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HomeMy WebLinkAboutStrand Associates & Oshkosh i CITY OF OSHKOSH i i3 JOIN 1 201f� € DEPARTMENT OF PUBLIC WORKS j 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONY: (920)236-5065 FAX(920) 236-5068 LETTER OF TRANSMITTAL To: Matthew Yentz Date: June 8, 2016 Strand Associates, Inc. Subject: Executed Agreement for Storm Water 910 West Wingra Drive Grant Application Madison, WI 53715 Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment Remarks: Enclosed is the executed agreement for the storm water grant application. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. Original--City Clerk's Office cc: File - Original Signed: Trac L. Taylo 1AEng1neodngW15 CONTRACTS115-18 Ubbey Wtrshad-N Maln St Area Dat Bi3sln•DeslgnlPro ed_lnformaticnIContract lnfolConsullants 5-18 Strand LOT-Executed Agreemnt-SW Grant App 8.8-16.docx AGREEMENT This AGREEMENT, made on the day of 4 , 2016, by and between the CITY OF OSHKOSH, party of the first part, hereinafte referred to as CITY, and STRAND ASSOCIATES, INC., 910 West Wingra Drive, Madison, WI 53715, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for STORM WATER GRANT APPLICATION, ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager, The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Matthew Yentz, P.E. — Senior Associate B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE 11. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: James Rabe, P.E., CPESC — Director of Public Works ARTICLE Ill. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Exhibit A. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. 3AEnginearing2015 CONTRACTS115-18 t.ibbey Washed-N Mafn St Area net Basin- Page i of 5 AesignlPro ect_InformationLContraa tnfo115-18 Strand Agreemnt-SW Grant App_A-22-i6.docx ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re- perform any services not meeting this standard without additional compensation. ARTICLE V. OPINIONS OF COST FINANCIAL CONSIDERATIONS AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VII. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's Exhibit A. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. I:lEngineedngW t5 CONTRACTS115-18 Llbbey Wlrshed-N Maln Sl Asea Det Basin- Page 2 of 5 DesignlPro}eG IafwmaF anlCont act W615-18 Strand Agreamnt-SW Grant App 4,22-18.docx ARTICLE VIII. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts, all of which are as fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. CONSULTANT's Exhibit A dated April 22, 2016 and attached hereto In the event any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE IX. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: Lump Sum $8,500 (Eight Thousand Five Hundred Dollars). B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (30) calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this AGREEMENT executed by both parties prior to proceeding with the work covered under the subject amendment. D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s) not including documentation. ARTICLE X. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related however remotely to the performance of this AGREEMENT or be caused or result from any violation of any law or 1;4Engineering12015 CONTRACTS115-18 Ubbey Wteshed-N hlaln St Area Det Basin- Page 3 of 5 DesignlPro}ect lnforma4onlContract Into115-18 Strand Agreemnl-SW Grant App_4-22-16.docx administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re-use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE XI. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE X11. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this AGREEMENT, the CITY shall have the right to terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (10) calendar days before the termination date, if the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this AGREEMENT. ARTICLE XIII. RE-USE OF PROJECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. CITY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized re-use, change, or alteration of these project documents. I:1EngineeringV01b CONTRACW15-16 Ubbey Wbshed-N Main St Area Det Basin- Page 4 of 5 DeslgnTro}ect_InformalionTontfact Into115-18 Strand AgreemntSW Grant App 4-22-1B.docz ARTICLE XIV. SUSPENSION DELAY OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. ARTICLE XV. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT 4 y t r By: (Seal of Consultant 0 V pope ave if a Corporation) (Specif Title) 9 By. (Specify>* e) CITY OF OSHKOSH By: (Witness) Mark A. Rohloff, City Mana er And. r )(� � -. (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. Cit A rney .... !`_ ity Compt of er IAEngineering=b CONTRACM15-18 Libbay Mrshed-N Main St Area Dat Basin- Page rJ of 5 Design%Pr*cl_tnformaVon%Contracl InM15-18 Stra rid AgreenmtSW Grant App_4.22-16.docx - Stralid Associates, [nc" f11 west 1ldingm f)i e 0 hhac�On,_lh'I 5715 k�Ct'1VED _r f 51-8655 AssoctA-rt-.s=' Af'-f'� 6 2016 Exhibit A DEPToF- u��►�� tv Stormwater Grant Application p H�;psP 11,(SCON-SIN Scope of Services - CONSULTANT will prepare and submit to CITY a Municipal Flood Control Grant Application in draft and final formats. With information provided by the CITY, CONSULTANT will prepare and compile the following grant application components: 1, Prepare a Municipal Flood Control Grant Application (c=orm 8700-291), 2. - Prepare an Environmental Hazards Assessment (Form 1800-001) including a site visit and photos of the project site. 3. Request the proposed project's design drawings and storage volume from AECOM to assist in preparation of a Municipal Flood Control Grant Program Project Evaluation Form. 4. Prepare a Municipal Flood Control Grant Program Project Description and Property Management Plan Form. 5. Prepare a Municipal Flood Control Grant Program Applicant Project Scoring Sheet. 6. Prepare Existing Conditions and Proposed Conditions Maps. 7. Provide a draft resolution to CITY for processing. 8. Compile letters of support into the grant application. CITY's Responsibilities CITY shall be responsible for the following items: 1. Provide three letters of support from interest groups for inclusion in the grant application. 2. Provide a fully-executed authorizing resolution for the project. 3. Submit prepared grant application and corresponding attachments to the Wisconsin Department of Natural Resources before the May 23, 2016, grant application deadline. Compensation CITY will compensate CONSULTANT for Services a lump sum of$8,500. Schedule Services will begin upon execution of an agreement, which is anticipated on April 29, 2016. Services are scheduled for completion on May 18, 2016. R:1MAD1Documents\Agreements101oshkosh,City of(W[)1 5tormwater GrsntApplication.20161AgrTxhibit A.dwx � �l;�a 1 1 1 tC tt:. ONO- I? �=. E r�+ .nein www.strand.cam r�, CERTIFICATE OF LIABILITY INSURANCEF412 DAT 201 DDIYYYY) ACORN 2/2016 THISCERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), F C PRODUCER — NAME: -- Ansay&Associates, LLC. MSN = RECyIVED PHCN o O00-043-6133 FAX No:608-831 7 702 N High Point Road _ E-MAIL Suite 201 --- ADDREss:su s" o eau a s co Madison WI 53717 APR 5 ZV INSURERS AFFORDING COVERAGE HAIG# -INSURERA:CNAI su ance Co a s 89 INSURED STRAASSB�,rT UBLIC �lI�§tIRERC6: Strand Associates, Inc W 1SC'()1=NQuk'hC: 910 W.Wingra Drive QsH1{QSH Of PINSURER D: Madison WI 53715 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:252266624 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !NSR ADPL SUBfi POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INS t 0 POLICY NUMBER MINDDIYY MrND6 A GENERALLIABILITY Y 5099170476 111/2016 1/1/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMFRCiAL GENERAL LIABILITY PREA 1SES Ea occurrence $900,000 CLAIMS-MADE [fl OCCUR MED EXP(Any oneperson) 55,000 X XCU cov.incl. PERSONAL&ADV INJURY $1,000,000 X I31kt.Contractual GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE OMIT APPLIES PER: PRODUCTS-Co MP/OP AGG $2,040,000 POLICY X P,,,,,,i Ll LOC $ A AUTOM0131LE LIABILITY Y 5099170062 1/1/2016 1/1/2017 Ea accdent $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY{Per accident) $ AUTOS N OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Peracadenl A X UISBRELLA LIAB X OCCUR Y 5099170059 1/1/2016 1/1/2017 EACH OCCURRENCE $2,000,000 EXCESS LIAR CLAIMS-MAOE AGGREGATE $2,000,000 DEC) I X I RETENTION 510,004 $ A WORKERS COMPENSATION WC595126844 1/1/2016 1/1120'/7 X WC STLir ATU- OTH- AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNERIEXEGUTtVE❑ N r A E.L.EACH ACCIDENT $1,000,000 OFFICERRdEMBER EXCLUDED? (flandatoryInNFL) E.L.DISEASE-EA EMPLOYEr $1,000,000 If yyes,describe under E.L.DISEASE-POLICY LIMIT $1,040,000 Des OF OPERATIONS below A Professional Liability 8 AEH113974097 7/1112015 7/11/2016 Each Claim 2,000,000 Pollution Liability Aggregate 2,000,000 Full Prior Acts DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) PROJECT: Storm Water Grant Application Preparation PROJ ECT#: 1382.070 City of Oshkosh, and its officers,council members, agents,employees and authorized volunteers are named as additional insured on a primary and non-contributory basis as per written agreement. See attached CNA74879&CNA75079 Thirty(30)days prior written notice of cancellation or non-renewal will be given to the CertiCcate Holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue PO BOX 1 130 AUTHORIZED REPRESENTATIVE Oshkosh WI 54903-1130 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CNA POLICY NUMBER: COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ' DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FOAM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply Unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "Insureds' under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the'policy unless another date Is indicated below. Endorsement Effective: Countersigned By: Named Insured: Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): BLANKET AS REQUIRED By CONTRACT OR WRITTEN AGRE04ENT 0 S 0 o E S 0 G (it no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown In the Schedule is an "Insured" for Liability Coverage, but only to the extent that person or organization qualities as an Insured' under the Who Is An Insured Provision contained In Section II of the Coverage Form. CA 20 48 02 99 Copyright, insurance Services Office,Inc., 1998 Page 1 of 1 CNA PARAMOUNT CNA Blanket Additional insured - Owners, Lessees or Contractors with Products-Completed Operations Coverage Endorsement This endorsement moditles insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PANT It is understood and agreed as follows: 1. The WHO 1S AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured Is required by written contract to add as an additional Insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B.below applies, 1. bodily injury,property damage, or personal and advertising Injury caused in whole or in part by the acts or omissions by or on behalf of the Named insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2, bodily injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury,property damage,or personal and advertising injury arising out of your work described in such written contract, but only if: s 1. this coverage part provides coverage for bodily injury or property damage included within the products S completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional Insured coverage under the 11-85 or 10-01 edition of CO2010 or the 10-01 edition of CG2037. ll. Subject always to the terms and conditions of this policy, Including the limits of insurance, the Insurer will not provide such additional insured with: fl A. coverage broader than required by the written contract; or 0 B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: 4 A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;and 2. supervisory, inspection, architectural or engineering activities;or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage part, IV. Notwithstanding anything to the contrary In the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional Insured whether on a primary,excess,contingent or any other basis. However,it this insurance is required by written GNA75079XX(i-15) Pollcy Na: 5099170076 Page 1 of 2 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: .0 ./01/2016 Insured Name:STRAND ASSOCIATES, INC. Copyright CNA Nf Rghls Reserved. Includes copyrlghted materlal of Insurance Ser&as Office,Ino.,with lis permission. OVA CNAPARAMOUNT Blanket Additional Insured R Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement contract to be primary and non-contributory, this Insurance will be primary and non-contributory relative solely to insurance on which the additional Insured is a named Insured, V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: i. give the insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV, of this endorsement, agree to make available any other insurance the additional Insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim;and 4. tender the defense and indemnity of any claim to any other insurer or self Insurer whose policy or program applies to a loss that the Insurer covers under this coverage part, However, if the written contract requires this insurance to bo primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional Insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the Insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently In effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily Injury or property damage;or 2. the offense that caused the personal and advertising injury for which the additional Insured seeks coverage. Any coverage granted bythis endorsement shall apply solely to the extent permissible by law, All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated In said Policy, unless another effective date is shown below, and expires concurrently with said Policy, CNA75079XX(1-15), : Policy No: 5099570075 Page 2 of 2 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2015 Insured Name: STRAND ASSOCIATES, INC. CopyilgM CNA All Rlghte Reserved, Includes copyrlghted mataclal of Insurance Sorvicea Office,Inc.,vrilh ils permisslon. CNA PARAMOUNT CNA General Liability Extension Endorsement It Is understood and agreed that this endorsement amends the COMMERCIAL. GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Addhional Insureds 2. Additional Insured-Primary And.Non-Contributory To Additional Insured's Insurance 3. Bodily Injury--Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence S. - Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury—Exception for Reasonable Force 8. In Rem Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Ventures/Partnership/LimRed Liability Companies 11. Legal Liability—Damage To Premises 12. Medical Payments 13. Non-owned Aircraft Coverage 14. Non-owned Watercraft $ 16. Personal And Advertising injury--Discrimination or Humiliation 16. Personal And Advartis Ing,Injury-Contractual liability 6 17. Property Damage-Elevators 18, Supplementary Payments 19. unintentional Failure To Disclose Hazards 20. Waiver of Subrogation--Blanket CNA74879XX(1-15) Policy No: 5099170076 Page 1 of 13 Endorsement No, 3 TRANSPORTATION INSURANCE COMPANY Effective Rate: 01/01/2016 Insured Name:STRAND ASSOCIATES, INC. Copyrlght CNA AC Rights Reserved, Includes copyrighfed rnatarlal of Insurance Sanwa office,lnc.,with fts poimisslon, CNAPARAMOUNT CA fA General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to Include as an Insured any person or organization described in paragraphs A. through K. below whom a Named insured is required to add as an additional Insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement; (1) is currently in effect or becomes effective during the term of this Coverage hart; and (2) was executed prior to; (a) the bodily injury or property damage;or (b) the offense that caused the personal and advertising Injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, Including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of Insurance than required by such contract or agreement;or (2) coverage broader than required by such contract or agreement,and In no event broader than that described by the applicable paragraph A.through K.below, Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising Injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-awned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising Injury as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or In part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land ONA74879XX(1-15y Pollcy No; 5099170076 Page 2 of 13 Endorsement No: 3 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2016 Insured Name., STRAND ASSOCIATES, INC . copyright CNA All Rights deserved, Enctudos oopytlghted material of Insurarxo 5eMoes offlce,Enc.,v6lh its permission, CMA CNA PARAMOUNT General Liability Extension Endorsement Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily Injury. property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional Insured, F. Lessor of premises An owner or lessor of premises leased to the Named insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease, The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional Insured. G. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance,or use of a premises by a Named Insured, The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such state or governmental agency or subdivision or political subdivision's liability for CD bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, S canopies, cellar entrances, coal holes, driveways, manholes, marquees, holstaway openings, sidewalk vaults,street banners,or decorations and similar exposures;or b. the construction, erection, or removal of elevators; or c. the ownership,maintenance or use of any elevators covered by this insurance;or $ 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf, The coverage granted by this paragraph does not apply to: a. Bodily injury,property damage or personal and advertising injury arising out of operations performed =_ for the state or governmental agency or subdivision or.political subdivision; or b. Bodily injury or property damage Included within the products-completed operations Hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured, 1. Trade Show Event Lessor 1. With respect to a Named insured's participation In a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional CNA74879XX(1-15) Policy No: 5099170076 Page 3 of 13 Endorsement No: 3 TRANSPORTATION INSURANCE COMPANY Effective Date: 01./01/2016 Insured Name: STRAND ASSOCIATES, INC. Copyright CNA Ari flights Roserred. Includes copyrighted material-or insurance Sarvlces Office,inc.,with ils permiWan. CNA PARAMOUNT QVA General Liability Extension Endorsement insured, but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury caused by: a, the Named Insured's acts or omissions;or b. the acts or omissions of those acting on the famed Insured's behalf, In the performance of the Named Insured's ongoing operations at the trade shout event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily Injury or property damage included within the products-completed operations hazard, J. Vendor Any person or organization but only with respect to such person or organization's liability for bodily Injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business,provided that; 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability In a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; a. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under Instructions from the manufacturer, and then repackaged In the original container; e. any failure to make any inspections,adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make In the usual course of business, in connection with the distribution or safe of the products; f, demonstration, installation, servicing or repair operations, except such operations performed at the such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container,part or ingredient of any other thing or substance by or for such person or organization;or h, bodily injury or property damage arising out of the sole negligence of such person or organization for Its own acts or omissions or those of its employees or anyone else acting on its behalf, However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d.orf.above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J.does not apply to any insured person or organization, from whom the Named insured has acquired such products, nor to any Ingredient, part or container, entering into, accompanying or containing such products. 3. This Paragraph J.also does not apply; a, to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor CNA74879XX(t-t 5) Pollcy No. 509 9170076 Page 4 of 13 Endorsement No: 3 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2016 Insured blame: STRAND ASSOCIATES, INC. Copyrtghl CNA All Rights Reserved, Includes copyrIghted materlat c1 Insurance SetvZos Office,tno.,Wth Its perwgsslon. CNA CNA PARAMOUNT General Liability Extension Endorsement c. if bodily Injury or property damage included within the products-completed operations hazard Is excluded by endorsement to this Coverage Part. K. Other person Or Organization Any person or organization who is not an additional Insured under Paragraphs A. through J. above, Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the.Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service; 2. for bodily injury or property damage included within the products-completed operations hazard; nor 3. who is specifically scheduled as an additional Insured on another endorsement to this Coverage Part, 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL.INSURED's INSURANCE A. The Other Insurance Condition in the COMMERCIAL, GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: - If the Named Insured has agreed In writing In a contract or agreement that this insurance Is primary and non- contributory relative to an additional Insured's own Insurance, then this insurance is primary, and the Insurer will not soak contribution from that other insurance, For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured, B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1X of this endorsement,the following sentence is added to the paragraph above:, Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization, S. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS the definition of bodily injury Is deleted and replaced by the following: b D Bodily injury means physical injury, sickness or disease sustained by a person, Including death, humiliation, shock, mental anguish or mental Injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties In The Event of Occurrence, Offense,Claim or Suit is amended 6 to add the following: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only whan the occurrence, offense or claim Is known to a natural person Named insured, to a partner, executive officer, manager or member of a Named Insured,or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced If the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure Is solely due to the Named Insured's reasonable belief that the bodily Injury or property damage is not covered under this Coverage Part. However, =_ the Named Insured shall give written notice of such occurrence, offense or claim to the insurer as soon as the Named Insured Is aware that this Insurance may apply to such occurrence, offense or claim. CNA74879XX(1-15) Policy No: 5099170076 Page 5 of 13 Endorsement No: 3 TRANSPORTATION INSURANCE C014PANY Effective Date: 01/01/2016 Insured Name; STRAND ASSOCIATES, INC. Copyrlght CNA All Rights Fleas wed. Ineludea cnpyrlghted rmterlal of insurance Services olfioa,?".,with Its perrnls,-4on, CNA CNA PARAMOUNT General Liability Extension Endorsement 6. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete Its Paragraph 3.in its entirety and replace it with the following; 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control; a. on the effective date of this Coverage Part;or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess,contingent or olherwise,which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether Its coverage Is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage Is excluded by another endorsement attached to this Coverage part. For the purpose of this provision, management control means: A. owning interests representing more than 60% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named insureds by virtue of Paragraph 3. above, this Insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor. b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. S. The Insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. ESTATES, LEGAL REPRESENTATIVES,AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be Insured under this policy; provided, however, coverage Is afforded to such estates, heirs, legal representatives, and spouses only for. claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named insured's business. 7. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions Is amended to delete the excluslon entitled Expected or Intended Injury and replace it with the followings: CNA7487OXX(1-15) Policy No; 5099170076 Page 6 of 13 )indorsement No: 3 `X'RANSPORTATION INSURANCE COMPANY Effective Date: 01./01/2016 Insured Name: STRAND ASSOCIATES, INC. Copyright CNA All Mhts Reserved. lnC4udea copyrighted malerlal of Insurance Services office,Ina„wilh Its peninton. CNA CNAPARAMOUNT Genera! Liability Extension Endorsement This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. IN REM ACTIONS A quasi in rem action against any vessel awned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated In the same manner as though the action were in personam against the Named Insured. S. INCIDENTAL HEALTHCARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A—Bodily Injury And property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1)and i.b.(2)with the following: b. This Insurance applies to bodily Injury provided that the professional health care services are incidental to the Named insured's primary business purpose, and only if: 0) such bodily injury is caused by an occurrence that takes place In the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily Injury arising from an occurrence will be doomed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage.A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: 0 I. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability Insurance available to the Insured (or which would have been available but for exhaustion of its o limits). ii, delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability P the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees, M. add the following additional exclusions. This insurance does not apply to. Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status.or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. GNA74879XX(1-15) Policy No: 5099170076 Page 7 of 13 Endorsement No: 3 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2016 Insured Name: STPD ASSOCIATES, INC. copyright GNA All fthls reserved. includes copyrighted material of Insurance services office,Inc„with Its permisslon, CNA PARAMOUNT CNA General Liability Extension Endorsement MedicarelMedicald Fraud any-actuaf or alleged violation of law with respect to Medicare, Medicaid, Trlcare or any similar federal,state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS Is amended to: €. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional healthcare services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Furse; c. Nurse practitioner; d. .Emergency medical technician; e. Paramedic; f, Dentist; g. Physical therapist; h. Psychologist; I. Speech therapist; J. Other allied health professional;or Professional health care services does not include any services rendered In connection with human clinical trials or product testing. 11. delete the definition of occurrence and replace it with the following: Occurrence means a health care Incident. All acts, errors or omissions that are logically connected by any common fact,circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; Ili. amend the definition of Insured to: a. add the following; • the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;and CNA74879XX(1-15) Policy No: 5099170076 Page 8 of 13 Endorsement No: 3 TRANSPORTATION INSURANCE COMPANY Effective Date: 01./01/2016 Insured Name: STRAND ASSOCIATES, INC. Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance SaMces office,rnc„with Its peaffi fon, CNA CNA PARAMOUNT General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily Injury arises out of a health care incident, • the Named insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker white performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs(a), (b),(c)and(d)of Paragraph 2.9.(1)of WHO IS AN INSURED. c. add the following: Insured does not Include any physician while acting In his or her capacity as such, D. The tither Insurance condition Is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Otherinsurance b. Excess Insurance (1)To the extent this Insurance applies, it Is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on,any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage, C, C> 10. JOINT VENTURSS/PARTNERSHIP/LIMITED LIABILITY COMPANIES WHO 1S AN INSURED is amended to delete Its last paragraph and replace it with the following: No person or organization Is an Insured with respect to the conduct of any current or past partnership,joint venture or 2 limited liability company that Is not shown as a Named Insured In the Declarations, except that If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured Is an Insured with respect to Its Interest in such joint venture, partnership or limited liability eompany but only to the extent that: a. any offense giving rise to personal and advertising Injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; 10P b. the bodily injury or property damage first occurred after such tertnlnation date; and a c. there is no other valid and collectible Insurance purchased specifically to insure the partnership, joint venture or limited liability company. 11. LEGAL LIABILITY—DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the.paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following; Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described In LIMITS OF INSURANCE. GNA74879XX(I-I5) Policy No: 5099170076 Page 9 of 13 Endorsement No: 3 TRANSPORTATION INSURANCE COMPANY Effective Date: 01./01/2016 Insured Name. STRAND ASSOCIATES, INC. Gopyrighl CNA AU Rights Reserved. Includes copyilghted material of Insurance SsMces Office,ire„with its permission, CNA PARAMOUNT CNA General Liability Extension Endorsement B. Under COVERAGES, Coverage A -- Bodily Injury and property Damage Liability, the paragraph entitled Exclusions Is amended to delete its last paragraph and replace it wilh the following: , Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named insured or temporarily occupied by a Named insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described In the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5.above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a, any one premises while rented to a Named Insured or temporarily occupied by a Named insured with the permission of the owner; and b. contents of such premises If the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is$200,000. unless a different Damage to Premises Rented to You Limit Is shown in the Declarations, D. The Other Insurance Condition Is amended to delete Paragraph b.(1)(a)(iil), and replace it with the following: (ii) That Is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care,custody or control; E. This Provision 10. does not apply If liability for damage to premises rented to a Named insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 6. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C - Medical payments for all medical expenses because of bodily Injury sustained by any one person.The Medical Expense Limit is the greater of; (1) $15,000 unless a different amount Is shown here: ; or (2) the amount shown in the Declarations for Medical Expense Limit, B. Under COVERAGES, Coverage C — Medical Payments, the Insuring Agreement is amended to replace Paragraph 1.a.(3)(b)with the following; (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and This Paragraph B.does not apply to medical expenses incurred in the state of Missouri. 13, NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled iWxclusions Is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft Is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: CNA74879XX(1-15) Policy No; 5099170076 Page 10 of 13 Endorsement No: 3' TRANSPORTATION INSURANCE COMPANY Effective Data., 01/01/2016 insured Name: STRAND ASSOCIATES, INC. Copyright GNA All Rghfs Reserved. Incudes copy4ghiad mawlal of Insuranaa Swnrlcas Office,hio.,Wh Its permission. CAM CNA PARAMOUNT General Liability Extension Endorsement 1. the pilot In command holds a currently effective certificate issued by the duly constituted authority of the Unitod States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft Is rented with a trained, paid crew to the Named Insured;and 3. the aircraft is not being used to carry persons or property for a charge. 14: NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace It with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long;and (b) not being used to carry persons or property for a charge. 15. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury Is amended to add the following tort: Discrimination or humiliation that results In injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B _ Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: 0 Q Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury,This exclusion shall not apply to discrimination or humiliation that results In injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: S $ (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named insured Is a limited liability company)of the Named Insured. a 2. add the following exclusions: This Insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured, Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or suis-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. CNA74879XX(1-15) Policy No: 5099170076 Page 11 of 13 • Endorsement No: 3 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2016 Insured Name: STRAND ASSOCIATES, INC. Copyright GNA All Rights Reserved. Includes aopyrfghtad tnaterlal of Insurenna Services Office,Inc.,with Rs permiss!cn. CNA PARAMOUNT CAM General Liability Extension Endorsement The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSUREDS of this endorsement; or + attachment of an additional Insured endorsement to this Coverage part. 16. PERSONAL.AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Linder COVERAGES, Coverage B --Personal and Advertising injury Liability, the paragraph entitled Exclusions Is amended to delete the exclusion entitled Contractual Liabilfty and replace it with the following: This insurance does not apply to: Contractual Liabiflty Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement;or (2) assumed In a contract or agreement that is an insured contract provided the offense that caused such . personal or advertising Injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a parry other than an Insured are deemed to be damages because of personal and advertising injury provided: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in such Insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged, B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of Insured contract in !Is entirety, and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insureds business under which the Named Insured assumes the tort liability of another parry to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Sectlon entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND E3: 1. Paragraph 2.d.is replaced by the following: d. The allegations in the suit and the Information the Insurer knows about the offense alleged In such suit are such that no conflict appears to exist between the Interests of the Insured and the Interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 21(2)(b)is deleted and replaced by the following: SO long as the above conditions are met, attorneys fees incurred by the Insurer In the defense of that Indemnitee, necessary litigation expenses incurred by the insurer, and necessary litigation expenses Incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2)of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of Insurance. CNA74879XX(1-15) Policy No: 5099170075 Page 12 of 13 E=ndorsement No: 3 TRANSPORTATION INSURANCE COMPANY Effective fate: 01/01/2016 insured Name:STRAND ASSOCIATES, INC. Copyright GNA All Flights Reserved. Irtcludea copyrighted material of insurance 5erVicea once,Ino.,with fls permisslon, CNA PARAMOUNT General Liability Extension Endorsement D. This PERSONAL AND ADVERTISING INJURY- LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part, 17. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A -- Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions Is amended such that the Damage to Your Product Exclusion and subparagraphs(3), (4)and(6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE -- ELEVATORS Provision, the Other Insurance conditions Is amended to add the following paragraph: This Insurance Is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property Insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the$250 limit shown for the cost of ball bonds and replace it with a $5,000, limit; and B. Paragraph i.d. is amended to delete the limit of $250 shown for-daily loss of earnings and replace It with a $1,000. limit. 19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure, 20. WAIVER OF SUBROGATION-BLANKET O _ Under CONDITIONS,the Transfer Of Rights Of Recovery Against Others To Us Condition Is amended to add the following,- The ollowing:The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations;or 2. your work Included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed In writing to waive such rights of recovery in CQ a written contract or written agreement,and only if such contract or agreement: o 1. Is in effector becomes effective during the term of this Coverage Part; and 2, was executed prior to the bodily Injury, property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and Is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated In said Policy, unless another effective date is shown below, and expires concurrently with said Policy, CNA74879XX(1-15) Policy No: 5099170076 Page 18 of 13 Endorsement No: 3 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2016 Insured Name, STRAND ASSOCIATES, INC. Gapyr1pht CNA Ail F11gh1s Reserved, Ircfades capydgnled maleriaf n1 Insurance Services pftke,lne.,wish fis permission.