masonry; post tensioning; fireproofing; floor flatness/floor levelness; moisture vapor emissions, relative humidity, and pH testing; maturity meter; paint thickness verification; utility installation inspection; NRMCA batch plant inspections; locating structure reinforcement in slabs and walls; asphalt and concrete mixture analysis. Specialty Services Ground’s specialty services include construction management; certified building inspection; pavement evaluation/pavement management; crosshole sonic logging (CSL); sonic echo testing; pile static load testing; pile driving analysis (PDA); falling weight deflection (FWD); ground penetrating radar (GPR); property condition assessments; vibration monitoring; holiday (continuity) testing; geotechnical instrumentation; geothermal consultation Laboratory Services Ground’s in-house laboratory services are accredited and comprise of state-of-the-art equipment; extensive personnel certification and training, internal quality control and 15+ on-site mobile laboratories. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [13] SAMPLE PROJECTS Sample Project #1 Eagle County Airport SRE Facility - Gypsum, Colorado Owner: Eagle County Airport Contractor: FCI Constructors The Eagle County Airport SRE Facility is a new facility primarily for the storage and maintenance of the airport’s fleet of snow removal equipment and consists of the following program elements: • Over 22,000 square feet of high bay, clear span vehicle storage with two service bays, one wash bay, tools and parts storage and electrical repair room. • Administration Wing housing over 3,650 square feet of office space, training room, locker room, archive room, break room, public and private bathrooms and support spaces. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [14] Although the facility’s purpose is primarily that of a utilitarian structure, it has many quality design features that make the project both aesthetically pleasing and very functional. One design objective was to design the large-scale structure in a way that it would not compete with, or detract attention from, the main airport terminal building. The solution was to use the smaller volume rooms to reduce the scale of the larger vehicle storage space and to reduce the mass to a more human scale. Materials and colors were selected to blend with the natural terrain in the distance, that serves as the backdrop to the airport, to make the structure less conspicuous. Cost saving innovations addressed the cost of construction and the long-term operation of the facility. • A pre-engineered metal building system was used to reduce the cost of the large-volume clear-span vehicle storage space. • The entire facility is well insulated, beyond code minimums, to maintain more constant temperatures and reduce heating and cooling operational costs. • Natural light is incorporated into most spaces, including the vehicle storage bays, to reduce the operational cost of artificial lighting. • Instead of heating the vehicle storage space through radiant or forced air systems, which would have been more expensive and less effective in melting the snow and ice off of the vehicles, a system of gas-fired infrared heaters was installed. • The size of the garage doors were maintained within the functional sizes of insulated sectional doors to allow their use instead of more expensive rolling or fabric garage doors. • Regional materials were specified wherever possible to minimize freight costs and potential problems with availability. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [15] Sample Project #2 E agle County Facilities Workshop Building - Gypsum, Colorado Owner: Eagle County Contractor: FCI Constructors The Eagle County Facilities Workshop Building is part of Eagle County’s Maintenance Service Center campus in Gypsum. The building houses the Facilities Department’s vehicle fleet, provide storage space for miscellaneous items, equipment and tools; a new workshop; and a crew room, office, and support spaces for its staff. • Over 8,000 square feet of high bay, clear span vehicle storage • 2,000 square feet of miscellaneous storage space • 2,000 square feet of workshop and materials and tools storage space • 1,400 square feet of crew room, office, locker room and toilet rooms To meet the budget, without compromise to the required building area and energy efficiency requirements, the design makes efficient use of a pre-engineered metal building system and houses all functions within the envelope of the same building type. To enhance the energy performance of the structure, the building was sited to optimize the solar orientation for a 60 kw photovoltaic solar array on the roof. A waste-oil heater will be used to heat the vehicle and miscellaneous storage space while providing a use for the waste-oil generated by the bus maintenance facility in the adjoining building. High levels of insulation, natural lighting through translucent fiberglass panels, natural ventilation and LED lighting throughout complete the energy saving features of the project. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [16] Sample Project #3 Eagle County Materials Recovery Facility - Wolcott, Colorado Owner: Eagle County Contractor: Shaw Construction The Eagle County Materials Recovery Facility was designed as a new facility for the county’s recycling operations. The building was designed from the inside out around a sophisticated system of sorting equipment, conveyors and baling machinery. Full architectural and engineering services were provided for the 14,000 square foot recycling space and 1,000 square foot office/support space. The structure was designed to accommodate recycling trucks, loaders, and other large vehicles within the large processing space. Special design features included using energy conserving building components to define the exterior character of the building. A solar wall (passive system of collecting warm air through perforated metal panels) defined the south façade of the building and was used to funnel tempered/warm air into the large processing space. Translucent insulated fiberglass panels were used on south, west and north walls to fill the processing space with natural light and used as an organizing element for the exterior façades. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [17] Cost saving strategies, developed closely with the general contractor (Shaw Construction) focused on the initial cost of construction and reducing the operating expenses of the completed facility through energy conservation devices. • Use of the county’s adjoining landfill equipment operators and excavating equipment to self perform the rough excavation work. • Use of discarded broken concrete curb and gutter, salvaged from the landfill, as rip-rap material for the drainage swales and features. • Use of recycled asphalt product from a nearby county repaving project for some of the site paving. • Use of a segmental retaining wall system instead of poured-in-place concrete walls for site retaining walls that were not part of the building. • Use of a pre-engineered metal building as the most cost effective building system to achieve the high-volume 140’ clear-span structure. • Instead of heating the entire processing space, which would loose much of its heat through the large garage door openings, only the dedicated areas for workers were conditioned through the use of electric infrared heaters (no natural gas is available at the site). • To passively, with exception of a fan, temper the outside air required for the processing space, a solar wall was installed on the large south facing wall of the building. The warmer air collected in the solar wall is distributed through the processing space via a large fan connected to a soft duct. • A lighting control system automatically turns on/off and dims/brightens the artificial lighting of the processing space by constantly monitoring the levels of natural light in the space. • Since the site is not connected to a water system, a waterless urinal was used in the toilet room to reduce the amount of water that is trucked to the water storage tank. • To keep the size of the fire suppression system pump to a minimum, and to protect the water from freezing, the two 25,000 gallon water storage tanks were set into the hillside above the building. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [18] Sample Project #4 Eagle County Main Government Building Offices Remodel- Town of Eagle Owner: Eagle County Contractor: Various Menendez Architects pc has designed numerous remodels for different county departments, including County Attorney, Administration, Clerk and Recorder, IT, Communications, Human Services, Treasurer and Assessor, totaling approximately 9,400 square feet of space within the main government building. The scope of work included Programming (meetings with each department head and personnel, to establish project goals and specific requirements), Design Phases, Construction Documents, Bidding and Construction Phase Services. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [19] Sample Project #5 Pitkin County SWC Operations & Maintenance Building – Snowmass Owner: Pitkin County Contractor: Shaw Construction The Pitkin County Solid Waste Center Operations & Maintenance Building is currently under construction. The building will house the Solid Waste Center’s vehicle fleet; provide a vehicle maintenance garage; storage space; and a crew room, office, and support spaces for its staff. • 6,300 square feet of high bay, clear span vehicle maintenance garage • 7,000 square feet of high bay, clear span vehicle storage • 1,550 square feet of miscellaneous storage space • 700 square feet of mechanical space • 1,300 square feet of crew room, office, locker room and toilet rooms DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [20] D | SCHEDULE Schedule: Menendez Architects pc and its consulting engineers have the personnel available and systems in place to deliver projects within reasonable time frames. MA pc has demonstrated on every Eagle County project it has produced to date its ability to undertake assignments and deliver exceptional service in a timely fashion. Our Project Team is dedicated to providing the highest level of service and technical expertise to the County. Our commitment means that we will not accept any work for the proposed staff, after we are selected, that would hinder our performance on this important contract. ECO Transit Leadville Bus Storage Facility DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [21] E | BUDGET/PRICING Fee Schedule Menendez Architects pc offers competitive architectural fees to Eagle County as outlined below: LABOR CATEGORY HOURLY RATE MENENDEZ ARCHITECTS P.C. Principal (Luis A. Menendez) $135 Architectural Designer $105 Architectural Staff Level 2 $97 Architectural Staff Level 1 $80 CIVIL ENGINEERING CONSULTANT Principal (Tom Marcin) $198.40 Licensed Engineer $120 Project Engineer/Surveyor $105.60 Design Engineer $86.40 Senior Survey Technician $86.40 Survey/Engineering Technician $70.40 Office Technician $54 Survey Crew $166.40 MEP ENGINEERING CONSULTANT Principal (Stan Humphries) $125 Senior Project Engineer $100 Project Engineer $85 Designer $75 STRUCTURAL ENGINEERING CONSULTANT Principal (Adolfo Gorra) $135 Project Manager $112 Project Engineer $102 Structural Tech/Drafting $95 Administrative $60 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Truck Mounted Drill Rig with 2-Man Crew • Principal Engineer (hourly)$215 • Solid Stem Auger (hourly)$150.00 • Senior Project Manager, Engineer, Geologist (hourly)$175 • Hollow Stem Auger (hourly)$170.00 • Project Engineer, Geologist (hourly) • Wireline Coring $225.00 • Project Manager • ODEX, Rotary Drilling $225.00 • Field / Staff Engineer (hourly)$105 Track Mounted, All-Terrain, Limited Access Drill Rigs, Quote • CAD Technician (hourly)$85 & Drill Rig Support Equipment • Water Truck, Support Truck, Hydro-Vac Truck (daily)$250 - $500 Excavator / Backhoe Quote • Mobilization Quote Standby Time Hourly Rate • Per Diem / M & IE GSA Rates • Equipment Rental Cost + 20%• Environmental Drilling, Sampling, Analysis Quote • Outside Laboratory Services Quote • Personal Protective Equipment (PPE)Quote • Out-of-town living expenses, commercial travel costs, equipment rental, etc. Quote • Vibration Monitoring/Geotechnical Instrumentation Services, Thermal Conductivity and Resistivity Quote Quote Natural Density and Moisture Content $15.00 Permeability Atterberg Limit $65.00 a. Falling or Constant Head, 2-4" Diameter $250.00 Specific Gravity $65.00 b. Triaxial Permeability $375.00 Relative Density $200.00 Time-Consolidation $400.00 Gradation Analysis California Bearing Ratio, 1-Point $150.00 a. All Standard Sieve to #200 Sieve $60.00 California Bearing Ratio, 3-Point $350.00 b. Percent Less Than #200 Sieve $35.00 "R" Value $350.00 c. Gradation with Hydrometer $135.00 Resilient Modulus (per point) $750.00 Swell-Consolidation $75.00 Los Angeles Abrasion Test $150.00 Soil Suction $60.00 Soil Stabilization Mixture Analysis $3,500.00 Proctor - Compaction $110.00 Soundness (Sodium) $300.00 Unconfined Compressive Strength Fractured Faces Test $60.00 a. Soil $45.00 Flat or Elongated Particles $60.00 b. Rock Quote Corrosivity Testing Direct Shear (3-Point) a. Water-Soluble Sulfates $50.00 a. Quick Test $500.00 b. pH Test $50.00 b. Consolidated-Drained $650.00 c. Reduction/Oxidation Potential (Redox) $40.00 c. Consolidated-Drained - CH Soil Quote d. Sulfide Content $50.00 Triaxial Shear e. Soil Resistivity (Direct Measurement Method) $40.00 a. Unconsolidated-Undrained (Quick Test) $600.00 f. Soil Resistivity (Soil Box Method) $95.00 b. Consolidated-Undrained (R-Test) Quote Organic Content $65.00 c. Consolidated-Drained (S-Test) Quote 3E1 MISCELLANEOUS LABORATORY TESTING FEE SCHEDULE - ENGINEERING SERVICES FIELD INVESTIGATION ENGINEERING • Special Consultation/Expert Testimony and Court Appearance • Pile Dynamic Analysis, Ground Penetrating Radar, Cross Hole Sonic Logging, Sonic Echo, Falling Weight Deflectometer Quote All Engineering Services require a project-specific proposal • Retaining Wall Design, Shoring Design, Seepage Analysis, Slope Stability Analysis $140 Quote $120 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 MATERIAL TESTING AND SPECIAL INSPECTION MANAGEMENT AND ENGINEERING (Time is round trip from office to project site and return) • Concrete and Asphalt Testing (hourly)$55.00 • Project Management-Review/Supervision (hourly)$105.00 • Soil Testing (hourly)$55.00 • Senior Project Engineer/Geologist (hourly)$175.00 • Rebar, Masonry, Post Tension, Piers (hourly)$60.00 • Project Engineer/Geologist (hourly)$140.00 • Floor Flatness (hourly)$75.00 • Staff Engineer/Geologist (hourly)$105.00 • Wastewater Pipe Inspection (hourly)$75.00 • Open Hole (hourly)$95.00 • Coring and Concrete Humidity/Moisture (hourly)$75.00 • Principal Engineer, Senior Project Manager Quote • Certified Welding Inspector (CWI) (hourly)$80.00 • Overtime (Over 8hrs/day, weekends, after 6pm) • Certified Building Inspector (hourly)$80.00 • Trip Charge (covers vehicle and equipment)$0.00 • Certified Fire Stop Inspector (hourly)$95.00 • Interest charged after 30 days from invoice date 1.5% (These units are on a project by project basis and will only apply as detailed in the proposal) • Construction Management, Civil Inspection Quote • Mobile Laboratory Quote • Quality Management Quote • Outside Laboratory Services Quote • Out-of-town living expenses, commercial travel costs, equipment rental, etc.Quote • Vibration Monitoring/Geotechnical Instrumentation Services, Thermal Conductivity and Resistivity Quote • Pile Dynamic Analysis, Ground Penetrating Radar, Cross Hole Sonic Logging, Sonic Echo, Falling Weight Deflectometer Quote Soil and Aggregate Concrete Proctor Compaction $110.00 Concrete Compression Test, Cylinders (each) $14.00 Atterberg Limit $65.00 Concrete Comp. St. Cylinders (high strength concrete) $75.00 Gradation $60.00 Compressive Strength-CLSM Cylinders $20.00 No. 200 Wash $35.00 Concrete Flexural Test, Beams $55.00 Gradation and Hydrometer $135.00 Maturity Data Logger (each) $95.00 Specific Gravity of Fine Aggregate $65.00 Moisture Coupons (each)$95.00 Natural Density and Moisture Content $15.00 Relative Humidity Sensors (ASTM F2170) (each) $95.00 “R”-Value $350.00 Shotcrete Comp. Str. (per panel) $225.00 Soil Cement Proctor $150.00 Maturity Meter Strength Correlation $3,000.00 Unconfined Comp. Str.-Soil Stab. (per set) $250.00 Concrete Mix Trial Blend $4,000.00 pH Test $50.00 Asphalt Water Soluble Sulfates Test $50.00 AC Content and Extracted Gradation $160.00 Triaxial Permeability $375.00 Sp.G.(SSD), Stability, Flow (Marshall) (per test) $350.00 Alkali Silica Reactivity (to 28 days) $450.00 $250.00 Denver Swell $75.00 Theoretical Maximum Specific Gravity $100.00 Direct Shear $500.00 Modified Lottman (TSR) $325.00 Sand Equivalent $95.00 Ignition Oven Calibration $225.00 Relative Density $200.00 Specific Gravity (SSD) and Voids (per Core) $40.00 Clay Lumps and Friable Particles $45.00 Coring-Asphalt (Dia. (in.) X Depth (in.) X No. cores) $1.50 Flat or Elongated Particles $60.00 Stability (Gyratory) $105.00 Sulfate Soundness $300.00 Asphalt Moisture Content $15.00 Fractured Faces Test $60.00 Micro Deval $175.00 Los Angeles Abrasion Test $150.00 Masonry Uncompacted Voids Test $95.00 Mortar Compressive Strength $20.00 Specific Gravity of Coarse Aggregate $95.00 Masonry Prism Comp. Strength $95.00 Soil Stabilization Mixture Analysis $3,500.00 Grout Compressive Strength $30.00 Compressive Strength CMU/Brick Coupon $50.00 3Q_15 -3C1_0 MISCELLANEOUS LABORATORY TESTING FEE SCHEDULE - CONSTRUCTION SERVICES rate + $15.00 Specific Gravity (SSD) and Voids (Gyratory) (per test) DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [24] Reimbursable Expenses: In addition to the Architectural Personnel Hourly Fees, the Architect would be reimbursed 1.1 times the actual cost for the following out-of-pocket expenses, necessarily incurred: 1. Transportation and living expenses in connection with out-of-town travel as authorized by Owner. 2. Delivery, messengers and courier services. 3. Expenses of printing, photography and other forms of reproductions of drawings and documents. 4. Fees paid for all necessary approvals and permits from all governing authorities. 5. Costs of models and mock-ups requested by the Owner. 6. Costs of Renderings requested by the Owner. 7. Services of consulting engineers and other consultants as required for the project. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [25] F | FAMILIARITY WITH EAGLE COUNTY As the current “On-Call” architectural firm for Eagle County, Menendez Architects pc has had the privilege of working on numerous projects for various departments of the County. We have developed relationships with all members of the Facilities Department as well as other department officials including Administration, Airport, County Attorney, Communications, Coroner, Animal Services, ECO Transit, Assessor, Treasurer, Clerk & Recorder, Human Services, Housing and Solid Waste/Recycling. Luis Menendez values the professionalism and enjoys working with Eagle County’s project managers and Facilities Department personnel. Luis believes he has an excellent working relationship with the project managers based on mutual respect and trust. The civil, mechanical, plumbing and electrical engineering consultants of our team are all based and live in Eagle County. Menendez Architects pc, while based in Pitkin County, is conveniently located near the El Jebel/Basalt portion of Eagle County. In the past, the proximity of MA pc to El Jebel/Basalt has been very convenient for Project Managers of Eagle County tending to business in this area. In addition to completing projects under the jurisdiction of Eagle County, Menendez Architects pc has undertaken projects under the jurisdiction of other municipalities within Eagle County including the Town of Gypsum and the Town of Eagle. Recent works for Eagle County include the following: • Eagle County Materials Recovery Facility in Wolcott. • Eagle County Airport Snow Removal Equipment Facility. • Addition and remodel of the Women’s Bathroom and Storage Room at Eagle Airport. • ECO Transit Leadville Bus Storage Facility. • Design for expansion of the Miller Ranch Child Care Facility. • Roof repair project of the El Jebel Community Center. • Gypsum Early Learning Center. • Eagle Old Courthouse Remodel. • Conceptual Design for the International Terminal for the Eagle Airport. • Schematic Design for the Eagle River Regional Park Kitchen and Dining Hall. • Design for drainage improvement to the Road and Bridge Facility in Gypsum. • Feasibility study to expand the kitchen and provide dining facilities at the El Jebel Community Center. • Report for class action suit regarding Entran II tubing in government campus buildings. • Remodel of offices of several of Eagle County’s departments. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [26] G | REFERENCES Mr. Rick Ullom Facilities Director Eagle County Telephone: 970-328-8780 Ms. Cathy Hall Solid Waste Manager Pitkin County Telephone: 970-429-2882 Mr. Brian Pettet Public Works Director Pitkin County Telephone: 970-920-5392 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [27] H | LEGAL ISSUES There are no Federal, State or Local tax liens against Menendez Architects pc. There is one current claim that has been filed against Menendez Architects. Menendez Architects provided architectural and engineering services on a residential remodel project in which the owner is suing the general contractor. As a result, Menendez Architects has been drawn into the suit. Other than the aforementioned claim, there have been no other professional liability claims ever filed against Menendez Architects pc. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [28] I | GENERAL APPROACH TO THE PROJECT Menendez Architects pc will lead the Architectural and Engineering design team. MApc, and its consulting engineers, will combine their previous practical experience in a variety of different project types, with knowledge of local codes to design and implement solutions specific to the functional requirements of the program and local conditions. MApc will implement a comprehensive approach to all projects that encompasses evaluating existing conditions; needs assessment; operational strategies; programming; and building/improvements design. Menendez Architect’s organizational approach to Eagle County projects will be the tried and true system we use successfully on most of our projects. Our office layout is a reflection of this organizational approach and project management style. The office is an open plan environment where all team members, including the principal, work in close proximity to each other and are able to easily interact and exchange thoughts and ideas. It is an environment that facilitates collaboration and quick resolution of issues. Our studio is not divided into different departments of design and production. The same team of professionals will work on the project from its inception to completion. This creates a continuity of staff involvement and in-depth knowledge of the project by most team members. A key management function at our firm is the involvement of the Project Architect in the production of all phases of the work. Especially with construction documents, this hands- on approach by the Project Architect greatly reduces the probability of errors and omissions on documents. Additionally, it places the main decision making person within easy reach of all others working on the project, resulting in a quicker turn-around of information. Our firm creates single source accountability by assigning a point person to each project. All communication and coordination is through the project point person. With exception of renderings and models Menendez Architects pc does not outsource its work. All architectural work is produced in-house and closely coordinated throughout all phases of design and construction documents. All of Menendez Architects’ workstations are equipped with current computer hardware and software tools for the production of high quality documents. Drawing formats are compatible with consultant’s formats for efficient exchange of information. Luis Menendez’s vast experience in architecture and construction makes him exceptionally suited for coordinating work produced by consultants with the architectural documents. General contractors frequently compliment Menendez Architects on the quality of their construction documents and have become Menendez Architect’s primary source of referrals. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services [29] Frequent communication, and the use of project management tools, allows us to collaborate directly with our consultants and the County on project milestones and progress. The following principles summarize strategies we plan to implement during the development of each component of each project: 1. Define roles and scope of work for each team member, including consultants and County representatives. 2. Schedule the work in detail. 3. Establish method of information exchange. Ensure all team members are informed through email, meeting notes, task lists and memos. Update schedules and other documents and redistribute as they change. Hold periodic work sessions with County representatives. 4. Establish goals of the planning and programming process. 5. Establish energy conservation and building performance goals for the project, including extent of sustainable building practices. 6. Visit the site and hold discussions with key project personnel to gain understanding of operations and functional requirements of the facility. 7. Following the investigation phase of the project a detailed Program of the project will be created. The Program will serve as the tool for making most decisions. 8. If applicable, review construction documents of existing buildings and document existing conditions. 9. Evaluate adequacy of existing MEP systems. 10. Outline governing codes and regulations. 11. Review and confirm all land use approvals for proposed expansion are in place. Evaluate impact on schedule if any necessary land use approval has not been secured. 12. Assist the County in its responsibility of obtaining necessary survey information. 13. Obtain approvals from County representatives following each phase of the work. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services Architectural & Engineering Fee Schedule LABOR CATEGORY HOURLY RATE MENENDEZ ARCHITECTS P.C. Principal (Luis A. Menendez) $135 Architectural Designer $105 Architectural Staff Level 2 $97 Architectural Staff Level 1 $80 CIVIL ENGINEERING CONSULTANT Principal (Tom Marcin) $198.40 Licensed Engineer $120 Project Engineer/Surveyor $105.60 Design Engineer $86.40 Senior Survey Technician $86.40 Survey/Engineering Technician $70.40 Office Technician $54 Survey Crew $166.40 MEP ENGINEERING CONSULTANT Principal (Stan Humphries) $125 Senior Project Engineer $100 Project Engineer $85 Designer $75 STRUCTURAL ENGINEERING CONSULTANT Principal (Adolfo Gorra) $135 Project Manager $112 Project Engineer $102 Structural Tech/Drafting $95 Administrative $60 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Truck Mounted Drill Rig with 2-Man Crew • Principal Engineer (hourly)$215 • Solid Stem Auger (hourly)$150.00 • Senior Project Manager, Engineer, Geologist (hourly)$175 • Hollow Stem Auger (hourly)$170.00 • Project Engineer, Geologist (hourly) • Wireline Coring $225.00 • Project Manager • ODEX, Rotary Drilling $225.00 • Field / Staff Engineer (hourly)$105 Track Mounted, All-Terrain, Limited Access Drill Rigs, Quote • CAD Technician (hourly)$85 & Drill Rig Support Equipment • Water Truck, Support Truck, Hydro-Vac Truck (daily)$250 - $500 Excavator / Backhoe Quote • Mobilization Quote Standby Time Hourly Rate • Per Diem / M & IE GSA Rates • Equipment Rental Cost + 20%• Environmental Drilling, Sampling, Analysis Quote • Outside Laboratory Services Quote • Personal Protective Equipment (PPE)Quote • Out-of-town living expenses, commercial travel costs, equipment rental, etc. Quote • Vibration Monitoring/Geotechnical Instrumentation Services, Thermal Conductivity and Resistivity Quote Quote Natural Density and Moisture Content $15.00 Permeability Atterberg Limit $65.00 a. Falling or Constant Head, 2-4" Diameter $250.00 Specific Gravity $65.00 b. Triaxial Permeability $375.00 Relative Density $200.00 Time-Consolidation $400.00 Gradation Analysis California Bearing Ratio, 1-Point $150.00 a. All Standard Sieve to #200 Sieve $60.00 California Bearing Ratio, 3-Point $350.00 b. Percent Less Than #200 Sieve $35.00 "R" Value $350.00 c. Gradation with Hydrometer $135.00 Resilient Modulus (per point) $750.00 Swell-Consolidation $75.00 Los Angeles Abrasion Test $150.00 Soil Suction $60.00 Soil Stabilization Mixture Analysis $3,500.00 Proctor - Compaction $110.00 Soundness (Sodium) $300.00 Unconfined Compressive Strength Fractured Faces Test $60.00 a. Soil $45.00 Flat or Elongated Particles $60.00 b. Rock Quote Corrosivity Testing Direct Shear (3-Point) a. Water-Soluble Sulfates $50.00 a. Quick Test $500.00 b. pH Test $50.00 b. Consolidated-Drained $650.00 c. Reduction/Oxidation Potential (Redox) $40.00 c. Consolidated-Drained - CH Soil Quote d. Sulfide Content $50.00 Triaxial Shear e. Soil Resistivity (Direct Measurement Method) $40.00 a. Unconsolidated-Undrained (Quick Test) $600.00 f. Soil Resistivity (Soil Box Method) $95.00 b. Consolidated-Undrained (R-Test) Quote Organic Content $65.00 c. Consolidated-Drained (S-Test) Quote 3E1 MISCELLANEOUS LABORATORY TESTING FEE SCHEDULE - ENGINEERING SERVICES FIELD INVESTIGATION ENGINEERING • Special Consultation/Expert Testimony and Court Appearance • Pile Dynamic Analysis, Ground Penetrating Radar, Cross Hole Sonic Logging, Sonic Echo, Falling Weight Deflectometer Quote All Engineering Services require a project-specific proposal • Retaining Wall Design, Shoring Design, Seepage Analysis, Slope Stability Analysis $140 Quote $120 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 MATERIAL TESTING AND SPECIAL INSPECTION MANAGEMENT AND ENGINEERING (Time is round trip from office to project site and return) • Concrete and Asphalt Testing (hourly)$55.00 • Project Management-Review/Supervision (hourly)$105.00 • Soil Testing (hourly)$55.00 • Senior Project Engineer/Geologist (hourly)$175.00 • Rebar, Masonry, Post Tension, Piers (hourly)$60.00 • Project Engineer/Geologist (hourly)$140.00 • Floor Flatness (hourly)$75.00 • Staff Engineer/Geologist (hourly)$105.00 • Wastewater Pipe Inspection (hourly)$75.00 • Open Hole (hourly)$95.00 • Coring and Concrete Humidity/Moisture (hourly)$75.00 • Principal Engineer, Senior Project Manager Quote • Certified Welding Inspector (CWI) (hourly)$80.00 • Overtime (Over 8hrs/day, weekends, after 6pm) • Certified Building Inspector (hourly)$80.00 • Trip Charge (covers vehicle and equipment)$0.00 • Certified Fire Stop Inspector (hourly)$95.00 • Interest charged after 30 days from invoice date 1.5% (These units are on a project by project basis and will only apply as detailed in the proposal) • Construction Management, Civil Inspection Quote • Mobile Laboratory Quote • Quality Management Quote • Outside Laboratory Services Quote • Out-of-town living expenses, commercial travel costs, equipment rental, etc.Quote • Vibration Monitoring/Geotechnical Instrumentation Services, Thermal Conductivity and Resistivity Quote • Pile Dynamic Analysis, Ground Penetrating Radar, Cross Hole Sonic Logging, Sonic Echo, Falling Weight Deflectometer Quote Soil and Aggregate Concrete Proctor Compaction $110.00 Concrete Compression Test, Cylinders (each) $14.00 Atterberg Limit $65.00 Concrete Comp. St. Cylinders (high strength concrete) $75.00 Gradation $60.00 Compressive Strength-CLSM Cylinders $20.00 No. 200 Wash $35.00 Concrete Flexural Test, Beams $55.00 Gradation and Hydrometer $135.00 Maturity Data Logger (each) $95.00 Specific Gravity of Fine Aggregate $65.00 Moisture Coupons (each)$95.00 Natural Density and Moisture Content $15.00 Relative Humidity Sensors (ASTM F2170) (each) $95.00 “R”-Value $350.00 Shotcrete Comp. Str. (per panel) $225.00 Soil Cement Proctor $150.00 Maturity Meter Strength Correlation $3,000.00 Unconfined Comp. Str.-Soil Stab. (per set) $250.00 Concrete Mix Trial Blend $4,000.00 pH Test $50.00 Asphalt Water Soluble Sulfates Test $50.00 AC Content and Extracted Gradation $160.00 Triaxial Permeability $375.00 Sp.G.(SSD), Stability, Flow (Marshall) (per test) $350.00 Alkali Silica Reactivity (to 28 days) $450.00 $250.00 Denver Swell $75.00 Theoretical Maximum Specific Gravity $100.00 Direct Shear $500.00 Modified Lottman (TSR) $325.00 Sand Equivalent $95.00 Ignition Oven Calibration $225.00 Relative Density $200.00 Specific Gravity (SSD) and Voids (per Core) $40.00 Clay Lumps and Friable Particles $45.00 Coring-Asphalt (Dia. (in.) X Depth (in.) X No. cores) $1.50 Flat or Elongated Particles $60.00 Stability (Gyratory) $105.00 Sulfate Soundness $300.00 Asphalt Moisture Content $15.00 Fractured Faces Test $60.00 Micro Deval $175.00 Los Angeles Abrasion Test $150.00 Masonry Uncompacted Voids Test $95.00 Mortar Compressive Strength $20.00 Specific Gravity of Coarse Aggregate $95.00 Masonry Prism Comp. Strength $95.00 Soil Stabilization Mixture Analysis $3,500.00 Grout Compressive Strength $30.00 Compressive Strength CMU/Brick Coupon $50.00 3Q_15 -3C1_0 MISCELLANEOUS LABORATORY TESTING FEE SCHEDULE - CONSTRUCTION SERVICES rate + $15.00 Specific Gravity (SSD) and Voids (Gyratory) (per test) DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 Eagle County On-Call Architectural and Engineering Services Reimbursable Expenses: In addition to the Architectural Personnel Hourly Fees, the Architect would be reimbursed 1.1 times the actual cost for the following out-of-pocket expenses, necessarily incurred: 1. Transportation and living expenses in connection with out-of-town travel as authorized by Owner. 2. Delivery, messengers and courier services. 3. Expenses of printing, photography and other forms of reproductions of drawings and documents. 4. Fees paid for all necessary approvals and permits from all governing authorities. 5. Costs of models and mock-ups requested by the Owner. 6. Costs of Renderings requested by the Owner. 7. Services of consulting engineers and other consultants as required for the project. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 12 Eagle County Prof Services Final 5/14 EXHIBIT B Insurance Certificate DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Hartford Casualty Insurance Company Sentinel Insurance Company Ltd. XL Specialty Insurance Company 9/10/2020 USI Insurance Services, LLC P.O. Box 7050 Englewood, CO 80155 800 873-8500 800 873-8500 Menendez Architects, P.C. P.O. Box 8036 715 W. Main Street, Suite 104 Aspen, CO 81612 29424 11000 37885 A X X X 34SBWRV9024 09/01/2020 09/01/2021 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A X X 34SBWRV9024 09/01/2020 09/01/2021 1,000,000 A X X X 10000 34SBWRV9024 09/01/2020 09/01/2021 2,000,000 2,000,000 B Y 34WEGIN3844 09/01/2020 09/01/2021 X 1,000,000 1,000,000 1,000,000 C Professional Liability Claims Made DPR9965614 09/01/2020 09/01/2021 $1,000,000 per claim $2,000,000 annl aggr. As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insureds under Umbrella/Excess Liability but only with respect to liability arising out of the Named Insured work performed on behalf of the certificate holder and owner. (See Attached Descriptions) City of Aspen City Attorney's Office 130 South Galena St. Aspen, CO 81611 1 of 2 #S29816349/M29815678 MENENARCClient#: 1086684 PPKZP 1 of 2 #S29816349/M29815678 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) The General Liability, Automobile Liability, Umbrella/Excess insurance applies on a primary and non contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella/Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. Please note that Additional Insured status does not apply to Professional Liability or Workers' Compensation. Partner/Officer WC Exclusion: Luis A. Menendez. 2 of 2 #S29816349/M29815678 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Hartford Casualty Insurance Company Sentinel Insurance Company Ltd. XL Specialty Insurance Company 9/10/2020 USI Insurance Services, LLC P.O. Box 7050 Englewood, CO 80155 800 873-8500 800 873-8500 Menendez Architects, P.C. P.O. Box 8036 715 W. Main Street, Suite 104 Aspen, CO 81612 29424 11000 37885 A X X X 34SBWRV9024 09/01/2020 09/01/2021 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A X X 34SBWRV9024 09/01/2020 09/01/2021 1,000,000 A X X X 10000 34SBWRV9024 09/01/2020 09/01/2021 2,000,000 2,000,000 B Y 34WEGIN3844 09/01/2020 09/01/2021 X 1,000,000 1,000,000 1,000,000 C Professional Liability Claims Made DPR9965614 09/01/2020 09/01/2021 $1,000,000 per claim $2,000,000 annl aggr. As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insureds under Umbrella/Excess Liability but only with respect to liability arising out of the Named Insured work performed on behalf of the certificate holder and owner. (See Attached Descriptions) Eagle County Government Project Management Dept PO Box 850 Attn: Kristin Degenhardt Eagle, CO 81631-0850 1 of 2 #S29816339/M29815704 MENENARCClient#: 1086684 PPKZP 1 of 2 #S29816339/M29815704 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) The General Liability, Automobile Liability, Umbrella/Excess insurance applies on a primary and non contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella/Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. Please note that Additional Insured status does not apply to Professional Liability or Workers' Compensation. Partner/Officer WC Exclusion: Luis A. Menendez. Additional Insured: Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers. 2 of 2 #S29816339/M29815704 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 08/16/14 10/15/15 34 WEG IP9292 10/15/14 REDLAND CONSULTING GROUP, INC. 8000 S LINCOLN ST, STE 206 LITTLETON, CO 80122 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS’ COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number: Endorsement Number: Effective Date:Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: INDEX SUBJECT PAGE SUBJECT PAGE SECTION I 2 B. Part One Does Not Apply 3 2 C. Application of Coverage 3PARTS ONE and TWO 2 D. Additional Exclusions 301 We Will Also Pay 2 E. West Virginia 3PART - THREE 2 EXTENDED OPTIONS 402 How This Insurance Works 2401 Employers’ Liability InsurancePART - SIX 2402 Unintentional Failure to Disclose03 Transfer of Your Rights and Duties 2 Hazards04 Liberalization 2403 Waiver of Our Right to Recover fromSECTION II 2 OthersVOLUNTARY COMPENSATION INSURANCE 404 Foreign Voluntary Compensation05 Voluntary Compensation Insurance 24A. How This Reimbursement AppliesA. How This Insurance Applies 24B. We Will ReimburseB. We Will Pay 34C. ExclusionsC. Exclusions 35D. Before We PayD. Before We Pay 35E. Recovery From OthersE. Recovery From Others 35F. Reimbursement For Actual LossF. Employers’ Liability Insurance 3 SustainedEMPLOYERS’ LIABILITY STOP GAP 35G. RepatriationENDORSEMENT 5H. Endemic Disease06 Employers’ Liability Stop Gap 3505 Longshore and Harbor Workers’Coverage Compensation Act CoverageA. Stop Gap Coverage Limited to 3 EndorsementMontana, North Dakota, Ohio, 6SECTION IIIWashington, West Virginia and 601 Schedule of Covered StatesWyoming Form WC 99 03 03 B Page 1 of 6Printed in U.S.A. (Ed. 8/00) Process Date: Policy Expiration Date: ______ _________ ______ _________ ______ © 2000, The Hartford DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 SECTION I PARTS ONE and TWO PART THREE 2. How This Insurance Applies1. WE WILL ALSO PAY 4. A. How This Insurance AppliesParagraph ofD. We Will Also Pay Part Oneof (WORKERS’ Part 3of (Other States Insurance) is replaced byCOMPENSATION INSURANCE); and the following:E. We Will Also Pay Part Twoof (EMPLOYERS’ 4. If you have work on the effective date of thisLIABILITY INSURANCE) is replaced by the policy in any state not listed in Item 3.A. of thefollowing: Information Page, coverage will not be We Will Also Pay afforded for that state unless we are notified We will also pay these costs, in addition to sixtywithin days. other amounts payable under this insurance, as part of any claim, proceeding, or suit we PART SIX defend:3. Transfer Of Your Rights and Duties 1. reasonable expenses incurred at our C. Transfer Of Your Rights and Duties Part 6ofINCLUDINGrequest, loss of earnings; (Conditions) is replaced by the following: 2. premiums for bonds to release Your rights or duties under this policy may notattachments and for appeal bonds in bond be transferred without our written consent.amounts up to the limit of our liability sixtyIf you die and we receive notice withinunder this insurance; days after your death, we will cover your legal3. litigation costs taxed against you; representative as insured. 4. interest on a judgment as required by law 4. Liberalizationuntil we offer the amount due under this law; and If we adopt a change in this form that would broaden the coverage of this form without extra5. expenses we incur. charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. SECTION II VOLUNTARY COMPENSATION AND EMPLOYERS’ 3. The bodily injury must occur in the United States of America, its territories orLIABILITY COVERAGE possessions, or Canada, and may occur5. Voluntary Compensation Insurance elsewhere if the employee is a United A. How This Insurance Applies States or Canadian citizen, or otherwise legal resident, and legally employed, in theThis insurance applies to bodily injury by United States or Canada and temporarilyaccident or bodily injury by disease. Bodily away from those places.injury includes resulting death. 4. Bodily injury by accident must occur1. The bodily injury must be sustained by any during the policy period.officer or employee not subject to the workers’ compensation law of any state 5. Bodily injury by disease must be caused shown in Item 3.A. of the Information or aggravated by the conditions of the Page. 2. The bodily injury must arise out of and in the course of employment or incidental to work in a state shown in Item 3.A. of the Information Page. Form WC 99 03 03 B Page 2 of 6Printed in U.S.A. (Ed. 8/00) DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 officer’s or employee’s employment. The If the persons entitled to the benefits of this officer’s or employee’s last day of last insurance make a recovery from others, they exposure to the conditions causing or must reimburse us for the benefits we paid aggravating such bodily injury by disease them. must occur during the policy period.F. Employers’ Liability Insurance B. We Will Pay Part Two (Employers’ Liability Insurance) We will pay an amount equal to the benefits applies to bodily injury covered by this that would be required of you as if you and endorsement as though the State of your employees were subject to the workers’ Employment was shown in Item 3.A. of the compensation law of any state shown in Item Information Page. 3.A. of the Information Page. We will pay This provision 5. does not apply in New Jersey or those amounts to the persons who would be Wisconsin. entitled to them under the law. EMPLOYERS’ LIABILITY STOP GAP COVERAGE C. Exclusion 6. Employers’ Liability Stop Gap Coverage This insurance does not cover: A. This coverage only applies in Montana, North 1. any obligation imposed by workers’Dakota, Ohio, Washington, West Virginia and compensation or occupational disease law Wyoming. or any similar law. B. Part One (Workers’ Compensation Insurance) 2. bodily injury intentionally caused or does not apply to work in states shown in aggravated by you.Paragraph A above. 3. officers or employees who have elected C. Part Two (Employers’ Liability Insurance) not to be subject to the state workers’applies in the states, shown in Paragraph A., compensation law.as though they were shown in Item 3.A. of the 4. partners or sole proprietors not covered Information Page. under the Standard Sole Proprietors,ExclusionsD. Part Two, Section C. is changed Partners, Officers and Others Coverage by adding these exclusions. Endorsement. This insurance does not cover; D. Before We Pay 5. bodily injury intentionally caused or Before we pay benefits to the persons entitled aggravated by you or in Ohio bodily injury to them, they must:resulting from an act which is determined 1. Release you and us, in writing, of all by an Ohio court of law to have been responsibility for the injury or death.committed by you with the belief than an injury is substantially certain to occur.2. Transfer to us their right to recover from However, the cost of defending suchothers who may be responsible for the claims or suits in Ohio is covered.injury or death. 13. bodily injury sustained by any member of3. Cooperate with us and do everything the flying crew of any aircraft.necessary to enable us to enforce the right to recover from others.14. any claim for bodily injury with respect to which you are deprived of any defense orIf the persons entitled to the benefits of this defenses or are otherwise subject toinsurance fail to do those things, our duty to penalty because of default in premiumpay ends at once. If they claim damages from under the provisions of the workers’you or from us for the injury or death, our duty compensation law or laws of a stateto pay ends at once. shown in Paragraph A.E. Recovery From Others E. This insurance applies to damages for which If we make a recovery from others, we will you are liable under West Virginia Code Annot. keep an amount equal to our expenses of S 23-4-2. recovery and the benefits we paid. We will pay the balance to the persons entitled to it. Form WC 99 03 03 B Page 3 of 6Printed in U.S.A. (Ed. 8/00) DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 EXTENDED OPTIONS 1. Employers’ Liability Insurance 4. Foreign Voluntary Compensation and Employers’ Liability ReimbursementItem 3.B. Information Pageof the is replaced by the following:A. How This Reimbursement Applies B. Employers’ Liability Insurance:This reimbursement provision applies to bodily injury by accident or bodily injury by disease.Part Two1. of the policy applies to work in Bodily injury includes resulting death.each state listed in Item 3.A. 1. The bodily injury must be sustained by an officer or employee.The Limits of Liability under Part Two are 2. The bodily injury must occur in the coursethe higher of: of employment necessary or incidental to work in a country not listed in ExclusionBodily Injury C.1. of this provision.$500,000 Each Accidentby Accident 3. Bodily injury by accident must occur during the policy period.Bodily Injury $500,000 Policy Limitby Disease 4. Bodily injury by disease must be caused or aggravated by the conditions of your Bodily Injury employment. The officer or employee’s $500,000 Each Employee last exposure to those conditions of yourby Disease employment must occur during the policy period.OR B. We Will Reimburse 2. The amount shown in the Information We will reimburse you for all amounts paid by Page.you whether such amounts are: EXTENDED OPTIONSThis provision 1 of does not 1. voluntary payments for the benefits that apply in New York because the Limits Of Our would be required of you if you and your Liability are unlimited.officers or employees were subject to any workers’ compensation law of the state ofIn this provision the limits are changed from hire of the individual employee.$500,000 $1,000,000to in California. 2. sums to which Part Two (Employers’2. Unintentional Failure to Disclose Hazards Liability Insurance) would apply if theIf you unintentionally should fail to disclose all Country of Employment were shown inexisting hazards at the inception date of your Item 3.A. of the Information Page.policy, we shall not deny coverage under this C. Exclusionspolicy because of such failure. This insurance does not cover:3. Waiver of Our Right To Recover From Others 1. any occurrences in the United States,A. We have the right to recover our payments Canada, and any country or jurisdictionfrom anyone liable for an injury covered by this which is the subject of trade or economicpolicy. We will not enforce our right against sanctions imposed by the laws orany person or organization for whom you regulations of the United States ofperform work under a written contract that America in effect as of the inception daterequires you to obtain this agreement from us. of this policy.This agreement shall not operate directly or 2. any obligation imposed by a workers’indirectly to benefit anyone not named in the compensation or occupational diseaseagreement. law, or similar law.B. This provision 3. does not apply in the states 3. bodily injury intentionally caused orof Pennsylvania and Utah. aggravated by you. Form WC 99 03 03 B Page 4 of 6Printed in U.S.A. (Ed. 8/00) DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 4. liability for any consequence, whether of America necessarily incurred as a direct direct or indirect, of war, invasion, act of result of bodily injury. Foreign enemy, hostilities (whether war be Our reimbursement shall be limited as follows: declared or not), civil war, rebellion, 1. to the amount by which such expensesrevolution, insurrection or military or exceed the normal cost of returning theusurped power. No endorsement now or officer or employee if in good health, orsubsequently attached to this policy shall 2. in the event of death, to the amount bybe construed as overriding or waiving this which such expenses exceed the normallimitation unless specific reference is cost of returning the officer or employee ifmade thereto. alive and in good health.D. Before We Pay In no event shall our reimbursement exceedBefore we reimburse you for the benefits to the the bodily injury by accident limit shown inpersons entitled to them, you must have them:Item 3.B. of the Information Page as respects 1. release you and us, in writing, of all any one such officer or employee whether responsibility for the injury or death,dead or alive. 2. transfer to us their right to recover from H. Endemic Disease others who may be responsible for their The word “disease” includes any endemicinjury or death, diseases. 3. cooperate with us and do everything The coverage applies as if endemic diseasesnecessary to enable us to enforce the right were included in the provisions of the workers’to recover from others. compensation law. If the persons entitled to the benefits paid fail 5. Longshore and Harbor Workers’ Compensationto do these things, our duty to reimburse ends Act Coverageat once. If they claim damages from us for the injury or death, our duty to reimburse ends at General Section C. Workers’ Compensation once.Law is replaced by the following: E. Recovery From Others C. Workers’ Compensation Law If we make a recovery from others, we will Workers’ Compensation Law means the keep an amount equal to our expenses of workers or workers’ compensation law and recovery and the benefits we reimbursed. We occupational disease law of each state or will pay the balance to the persons entitled to territory named in Item 3.A. of the Information it. If persons entitled to the benefits make a Page and the Longshore and Harbor Workers’ recovery from others, they must repay us for Compensation Act (33 USC Sections 901- the amounts that we have reimbursed you.950). It includes any amendments to those laws that are in effect during the policy period.F. Reimbursement for Actual Loss Sustained It does not include any other federal workersThis endorsement provides only for or workers’ compensation law, other federalreimbursement for the loss you actually occupational disease law or the provisions ofsustain. In order for you to recover loss or any law that provide nonoccupational disabilityexpenses under this reimbursement you must:benefits. 1. actually sustain and pay the loss or Part Two (Employers’ Liability Insurance), C.expense in money after trial, or Exclusions, exclusion 8, does not apply to 2. secure our consent for the payment of the work subject to the Longshore and Harbor loss or expense.Workers’ Compensation Act. G. Repatriation This coverage does not apply to work subject to the Defense Base Act, the OuterOur reimbursement includes the additional Continental Shelf Lands Act, or theexpenses of repatriation to the United States Nonappropriated Fund Instrumentalities Act. Form WC 99 03 03 B Page 5 of 6Printed in U.S.A. (Ed. 8/00) DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 CO SECTION III 1. SCHEDULE OF COVERED STATES B. If a state, shown in Item 3.A. of the Information Page, approves this endorsement after theA. This endorsement only applies in the states effective date of this policy, this endorsementlisted in this Schedule of Covered States. will apply to this policy. The coverage will apply in the new state on the effective date of the state approval. C. Schedule of Covered States: Countersigned by Authorized Representative Form WC 99 03 03 B Page 6 of 6Printed in U.S.A. (Ed. 8/00) DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005, The Hartford 34SBWRV9024 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 QUICK REF ERENCE BUSINESS LIA BIL ITY CO VERA GE F ORM REA D YOUR PO LICY CAREF ULL Y BUSINESS LIABILITY COVERAGE FORM Beginning on Page A.COVERAGES 1 1Business Liability 2Medical Expenses 2CoverageExtension -Supplementary Payments B.EXCLUSIONS 3 C.WHO IS AN INSURED 10 D.LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E.LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1.15Bankruptcy 2.15DutiesInTheEventOf Occurrence,Offense,Claim Or Suit 3.16FinancialResponsibilityLaws 4.16Legal Action Against Us 5.16SeparationOf Insureds 6.16Representations 7.16OtherInsurance 8.17TransferOf Rights Of Recovery Against Others To Us F.OPTIONAL ADDITIONAL INSURED COVERAGES 18 18AdditionalInsureds G.LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 ABCDEFGHIJ BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words "you"and "your"refer to the Named Insured shown in the Declarations.The words "we", "us"and "our"refer to the stock insurance company member of The Hartford providing this insurance. CTheword "insured" means any person or organization qualifying as such under Section . -Who Is An Insured. GOtherwordsandphrasesthatappearinquotationmarkshavespecialmeaning.Refer to Section .-Liability And Medical Expenses Definitions. (a)The "bodily injury"or "property A.COVERAGES damage"is caused by an 1.BUSINESS LIABILITY COVERAGE (BODILY "occurrence"that takes place in the INJURY,PROPERTY DAMAGE,PERSONAL "coverage territory";AND ADVERTISING INJURY) (b)The "bodily injury"or "propertyInsuringAgreementdamage"occurs during the policy a.We will pay those sums that the insured period; and becomes legally obligated to pay as (c)Prior to the policy period,no insureddamagesbecauseof"bodily injury", 1.listed under Paragraph of Section"property damage"or "personal and C.–Who Is An Insured and noadvertisinginjury"to which this insurance "employee"authorized by you to giveapplies.We will have the right and duty to or receive notice of an "occurrence"defend the insured against any "suit" or claim, knew that the "bodily injury"seeking those damages.However,we will or "property damage"had occurred,have no duty to defend the insured against in whole or in part.If such a listedany"suit"seeking damages for "bodily insured or authorized "employee"injury","property damage"or "personal and knew,prior to the policy period,thatadvertisinginjury"to which this insurance the "bodily injury"or "propertydoesnotapply.damage"occurred,then any We may,at our discretion,investigate any continuation,change or resumption "occurrence"or offense and settle any claim of such "bodily injury"or "property or "suit" that may result. But:damage"during or after the policy period will be deemed to have been(1)The amount we will pay for damages is known prior to the policy period.D.limited as described in Section - (2)To "personal and advertising injury" Liability And Medical Expenses Limits caused by an offense arising out of your Of Insurance; and business,but only if the offense was(2)Our right and duty to defend ends when committed in the "coverage territory" we have used up the applicable limit of during the policy period.insurance in the payment of judgments, c."Bodily injury"or "property damage"will be settlements or medical expenses to which deemed to have been known to have this insurance applies. occurred at the earliest time when any No other obligation or liability to pay sums or 1.insured listed under Paragraph of Section perform acts or services is covered unless C.–Who Is An Insured or any "employee" explicitly provided for under Coverage authorized by you to give or receive noticeExtension-Supplementary Payments. of an "occurrence" or claim:b.This insurance applies: (1)Reports all,or any part,of the "bodily (1)To "bodily injury"and "property injury"or "property damage"to us or damage" only if:any other insurer; Form SS 00 08 04 05 Page 1 of 24 © 2005,The Hartford DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM (2)b.Receives a written or verbal demand or We will make these payments regardless of claim for damages because of the "bodily fault.These payments will not exceed the injury"or "property damage";or applicable limit of insurance.We will pay reasonable expenses for:(3)Becomes aware by any other means that (1)"bodily injury"or "property damage"has First aid administered at the time of an occurred or has begun to occur.accident; d.(2)Damages because of "bodily injury"include Necessary medical,surgical,x-ray and damages claimed by any person or dental services,including prosthetic organization for care,loss of services or devices;and death resulting at any time from the "bodily (3)Necessary ambulance,hospital, injury".professional nursing and funeral e.Incidental Medical Malpractice services. (1)"Bodily injury"arising out of the 3.COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a.We will pay,with respect to any claim or physician,dentist,nurse,emergency "suit"we investigate or settle,or any "suit" medical technician or paramedic shall against an insured we defend:be deemed to be caused by an (1)All expenses we incur."occurrence", but only if: (2)Up to $1,000 for the cost of bail bonds (a)The physician,dentist,nurse, required because of accidents or traffic emergency medical technician or law violations arising out of the use of paramedic is employed by you to any vehicle to which Business Liability provide such services; and Coverage for "bodily injury"applies. We (b)You are not engaged in the do not have to furnish these bonds.business or occupation of providing (3)The cost of appeal bonds or bonds to such services. release attachments,but only for bond (2)For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance.We do not have to furnish malpractice,any act or omission these bonds.together with all related acts or (4)All reasonable expenses incurred by the omissions in the furnishing of these insured at our request to assist us in the services to any one person will be investigation or defense of the claim or considered one "occurrence". "suit",including actual loss of earnings 2.MEDICAL EXPENSES up to $500 a day because of time off Insuring Agreement from work. a.We will pay medical expenses as described (5)All costs taxed against the insured in below for "bodily injury"caused by an the "suit". accident:(6)Prejudgment interest awarded against (1)On premises you own or rent;the insured on that part of the judgment we pay.If we make an offer to pay the (2)On ways next to premises you own or applicable limit of insurance,we will not rent;or pay any prejudgment interest based on (3)Because of your operations;that period of time after the offer. provided that:(7)All interest on the full amount of any (1)The accident takes place in the judgment that accrues after entry of the "coverage territory"and during the judgment and before we have paid, policy period;offered to pay,or deposited in court the part of the judgment that is within the (2)The expenses are incurred and reported applicable limit of insurance.to us within three years of the date of the accident; and (1)(7)Any amounts paid under through above will not reduce the limits of insurance.(3)The injured person submits to examination,at our expense,by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM b.If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys'fees incurred by us in the named as a party to the "suit",we will defense of that indemnitee,necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met:necessary litigation expenses incurred by the indemnitee at our request will be(1)The "suit"against the indemnitee paid as Supplementary Payments.seeks damages for which the insured has assumed the liability of the Notwithstanding the provisions of 1.b.(b)B.indemnitee in a contract or agreement Paragraph of Section – that is an "insured contract";Exclusions,such payments will not be deemed to be damages for "bodily (2)This insurance applies to such liability injury"and "property damage"and will assumed by the insured; not reduce the Limits of Insurance.(3)The obligation to defend, or the cost of Our obligation to defend an insured's the defense of,that indemnitee,has indemnitee and to pay for attorneys'fees also been assumed by the insured in and necessary litigation expenses as the same "insured contract"; Supplementary Payments ends when:(4)The allegations in the "suit"and the (1)We have used up the applicable limit information we know about the of insurance in the payment of "occurrence"are such that no conflict judgments or settlements; orappearstoexistbetweentheinterests (2)of the insured and the interest of the The conditions set forth above,or the indemnitee;terms of the agreement described in (6)Paragraph above,are no longer met.(5)The indemnitee and the insured ask us to conduct and control the defense B.EXCLUSIONS of that indemnitee against such "suit" 1.Applicable To Business Liability Coverageandagreethatwecanassignthe This insurance does not apply to:same counsel to defend the insured and the indemnitee;and a.Expected Or Intended Injury (6)The indemnitee:(1)"Bodily injury"or "property damage" expected or intended from the (a)Agrees in writing to: standpoint of the insured.This (i)Cooperate with us in the exclusion does not apply to "bodily investigation,settlement or injury"or "property damage"resulting defense of the "suit";from the use of reasonable force to (ii)Immediately send us copies of protect persons or property; or any demands,notices, (2)"Personal and advertising injury"arisingsummonsesorlegalpapers out of an offense committed by,at thereceivedinconnectionwith direction of or with the consent orthe "suit";acquiescence of the insured with the (iii)Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and b.Contractual Liability (iv)Cooperate with us with (1)"Bodily injury"or "property damage";orrespecttocoordinatingother (2)"Personal and advertising injury"applicable insurance available to the indemnitee; and for which the insured is obligated to pay damages by reason of the assumption of(b)Provides us with written liability in a contract or agreement.authorization to: This exclusion does not apply to liability (i)Obtain records and other for damages because of:information related to the "suit"; and (a)"Bodily injury","property damage"or "personal and advertising injury"that(ii)Conduct and control the the insured would have in thedefenseoftheindemniteein absence of the contract orsuch"suit". agreement;or Form SS 00 08 04 05 Page 3 of 24 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM (b)(b)"Bodily injury"or "property damage"Performing duties related to the assumed in a contract or agreement conduct of the insured’s business,or that is an "insured contract",(2)The spouse,child,parent,brother or provided the "bodily injury"or sister of that "employee"as a "property damage"occurs (1)consequence of above. subsequent to the execution of the This exclusion applies:contract or agreement.Solely for (1)Whether the insured may be liable as the purpose of liability assumed in an employer or in any other capacity; an "insured contract",reasonable andattorneys'fees and necessary litigation expenses incurred by or for (2)To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury"or "property damage"This exclusion does not apply to liability provided:assumed by the insured under an "insured (i)Liability to such party for,or for contract". the cost of,that party’s defense f.Pollution has also been assumed in the (1)"Bodily injury","property damage"or same "insured contract",and "personal and advertising injury" (ii)Such attorneys'fees and arising out of the actual,alleged or litigation expenses are for threatened discharge,dispersal, defense of that party against a seepage,migration,release or escape civil or alternative dispute of "pollutants": resolution proceeding in which (a)At or from any premises,site or damages to which this location which is or was at anyinsurance applies are alleged. time owned or occupied by,or c.Liquor Liability rented or loaned to any insured. "Bodily injury"or "property damage"for However,this subparagraph does which any insured may be held liable by not apply to: reason of:(i)"Bodily injury"if sustained within (1)Causing or contributing to the a building and caused by intoxication of any person;smoke,fumes,vapor or soot produced by or originating from(2)The furnishing of alcoholic beverages to equipment that is used to heat,a person under the legal drinking age or cool or dehumidify the building,under the influence of alcohol;or or equipment that is used to(3)Any statute,ordinance or regulation heat water for personal use,byrelatingtothesale,gift,distribution or the building's occupants or theiruseofalcoholicbeverages.guests; This exclusion applies only if you are in the (ii)"Bodily injury"or "propertybusinessofmanufacturing,distributing,damage"for which you may beselling,serving or furnishing alcoholic held liable,if you are abeverages.contractor and the owner or d.Workers'Compensation And Similar lessee of such premises,site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers'compensation,disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law.additional insured at that premises,site or location ande.Employer’s Liability such premises,site or location"Bodily injury" to: is not and never was owned or(1)An "employee"of the insured arising occupied by,or rented orout of and in the course of:loaned to,any insured,other (a)Employment by the insured;or than that additional insured;or Page 4 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM (iii)"Bodily injury"or "property released as part of the damage"arising out of heat, operations being performed smoke or fumes from a by such insured,contractor or "hostile fire";subcontractor; (b)(ii)At or from any premises,site or "Bodily injury"or "property location which is or was at any damage"sustained within a time used by or for any insured or building and caused by the others for the handling,storage, release of gases,fumes or disposal,processing or treatment vapors from materials brought of waste;into that building in connection with operations being performed(c)Which are or were at any time by you or on your behalf by atransported,handled,stored, contractor or subcontractor;ortreated,disposed of,or processed (iii)as waste by or for:"Bodily injury"or "property damage"arising out of heat, (i)Any insured; or smoke or fumes from a (ii)Any person or organization for "hostile fire"; orwhomyoumaybelegally (e)At or from any premises,site orresponsible; location on which any insured or any(d)At or from any premises,site or contractors or subcontractorslocationonwhichanyinsuredor working directly or indirectly on anyanycontractorsorsubcontractors insured’s behalf are performingworkingdirectlyorindirectlyon operations if the operations are toanyinsured's behalf are test for,monitor,clean up,remove,performing operations if the contain,treat,detoxify or neutralize,"pollutants"are brought on or to or in any way respond to,or assessthepremises,site or location in the effects of,"pollutants".connection with such operations (2)Any loss,cost or expense arising out by such insured,contractor or of any:subcontractor.However,this (a)subparagraph does not apply to:Request, demand, order or statutory or regulatory requirement that any(i)"Bodily injury"or "property insured or others test for,monitor,damage"arising out of the clean up,remove,contain,treat,escape of fuels,lubricants or detoxify or neutralize,or in any wayother operating fluids which are respond to,or assess the effects of,needed to perform the normal "pollutants";orelectrical,hydraulic or (b)mechanical functions Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts,damages because of testing for, if such fuels, lubricants or other monitoring,cleaning up, removing, operating fluids escape from a containing,treating,detoxifying or vehicle part designed to hold,neutralizing,or in any way store or receive them.This responding to,or assessing the exception does not apply if the effects of,"pollutants". "bodily injury"or "property However,this paragraph does not damage"arises out of the apply to liability for damages because intentional discharge,dispersal of "property damage"that the insured or release of the fuels,would have in the absence of such lubricants or other operating request,demand,order or statutory or fluids,or if such fuels,regulatory requirement,or such claim lubricants or other operating or "suit"by or on behalf of a fluids are brought on or to the governmental authority. premises,site or location with the intent that they be discharged,dispersed or Form SS 00 08 04 05 Page 5 of 24 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM g.Aircraft,Auto Or Watercraft (2)The use of "mobile equipment"in,or while in practice or preparation for,a"Bodily injury"or "property damage"arising prearranged racing,speed or out of the ownership,maintenance,use or demolition contest or in any stunting entrustment to others of any aircraft,"auto" activity.or watercraft owned or operated by or rented i.Warorloanedtoanyinsured.Use includes operation and "loading or unloading"."Bodily injury","property damage"or This exclusion applies even if the claims "personal and advertising injury",however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision,hiring,(1)War,including undeclared or civil war; employment,training or monitoring of others (2)Warlike action by a military force, by that insured,if the "occurrence"which including action in hindering or caused the "bodily injury"or "property defending against an actual ordamage"involved the ownership, expected attack,by any government, maintenance,use or entrustment to others of sovereign or other authority usinganyaircraft,"auto"or watercraft that is military personnel or other agents; orownedoroperatedbyorrentedorloanedto (3)Insurrection,rebellion,revolution, any insured. usurped power,or action taken by This exclusion does not apply to: governmental authority in hindering or (1)A watercraft while ashore on premises defending against any of these. you own or rent;j.Professional Services (2)A watercraft you do not own that is:"Bodily injury","property damage"or (a)Less than 51 feet long; and "personal and advertising injury"arising out of the rendering of or failure to render (b)Not being used to carry persons any professional service.This includes for a charge; but is not limited to:(3)Parking an "auto"on,or on the ways (1)Legal,accounting or advertisingnextto,premises you own or rent, services;provided the "auto"is not owned by or rented or loaned to you or the insured;(2)Preparing,approving,or failing to prepare or approve maps,shop(4)Liability assumed under any "insured drawings,opinions,reports,surveys,contract"for the ownership, field orders,change orders,designs ormaintenanceoruseofaircraftor drawings and specifications;watercraft; (3)Supervisory,inspection,architectural (5)"Bodily injury"or "property damage" or engineering activities;arising out of the operation of any of f.(2)the equipment listed in Paragraph (4)Medical,surgical,dental,x-ray or f.(3)or of the definition of "mobile nursing services treatment,advice or equipment";or instruction; (6)An aircraft that is not owned by any (5)Any health or therapeutic service insured and is hired,chartered or loaned treatment, advice or instruction; with a paid crew.However,this (6)Any service,treatment,advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such "bodily appearance or skin enhancement,hair injury"or "property damage",whether removal or replacement or personal the other insurance is primary,excess,grooming;contingent or on any other basis. (7)Optical or hearing aid services h.Mobile Equipment including the prescribing,preparation, "Bodily injury"or "property damage" fitting,demonstration or distribution of arising out of:ophthalmic lenses and similar products or hearing aid devices;(1)The transportation of "mobile equipment" by an "auto"owned or operated by or rented or loaned to any insured;or Page 6 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM (8)(1)(3)(4)Optometry or optometric services Paragraphs ,and of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing,damage"(other than damage by fire)to preparation,fitting,demonstration or premises,including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products;fewer consecutive days.A separate Limit of Insurance applies to Damage To (9)Any: Premises Rented To You as described in (a)Body piercing (not including ear D.Section -Limits Of Insurance.piercing); (2)Paragraph of this exclusion does not(b)Tattooing,including but not limited apply if the premises are "your work"and to the insertion of pigments into or were never occupied,rented or held for under the skin; and rental by you. (c)Similar services;(3) (4)Paragraphs and of this exclusion do (10)Services in the practice of pharmacy; not apply to the use of elevators. and (3)(4)(5)(6)Paragraphs ,,and of this (11)Computer consulting,design or exclusion do not apply to liability assumed programming services,including web under a sidetrack agreement. site design.(3)(4)Paragraphs and of this exclusion do (4)(5)Paragraphs and of this exclusion do not apply to "property damage"to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. 1.e.A.Paragraph in Section -Coverages.(6)Paragraph of this exclusion does not k.Damage To Property apply to "property damage" included in the "products-completed operations hazard"."Property damage" to: l.Damage To Your Product(1)Property you own,rent or occupy, including any costs or expenses "Property damage"to "your product" incurred by you,or any other person, arising out of it or any part of it. organization or entity,for repair, m.Damage To Your Workreplacement,enhancement, "Property damage"to "your work"arising restoration or maintenance of such out of it or any part of it and included in the property for any reason,including "products-completed operations hazard".prevention of injury to a person or damage to another's property;This exclusion does not apply if the damaged work or the work out of which (2)Premises you sell,give away or the damage arises was performed on your abandon,if the "property damage"arises behalf by a subcontractor.out of any part of those premises; n.Damage To Impaired Property Or (3)Property loaned to you; Property Not Physically Injured(4)Personal property in the care,custody "Property damage"to "impaired property" or control of the insured; or property that has not been physically (5)That particular part of real property on injured, arising out of:which you or any contractors or (1)A defect,deficiency,inadequacy or subcontractors working directly or dangerous condition in "your product" indirectly on your behalf are performing or "your work"; oroperations,if the "property damage" (2)arises out of those operations;or A delay or failure by you or anyone acting on your behalf to perform a (6)That particular part of any property contract or agreement in accordance that must be restored,repaired or with its terms.replaced because "your work"was incorrectly performed on it.This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product"or "your work"after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM o.Recall Of Products,Work Or Impaired (c)Title of any literary or artistic work; Property (8)Arising out of an offense committed by Damages claimed for any loss,cost or an insured whose business is: (a)expense incurred by you or others for the Advertising,broadcasting, loss of use,withdrawal,recall,inspection, publishing or telecasting; repair,replacement,adjustment,removal (b)Designing or determining content or disposal of:of web sites for others;or (1)"Your product";(c)An Internet search,access, (2)"Your work";or content or service provider. (3)"Impaired property";However,this exclusion does not if such product,work or property is a.b.c.apply to Paragraphs ,and withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization G.advertising injury"in Section – because of a known or suspected defect, Liability And Medical Expenses deficiency,inadequacy or dangerous Definitions. condition in it.For the purposes of this exclusion, p.Personal And Advertising Injury placing an "advertisement"for or linking to others on your web site,by "Personal and advertising injury": itself,is not considered the business(1)Arising out of oral, written or electronic of advertising,broadcasting, publication of material,if done by or at publishing or telecasting;the direction of the insured with (9)Arising out of an electronic chat room knowledge of its falsity; or bulletin board the insured hosts, (2)Arising out of oral, written or electronic owns,or over which the insured publication of material whose first exercises control;publication took place before the (10)Arising out of the unauthorized use ofbeginningofthepolicy period; another's name or product in your e-mail(3)Arising out of a criminal act committed address,domain name or metatags,orbyor at the direction of the insured;any other similar tactics to mislead (4)Arising out of any breach of contract, another's potential customers; except an implied contract to use (11)Arising out of the violation of a another’s "advertising idea"in your person's right of privacy created by "advertisement";any state or federal act. (5)Arising out of the failure of goods, However,this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act;"advertisement"; (12)Arising out of:(6)Arising out of the wrong description of (a)An "advertisement"for others on the price of goods,products or services; your web site;(7)Arising out of any violation of any (b)Placing a link to a web site of intellectual property rights such as others on your web site;copyright,patent,trademark,trade name,trade secret,service mark or (c)Content from a web site of others other designation of origin or displayed within a frame or border authenticity.on your web site.Content includes information,code,sounds,text,However,this exclusion does not graphics or images;orapplytoinfringement,in your "advertisement",of (d)Computer code,software or programming used to enable:(a)Copyright; (i)Your web site; or(b)Slogan,unless the slogan is also a trademark,trade name,service (ii)The presentation or functionality mark or other designation of origin of an "advertisement"or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM (13)(a)Arising out of a violation of any anti-May be awarded or incurred by trust law;reason of any claim or suit alleging actual or threatened injury (14)Arising out of the fluctuation in price or or damage of any nature or kind to value of any stocks,bonds or other persons or property which would securities; or not have occurred in whole or in (15)Arising out of discrimination or part but for the "asbestos hazard";humiliation committed by or at the (b)Arise out of any request,demand, direction of any "executive officer", order or statutory or regulatory director,stockholder,partner or requirement that any insured or member of the insured. others test for,monitor,clean up, q.Electronic Data remove,encapsulate,contain, Damages arising out of the loss of,loss of treat,detoxify or neutralize or in use of,damage to,corruption of,inability any way respond to or assess the to access,or inability to manipulate effects of an "asbestos hazard"; or "electronic data".(c)Arise out of any claim or suit for r.Employment-Related Practices damages because of testing for, monitoring,cleaning up,removing,"Bodily injury"or "personal and advertising encapsulating,containing,treating,injury"to: detoxifying or neutralizing or in any(1)A person arising out of any:way responding to or assessing the (a)Refusal to employ that person;effects of an "asbestos hazard". (b)Termination of that person's t.Violation Of Statutes That Govern E- employment; or Mails,Fax,Phone Calls Or Other Methods Of Sending Material Or (c)Employment-related practices, Informationpolicies,acts or omissions,such as coercion,demotion,evaluation,"Bodily injury","property damage",or reassignment,discipline,"personal and advertising injury"arising defamation,harassment,humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: (2)The spouse,child,parent,brother or (1)The Telephone Consumer Protection sister of that person as a Act (TCPA),including any amendment consequence of "bodily injury"or of or addition to such law; "personal and advertising injury" to the (2)The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment-related practices law;or(a)(b)(c)described in Paragraphs ,,or (3)Any statute,ordinance or regulation,above is directed. other than the TCPA or CAN-SPAM ActThisexclusion applies:of 2003,that prohibits or limits the (1)Whether the insured may be liable as sending,transmitting,communicating or an employer or in any other capacity;distribution of material or information. and Damage To Premises Rented To You – (2)To any obligation to share damages Exception For Damage By Fire,Lightning with or repay someone else who must or Explosion pay damages because of the injury.c.h.k.o.Exclusions through and through do s.Asbestos not apply to damage by fire,lightning or explosion to premises rented to you or (1)"Bodily injury","property damage"or temporarily occupied by you with permission of "personal and advertising injury" the owner.A separate Limit of Insurance arising out of the "asbestos hazard". applies to this coverage as described in (2)Any damages,judgments,settlements,D.Section -Liability And Medical Expensesloss,costs or expenses that:Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM 2.Applicable To Medical Expenses Coverage e.A trust,you are an insured.Your trustees are also insureds,but only with respect to We will not pay expenses for "bodily injury": their duties as trustees.a.Any Insured 2.Each of the following is also an insured:To any insured,except "volunteer workers". a.Employees And Volunteer Workersb.Hired Person Your "volunteer workers"only whileTo a person hired to do work for or on behalf performing duties related to the conduct of of any insured or a tenant of any insured. your business,or your "employees",other c.Injury On Normally Occupied Premises than either your "executive officers"(if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occupies.company)or your managers (if you are a limited liability company),but only for acts d.Workers'Compensation And Similar within the scope of their employment by Laws you or while performing duties related to To a person,whether or not an the conduct of your business."employee"of any insured,if benefits for However,none of these "employees"or the "bodily injury"are payable or must be "volunteer workers" are insureds for:provided under a workers'compensation or disability benefits law or a similar law.(1)"Bodily injury"or "personal and advertising injury":e.Athletics Activities (a)To you,to your partners or To a person injured while practicing, members (if you are a partnership instructing or participating in any physical or joint venture),to your members exercises or games,sports or athletic (if you are a limited liability contests. company),or to a co-"employee"f.Products-Completed Operations Hazard while in the course of his or her Included with the "products-completed employment or performing duties operations hazard".related to the conduct of your business,or to your other g.Business Liability Exclusions "volunteer workers"while Excluded under Business Liability Coverage.performing duties related to the C.WHO IS AN INSURED conduct of your business; 1.If you are designated in the Declarations as:(b)To the spouse,child,parent, brother or sister of that co-a.An individual,you and your spouse are "employee"or that "volunteer insureds,but only with respect to the worker"as a consequence of conduct of a business of which you are the (1)(a)Paragraph above;sole owner. (c)For which there is any obligation b.A partnership or joint venture,you are an to share damages with or repay insured.Your members,your partners,and someone else who must pay their spouses are also insureds,but only with damages because of the injury respect to the conduct of your business. (1)(a)described in Paragraphs orc.A limited liability company,you are an (b) above; orinsured.Your members are also insureds, (d)Arising out of his or her providing but only with respect to the conduct of your or failing to provide professional business.Your managers are insureds,but health care services.only with respect to their duties as your managers.If you are not in the business of providing professional health cared.An organization other than a partnership, (d)services,Paragraph does not applyjointventureorlimitedliabilitycompany,you to any nurse,emergency medicalareaninsured.Your "executive officers"and technician or paramedic employed bydirectorsareinsureds,but only with respect you to provide such services.to their duties as your officers or directors. Your stockholders are also insureds,but only (2)"Property damage" to property: with respect to their liability as stockholders.(a)Owned,occupied or used by, Page 10 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM (b)b.Rented to,in the care,custody or Coverage under this provision does not control of,or over which physical apply to: control is being exercised for any (1)"Bodily injury"or "property damage" purpose by you,any of your that occurred;or "employees","volunteer workers", (2)"Personal and advertising injury" any partner or member (if you are arising out of an offense committedapartnershiporjointventure),or before you acquired or formed the any member (if you are a limited organization.liability company). 4.Operator Of Mobile Equipmentb.Real Estate Manager With respect to "mobile equipment"registered inAny person (other than your "employee"or your name under any motor vehicle registration"volunteer worker"),or any organization law,any person is an insured while driving suchwhileacting as your real estate manager. equipment along a public highway with yourc.Temporary Custodians Of Your permission.Any other person or organizationProperty responsible for the conduct of such person is Any person or organization having proper also an insured,but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die,but only:only if no other insurance of any kind is available (1)With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured with respect to:(2)Until your legal representative has been appointed.a."Bodily injury"to a co-"employee"of the person driving the equipment;ord.Legal Representative If You Die b."Property damage"to property owned by, Your legal representative if you die,but rented to,in the charge of or occupied byonlywithrespecttodutiesassuch.That you or the employer of any person who is representative will have all your rights and an insured under this provision.duties under this insurance. 5.Operator of Nonowned Watercrafte.Unnamed Subsidiary With respect to watercraft you do not own that Any subsidiary and subsidiary thereof,of is less than 51 feet long and is not being used yours which is a legally incorporated entity to carry persons for a charge, any person is an of which you own a financial interest of insured while operating such watercraft with more than 50%of the voting stock on the your permission.Any other person or effective date of this Coverage Part. organization responsible for the conduct of The insurance afforded herein for any such person is also an insured,but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft,and only if no otherinjuryordamagewithrespecttowhichan insurance of any kind is available to that insured under this insurance is also an person or organization for this liability.insured under another policy or would be However,no person or organization is an an insured under such policy but for its insured with respect to:termination or upon the exhaustion of its limits of insurance.a."Bodily injury"to a co-"employee"of the person operating the watercraft;or3.Newly Acquired Or Formed Organization b."Property damage"to property owned by,Any organization you newly acquire or form, rented to,in the charge of or occupied by other than a partnership,joint venture or you or the employer of any person who is limited liability company,and over which you an insured under this provision.maintain financial interest of more than 50%of the voting stock,will qualify as a Named 6.Additional Insureds When Required By Insured if there is no other similar insurance Written Contract,Written Agreement Or available to that organization. However:Permit a.Coverage under this provision is afforded The person(s)or organization(s)identified in only until the 180th day after you acquire a.f.Paragraphs through below are additional or form the organization or the end of the insureds when you have agreed,in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM (e)contract,written agreement or because of a Any failure to make such permit issued by a state or political inspections,adjustments,tests or subdivision,that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy,provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business,in connection agreement, or the issuance of the permit.with the distribution or sale of the products;A person or organization is an additional (f)Demonstration,installation, insured under this provision only for that servicing or repair operations, period of time required by the contract, except such operations performed agreement or permit. at the vendor's premises in However,no such person or organization is an connection with the sale of the additional insured under this provision if such product;person or organization is included as an (g)Products which,after distribution additional insured by an endorsement issued or sale by you,have been labeled by us and made a part of this Coverage Part, or relabeled or used as a including all persons or organizations added container,part or ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in Section the vendor; orF.–Optional Additional Insured Coverages. (h)"Bodily injury"or "property a.Vendors damage"arising out of the sole Any person(s)or organization(s)(referred to negligence of the vendor for its below as vendor),but only with respect to own acts or omissions or those of"bodily injury"or "property damage"arising its employees or anyone else out of "your products"which are distributed acting on its behalf. However, thisorsoldintheregularcourseofthevendor's exclusion does not apply to:business and only if this Coverage Part (i)The exceptions contained in provides coverage for "bodily injury"or (d)(f)Subparagraphs or ;or"property damage"included within the (ii)"products-completed operations hazard".Such inspections,adjustments, tests or servicing as the vendor(1)The insurance afforded to the vendor has agreed to make or normallyissubjecttothefollowingadditional undertakes to make in the usualexclusions: course of business,inThisinsurancedoes not apply to:connection with the distribution (a)"Bodily injury"or "property or sale of the products. damage"for which the vendor is (2)This insurance does not apply to anyobligatedtopaydamagesby insured person or organization fromreasonoftheassumptionof whom you have acquired such products,liability in a contract or agreement. or any ingredient,part or container,This exclusion does not apply to entering into,accompanying orliabilityfordamagesthatthe containing such products.vendor would have in the absence b.Lessors Of Equipmentof the contract or agreement; (1)Any person or organization from (b)Any express warranty whom you lease equipment;but only unauthorized by you; with respect to their liability for "bodily (c)Any physical or chemical change injury","property damage"orintheproductmadeintentionally "personal and advertising injury"by the vendor;caused,in whole or in part,by your (d)Repackaging,except when maintenance,operation or use of unpacked solely for the purpose of equipment leased to you by such inspection,demonstration,testing,person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM (2)e.Permits Issued By State Or Political With respect to the insurance afforded Subdivisionstotheseadditionalinsureds,this insurance does not apply to any (1)Any state or political subdivision,but "occurrence"which takes place after only with respect to operations you cease to lease that equipment.performed by you or on your behalf for c.Lessors Of Land Or Premises which the state or political subdivision has issued a permit.(1)Any person or organization from (2)whom you lease land or premises,but With respect to the insurance afforded only with respect to liability arising out to these additional insureds,this of the ownership,maintenance or use insurance does not apply to: of that part of the land or premises (a)"Bodily injury","property damage" leased to you.or "personal and advertising (2)With respect to the insurance afforded injury"arising out of operations to these additional insureds,this performed for the state or insurance does not apply to:municipality; or (a)(b)Any "occurrence"which takes "Bodily injury"or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f.Any Other Party (b)Structural alterations,new (1)Any other person or organization who construction or demolition a.is not an insured under Paragraphs operations performed by or on ethrough.above,but only with behalf of such person or respect to liability for "bodily injury", organization."property damage"or "personal and d.Architects, Engineers Or Surveyors advertising injury"caused,in whole or in part,by your acts or omissions or(1)Any architect,engineer,or surveyor,but the acts or omissions of those acting only with respect to liability for "bodily on your behalf:injury","property damage"or "personal (a)and advertising injury"caused,in whole In the performance of your or in part,by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b)In connection with your premises your behalf:owned by or rented to you;or (a)In connection with your premises; (c)In connection with "your work" and or included within the "products- (b)In the performance of your completed operations hazard",but ongoing operations performed by only if you or on your behalf.(i)The written contract or written (2)With respect to the insurance afforded agreement requires you to to these additional insureds,the provide such coverage to following additional exclusion applies:such additional insured;and (ii)This insurance does not apply to This Coverage Part provides "bodily injury","property damage"or coverage for "bodily injury"or "personal and advertising injury" "property damage"included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including:(2)With respect to the insurance afforded (a)The preparing,approving,or to these additional insureds,this failure to prepare or approve, insurance does not apply to: maps,shop drawings,opinions, "Bodily injury","property damage"or reports,surveys,field orders, "personal and advertising injury" change orders,designs or arising out of the rendering of,or the drawings and specifications; or failure to render,any professional (b)Supervisory,inspection, architectural,engineering or surveying architectural or engineering services,including: activities. Form SS 00 08 04 05 Page 13 of 24 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM (a)The preparing,approving,or This General Aggregate limit does not failure to prepare or approve, apply to "property damage"to premises maps,shop drawings,opinions, while rented to you or temporarily reports,surveys,field orders, occupied by you with permission of the change orders,designs or owner,arising out of fire,lightning or drawings and specifications; or explosion. (b)3.Each Occurrence LimitSupervisory,inspection, architectural or engineering 2.a.2.bSubjecttoor above,whichever activities.applies,the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", D.insureds are described in Section –Limits "property damage"and medical expenses Of Insurance.arising out of any one "occurrence"is the Liability and Medical Expenses Limit shown in How this insurance applies when other the Declarations.insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses E.in Section – Liability And Medical Expenses because of "bodily injury"sustained by any General Conditions.one person is the Medical Expenses Limit shown in the Declarations.No person or organization is an insured with 4.Personal And Advertising Injury Limitrespecttotheconductofanycurrentorpast partnership,joint venture or limited liability 2.b.Subject to above,the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations."personal and advertising injury"sustained by any one person or organization is the Personal D.LIABILITY AND MEDICAL EXPENSES and Advertising Injury Limit shown in the LIMITS OF INSURANCE Declarations. 1.The Most We Will Pay 5.Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of:Liability Coverage for damages because of a.Insureds;"property damage"to any one premises,while b.Claims made or "suits" brought;or rented to you, or in the case of damage by fire, lightning or explosion,while rented to you or c.Persons or organizations making claims or temporarily occupied by you with permission of bringing "suits". the owner. 2.Aggregate Limits In the case of damage by fire,lightning or The most we will pay for:explosion, the Damage to Premises Rented To a.Damages because of "bodily injury"and You Limit applies to all damage proximately "property damage"included in the caused by the same event,whether such "products-completed operations hazard"is damage results from fire,lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6.How Limits Apply To Additional InsuredsDeclarations. The most we will pay on behalf of a person or b.Damages because of all other "bodily organization who is an additional insured injury","property damage"or "personal under this Coverage Part is the lesser of:and advertising injury",including medical a.The limits of insurance specified in a expenses,is the General Aggregate Limit written contract,written agreement or shown in the Declarations. permit issued by a state or political This General Aggregate Limit applies subdivision;orseparatelytoeachofyour"locations" b.The Limits of Insurance shown in the owned by or rented to you. Declarations."Location"means premises involving the Such amount shall be a part of and not in same or connecting lots,or premises addition to the Limits of Insurance shown in whose connection is interrupted only by a the Declarations and described in this Section.street,roadway or right-of-way of a railroad. Page 14 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM (1)If more than one limit of insurance under this Immediately send us copies of any policy and any endorsements attached thereto demands,notices,summonses or applies to any claim or "suit",the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2)Authorize us to obtain records and applicable to such claim or "suit".However,this other information; paragraph does not apply to the Medical Expenses (3)Cooperate with us in the investigation, 3.limit set forth in Paragraph above.settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit";and separately to each consecutive annual period and to (4)Assist us,upon our request,in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations,unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months.In that case,the additional period will be may also apply.deemed part of the last preceding period for purposes d.Obligations At The Insured's Own CostofdeterminingtheLimitsofInsurance. No insured will,except at that insured's ownE.LIABILITY AND MEDICAL EXPENSES cost,voluntarily make a payment,assume GENERAL CONDITIONS any obligation,or incur any expense,other than for first aid,without our consent.1.Bankruptcy e.Additional Insured's Other InsuranceBankruptcyorinsolvencyoftheinsuredorof the insured's estate will not relieve us of our If we cover a claim or "suit"under this obligations under this Coverage Part.Coverage Part that may also be covered by other insurance available to an 2.Duties In The Event Of Occurrence, additional insured,such additional insured Offense, Claim Or Suit must submit such claim or "suit"to the a.Notice Of Occurrence Or Offense other insurer for defense and indemnity. You or any additional insured must see to However,this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence"or an written contract,written agreement or offense which may result in a claim.To permit that this insurance is primary and the extent possible,notice should include:non-contributory with the additional (1)How,when and where the "occurrence"insured's own insurance. or offense took place;f.Knowledge Of An Occurrence,Offense, (2)The names and addresses of any Claim Or Suit injured persons and witnesses;and a.b.Paragraphs and apply to you or to (3)The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence",offense,claim or "suit"is "occurrence"or offense.known to: b.Notice Of Claim (1)You or any additional insured that is an individual;If a claim is made or "suit"is brought against any insured,you or any additional (2)Any partner,if you or an additional insured must:insured is a partnership; (1)Immediately record the s pecifics of the (3)Any manager,if you or an additional claim or "suit"and the date received; insured is a limited liability company; and (4)Any "executive officer"or insurance (2)Notify us as soon as practicable.manager,if you or an additional insured is a corporation;You or any additional insured must see to it that we receive a written notice of the (5)Any trustee,if you or an additional claim or "suit" as soon as practicable.insured is a trust;or c.Assistance And Cooperation Of The (6)Any elected or appointed official, if you Insured or an additional insured is a political subdivision or public entity.You and any other involved insured must: Form SS 00 08 04 05 Page 15 of 24 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM f.(3)This Paragraph applies separately to We have issued this policy in reliance you and any additional insured.upon your representations. 3.Financial Responsibility Laws b.Unintentional Failure To Disclose Hazardsa.When this policy is certified as proof of financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law,the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part,we shall not deny any liability and "property damage"liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7.Other Insurance insurance required by that law. If other valid and collectible insurance is b.With respect to "mobile equipment"to available for a loss we cover under this which this insurance applies,we will Coverage Part,our obligations are limited as provide any liability,uninsured motorists, follows:underinsured motorists,no-fault or other a.Primary Insurancecoveragerequiredbyanymotorvehicle b.law.We will provide the required limits for This insurance is primary except when those coverages.below applies.If other insurance is also primary,we will share with all that other 4.Legal Action Against Us c.insurance by the method described inNopersonororganizationhasarightunder below.this Coverage Form: b.Excess Insurancea.To join us as a party or otherwise bring us This insurance is excess over any of the into a "suit"asking for damages from an other insurance,whether primary,excess, insured;or contingent or on any other basis:b.To sue us on this Coverage Form unless (1)Your Workallofitstermshavebeenfullycomplied with.That is Fire,Extended Coverage, Builder's Risk,Installation Risk or A person or organization may sue us to recover similar coverage for "your work";on an agreed settlement or on a final judgment against an insured;but we will not be liable for (2)Premises Rented To You damages that are not payable under the terms of That is fire,lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance.An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner;liability signed by us,the insured and the (3)Tenant Liabilityclaimantortheclaimant's legal representative. That is insurance purchased by you to 5.Separation Of Insureds cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage"to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured,this with permission of the owner;insurance applies: (4)Aircraft,Auto Or Watercrafta.As if each Named Insured were the only If the loss arises out of the maintenanceNamed Insured;and or use of aircraft, "autos" or watercraft tob.Separately to each insured against whom g.the extent not subject to Exclusion ofaclaimismadeor "suit"is brought.A.Section –Coverages. 6.Representations (5)Property Damage To Borrowed a.When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy,you agree:If the loss arises out of "property damage"to borrowed equipment or (1)The statements in the Declarations the use of elevators to the extent not are accurate and complete; k.A.subject to Exclusion of Section –(2)Those statements are based upon Coverages.representations you made to us; and Page 16 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM (6)When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance,we will pay only our share of Insurance the amount of the loss,if any,that exceeds the sum of:That is other insurance available to (1)you covering liability for damages The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations,or products and completed absence of this insurance;and operations,for which you have been (2)The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance;or insurance. (7)When You Add Others As An We will share the remaining loss,if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured.Limits of Insurance shown in the Declarations of this Coverage Part.However,the following provisions c.Method Of Sharingapplytootherinsuranceavailableto any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part:this method also.Under this approach, (a)Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains, This insurance is primary if you whichever comes first.have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary.If other contribution by equal shares,we will insurance is also primary,we will contribute by limits.Under this method,each share with all that other insurance insurer’s share is based on the ratio of its c.by the method described in applicable limit of insurance to the total below.applicable limits of insurance of all insurers. (b)Primary And Non-Contributory 8.Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a.Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract,written agreement or part of any payment,including permit that this insurance is Supplementary Payments,we have made primary and non-contributory with under this Coverage Part,those rights are the additional insured's own transferred to us.The insured must do insurance,this insurance is nothing after loss to impair them.At our primary and we will not seek request,the insured will bring "suit"or contribution from that other transfer those rights to us and help us insurance.enforce them.This condition does not (a)(b)Paragraphs and do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b.Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured.If the insured has waived any rights of When this insurance is excess,we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments,we other insurer has a duty to defend the have made under this Coverage Part,we insured against that "suit".If no other also waive that right,provided the insured insurer defends,we will undertake to do waived their rights of recovery against so,but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers.agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM 3.Additional Insured -Grantor Of FranchiseF.OPTIONAL ADDITIONAL INSURED C.WHO IS AN INSURED under Section isCOVERAGES amended to include as an additional insured If listed or shown as applicable in the Declarations,the person(s)or organization(s)shown in the one or more of the following Optional Additional Declarations as an Additional Insured -Insured Coverages also apply. When any of these Grantor Of Franchise,but only with respect to Optional Additional Insured Coverages apply, their liability as grantor of franchise to you.6.Paragraph (Additional Insureds When Required 4.Additional Insured -Lessor Of LeasedbyWrittenContract,Written Agreement or Permit) EquipmentC.of Section ,Who Is An Insured,does not apply to the person or organization shown in the a.C.WHO IS AN INSURED under Section is Declarations.These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s)or organization(s) Liability Coverage in this policy,except as shown in the Declarations as an Additional provided below:Insured –Lessor of Leased Equipment, but only with respect to liability for "bodily 1.Additional Insured -Designated Person Or injury","property damage"or "personal Organization and advertising injury"caused,in whole or C.WHO IS AN INSURED under Section is in part,by your maintenance,operation oramendedtoincludeasanadditionalinsured use of equipment leased to you by such the person(s)or organization(s)shown in the person(s)or organization(s).Declarations,but only with respect to liability b.With respect to the insurance afforded to for "bodily injury","property damage"or these additional insureds,this insurance "personal and advertising injury"caused,in does not apply to any "occurrence"which whole or in part,by your acts or omissions or takes place after you cease to lease that the acts or omissions of those acting on your equipment.behalf: 5.Additional Insured -Owners Or Other a.In the performance of your ongoing Interests From Whom Land Has Been operations; or Leasedb.In connection with your premises owned a.C. WHO IS AN INSURED under Section is by or rented to you. amended to include as an additional 2.Additional Insured -Managers Or Lessors insured the person(s)or organization(s) Of Premises shown in the Declarations as an Additional a.C.WHO IS AN INSURED under Section is Insured – Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased,but only the person(s) or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured -ownership, maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of b.With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds,the following Declarations.additional exclusions apply: b.With respect to the insurance afforded to This insurance does not apply to:these additional insureds,the following (1)Any "occurrence"that takes place additional exclusions apply: after you cease to lease that land;orThisinsurancedoes not apply to: (2)Structural alterations,new (1)Any "occurrence"which takes place construction or demolition operations after you cease to be a tenant in that performed by or on behalf of such premises; or person or organization. (2)Structural alterations,new 6.Additional Insured -State Or Politicalconstructionordemolitionoperations Subdivision –Permitsperformedbyoronbehalfofsuch a.C.WHO IS AN INSURED under Section ispersonor organization. amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM (e)Insured –State Or Political Subdivision -Any failure to make such Permits,but only with respect to inspections,adjustments,tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit.make in the usual course of business,in connection with theb.With respect to the insurance afforded to distribution or sale of the products;these additional insureds,the following (f)Demonstration,installation, additional exclusions apply: servicing or repair operations, This insurance does not apply to: except such operations performed (1)"Bodily injury","property damage"or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality;or (g)Products which,after distribution (2)"Bodily injury"or "property damage" or sale by you,have been labeled included in the "product-completed or relabeled or used as a operations"hazard.container,part or ingredient of any 7.Additional Insured –Vendors other thing or substance by or for the vendor; ora.C.WHO IS AN INSURED under Section is amended to include as an additional (h)"Bodily injury"or "property insured the person(s)or organization(s) damage"arising out of the sole (referred to below as vendor)shown in the negligence of the vendor for its Declarations as an Additional Insured -own acts or omissions or those of Vendor,but only with respect to "bodily its employees or anyone else injury"or "property damage"arising out of acting on its behalf. However, this "your products"which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i)The exceptions contained in business and only if this Coverage Part (d)(f)Subparagraphs or ;or provides coverage for "bodily injury"or (ii)Such inspections, "property damage"included within the adjustments,tests or servicing "products-completed operations hazard". as the vendor has agreed to b.The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions:to make in the usual course of (1)This insurance does not apply to:business,in connection with the distribution or sale of the (a)"Bodily injury"or "property products.damage"for which the vendor is obligated to pay damages by (2)This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products,or any ingredient,part or liability for damages that the container,entering into, vendor would have in the absence accompanying or containing such of the contract or agreement;products. (b)Any express warranty 8.Additional Insured –Controlling Interest unauthorized by you;C.WHO IS AN INSURED under Section is (c)Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s)or organization(s)shown in the by the vendor;Declarations as an Additional Insured – Controlling Interest,but only with respect to (d)Repackaging,unless unpacked their liability arising out of:solely for the purpose of inspection, demonstration,testing,or the a.Their financial control of you;or substitution of parts under b.Premises they own,maintain or control instructions from the manufacturer,while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional D.alterations,new construction and demolition insureds are described in Section –Limits Of operations performed by or for that person or Insurance. organization.How this insurance applies when other insurance 9.Additional Insured –Owners,Lessees Or is available to an additional insured is described in Contractors –Scheduled Person Or E.the Other Insurance Condition in Section – Organization Liability And Medical Expenses General Conditions.a.C. WHO IS AN INSURED under Section is amended to include as an additional G.LIABILITY AND MEDICAL EXPENSES insured the person(s)or organization(s) DEFINITIONSshown in the Declarations as an Additional 1."Advertisement"means the widespread public Insured –Owner,Lessees Or Contractors, dissemination of information or images that but only with respect to liability for "bodily has the purpose of inducing the sale of goods, injury","property damage"or "personal products or services through:and advertising injury"caused,in whole or in part,by your acts or omissions or the a. (1)Radio; acts or omissions of those acting on your (2)Television; behalf:(3)Billboard; (1)In the performance of your ongoing (4)Magazine;operations for the additional (5)Newspaper;insured(s);or b.The Internet,but only that part of a web (2)In connection with "your work" site that is about goods,products or performed for that additional insured services for the purposes of inducing the and included within the "products- sale of goods, products or services; orcompletedoperationshazard",but c.Any other publication that is given only if this Coverage Part provides widespread public distribution.coverage for "bodily injury"or "property damage"included within the However, "advertisement"does not include: "products-completed operations a.The design,printed material,information hazard".or images contained in,on or upon the b.With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds,this insurance products;or does not apply to "bodily injury","property b.An interactive conversation between ordamage"or "personal an advertising among persons through a computer network.injury"arising out of the rendering of,or 2."Advertising idea"means any idea for an the failure to render,any professional "advertisement".architectural,engineering or surveying services,including:3."Asbestos hazard"means an exposure or threat of exposure to the actual or alleged(1)The preparing,approving,or failure to properties of asbestos and includes the mere prepare or approve,maps,shop presence of asbestos in any form.drawings,opinions,reports,surveys, field orders, change orders, designs or 4."Auto"means a land motor vehicle,trailer or drawings and specifications; or semi-trailer designed for travel on public roads,including any attached machinery or (2)Supervisory,inspection,architectural equipment.But "auto"does not include or engineering activities. "mobile equipment".10.Additional Insured –Co-Owner Of Insured 5."Bodily injury" means physical:Premises a.Injury;C.WHO IS AN INSURED under Section is amended to include as an additional insured b.Sickness; or the person(s)or Organization(s)shown in the c.DiseaseDeclarationsasanAdditionalInsured–Co- sustained by a person and,if arising out of the Owner Of Insured Premises,but only with above, mental anguish or death at any time.respect to their liability as co-owner of the premises shown in the Declarations.6."Coverage territory"means: Page 20 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM a.b.The United States of America (including its You have failed to fulfill the terms of a territories and possessions),Puerto Rico contract or agreement; and Canada;if such property can be restored to use by: b.International waters or airspace, but only if a.The repair,replacement,adjustment or the injury or damage occurs in the course removal of "your product"or "your work"; of travel or transportation between any or a.places included in above;b.Your fulfilling the terms of the contract or c.All other parts of the world if the injury or agreement. damage arises out of:12."Insured contract"means: (1)Goods or products made or sold by you a.A contract for a lease of premises. a.in the territory described in above;However,that portion of the contract for a (2)The activities of a person whose home lease of premises that indemnifies any aisintheterritorydescribedin. person or organization for damage by fire, above,but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3)"Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section D.communication –Liability and Medical Expenses Limits of Insurance.provided the insured's responsibility to pay b.damages is determined in the United States of A sidetrack agreement; America (including its territories and c.Any easement or license agreement, possessions),Puerto Rico or Canada,in a including an easement or license "suit"on the merits according to the agreement in connection with construction substantive law in such territory,or in a or demolition operations on or within 50 settlement we agree to.feet of a railroad; 7."Electronic data"means information,facts or d.Any obligation,as required by ordinance, programs:to indemnify a municipality,except in a.Stored as or on;connection with work for a municipality; b.Created or used on; or e.An elevator maintenance agreement; or c.Transmitted to or from f.That part of any other contract or agreement pertaining to your business computer software,including systems and (including an indemnification of a applications software,hard or floppy disks, municipality in connection with work CD-ROMS,tapes,drives,cells,data performed for a municipality)under whichprocessingdevicesoranyothermediawhich you assume the tort liability of another are used with electronically controlled party to pay for "bodily injury"or "property equipment. damage"to a third person or organization, 8."Employee"includes a "leased worker". provided the "bodily injury"or "property "Employee"does not include a "temporary damage"is caused,in whole or in part,by worker".you or by those acting on your behalf. 9."Executive officer"means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter,constitution,by-laws or any other contract or agreement. similar governing document.f.Paragraph includes that part of any 10."Hostile fire"means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury"or "property intended to be.damage"arising out of construction or demolition operations within 50 feet of any 11."Impaired property"means tangible property, railroad property and affecting any railroad other than "your product"or "your work",that bridge or trestle,tracks,road-beds,tunnel, cannot be used or is less useful because: underpass or crossing.a.It incorporates "your product"or "your work" f.However,Paragraph does not include that is known or thought to be defective, that part of any contract or agreement:deficient,inadequate or dangerous;or Form SS 00 08 04 05 Page 21 of 24 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM (1)(1)That indemnifies an architect, Power cranes,shovels,loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of:(2)Road construction or resurfacing (a)Preparing,approving or failing to equipment such as graders,scrapers prepare or approve maps,shop or rollers; drawings,opinions,reports, e.a.b.c.d.Vehicles not described in ,,,or surveys,field orders,change above that are not self-propelled and are orders,designs or drawings and maintained primarily to provide mobility to specifications;or permanently attached equipment of the (b)Giving directions or instructions, following types: or failing to give them,if that is the (1)Air compressors,pumps and primary cause of the injury or generators,including spraying, damage;or welding,building cleaning, (2)Under which the insured,if an geophysical exploration,lighting and architect,engineer or surveyor, well servicing equipment;or assumes liability for an injury or (2)Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render f.a.b.c.d.Vehicles not described in ,,,orprofessionalservices,including those above maintained primarily for purposes (1)listed in above and supervisory, other than the transportation of persons orinspection,architectural or cargo.engineering activities. However,self-propelled vehicles with the13."Leased worker"means a person leased to following types of permanently attached you by a labor leasing firm under an equipment are not "mobile equipment"but agreement between you and the labor leasing will be considered "autos":firm, to perform duties related to the conduct of (1)Equipment,of at least 1,000 pounds your business."Leased worker"does not gross vehicle weight,designedincludea "temporary worker". primarily for:14."Loading or unloading"means the handling of (a)Snow removal;property: (b)Road maintenance,but not a.After it is moved from the place where it is construction or resurfacing;oracceptedformovementintoorontoan aircraft,watercraft or "auto";(c)Street cleaning; b.While it is in or on an aircraft, watercraft or (2)Cherry pickers and similar devices "auto";or mounted on automobile or truck chassis and used to raise or lower c.While it is being moved from an aircraft, workers; andwatercraftor"auto"to the place where it is finally delivered;(3)Air compressors,pumps and generators,including spraying, but "loading or unloading"does not include the welding,building cleaning, movement of property by means of a mechanical geophysical exploration,lighting and device,other than a hand truck,that is not well servicing equipment.attached to the aircraft,watercraft or "auto". 16."Occurrence"means an accident,including15."Mobile equipment" means any of the following continuous or repeated exposure to substantiallytypesoflandvehicles,including any attached the same general harmful conditions.machinery or equipment: 17."Personal and advertising injury" means injury, a.Bulldozers,farm machinery,forklifts and including consequential "bodily injury",arising other vehicles designed for use principally out of one or more of the following offenses:off public roads; a.False arrest, detention or imprisonment;b.Vehicles maintained for use solely on or next to premises you own or rent;b.Malicious prosecution; c.Vehicles that travel on crawler treads; d.Vehicles,whether self-propelled or not,on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM c.The wrongful eviction from,wrongful entry Work that may need service,maintenance, into,or invasion of the right of private correction,repair or replacement,but occupancy of a room,dwelling or which is otherwise complete,will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury"or "property damage" landlord or lessor;must occur away from premises you own d.Oral,written or electronic publication of or rent,unless your business includes the material that slanders or libels a person or selling,handling or distribution of "your organization or disparages a person's or product"for consumption on premises you organization's goods, products or services;own or rent. e.b.Oral,written or electronic publication of Does not include "bodily injury"or material that violates a person's right of "property damage" arising out of: privacy;(1)The transportation of property,unless f.Copying,in your "advertisement",a the injury or damage arises out of a person’s or organization’s "advertising condition in or on a vehicle not owned idea" or style of "advertisement";or operated by you,and that condition was created by the "loading org.Infringement of copyright, slogan, or title of unloading"of that vehicle by any any literary or artistic work,in your insured;or"advertisement"; or (2)The existence of tools,uninstalled h.Discrimination or humiliation that results in equipment or abandoned or unusedinjurytothefeelingsorreputationofa materials.natural person. 20."Property damage" means:18."Pollutants"means any solid,liquid,gaseous or thermal irritant or contaminant,including smoke,a.Physical injury to tangible property, vapor,soot,fumes,acids,alkalis,chemicals and including all resulting loss of use of that waste.Waste includes materials to be recycled,property.All such loss of use shall be reconditioned or reclaimed.deemed to occur at the time of the physical injury that caused it; or19."Products-completed operations hazard"; b.Loss of use of tangible property that is not a.Includes all "bodily injury"and "property physically injured.All such loss of use damage"occurring away from premises shall be deemed to occur at the time of you own or rent and arising out of "your "occurrence"that caused it.product" or "your work"except: As used in this definition,"electronic data"is (1)Products that are still in your physical not tangible property.possession;or 21."Suit"means a civil proceeding in which(2)Work that has not yet been completed damages because of "bodily injury","property or abandoned.However,"your work" damage"or "personal and advertising injury" will be deemed to be completed at the to which this insurance applies are alleged. earliest of the following times: "Suit"includes:(a)When all of the work called for in a.An arbitration proceeding in which such your contract has been completed. damages are claimed and to which the (b)When all of the work to be done at insured must submit or does submit withthejobsitehasbeencompletedif our consent; oryourcontractcallsforworkat b.Any other alternative dispute resolution more than one job site. proceeding in which such damages are (c)When that part of the work done at claimed and to which the insured submits a job site has been put to its with our consent.intended use by any person or 22."Temporary worker"means a person who is organization other than another furnished to you to substitute for a permanentcontractororsubcontractor "employee"on leave or to meet seasonal or working on the same project. short-term workload conditions. 23."Volunteer worker" means a person who: a.Is not your "employee"; Form SS 00 08 04 05 Page 23 of 24 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 BUSINESS LIABILITY COVERAGE FORM b.(2)Donates his or her work;The providing of or failure to provide warnings or instructions.c.Acts at the direction of and within the c.scope of duties determined by you;and Does not include vending machines or d.Is not paid a fee,salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you.25."Your work": 24."Your product":a.Means: a.Means:(1)Work or operations performed by you (1)Any goods or products,other than real or on your behalf;and property, manufactured, sold, handled, (2)Materials,parts or equipment distributed or disposed of by:furnished in connection with such work (a)You;or operations. (b)b.Others trading under your name; Includes: or (1)Warranties or representations made at (c)A person or organization whose any time with respect to the fitness, business or assets you have quality,durability,performance or use acquired;and of "your work";and (2)(2)Containers (other than vehicles), The providing of or failure to provide materials,parts or equipment warnings or instructions. furnished in connection with such goods or products. b.Includes: (1)Warranties or representations made at any time with respect to the fitness, quality,durability,performance or use of "your product"; and Page 24 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 ABCDEFGHIJ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM A. D. 4.Section LIABILITY AND MEDICAL EXPENSES If the applicable “project” has been abandoned, LIMITS OF INSURANCE is amended as follows: delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from 1. D.The General Aggregate Limit under Section plans, blueprints, designs, specifications orLIABILITY AND MEDICAL EXPENSES LIMIT timetables, the “project” will still be deemed to OF INSURANCE applies separately to each of be the same “project”.your "projects". 5. D.The provisions of Section LIABILITY AND2.The limits shown in the Declarations for Liability MEDICAL EXPENSES LIMIT OF INSURANCE and Medical Expenses, Damage To Premises not otherwise modified by this endorsement Rented To You and Medical Expenses continue shall continue to apply as stipulated.to apply. B.Additional Definitions3.When coverage for liability arising out of the G.“products-completed operations hazard” is The following definition is added to Section provided, any payments for damages because LIABILITY AND MEDICAL EXPENSES of “bodily injury” or “property damage” included DEFINITIONS: in the “products-completed operations hazard” 1.“Project” means “your work” at location(s) away will reduce the Products-Completed Operations from premises owned or rented to you. Aggregate Limit, and not reduce the General Aggregate Limit. Form SS 04 33 04 05 Page 1 of 1 © 2005, The Hartford DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 This page has been left blank intentionally. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 ABCDEFGHIJ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM This coverage is subject to all provisions in the moved from the place where they are BUSINESS LIABILITY COVERAGE FORM not accepted by the "insured"for movement into expressly modified herein:or onto the covered "auto"; or c.After the "pollutants"or any property in which the "pollutants"are contained are A.Amended Coverage: moved from the covered "auto"to the place Coverage is extended to "bodily injury"and where they are finally delivered,disposed of "property damage"arising out of the use of a "hired or abandoned by the "insured".auto"and "non-owned auto". a.Paragraph above does not apply to fuels, B.Paragraph B.EXCLUSIONS is amended as lubricants,fluids,exhaust gases or other follows:similar "pollutants"that are needed for or 1.Exclusion g.Aircraft,Auto or Watercraft does result from the normal electrical,hydraulic not apply to a "hired auto"or a "non-owned or mechanical functioning of the covered auto"."auto"or its parts, if: 2. Exclusion e.Employers Liability does not (1)The "pollutants"escape,seep,migrate, apply to "bodily injury"to domestic "employees"or are discharged or released directly not entitled to workers’compensation benefits from an "auto"part designed by its or to liability assumed by the "insured"under an manufacturer to hold,store,receive,or "insured contract".dispose of such "pollutants"; and 3.f.PollutionExclusion is replaced by the (2)The "bodily injury"and "property following:damage"does not arise out of the operation of any equipment listed in "Bodily injury"or "property damage"arising out paragraphs 15.b.and 15.c.of the of the actual,alleged or threatened discharge, definition of "mobile equipment".dispersal,seepage,migration,release or escape of "pollutants":Paragraphs b.and c.above do not apply to "accidents"that occur away from premisesa.That are,or that are contained in any owned by or rented to an "insured"with property that is: respect to "pollutants"not in or upon a (1)Being transported or towed by, handled, covered "auto" if:or handled for movement into,onto or (1)The "pollutants"or any property in from, the covered "auto"; which the "pollutants"are contained are (2)Otherwise in the course of transit by or upset,overturned or damaged as a on behalf of the "insured";or result of the maintenance or use of a (3)Being stored,disposed of,treated or covered "auto"; and processed in or upon the covered "auto". b.Before the "pollutants"or any property in which the "pollutants"are contained are Form SS 04 38 09 09 Page 1 of 3 © 2009, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission) DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 (2)The discharge,dispersal,seepage, company) for an "auto" owned by him or her migration,release or escape of the or a member of his or her household. "pollutants"is caused directly by such d.Anyone liable for the conduct of an "insured" upset, overturn or damage as a result of described above but only to the extent of that the maintenance or use of a covered liability. "auto".D.With respect to the operation of a "hired auto"and 4.With respect to this coverage,the following "non-owned auto",the following additional additional exclusions apply:conditions apply: a.Fellow employee 1.OTHER INSURANCE Coverage does not apply to "bodily injury"to a.Except for any liability assumed under an any fellow "employee"of the "insured""insured contract" the insurance provided by arising out of the operation of an "auto"this Coverage Form is excess over any owned by the "insured"in the course of the other collectible insurance. fellow "employee’s"employment.However,if your business is the selling, b.Care,custody or control servicing,repairing,parking or storage of Coverage does not apply to "property "autos",the insurance provided by this damage"involving property owned or endorsement is primary when covered transported by the "insured"or in the "bodily injury"or "property damage"arises "insured’s"care,custody or control.out of the operation of a customer’s "auto" by you or your "employee".C.With respect to "hired auto"and "non-owned auto" coverage,Paragraph C.WHO IS AN INSURED is b.When this Coverage Form and any other deleted and replaced by the following:Coverage Form or policy covers on the same basis,either excess or primary,we The following are "insureds": will pay only our share.Our share is the a.You.proportion that the Limit of Insurance of our b.Your "employee"while using with your Coverage Form bears to the total of the permission:limits of all the Coverage Forms and policies covering on the same basis.(1)An "auto" you hire or borrow; or 2.TWO OR MORE COVERAGE FORMS OR(2)An "auto"you don’t own,hire or borrow in POLICIES ISSUED BY USyour business or personal affairs;or If the Coverage Form and any other Coverage (3)An "auto"hired or rented by your Form or policy issued to you by us or any"employee"on your behalf and at your company affiliated with us apply to the same direction. "accident",the aggregate maximum Limit ofc.Anyone else while using a "hired auto"or "non-Insurance under all the Coverage Forms orowned auto" with your permission except:policies shall not exceed the highest applicable (1)The owner or anyone else from whom you Limit of Insurance under any one Coverage hire or borrow an "auto". Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an (2)Someone using an auto while he or she is affiliated company specifically to apply as working in a business of selling,servicing, excess insurance over this Coverage Form.repairing,parking or storing "autos"unless that business is yours.E.The following definitions are added: (3)Anyone other than your "employees", G.LIABILITY AND MEDICAL EXPENSES partners (if you are a partnership), members DEFINITIONS: (if you are a limited liability company),or a 1."Hired auto"means any "auto"you lease, lessee or borrower or any of their hire,rent or borrow.This does not include "employees",while moving property to or any auto you lease,hire,rent or borrow from an "auto". from an y of your "employees",your partners (4)A partner (if you are a partnership),or a (if you are a partnership),members (if you member (if you are a limited liability are a limited liability company), Page 2 of 3 Form SS 04 38 09 09 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 or your "executive officers"or members of their households. This does not include a long-term leased "auto"that you insure as an owned "auto" under any other auto liability insurance policy or a temporary substitute for an "auto"you own that is out of service because of its breakdown,repair,servicing or destruction. 2."Non-owned auto "means any "auto"you do not own,lease,hire,rent or borrow which is used in connection with your business. This includes: a."Autos"owned by your "employees"your partners (if you are a partnership), members (if you are a limited liability company),or your "executive officers", or members of their households,but only while used in your business or your personal affairs. b.Customer’s "auto"that is in your care, custody or control for service. Form SS 04 38 09 09 Page 3 of 3 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 This page has been left blank intentionally. DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Hartford Casualty Insurance Company Sentinel Insurance Company Ltd. XL Specialty Insurance Company 9/10/2020 USI Insurance Services, LLC P.O. Box 7050 Englewood, CO 80155 800 873-8500 800 873-8500 Menendez Architects, P.C. P.O. Box 8036 715 W. Main Street, Suite 104 Aspen, CO 81612 29424 11000 37885 A X X X 34SBWRV9024 09/01/2020 09/01/2021 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A X X 34SBWRV9024 09/01/2020 09/01/2021 1,000,000 A X X X 10000 34SBWRV9024 09/01/2020 09/01/2021 2,000,000 2,000,000 B Y 34WEGIN3844 09/01/2020 09/01/2021 X 1,000,000 1,000,000 1,000,000 C Professional Liability Claims Made DPR9965614 09/01/2020 09/01/2021 $1,000,000 per claim $2,000,000 annl aggr. As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insureds under Umbrella/Excess Liability but only with respect to liability arising out of the Named Insured work performed on behalf of the certificate holder and owner. (See Attached Descriptions) For Proposal Purposes Only ** **, 1 of 2 #S29816350/M29815678 MENENARCClient#: 1086684 PPKZP 1 of 2 #S29816350/M29815678 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) The General Liability, Automobile Liability, Umbrella/Excess insurance applies on a primary and non contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella/Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. Please note that Additional Insured status does not apply to Professional Liability or Workers' Compensation. Partner/Officer WC Exclusion: Luis A. Menendez. 2 of 2 #S29816350/M29815678 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Hartford Casualty Insurance Company Sentinel Insurance Company Ltd. XL Specialty Insurance Company 9/10/2020 USI Insurance Services, LLC P.O. Box 7050 Englewood, CO 80155 800 873-8500 800 873-8500 Menendez Architects, P.C. P.O. Box 8036 715 W. Main Street, Suite 104 Aspen, CO 81612 29424 11000 37885 A X X X 34SBWRV9024 09/01/2020 09/01/2021 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A X X 34SBWRV9024 09/01/2020 09/01/2021 1,000,000 A X X X 10000 34SBWRV9024 09/01/2020 09/01/2021 2,000,000 2,000,000 B Y 34WEGIN3844 09/01/2020 09/01/2021 X 1,000,000 1,000,000 1,000,000 C Professional Liability Claims Made DPR9965614 09/01/2020 09/01/2021 $1,000,000 per claim $2,000,000 annl aggr. As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insureds under Umbrella/Excess Liability but only with respect to liability arising out of the Named Insured work performed on behalf of the certificate holder and owner. (See Attached Descriptions) Luis and Nasrin Menendez 715 W Main St, Ste 104 Aspen, CO 81611 1 of 2 #S29816351/M29815678 MENENARCClient#: 1086684 PPKZP 1 of 2 #S29816351/M29815678 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) The General Liability, Automobile Liability, Umbrella/Excess insurance applies on a primary and non contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella/Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. Please note that Additional Insured status does not apply to Professional Liability or Workers' Compensation. Partner/Officer WC Exclusion: Luis A. Menendez. 2 of 2 #S29816351/M29815678 DocuSign Envelope ID: B88D5F4D-3316-4B57-AA77-2DF555561B66