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16276
Docusign Envelope ID: 6D86F154-1749-44EE-B8E7-A48A34FD3397 RESOLUTION NO. 16276 A RESOLUTION APPROVING AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND MATRIX DESIGN GROUP, INC., IN THE AMOUNT OF $83,400 FOR PROJECT NO. 25 -113 -FLOOD STUDY WHEREAS, the Proposal by Matrix Design Group, Inc., for Project No. 25 -113 -Flood Study, has been received and examined; and WHEREAS, the Proposal of Matrix Design Group, Inc. was determined to be most advantageous to the City, and in the best interest of the City, based on the evaluation factors set forth in the Request for Proposals; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The City Council authorizes Project No. 25 -113 -Flood Study to be performed, and the contract for said services is hereby awarded to Matrix Design Group, Inc., in the amount not to exceed $83,400 (the "Agreement"). SECTION 2 Funds in the amount of $83,400 will be paid from WW2304-Secondary Clarifier. SECTION 3 The Purchasing Agent is hereby authorized to execute the Agreement on behalf of the City of Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 4. The officers of the City are authorized to perform any and all acts consistent with this Resolution and the Agreement to implement the policies and procedures described therein. Docusign Envelope ID: 6D86F154-1749-44EE-B8E7-A48A34FD3397 SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: March 23. 2026 BY: Brett Boston Signed by: ATTESTED BY: FZ PtD5t DE CLERK MEMBER OF CITY CUNCIL Docu igne /y: APPROVED: PRESIDOff COUNCIL Docusign Envelope ID: 6D86F154-1749-44EE-B8E7-A48A34FD3397 City Clerk's Office Item # M2 COUNCIL MEETING DATE: March 23, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Vince Petkosek, Deputy City Clerk FROM: Andra Ahrens, Director Wastewater SUBJECT: A RESOLUTION APPROVING AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND MATRIX DESIGN GROUP, INC., IN THE AMOUNT OF $83,400 FOR PROJECT NO. 25- 113 -FLOOD STUDY SUMMARY: This Resolution approves the Professional Consulting Services Agreement with Matrix Design Group, Inc.in the amount of $83,400 for Project No. 25 -113 -Flood Study. PREVIOUS COUNCIL ACTION: No previous action. BACKGROUND: This study is being done to accurately reflect the amount of water that would flood the Water Reclamation Facility during a flooding event. The model that was used in 2013 did not reflect the complex conditions near the water reclamation facility. The information gathered in this study will be submitted to both the Federal Emergency Management Agency and the State of Colorado to change the flood maps. This change in mapping is needed in any expansion of the treatment processes at the plant, such as the secondary clarifiers. This evaluation will also inform on any future state or federal government lending decisions. FINANCIAL IMPLICATIONS: The cost of the agreement with Matrix Design Group, Inc. to provide services for the study will not exceed $83,400. Funds are available from the WW2304-Secondary Clarifier. Docusign Envelope ID: 6D86F154-1749-44EE-B8E7-A48A34FD3397 BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: None. ALTERNATIVES: The no -action alternative would cause problems in projects and loan applications with state and federal funding. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 03-23-26 25-113 Matrix Agmt Flood Consultant Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 c:.itL of Jill - P R F ° II"I. 1I IIL SVCES AGREEFVENT BIB N [) IE" E " 1I�" � OF 1 E 11- N [ IIE SIG N GROUP, 1I N C. .!x.....11..11.. "I" FOR F1....1: (.)1) S"T" ( I)1 Page 1 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Agreement #25-113 Title: Consultant for Flood Study PROFESSONALSER�I E REE M EN1E BY N D BETWEEN CflEY OFPUEBLO AN D M TRI DESGN GROUPS, NC. THIS AGREEMENT ("Agreement") made and entered this 25th day of March 20 26 by and between the City of Pueblo, a Colorado Municipal Corporation (hereinafter referred to as "City") and Matrix Design Group, Inc., a Colorado Corporation (hereinafter referred to as "Consultant"), for Consultant to render certain professional consulting and related services for City in connection with Project 25-113 Consultant for Flood Study, hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: A. Consultant shall satisfactorily perform professional project management and coordination; data collection and review; hydrologic and hydraulic modeling; documentation and reporting; coordination with Federal, State, and Local agencies; and related services for the Project described in more detail in Schedule 1 attached hereto and incorporated herein by reference (the "Services"). Such Services shall include all usual and customary professional services incidental to the work on the Project. This Agreement follows the selection of Consultant by City pursuant to a Request for Proposals (RFP). All of the requirements of the RFP are incorporated herein by reference, unless any requirement is expressly excluded in Schedule 1. B. To the extent Consultant performs any of the Project work through subcontractors or subconsultants, Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors or subconsultants aes it is for services performed directly by Consultant or Consultant's employees. C. To the extent Consultant requires access to private property to perform its services hereunder, Consultant shall be required to make arrangements to obtain such access. However, in the event City has already secured access for Consultant to any such property through a right of entry agreement, access agreement, letter of consent or other instrument, Consultant shall fully comply with and be subject to the terms and conditions set forth therein. A copy of any such instrument will be provided to Consultant upon request. . " N I ; I I' I'' ''lll N III °I IIII,III I IVIII A. Consultant shall be responsible for the professional quality, technical accuracy, and timely completion of Consultant's work including and project management and coordination; data collection and review; hydrologic and hydraulic modeling; documentation and reporting; coordination with Federal, State, and Local agencies; all deliverables for the project, and other services (including that performed by Consultant's subconsultants and subcontractors), irrespective of City's approval of or acquiescence in same. Consultant shall be responsible, in accordance with applicable law, to City for all loss or damage to City caused by Consultant's Page 2 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Agreement #25-113 Title: Consultant for Flood Study negligent act or omission; except that Consultant hereby irrevocably waives and excuses City and City's attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13-20-602, C.R.S. or similar statute, whether now existing or hereafter enacted. B. Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work under this Agreement and shall provide all necessary safety and protective equipment for said employees. C. Consultant acknowledges that time is of the essence with respect to the completion of its services under this Agreement. Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant proposes to accomplish its work, with time periods for which it will commence and complete each major work item. Except to the extent the parties agree to time extensions for delays beyond the control of Consultant, Consultant shall adhere to this schedule and perform its work in a timely manner so as not to delay City's timetable for achievement of interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has accounted for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities required for the work, the availability of information which must be obtained from any third parties, and all conditions to access to public and private facilities. D. Before undertaking any work or incurring any expense which Consultant considers beyond or in addition to the Services described in Schedule 1 or otherwise contemplated by the terms of this Agreement, Consultant shall advise City in writing that (1) Consultant considers the work beyond the scope of this Agreement, (2) the reasons that Consultant believes the out of scope or additional work should be performed, and (3) a reasonable estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work until authorized in writing by City. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Consultant shall be compensated for its direct costs and professional time at the rates set forth in Schedule 2 attached hereto. E. Consultant acknowledges that, due to the nature of the services for this project, related professional services, and the impact of same on the Project, the City has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility for services performed under this Agreement. Consequently, Consultant represents that Consultant has selected and intends to employ or assign the key personnel and subconsultants identified in Schedule 4 ("Identification of Personnel, Subcontractors, and Task Responsibility") attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, City shall have the right to object in writing to employment on the Project of any such key person, subconsultant, or assignment of principal responsibility, in which case Consultant will employ alternate personnel for such function or reassign such responsibility Page 3 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Agreement #25-113 Title: Consultant for Flood Study to another to whom City has no reasonable objection. Thereafter, Consultant shall not assign or reassign Project work to any person to whom City has reasonable objection. m� "III I' I' ° NSIB11III A. City agrees to advise Consultant regarding City's Project requirements and to provide all relevant information, data and previous reports accessible to City which Consultant may reasonably require. B. City shall designate a Project Representative to whom all communications from Consultant shall be directed and who shall have limited administrative authority on behalf of City to receive and transmit information and make decisions with respect to the Project. Said representative shall not, however, have authority to bind City as to matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value which is the lesser of $5000 or 5% of the maximum agreement price. C. City shall examine all documents presented by Consultant and render decisions pertaining thereto within a reasonable time. The City's approval of any calculations, data, documents, materials, modeling, reports, summaries, work product, other deliverables, and all information furnished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work. D. City shall perform its obligations and render decisions within a reasonable time under the circumstances presented. Based upon the nature of City and its requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact, when all information reasonably necessary for City to responsibly render a decision has been furnished. A period of 46 days shall be presumed reasonable for City to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required is not within the custody or control of City but must be procured from others. E. Notify Consultant whenever City becomes aware of any substantial development or occurrence which materially affects the scope or timing of Consultant's services. Consultant's obligation to render services shall continue for such period of time as may reasonably be required for completion of the work contemplated in Schedule 1— "Services" and Section 2 of this Agreement. The proposed work schedule attached as Schedule 3 may be adjusted by mutual agreement of all parties. Page 4 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Agreement #25-113 Title: Consultant for Flood Study A. City will pay to Consultant as full compensation for all services required to be performed by Consultant under this Agreement, except for services for additional work or work beyond the scope of this Agreement, an amount not to exceed $83,400.00 in the aggregate as set forth in Schedule 2 "Fee Schedule" and computed in accordance with this Section. In the event compensation for services is set forth in Schedule 2 as to each phase of work indicated in this Agreement, the maximum amount of compensation for any phase shall not exceed the amount specified in Schedule 2 for such phase. B. Consultant shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount set forth above, for actual professional services rendered and reimbursable expenses incurred. Such applications shall be submitted based upon the hourly rates and expense reimbursement provisions set forth in Schedule 2 attached hereto and shall contain appropriate documentation that such services have been performed and expenses incurred. Thereafter, City shall pay Consultant for the amount of the application within 45 days of the date of such application is received, provided that sufficient documentation has been furnished, and further provided that City will not be required to pay more than 90% of the maximum amount unless the Consultant's services on the Project phases for which this Agreement is applicable have been completed to City's reasonable satisfaction and all required Consultant submittals have been provided. C. No separate or additional payment shall be made for profit, overhead, local telephone expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided and listed in Schedule 2 - "Fee Schedule." D. No compensation shall be paid to Consultant for services required and expenditures incurred in correcting Consultant's mistakes or negligence. E. Compensation for authorized work beyond the scope of this Agreement shall be governed by Section 2. A. City reserves the right to terminate this Agreement and Consultant's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, Consultant and its subcontractors shall cease all work, stop incurring expenses, and shall promptly deliver to City all calculations, data, documents, materials, modeling, reports, summaries, work product, other deliverables, and all information as Consultant may have accumulated in performing this Agreement, together with all finished work and work in progress. Consultant shall at all times act in good faith with respect to the orderly transfer of work to the City or any entity designated by City. Page 5 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Agreement #25-113 Title: Consultant for Flood Study B. Upon termination of this Agreement for events or reasons not the fault of Consultant, Consultant shall be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to the date of termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Consultant or City. Consultant shall provide a detailed final invoice to the City within fourteen (14) calendar days from the effective date of termination, itemizing the work completed, costs incurred, and any outstanding payments due. In no event shall payment to Consultant upon termination exceed the maximum compensation provided for complete performance in Section 5, and the Consultant expressly waives any right to claim damages, including but not limited to lost profits, anticipated revenue, or indirect or consequential damages arising out of or relating to the termination for convenience. C. In the event termination of this Agreement or Consultant's services is for breach of this Agreement by Consultant, or for other fault of Consultant including but not limited to any failure to timely proceed with work, or to pay its employees and Consultants, or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by City's Project Representative, then in that event, Consultant's entire right to compensation shall be limited to the lesser of: (1) the reasonable value of completed work to City, or (2) payment at the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. D. Consultant's responsibility for its completed work and services shall survive any termination. Nmlll . GENERAL. RC)VI ONS .:1, . Oiin � �� airs I[ iii uro o f @: oc u m � ��� lim a Calculations, data, documents, materials, modeling, reports, summaries, work product, other deliverables, and all other information/instruments procured or produced by the Consultant in the performance of this Agreement shall be the sole property of the City and the City is vested with all rights therein of whatever kind and however created, whether created by common law, statutory law, or by equity. The Consultant agrees that the City shall have access at all reasonable times to inspect and make copies of all communication, documents, materials, models, notes,plans, technical data, reports, and all other documents pertaining to the work to be performed under this Agreement. In the event City uses the information provided hereunder for another project independent from Project, without adaptation by Consultant, City shall hold harmless Consultant from all loss, claims, injury, and judgments arising from the use of such information for such other project. Unless specifically approved in advance in writing by City, Consultant shall not include representations of the Project in any advertising or promotional materials, except for accurate statements contained in resumes or curriculum vitae of Consultant's employees. If Consultant wishes to include representations in advertising or promotional materials, it shall submit a draft of same and printer's proof of the Page 6 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Agreement #25-113 Title: Consultant for Flood Study proposed advertising or promotional materials to the City for prior review and shall not publish or distribute same unless written approval of the materials is first obtained. In connection with the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, national origin, disability, or age. Consultant shall endeavor to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, national origin, disability, or age. ............................................. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either the City or the Consultant by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid, addressed to the City of Pueblo, Department of Wastewater, Attn: Andra Ahrens, Director, 1300 S. Queens Avenue, Pueblo, Colorado, 81001; or to the Consultant, Matrix Design Group, Inc., Attn: Drew Beck, Vice President, 2435 Research Parkway, Suite 300, Colorado Springs, Colorado, 80920. Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. This instrument contains the entire agreement between the City and the Consultant respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either the City or the Consultant in relation thereto not expressly set forth in this instrument are null and void. Notwithstanding the foregoing, the terms of Project 25-113 Consultant for Flood Study are hereby incorporated herein, and Consultant agrees to abide by and comply with the same. In the event of any conflict between any provision of this Agreement and a provision of any Schedule or attachment to this Agreement, the provision in this Agreement shall control and supersede the conflicting provision in the Schedule or attachment. Any inconsistent resolution provision in any attachment to this Agreement shall be void. A. City acknowledges that Consultant is the prime contractor and the only party with whom City has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through subconsultants or subcontractors, Consultant shall contractually bind each of its subconsultants and subcontractors by subcontract agreement to all of the terms of this Agreement which are for the benefit of City, and City shall be a third -party beneficiary of those subcontract provisions. B. Consultant shall indemnify and defend City from all claims and demands for payment for services provided by subcontractors of Consultant. Page 7 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Agreement #25-113 Title: Consultant for Flood Study C. Consultant acknowledges that, due to the nature of the services to be provided under this Agreement, the City has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility for services performed under this Agreement. Consequently, Consultant represents that it has selected and intends to employ or assign the key personnel and consultants identified in its proposal submitted to City prior to execution of this Agreement to induce City to enter this Agreement. Consultant shall not change such consultants or key personnel except after giving notice of a proposed change to City and receiving City's consent thereto. Consultant shall not assign or reassign Project work to any person to whom City has reasonable objection. This Agreement shall be binding on the parties hereto and on their partners, heirs, executors, administrators, successors, and assigns; provided, however, that neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to the Consultant may be assigned by it without the written consent of the City. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the parties hereto, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person or entity on such Agreement. It is the express intention of the parties hereto that any person or entity, other than the parties to this Agreement, receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. . 8 Ilr ., L "'Ilr ....pr , en, No amendment to this Agreement shall be made nor be enforceable unless made by written Amendment signed by an authorized representatives of both Consultant and City. Colorado law, the Pueblo City Charter, the Pueblo Municipal Code, and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference that conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the County of Pueblo. If any provision of this Agreement, except for Section 2, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to law or the terms of any federal grant, then this entire Agreement shall be void. A. Subject to execution of this Agreement by the Director of Finance certifying that a balance of appropriation exists and funds are available, the amount of money appropriated for this Page 8 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Agreement #25-113 Title: Consultant for Flood Study Agreement is equal to or in excess of the maximum compensation payable hereunder; provided, however, that if work is phased and subject to annual appropriation, funds only in the amount of initial appropriation are available and Consultant shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. B. Financial obligations of the City payable after the current City Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 8. �IIS PUTES Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement which the designated Agreement representatives cannot resolve shall be referred in writing to the Mayor's Office for the City for a final determination of the issue. The Parties agree that participation in this administrative procedure shall be a condition precedent to the initiation of litigation, except in the case of an emergency or other conditions that entitle either Party to seek injunctive or emergency relief from a court of competent jurisdiction, in which no participation in the preceding alternative dispute resolution process shall be required. 9. S L)RIN °E W:1.W ..iir....iiil:ll ')iris A. Consultant agrees that it has procured and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth below. B. Consultant agrees to hold harmless, defend and indemnify City from and against any liability to third parties, arising out of negligent acts, errors or omissions of Consultant, their employees, subcontractors, and consultants. A. Commercial General Liability Insurance. The Consultant shall secure and maintain during the period of this agreement and for such additional time as work on the project is being performed, Commercial General Liability Insurance issued to and covering the liability of the Consultant with respect to all work performed by it and all its subcontractors under the agreement, to be written on a comprehensive policy form. This insurance shall be written in amounts not less than $1,000,000 for each occurrence and aggregate for personal injury including death and bodily injury and $1,000,000 for each occurrence and aggregate for property damage. This policy of insurance shall name the City of Pueblo, its agents, officers and employees as additional insureds. The policy shall also provide coverage for contractual liability assumed by Consultant under the provisions of the agreement. Page 9 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Agreement #25-113 Title: Consultant for Flood Study 1. This policy shall have all necessary endorsements to provide coverage without exclusion for explosion and collapse hazards, underground property damage hazard, blanket contractual coverage, as well as Owner's and Contractor's Protective Liability (OCP) coverage. The policy shall also provide coverage for contractual liability assumed by Consultant under the provisions of the agreement, and "Completed Operations and Projects Liability" coverage. B. Comprehensive Automobile Liability Insurance. The Consultant shall procure and maintain during the period of the agreement and for such additional time as work on the project is being performed, Comprehensive Automobile Liability Insurance. This insurance shall be written with limits of liability for and injury to one person in any single occurrence of not less than $350,000 and for any injury to two or more persons in any single occurrence of not less than $1,000,000. Alternate coverage of combined single limit, each accident, in an amount of not less than $1,000,000 may be accepted at the discretion of the Purchasing Director. This insurance shall include uninsured/underinsured motorist coverage and shall protect the Consultant from any and all claims arising from the use both on and off the site of the project of automobiles whether owned, leased, hired or used by Consultant. C. Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. The Workers' Compensation Insurance policy shall contain an endorsement waiving subrogation against the City. D. Professional Liability Insurance with coverage of not less than $1,000,000 in a form and with a deductible acceptable to City. 93. Liability for claims for injuries to persons or property arising from the negligence of the City, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b). No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. 10. n n E h B L I I The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The Consultant therefore, will use its best reasonable professional efforts to implement applicable ADA requirements and other federal, state, and local laws, rules codes, ordinances and regulations as they apply to the Project. Page 10 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Agreement #25-113 Title: Consultant for Flood Study Consultant certifies that it has complied with the United States Immigration Reform and Control Act of 1986. Consultant represents and warrants that to the extent required by said Act, all persons employed by Consultant for performance of this Agreement have completed and signed Form 1-9 verifying their identities and authorization for employment. The Consultant shall reimburse the City for the full amount of any employer contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association ("PERA") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. The Consultant shall complete the Colorado PERA Questionnaire and the completed form shall be included as an Additional Information of the signed Agreement. The following Schedules are attached to and made a part of this Agreement: • Schedule 1 - "Scope of Services" consisting of 5 pages. • Schedule 2 - "Fee Schedule" consisting of 2 pages. • Schedule 3 - "Work Schedule" consisting of 1 page. • Schedule 4 - "Identification of Personnel, Subcontractors, and Task Responsibility" consisting of 8 pages. A. This Agreement and all other documents contemplated hereunder may be executed using electronic signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable Document Format (PDF) or other readily available file format, or by copy transmitted via email, or by other electronic means and in one or more counterparts, each of which shall be: (1) an original, and all of which taken together shall constitute one and the same agreement, (2) a valid and binding agreement and fully admissible under state and federal law, and (3) enforceable in accordance with its terms. B. This Agreement, together with all Project Documents incorporated by reference , constitutes the entire Agreement between City and Consultant with respect to their subject matter, and may not be amended a modified except by written document signed by both parties. Page 11 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Agreement #25-113 Title: Consultant for Flood Study IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO, A MUNICIPAL CORPORATION MATRIX DESIGN GROUP, INC. Signed by: • DocuSigned by: By fl SA 4"1 f%Vtn1 By 'Jaw 'r�e4s��aS �a Eurns, Director of Purchasing E ' 6W191 , Vice President DocuSigned by: Attest G'4' FC6Fy ef'isIiop, City Clerk BALANCE OF APPROPRIATION EXISTS FOR THIS AGREEMENT AND FUNDS ARE AVAILABLE. Signed by: °'F� Of nn, Director of Finance APPROVED AS TO FORM DEPARTMENT OF LAW -DocuSigned by: kv( 3A c,r obe°r FJagger, Deputy City Attorney [SEAL] 'di Attachments: Schedules 1— 4 and Additional Information for Agreement Page 12 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Scope of Services Excerpt from Request for Proposal dated November 18, 2025, Section 3 The City is seeking proposals from qualified, licensed engineering firms to perform technical analyses, prepare documentation, and support an MT -2 (map revision) application to be submitted to FEMA. The primary goal of this study is to improve accuracy of the effective flood hazard mapping and base flood elevations in the vicinity of the WRF. The awarded Consultant shall complete the tasks as shown in the Scope of Work below. The City may elect to award the project as City deems necessary, as budget allows, and/or as funding is available. s In 2019, the Federal Emergency Management Agency (FEMA) released updated Flood Insurance Rate Maps (FIRMs) and a revised Flood Insurance Study (FIS) for Pueblo County, including the City of Pueblo. These maps indicate that the WRF site is almost entirely within a Special Flood Hazard Area (SFHA). While a small portion of the site is mapped as Zone AO (shallow flooding), most of the site falls within a Zone AE hazard designation and the southern portion of the site also falls within the designated floodway. Base Flood Elevations (BFEs) across the site are substantially higher than ground level. The City requested technical supporting data from FEMA and received information from a detailed study conducted by Anderson Consulting Engineers in 2013. The Arkansas River flood profiles were calculated using 1 -dimensional (1D), steady-state HEC-RAS simulations. An examination of the model setup near the WRF site revealed simplifications in overbank flow representation that may have led to inaccuracies in water surface elevation calculations. Specifically, the use of a 1D, steady-state model without explicit simulation of overbank flows significantly limits model accuracy and does not capture the complex flooding conditions near the WRF site. A more robust hydraulic analysis that accounts for multi- directional overbank flow dynamics is recommended to improve flood hazard mapping and inform future flood mitigation strategies. A. Consultants responding to this request must demonstrate prime personnel, subconsultants, subcontractors, and team members qualified to perform the services detailed in this RFP. B. All professionals, if required by the State of Colorado to perform their services, must show proof of licensing. C. Additionally, Consultants shall be knowledgeable in the regulations and requirements of the Department of Wastewater with respect to the services and work contemplated by this agreement. Consultant(s) shall perform such services and work in compliance with each project. . 4 . : iir s III t: a iiri : lle :: iir iii Ilkk iii III iii :iii : A. Upon completion of any phase, Consultant shall not proceed with work on the next phase, if any, until authorized in writing by City to proceed to next phase or alternate. Page 13 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 B. The Project services shall include all usual and customary professional engineering services and the furnishing (directly or through its professional subconsultants and subcontractors) of customary and usual engineering (including civil, structural, mechanical, and electrical engineering) and other services including design, environmental, and planning. 1. Consultant shall also provide any planning, surveying, engineering, structural, and geotechnical services incidental to its work on the Project. C. Professional engineering services (whether furnished directly or through a professional subconsultant or subcontractor) shall be performed under the direction and supervision of a registered engineer in good standing and duly licensed to practice in the State of Colorado. Reproductions of final drawings for construction produced under this Project shall be the same as at least one record set which shall be furnished to City and which shall be signed by and bear the seal of such registered engineer. D. Surveying work included within or reasonably contemplated in the Project shall be performed under the direction and supervision of a registered Professional Land Surveyor in good standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under this Project shall be signed by and bear the seal of said Professional Land Surveyor. E. To the extent Consultant requires access to private property to perform its services hereunder, Consultant shall be required to make arrangements to obtain such access. However, in the event City has already secured access for Consultant to any such property through a right of entry agreement, access agreement, letter of consent or other instrument, Consultant shall fully comply with and be subject to the terms and conditions set forth therein. A copy of any such instrument will be provided to Consultant upon request. F. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all of Consultant's work, including that performed by Consultant's subconsultants and subcontractors, and including designs, Drawings, Specifications, reports, and other services, irrespective of City's approval or acquiescence to same. Consultant shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its work. G. Consultant shall be responsible, in accordance with applicable law, to City for all loss or damage to City caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and excuses City and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13-20-602, C.R.S. or similar statute. H. Consultant's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope, and nature of the Project. Page 14 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 I. Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work under the Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend City from any and all claims, suits, loss, or injury to Consultant's employees. J. Consultant shall advise City of any approvals and permits necessary for the Project and shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (City shall obtain the required approvals and permits.) K. Consultant shall submit all documentation necessary for City review, approval, or acceptance of, or payment for, any of the services. City's acceptance of the documentation shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of the Agreement. L. Within five (5) days of execution of the Agreement, Consultant shall designate in writing a Project representative who shall have complete authority to bind Consultant, and to whom City should address communications. A. Consultant shall complete the following tasks: 1. Task 1— Project Management and Coordination a. This task covers managing project delivery, including administration of scope, schedule, and budget, as well as preparing progress reports to accompany monthly invoices. It also involves coordinating staff assignments, quality reviews, and compliance efforts to ensure appropriate expertise, technical accuracy, and adherence to applicable standards and guidelines. b. Deliverables: Monthly progress reports 2. Task 2 — Data Collection and Review a. The objective of this task is to collect and review the data and information necessary to support technical analyses and updated flood hazard mapping. Data to be collected may include but are not limited to: the current effective Flood Insurance Study (FIS), Flood Insurance Rate Maps (FIRMs), technical supporting data current effective model for Fountain Creek and the Arkansas River, topographic data, cross-section surveys, planimetric data, locations, details and elevations of relevant structures, and any other data or information required by FEMA. The Consultant shall be responsible for establishing the needed extent and detail of all data and information collection and including that information in their proposal. All topographic data and digital basemaps used for flood hazard mapping must adhere to FEMA's established standards to ensure Page 15 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 accuracy, consistency, and compatibility with national flood risk datasets and regulatory products. b. Deliverables: Technical Memorandum #1: survey and topographic data documentation including acquisition methods, vertical and horizontal datums, scale, resolution, accuracy, and other pertinent metadata. 3. Task 3 — Hydrologic and Hydraulic Modeling a. The objective of this task is to perform updated hydrologic and hydraulic analyses to support a FEMA map revision. The consultant will first evaluate the adequacy of existing hydrologic data and determine whether new analyses are required. If needed, updated hydrologic modeling will be conducted to generate discharge hydrographs and peak flow estimates using appropriate methods. For hydraulic modeling, the consultant will develop an approach that accounts for complex flow conditions, including split flow, overbank flooding, and the influence of non -levee embankments. The modeling approach will be submitted to the client for review and approval prior to execution. All modeling will be performed in accordance with FEMA's Guidelines and Standards for Flood Risk Analysis and Mapping. b. Deliverables: i. Technical Memorandum #2: data review summary and proposed modeling methods ii. Technical Memorandum #3: modeling documentation including methodology, results, and discussion 4. Task 4— Public Outreach and Technical Meetings a. The objective of this task is to support public outreach and stakeholder engagement activities, as well as early coordination with FEMA and/or state agencies working on behalf of FEMA. The consultant will prepare outreach materials such as maps and presentations, coordinating with local officials, property owners, and community groups, and conducting public meetings or workshops to gather input and present findings. Feedback received will be documented and incorporated into project deliverables as appropriate. Public meetings will be scheduled in coordination with the City and limited to affected areas unless otherwise directed. Technical meetings will include participation and coordination with FEMA partners, local agencies, and City representatives. b. Deliverables: i. Outreach materials ii. Meeting summaries 5. Task 5 — Prepare Report and Application Page 16 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 a. The consultant will document the results of the flood study and prepare all necessary materials for FEMA submittal. This includes drafting a comprehensive report detailing the study's methodology, modeling results, and conclusions. FEMA MT -2 application forms and supporting documentation will be completed in accordance with FEMA requirements. Revised Flood Insurance Rate Map (FIRM) panels and Flood Insurance Study (FIS) text will be developed as needed to reflect updated flood hazard information. Draft materials will be submitted for client and agency review. Final deliverables will be provided in digital format, and the FEMA submittal will be made electronically unless otherwise specified. b. Deliverables: i. Draft and final report ii. Completed MT -2 forms iii. Narrative and technical supporting documentation to accompany FEMA submittal iv. Hydrologic and hydraulic modeling files in digital format accepted by FEMA v. Certified topographic work map consistent with FEMA standards vi. Annotated FIRM panels 6. Task 6 — Coordinate with Federal, State, Local Agencies a. The consultant will provide ongoing support and coordination throughout FEMA's review process to facilitate timely and successful approval of the map revision. This includes responding to FEMA's technical and administrative inquiries, addressing comments on submitted materials, and coordinating with the client and relevant agencies to resolve any outstanding issues. The consultant will track review progress, participate in meetings or calls with FEMA and its mapping partners as needed, and ensure that all requested revisions or clarifications are completed in accordance with FEMA's Guidelines and Standards. B. Schedule 1. The activities documented in this Statement of Work (SOW) shall be completed in a timely manner but in no case exceed 24 months after official notice to proceed. If changes to this schedule are required, the consultant shall provide an alternative schedule with their proposal and shall coordinate with the City, FEMA and other necessary Mapping Partners in a timely manner. Page 17 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 1 -PP r,rh,-fil IIP Consultant's Response to Request for Proposal dated December 17, 2025, Pricing Proposal A. Table 1: Total Proposed Cost 1. Submit a grand total proposed "not to exceed" amount each phase of the project. 2. The prices provided shall be "not to exceed" amounts; however, the actual work items performed will be evaluated on a time and materials basis (as shown in Tables 2 - 5) broken down by the work elements in the Scope of Service. (Reference Section B below.) 3. Although the project will be tracked by the phases in Table 1, the not -to -exceed number will apply only to the bottom line (i.e., funds may be shifted between work elements as necessary so long as the bottom line is not exceeded). B. Tables 2 - 5: Time and Materials 1. Submit your company's time and materials rates (T&M) for the Scope of Service in this project. 2. These rates may also be utilized for any change orders or amendments to the Agreement for this project, including additional work agreed upon by all parties. 3. Include standard markup for reimbursable expenses and markup for sub -consultants, and standard per -diem rates (Tables 4 and 5). C. Notes: 1. The quoted prices ("not to exceed", "each", "per hour") must include all administration, personnel, supervision, management, labor, programs, consumable materials, travel (if necessary), insurance, overhead, and profit to perform these services. 2. City may select to award each item of the Scope of Service (or each phase) and any Alternates based on the project needs, budget availability, project management requirements, etc. 3. City must agree to all additional work in writing prior to beginning of additional work. Page 18 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 1 Task 1: Project Management and Coordination Not To Exceed $9,060.00 2 Task 2: Data Collection and Review Not To Exceed $24,000.00 3 Task 3: Hydrologic and Hydraulic Modeling Not To Exceed $22,900.00 4 Task 4: Public Outreach and Technical Meetings Not To Exceed $9,240.00 5 6 Task 5: Prepare Reports and Application Total Principal Not To Exceed 1 Per Person Per Hour $18,200.00 $83,400,00 $300.00 8 Team Leader Per Person Per Hour $225.00 10 Senior Project Manager Per Person Per Hour $210.00 11 Project Manager Per Person Per Hour $200.00 12 Project Lead Per Person Per Hour $190.00 14 QA/QC Manager Per Person Per Hour $200.00 15 Principal Engineer Per Person Per Hour $180.00 16 Senior Engineer Per Person Per Hour $170.00 17 Project Engineer Per Person Per Hour $160.00 18 Design Engineer Per Person Per Hour $150.00 19 Assistant Project Engineer Per Person Per Hour $140.00 20 Engineer In Training Per Person Per Hour $120.00 33 Designer Per Person Per Hour $110.00 39 Technician Per Person Per Hour $100.00 46 Land Surveyor Per Person Per Hour $170.00 48 One -Man Survey Per Person Per Hour $160.00 49 Two -Man Survey Crew Per Person Per Hour $205.00 50 GIS Analyst Per Person Per Hour $120.00 59 Administrative Assistant Per Person Per Hour $110.00 60 Clerical Per Person Per Hour $95.00 The following Line Items have been removed as not applicable. Tablet: 7,9,13,21-32,34-38,40-45,47,51-58,and61-62 Table 3: 63-72 ....4' 73 -74 Table Table 5: 75-77 Page 19 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Work Schedule Excerpt from Consultant's Proposal submitted December 17, 2025, Page 25 The schedule that follows shows the anticipated number of days for each phase of the project. The project schedule has six months to complete the floodplain modeling and preparing the MT -2 application and provides for 18 months for review and acceptance through the LOMR application process. We believe this is a realistic schedule and our recent ability to complete the previous Fountain Creek LOMR process from initial modeling to acceptance by FEMA in approximately 23 months demonstrates our ability to execute a similar schedule. Page 20 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Identification of„Personnel _Subcontractors and Task Responsibility ......... ......... ......... .................. Excerpt from Consultant's Proposal submitted December 17, 2025, Pages 7 - 14 OFtce c'f OF iiii iiini Matrix will act as the prime and only consultant for the performance of the work of this contract and will provide all necessary services to achieve the goals of the project. Key IIII iii iiii iiii IIII The team that Matrix proposes for the Pueblo flood study project includes an accomplished core group of water resources and technical specialists who have worked together on numerous floodplain modeling and watershed planning projects. This group of seasoned and diverse subject matter experts ensures a well -coordinated approach that incorporates a wealth of experience and up-to-date knowledge of evolving trends and state-of-the-art methods in hydrology, hydraulics, floodplain mapping, financial modeling, and program development. The following organizational chart details the anticipated roles of each of our technical team members. Matrix Team Organizational Chart City of e to Drew Beck, PE, CFM, PMP John Hottenstein, PE, CFM Ben Liu, PE, CFM Tori Mack, PE Jordan Becker, PE Noah Olson, El Ryan DeGroot, PE 3D Visualization • CAD • Drone/UAS • Field Services • GIS • Graphic& Digital Design • Survey Page 21 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 DREW BECK, PE, CFM, PMP M.S. Hydrology, ColoradoSchool of incs B.S. Civil Engineering, Santa Clara University Professional Engineer; CO#48153, AZ #66479, CA #66037, Guam #2189 NCEES #54800 certified Floodplain Manager (CFM): #U -09- 04545 Project Management Professional (P PP Drew is a Senior Vice President of Matrix and the Executive Director of the Water and Environment division. He has more than 25 years of engineering experience with a wide range of engineering abilities, including storm drainage modeling/ hydraulic analysis, preparation of drainage reports and construction documents, stormwater management planning, and urban water quality modeling that encompasses best management practices and low -impact development analysis. He also has experience on complex integrated projects requiring multidiscipline solutions on local and regional scales. Paramount in his analysis is understanding the integrated approach that is necessary to solve watershed scale drainage and water quality problems. Drew is the former Board Chair of the Colorado Association of Stormwater and Floodplain Managers. JOHN HOTTENSTELN, PE, CFM ikojEIc.l.. MANAGER M.S. Soil, Water, and Environmental Science, B.S. Biosystems Engineering, University of Arizona (both degrees) Wi Jland Hydrology (Rosgen) Levels #-IV Stream Mechanics, Func tion-Based Framework for Stream Assessment and Restoration Projects Kleinschmi t➢ 10/20 ModeUng with HERAS Engineer; CO#59168 CFM: #U-22-12195 John brings 9 years of experience as a water resource engineer focusing in hydrologic and hydraulic modeling to accurately map flood risk. He has a strong emphasis on watershed -scale analysis and flow characterization to support stream restoration and stormwater infrastructure projects. He has applied a range of hydrologic models and critically evaluates parameters within those models to understand runoff, peak flows, and drainage patterns across diverse watersheds. John is well - versed in selecting appropriate 1D and 2D hydraulic models to analyze complex flooding flow paths to efficiently and accurately evaluate flood risk. He has used 2D models to inform flooding boundaries and evaluate proposed designs to reduce flood risk. He understands the challenges of the FEMA MT -2 process having worked through the process on several approved CLOMRs and LOMRs and actively tries to engage regulators early on in the process for a more streamlined review. as II have the 1plleasuire of coaboiratng wfth John on the IEPaso County Risk II'alp IPhase 2 HydirauUcs Study. He has been a 1piiv tall Ileadeirww. a tiivelly advocating fir their nteirests aind ensuirng that th&iiir cornrnunfty needs aire armlet wfth this tudy. OutsMe of hs to Ihinii all aind Ileadeir lhiilp sks John has brought an eirmllplhatii , Ipira tai all, aind positive a utlla a kk that has motivated the CWCB team to push a uir coaboiratve ve efforts above the geneirall expectation of these 1pir ,ie t w` Ga,aiLLn NlcDani 1, f , C:,V1, COOadplain ��ua�al�:�ul�duuc g:k�°�:�,,oaa�=p°p Mc nqm� Colorado ation BoardI Page 22 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 B EN LLU, PECFM Ben is a highly experienced water resources engineer C with more than 15 years of experience delivering a M.S. Environmental Engineering wide spectrum of projects, including land development (Soil and WaterConcentration), and various municipal, county, and state clients. His Cornell university expertise in water resources encompasses a broad range B,S, Engineering, Co'orado of critical areas, including flood plain management, stream restoration, corridor planning studies, design- rhoo oJfMincs build oversight, and the intricacies of hydrology and Professional Engineer. CO#50470, hydraulics modeling. Ben recently led a study to AZ#52398 convert an approximate Zone A to detailed Zone AE CF :#uu -O7 027.37 Special Flood Hazard Area (SFHA) in Broomfield and he is leading stormwater planning coordination efforts in Johnstown, Greeley, Windsor, and Weld County. He brings a wealth of knowledge to the table in the field of drainage infrastructure design, making him an invaluable asset to any project aiming to navigate the complexities of water management and engineering. TORL MACK, pE Tori has nine years of experience tackling diverse .,k engineering projects essential for floodplain mapping, stream restoration, and stream stability assessment. B.E. Bioprodurts and Biosystems Her portfolio encompasses a wide variety of hydrologic Engineering, University of` and hydraulic modeling, sediment transport analysis, i�>nesota, Twin Cities Mfederal, technical reporting, and a thorough understanding of Wi!Lcflandr !L (Rosgen) ) state, and local permitting requirements. She has provided technical guidance, leadership, and oversight Levels 1 hhI to multi -disciplinary teams focused on the protection Professional Engineer; CO#60994 of community assets, channel stability, flood plain protection, and long-term resilience. Her multifaceted skill set and commitment to excellence make her a reliable and resourceful professional in the field. JORDAN BECKER, pE Jordan has eight years of experience supporting the design and construction of channel restoration and flood risk reduction projects, with a specialization in the B.S. Civil Engineering Fountain Creek watershed. He leads floodplain modeling Technology, Colorado State and engineering analyses to support stream stabilization, university, Pueblo habitat rehabilitation, and public safety improvements, and has extensive experience coordinating with FEMA Professiona!L Engineer" G#5272 and local agencies on floodplain compliance, map revisions, and permitting. Jordan has directed field engineering efforts on several high -profile projects, integrating contractor partnering, public engagement, and client program management. Passionate about multi -use solutions that balance flood resilience, recreation, and environmental restoration, he takes pride in guiding projects from concept through design and implementation while ensuring regulatory compliance and watershed -based design intent. Page 23 of 63 Docusign Envelope ID: A3FB51 E1-34A4-448D-99EB-35DB2D6571 D3 M.S. Soil, Water, and Environmental Science, University of Arizona, 2016 B.S. Biosystems Engineering, University of Arizona, 2014 Wild land Hydrology (Rosgen) Level VI Natural Channel Design, 2022 Wild land Hydrology (Rosgen) Level III River Assessment and Monitoring, 2021 Wild land Hydrology (Rosgen) Level II River Morphology and Applications, 2018 Wild land Hydrology (Rosgen) Level I Applied Fluvial Geomorphology, 2017 Stream Mechanics, Function -Based Framework for Stream Assessment and Restoration Projects, 2017 Kleinschmidt, 1D/2D Modeling with HEC-RAS, 2019 John Hottenstein Ir j t Manager )6111'""IIIIII I Ihiill Illings yez°Is of exppell llellnee a s a7 vvatell Ileso ullce elingb ineell f4.V4'ln,rollling Illln 1111yc6llC:P1.4Pgb c a Ind 11yc6u"al luc Ilrneuudeluung to alccn.ui"ately ITIla ) flood dsk. IHe 1111x s al , doing elmphla1sro s soon walt.eu",ro1hed :' canl.e a Ina ysro s a Ind 111.4:w e111allla Oell"il a1b11oin to su1 l)�IpoiIQ Milez°i,11n Ile„rob.4:Pll"r;1bIIoin z` Ind ,rob'.4 ilili'vvalbell" Illlnl llal,rob.11"l.nebl.nll"e lf'll"cupec4 ro. "pe 1111x s a7 f' f' Iled ai, II"aInge of 11yv611culcug° c IITIIC:Pid6s aInd ell IItJca°n.;y evalllnanb'.es lnallla ITI110ell"s vnlllb'.111IIIIn f111C:se IITIIC"Px66s to l.nllndellsta°nllnd Il�ullnof'f, peal k f1.4:Pws, a Ind 61lalllllna ge lf'a t ell"Iles alcilo„ss di fell"se walt.ellshleds, 6Ohlun li;' vvell nrellsed illn ;' eleoiing al lnpilo. pi ua te'lllf:) a Ind 2 11yc6nan l.lic lnoi6e.,' to a 1unan yce ccullTupnlex fl.00 611nng flow pna1t.1his to ekklideunf ly < lend anccn.uu"a t6y evalllua to flood n"lsk. IHe 1111x7,' luse!d 2 ITn C.VQ.6s to li lnkcuu"ITn fl.00 6uung bo uunda 1"llie„ro al Ind enrol ualt.e p iloc ao ec6 !dery gins to led uce flood uu;' k. He I.0 Indellstan lnQ.6,''�*� f 111e cilia eunge.' off 111e l: MA M�.li..., pnuocess 11x7�1rli ing wolf"kev6 f 1i llolug1111 f 111e piloces O n sevellalI al lf'pil"ovev6 n,.I.,Q)Ml s aInd i OQ Wl s a Ind ac Ik4y b'.IIIle„ro to elinga ge II"egul aTb'.4:P11"s ea`nll"I,y O n Illln f'.111e luiloce„ s fcuu" a ITIOlle ;' ileailnd.lillnev6 levl ievv, RE III,, II, III III' IIE,,,,, P IIE,,,,, R , III CE Iw urllle� ist�� Illkur lil n ge IIIu1°xmlllxllr Crll1°xmxµulm e � i)I i)I' l:)i) `>I'I"IhJiJS, � i)I i)I AI)i) John serves as the Project Manager for the stream stabilization and flooding risk reduction initiative along the Upper Templeton Gap Floodway, a critical effort aimed to improve public safety. The project focuses on reducing hazards at an existing low water crossing that allowed floodwater to spread across an active roadway. John led the coordination of technical assessments, design development, and risk mitigation strategies to ensure the proposed improvements are both effective and constructable. His oversight includes managing engineering teams, reviewing hydrologic and hydraulic analyses, and ensuring that the design met the City of Colorado Springs' stormwater criteria while addressing site - specific challenges. Coordination with regulatory agencies included significant collaboration with CWCB and the El Paso County Risk Map technical team to make sure the proposed improvements by the City were being correctly evaluated with the most up to date engineering analysis across the broader Templeton Gap Floodway assessment. A key aspect of John's role has been his proactive coordination with a wide range of stakeholders and regulatory agencies. This included post -Sackett Gap Waters permitting requirements. John facilitated regular communication among stakeholders, anticipated potential conflicts, and helped all parties remain informed and engaged throughout the project lifecycle. His leadership fosters collaboration and transparency, helping to advance a solution that not only reduces flood risk but also enhances the surrounding environment and infrastructure. PIIr tessio rm 111 l.kur a wa St t�ion III NVI R, � 01 HIPfIM if it tiratiolrm , ,,, t' i iations John reviewed and executed hydraulic modeling work on the Letter of Map Revision (LOMR) for the roadway bridge crossing constructed over the South Platte River that was part of the overall Broadway Professional Engineer: Colorado #59168 Station development. John's responsibilities included reviewing previously completed modeling as part Certified Floodplain Manager (CFM) of the CLOMR submittal, updating modeling conditions to match as -built conditions, and coordination #US -22-12195 with the Mile High Flood District and local floodplain administrators for unique hydraulic modeling scenarios and tie-ins to previously completed floodplain revisions. JJouint Jilin° k"°IlreµerlllrIII gIIICru1 idge PHI I I), � X11 HI;AIII) This project proposed overbank and floodplain conveyance improvements to Fountain Creek where it has been adversely impacted by the installation of bollards that were influencing storm flows of the main channel. John was the design engineer for the early phase of the project to provide grade control along Fountain Creek that would help stabilize a vertical grade difference because of large woody debris that caught sediment behind the existing bollards within the channel. Design work also included large overbank grading to help develop a hydraulically smooth 100 -year floodplain that limited unnecessary expansion and contraction of large flood flows. He was responsible for completing 1D and 2D hydraulic modeling that helped inform iterations of the proposed design approach. Page 24 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 M.S. Hydrology, Colorado School of Mines, 2014 B.S. Civil Engineering, Santa Clara University, 2000 Pur tessi 0 n III If uis it ions, ,,, t uillliations Professional Engineer: Arizona #66479, California #66037, Colorado #48153, Guam #2189 NCEES #54800 Certified Floodplain Manager (CFM): #US -09-04545 Project Management Professional (PMP) Colorado Association of Stormwater and Floodplain Managers (CASFM), Former Board Chair American Society of Civil Engineers (ASCE), and Journal Peer Reviewer Drew Beck OfhcernCharge I IIIr 11ai,„''n IIt1ioil e b'.111a In 5 4 al o11 elingb ineeil lung ex 1pell11einc U111khi al U11Id Ila ing 4411 ein"`b ineei ing ai,hd e 111114P4le lllln"b/ 11y4illa7r,u ll� alllna`i,;y„roll,ror 111'11"e 1alllalbll4Vlln 4V14illaillllnal"be IIe11�4VIa "" g 1,lnd uldhia` in U1lalbel Q,lln<'i�i ty allln4i 4"4ulln,a4n"{4 n4illlln ,;''�44ul111111 4ill"zlllllnal b 4ue,� uun IrIleu4iel ing b1114g11eincorigI1#ITll se a nieq 4�1111111anllnap" elriellnn4 pig al,oJce„Ilaa ndnll4"PU11°#Illlr'ligpa ct de\fe" o4 1i llr'llellnb a ina`i,;'at", IIs' Ne x°i so 1111x s ex11�e1f'Ilellnee o n e4uI111111� ex IIIIntegil a te41 1 i� oi1eo a IIe4:ll.n i ing IIr111u 4114111sd1l)�11111ne ;' eul.ln4114u11n,' o n 4u4x°i al lln4i II"e , 14PIInal,. scalle„ro. llailalllrlleVuinb Illln 11116 ainally,rolls Its uindell to in4i ing the Illlnbegilalbed a1l)'p�ll"C:Pz` oll b llla t Its Ilnece,' sa it y to , okle watell, 111ed „ cal e Gal ina ge al llnd U11a tell Qllna°i,l ty 11�lf'eulr1.eIIt11, . I,)II"evv Its the feulf'lnell l eux°ilf'4i Cha°i it of the n,.4ul4ull<° do A,ro,rooda°itJoiln of mb4ull llnvva tell allln4i 14u4u4i 1.x°i,lllln Ma inz° gell,ro a°illnd II, Illln Co nstalllnt Co ntalct U11IIq 111 CoHex° gue,' o n the lalb'.est Illln 4ili'al ina ge' U1lalbell" Qll.nal ty' a°i,llnd III.eVod4 l)� al in IIneU11s, D. lDE IIII,,,,, IO;;;°V/ N "FOE)( II1f:::' IDE 111111 IDE N C 111: ° I)eurlll(Vista Ill urelil eager IIIu1° IIIxIIr er111° mxµulm e 1O1 ORAIM >I"I"II1 'S,1 01ORAIM Drew serves as the Officer -in -Charge for this stream stabilization and floodplain reduction initiative located along the Upper Templeton Gap Floodway. The project aims to reduce the flood risk at an existing low water crossing that becomes extremely dangerous as flood waters spread across an active roadway. John has provided extensive coordination with project stakeholders from various City departments and state agencies. Proactive coordination will help streamline the review process for a complex project where various disciplines and goals from a variety of stakeholders intersect. JJouint.elil n f.°Ilreµeµlllrf"°IIliainlllmerlll gt�elb llllizat;lioin e ° SoutIIivu1° m ur III':' u1 eµ : 11)�JI'l li', N, 1O1 O1�',N) Drew is the Officer -in -Charge for the project which proposes stabilization of a 60 -80 -foot cut bank which has undermined and caused the closure of Southmoor Drive. Geomorphic parameters applied throughout the lower Fountain Creek Watershed were modified and validated for use in this section of the watershed. Project activities propose the realignment of the active channel away from the eroding bank and installation of toe wood structures as bend protection. In coordination with the geotechnical engineering team, the cut bank is to regraded and stabilized with an innovative geotechnical material. Extensive revegetation and on -site wetland mitigation has been developed to meet USACE Section 404 Permit requirements. This project has received grant funding from Colorado Water Conservation Board. I"III 'IIIxIIlelil n IIIlevilerw Serr ices 01 h1 VI R, 1 011�1��',N) Drew performed peer reviews of technical reviews of Flood Hazard Area Delineation (FHAD) studies Conditional Letter of Map Revisions (CLOMRs) and related HEC-RAS models. The reviews which were conducted for multiple agencies checked split flow hydrologic analyses, verified cross sections, river stationing, bridge geometry, ineffective flow areas, and floodplain and floodway delineations. Ilk IIIIIIfing III°°�IiIIIIIIIe III II IIIxIIleliln III mµ erlll Illxlu merul"m' 01OI'i'N)SIYINW1 ,1O11�RAIM Drew is Officer -in -Charge for the project which provides channel development and stabilization within a future residential development site in southeast Colorado Springs. Large floodplain extents of an ephemeral swale will be reduced to maximize the developable area within the site. Proposed improvements include drop structure installation, stable planform and cross section development. The proposed channel has been developed to accommodate current and future flow conditions. Hydraulic modeling was used to justify a reduction in the size of the proposed drop structures, creating project cost savings. Detailed revegetation plans will help to enhance the ecological value of the project site. Changes in local hydrology due to development and a watershed restudy completed by others paired with the significant reduction in the size of the floodplain, will drive the completion of a CLOMR. t„ dlldsir mlh]i t„� IIIeIIIi Ill ejt u1' IIIJ1relilulnager xe III')IIIein ain III' Iloo III°°len;✓airx urere III': erllllilneMatioin As Officer -in -Charge, Drew oversaw the Major Drainageway Plan and Flood Hazard Area Delineation (MDP/FHAD) study which identified flood risks and developed master plan improvements for eight miles of stream corridor. The project included preparing HEC-RAS modeling for floodplain mapping, used UD- Detention worksheets and EPA SWMM to analyze potential detention improvements to reduce peak flows, and generated cost estimates of alternatives. Page 25 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Educati olirm M.S. Environmental Engineering (Soil and Water Concentration), Cornell University, 2008 B.S. Civil Engineering, Colorado School of Mines, 2001 Protessii n III Registrations/Attiiations Professional Engineer: Arizona #52398, Colorado #50470 Certified Floodplain Manager (CFM): #US -07-02737 Tech Ih in ii 111 S Ilkui 1l1l HEC-RAS FLO-2D SWMM CUHP StormCAD HY-8 ArcGIS Ben is Project Manager for the Third Creek Tributaries MDP & FHAD, which includes Commerce City as Civil 3D the sole stakeholder in addition to the Mile High Flood District (MHFD). Ben's team has completed the Inroads Baseline Hydrology phase of this planning project and is currently working on creating and calibrating a 2D hydraulic model to show flooding patterns in this mostly undeveloped area. Matrix will develop mapping and make concept recommendations within a guidance document to help Commerce City understand the size of drainageway corridors that should be preserved or regulated to reduce flood risks as the region develops. Il lifirx Cirererllly III 1 jevur III'; urelilulnagerxwney III')Illeul"'m llll llloo IIh°le'n;✓:eul'x urea III': erllllilulneMe't'lilxvul"'m Benjamin LiU QQC i 111"rl Its a 11ii1g1hdy exppell llellneey vvalb.ell Ile„roC:Pw. ce. elingb ineell vllllq.1hi oven "15 yeaall of exppelrllellnee de.11velllllinga U11 ide,n11�4"cti."l.nlli'll oII II�IIoieo , IIIInel.l.nQ�llling z°i,IInd Sheve.4PI1�Ilillellnb'.alllnd \fz`i,ll"IIC"u Ili'lll.nllnll4"III1�a` , Co ullnty„ a°i,llnd „rota to el.Ilellnb s. II'wlls exppelr'Vll, e Illln vvatell Ile,''uew� ce„ ellne4ulltll1lnx°i,'se„a a 11rilleVa d Ila°i,linge of ell"Ilbll4"z`i,l. allleas, Illlnel.�.uyllling II.4:PodQ pi al,lllln Imalllna gellrllellnbr ,nb'.II"ealll111 Ile,'' toiP alb'.IIoin, coil II"Ilydoil 1pi al,Ilnllnlllln"b,rob'.l,nylle„, de,''nllgin°° hi ulil.y ovei,siglht, a7liny fllrle lilingiu caleues of Ilrlyyu"eu ogy a7liny Ilrlyyua7 luv, lmodeluung, IHe Ilr1uuun�;s al vveall.flli of vlinovOedge to fllrle tahile Jilin q.Ilrle filel.y of 6aluuntia,ge unn�n"astiu ueq.�.ne de, u�; in„ nruallldin'b Ilrluuru ain uunnra71�uaha.e al„ set to a`i, lny pa iloieet al 11111111 ing to lna vlgate b.11le col qp1 ex.kie„n of vvalbel 1111a lna ge1111e1nb al, lny eingb heel Il ing, RE III,, II: III''''or IIE;;;;: III IIE;;;;: III III IIE;;;;: III CE I. ur e 'we Statioin ICI I'11/I I', � O1ORAIM Broadway Station is the largest transit -oriented development infill site in Denver. Ben was responsible for river hydraulics, floodplain mapping, FEMA permitting, and scour protection design. He evaluated and combined multiple regulatory models for the South Platte River, conducted alternatives analyses, prepared and coordinated the CLOMR package for the proposed Kentucky Avenue Bridge, and performed river gage analyses to advise construction planning. II� II IIlelllelillll°m Ill evieµw Seµur ulemµe 011°I I R, x )I ��1'i',IM Ben conducted technical reviews of Flood Hazard Area Delineation (FHAD) studies and related HEC-RAS models. He checked split flow hydrologic analyses, verified cross sections, river stationing, bridge geometry, ineffective flow areas, and floodplain and floodway delineations. IC"'Owli'm ulxvlll' ul"'me'towiln f":` ul"xmllieurerlll'ierul"'melilxer Stoirul°'xmxvne't'erur III 1ee't'erur IIC:)Ill uln 10111NSIO"'JI'l, ( 0101'Af:0 Matrix is completing a storm drainage master plan for an approximately 55 -square -mile watershed. AE Project Manager, Ben is responsible for project communications, public meetings, data collection, baseline hydrology and hydraulics, alternatives analysis, and conceptual design. The first phase that his team completed was an Existing Infrastructure Assessment to help Johnstown understand what stormwater information it has, and which data should be prioritized for field collection efforts. Ben's team developed a 2-D HEC-RAS model to identify surface runoff patterns and hydrologic flow splits, and created a series of exhibits and tables that compared potential inundation areas to existing stormwater infrastructure sizes and development boundaries. The Town has been able to supplement its limited staff and resources by leveraging the technical proficiency of the Matrix team to quickly address additional urgent stormwater tasks as they popped up. �ulul . f°:`urerer x ""III""ul'ul ux'�'eurulere Ille cur III':ureulul"'me, ;erg IIC:� ul'.m ul'.m IIC evev Ill..���:ur urea I erllllillumeµe ;lil un AI)A1'IS � ��i,. N 1°r, � 01 �:�L��' IM Ben was Project Engineer for the Third Creek MDP/FHAD, which included four stakeholders in addition to the Mile High Flood District (MHFD). Since the watershed is anticipated to undergo significant development over the coming decades, a more geomorphic approach to watershed planning was used. The Stream Management Corridor (SMC) concept was introduced to better define the total amount of lateral space the future creek will need, which can be more than the regulatory floodplain in some cases. Ben was responsible for updating hydrologic models, 1-D hydraulic models, floodplain mapping, technical reports, and comment response documentation. Page 26 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 B.E. Bioproducts and Biosystems Engineering, University of Minnesota, Twin Cities Wild land Hydrology (Rosgen) Level III River Assessment and Monitoring, 2024 Wild land Hydrology (Rosgen) Level II River Morphology and Application, 2023 Wild land Hydrology (Rosgen) Level I Applied Fluvial Geomorphology, 2022 Designing Low Tech PBR - Utah State University, 2024 River Sediment Dynamics, River Restoration Northwest, 2020 Protessi 0n III Registrations/Attiiations Professional Engineer: Colorado #60994 Tori Mack HydroHydroogy Analysis Task Lead I II"III 11a1„ Ilnllllne yea°i,lIs oII exppell llellnce balcl<Illling dwell, e elingb ineell Illing hill"eupec4 ro e,''nselloJa° foil I I.4:PodP l)� a°i,lllln ITIIa1lT'lT�llling' „*b'.II'eal11TH Ile,'' toiP alN'.Iloinr a Ind ,n ilea lln ,roN.r°l lld IINy x°i,'se„ silT'Ilelln4. Hell" extelln,'' kle poilu`114:P.Io ellncoil I11l�a s es a7 U11 de valllIlety of 11yxllrculog� c aInd 11yxlIl"r° a Ile Ili11odelIlling'se IIilnellnb NIIalIInsnpollN alllna° y,rolls' 4ee11111dcal. II"eppoilNllling' a In i al. b'.1iollC"Vinghl lnlln cell, b',zlllnSillling of fedell"a`i , „roNalt'.e, a Ind .ocaz lliell"Ili'lllkfiing ueq uuueilnell s' y1111e 1111x s pnilovlidecl 4ec1hlildcall g uudalunce„ lea deu";' 1hl1ul)' a7llnd oven au'j; hlt to IIT11�.OJ Silks ll�lllllna° ily tea llnis foc�u, ed O n 4111e pa�llwec4'.Ileulln oII 4 oilT'IIIITIIInllniky assets, e111alllnllne. Mal llilllltyr fII4:o ll�la°i,lllln lr�ilmedoin„and Icuun^;,'b 4ennT11 lesuJeunce. II Neu° IITu�.OJfalceq.eri , Ilrlill.;' et a7llnd ccuuru1IT11k.Ilrueun4 to excell.ellnce uruake 1111eu" a Ilelllallhn e a nd ueso uucef ul. p1ilofe„ro„zlioinal lilln g1111e fiel.xl. RE III,,,,, O sAN''''or IIE;;;;: III IIE;;;;: III III IIE;;;;: III CE ll aaurur III aaurul° m f°Illaaaul°mllndll 'taalllalillllizaa't'ail un 11I 10, � HI �lPAIM This project was completed in two parts to stabilize 40+ foot high, actively eroding cut banks which were eroding into agricultural land and had disrupted multiple utility lines. On Phase 1, a demonstration of the use of toe wood bend protection within the unconsolidated bed of Fountain Creek was completed. For Phase 2, toe wood was used exclusively for bend protection of over a mile of channel stabilization. Channel design included identification areas of ecological value to protect during design and construction using field reconnaissance and GPS mapping. Hydraulic and sediment transport modeling were completed to ensure the stability of the project reach. The project included realignment of the channel away from the eroding banks, establishment of a stable planform using regionally appropriate reference reach parameters, and revegetation. II'" ! untaalil n f:°Ilrxµxµlllk CllaaaulmlllWll 'taalllalillllizaat'ail uln aa'°u'11h irnooir III:'l urive : I �r�UN IAIhI, � 01 �lIPAI.M This project proposes stabilization of a 60 -80 -foot cut bank which has undermined and caused the closure of Southmoor Drive. Geomorphic parameters applied throughout the lower Fountain Creek Watershed were modified and validated for use in this section of the watershed. Project activities propose the realignment of the active channel away from the eroding bank and installation of toe wood structures as bend protection. In coordination with the geotechnical engineering team, the cut bank is to regraded and stabilized with an innovative geotechnical material. Extensive revegetation and on -site wetland mitigation has been developed to meet USACE Section 404 Permit requirements. This project has received grant funding from Colorado Water Conservation Board. 'TechInleall SIkuillllll l r ! f.°IlrxµCµlllk IIIkCr 't'� uraa't'�IiI u1°m aaul°m ' Ilh°°hall lil �a''; III ulmllha alu°m xµlu mCru1°m .: Ali I l IRI I I1, l)I �lI'i',Il0 Stabilization and enhanced fisheries habitat were provided for approximately 1,700 feet of a highly Geomorphology incised section of Trout Creek in this project. Design elements included boulder grade control Process -Based and Form -Based Stream structures, large wood and sod mats for bend protection, a stable meander planform, and a Restoration and Design reconnection of the bankfull channel with a functional floodplain. Considerations for fish passage and the enhancement of the riparian health of the system were incorporated in the design. Matrix worked Hydraulic and Hydrologic Modeling closely with the USACE Sacramento District to obtain a Nationwide 27 Permit. This included estimates of Sediment Transport Modeling effects to wetlands within the project area, obtaining an archeological inventory of the site, and USACE Section 404 Permits development of a post -project monitoring plan. Colorado Stream Quantification Tool I a ararul"'m III Iaau1"'m! u1°'aa ruln't f":`ur r rlllx IIP Illaaaax lll'a1111a1i1u1"'m QIII' IIC III"'t'! III"'mlirt'lil rrl 't'! ' FEMA Floodplain Permitting This project developed an inventory and system of project prioritization for channel projects in the Local Permit Requirements Monument Creek watershed in Colorado Springs. Extensive field reconnaissance and documentation Grant Writing and Support were required in support of the desktop analysis to identify and categorize unstable areas within the Technical Writing watershed. Large sections of unstable channel were surveyed by engineering teams to evaluate the degree of channel impairment and validate desktop analysis. The inventory developed will allow the Floodplain Mapping City of Colorado Springs and USAFA to prioritize project funding to target the most at -risk channels within the Monument Creek Watershed. Page 27 of 63 Docusign Envelope ID: A3FB51 E1-34A4-448D-99EB-35DB2D6571 D3 B.S. Civil Engineering Technology, Colorado State University Pueblo, 2017 Protessi O n III if ui it ui urm , ,,, t ui 111 i a t i o m Professional Engineer: Colorado #64272 Stormwater Management & Erosion Control During Construction (GEC) Certified ASCE Southern Colorado, Scholarship Program Coordinator Colorado Association of Stormwater and Floodplain Managers (CASFM), Southeast Region Rep CASFM HEC-RAS 1D Modeling Course "rhurmuilll SIkuillllll Hydraulic and Hydrologic Modeling Floodplain Mapping Geomorphology Process -Based and Form -Based Stream Restoration and Design FEMA Floodplain Permitting Local Permit Requirements Technical Writing Field Construction Engineering Jordan Becker H dr uuhc Anayss Task Lead III":�Mllltl 11iias elight, yea Is of ex"peidellnc s ulp�p ullullling 81114 des, ligin aInd oin, 4.li'l.0 glloin of oilallnlfn6 ue„at oua tJ olln a nd fleoeod uu, k led ucq'J olln p it opects, v� khl a sropecual,1.'lifial4.'IiC.olln lion 4111e f eowflal ills uAeek walt.ellshled, He eai,Sis fleoeodipa allllln I1111odelllling x°illnd elingb ineellllling z°i,llnall'a ses to „rolulp'poil Milea°i,IIn robz°i,hdil ealb'.'Ioin' 11a11nilbat lehlla°i,lad' kalb'.'Ioin' al lnd l;nl.uhai c „roafet nl"eVn/elTleln4.'!ar al lnd 11as extelnskle exppellllellnce cC"oleillllnz° tJing U11'l1q.1111 II II MAaInd 1oca° a gellne'lle, 4:VIIn fl.eocodipa a°illlln coiln1111�1'llaince' IITIIa° l) Ile\fll."a'IIoins' a Ind pa�eililnkt'i �uuneeiding effcoilt coon , eveual Illlu"; hll p it ofl e p it opectsy lun;b. Jeou"cialun 1111ai,"a duuec4ed fuelai eon,, aegib a tJing coilnbllaie 014 1pal,ll'"tinell lllingy 1p ulhli c ells,,"iba gellnellnbr a Ind el llellnt llnll"C gi" ai,Imi IITIIalllna geImell , llal„ro„''';z Io lnalbe a `nio ut IT'Il0i lu, e sC"Pllub'.'Io Ins blllalb'. `aiallal lnce f ood le"s 111le In °.er lecleal,b'.'olnr a°i, Ind ellnlrliucounilnelingall ue„*t oualb.'IiC.ollnr 1111e tallkes pa�uude lilln g uuriuung p it opecq. fn"eollTu ccounceppt g1111uC"olughl desugin a nd n.ellTllellnbz°i,b'IICVIIn U1111'llle elln,''al.ull"Illing Ile"'bl.ulalb'.4:P11"y coil I111�111alllnce al,Ilnd walbe11shled nia sed de„rollgin Iilloello, RE III,, II: III''''or IIE;;;;: III IIE;;;;: III III IIE;;;;: III CE JJouintaalil n k':°Ilr µeµlll(� k":Alfa ulmlin6ll III~ estoir t��lioin . 1 P� 111 t.IIr µCr . ; I"�III I1�I 0, � 01 �)PAIM Jordan served as the Design/Field Engineer on this channel restoration project that included design and construction support for approximately 2,500 linear feet of natural channel restoration along Fountain Creek in downtown Pueblo, Colorado. The goal of the project was to stabilize eroding banks by restoring the bankfull channel, connecting to the adjacent floodplain, and restoring the riparian habitat through biodegradable materials and plantings. Jordan aided in the design of bank stabilization, bend scour analysis, rock sizing, and hydraulic modeling; he compiled and reviewed technical specifications and contract documents; and he coordinated extensively with the contractor and client to give technical guidance, implement change orders, and provide field engineering. Jordan also worked to secure the needed SB 40 Certification (Colorado Parks and Wildlife) General 404 Permit, Section 401, and 408 Water Quality Certification Permitting. This project was certified by the City of Pueblo Floodplain Manager as having No -Rise in the FEMA floodplain. IJ'aaurlllk Vist��aa Ill ura lilulnaa e IIIu1° IIhAIIr Cr1irneint ; � 010PA1:M SI'I"IIN1 S, � 010PAIM Jordan serves as the Design Engineer of the floodplain reduction and stream stabilization initiative located along the Upper Templeton Gap Floodway. He is responsible for the detailed 1D and 2D hydraulic modeling to evaluate proposed alternative drop structure configurations that minimize materials and provide adequate energy diffusion. Jordan is responsible for designing safe solutions for the multiple large utility conflicts that existed in the channel corridor. He also is the design lead for modifications to the existing stormwater outfalls. The task includes modifying the outfalls to seamlessly tie into the channel design and provide proper erosion control measures. Finally, to ensure transitions between proposed improvements, Jordan coordinates between the multi -disciplines that contribute to the structural and roadway improvements. Cott Inwood k°IIrCr µlllk k�`Ilhfaaulmlindll III'bCrllh 11 lilllllir lil ulm 01 HI;AIM SI"I'IIIJ �S, � 01HI AIM Jordan served as a Design Engineer for 9,000 linear feet of channel restoration to address substantial eroding banks, steep existing slopes, and dangerous existing stormwater infrastructure. He was responsible for optimizing drop structure footprint, analyzing bend scour protection, and integrating existing storm outfalls into a channel that reconnected the adjacent floodplain. Jordan focused on creating a design approach that provided long-term channel stability, satisfied City design criteria, and included aesthetic structural and revegetative elements that provide recreational opportunities to the community. I IIImD111 2M111n l llraalin if tirea11ir I~ estoiral't'��Ill lllm � 01HI AIM ` III I IIJ � , � 01 HI'/TI.M Jordan served as Design Engineer on this multi -phase stream restoration project within an actively eroding stream channel. Jordan utilized natural channel design principles to improve stability and establish wetland vegetation and Prebble's Mouse habitat. He performed analysis that included detailed scour analysis, rock sizing, and hydraulic modeling. Jordan helped coordinate the construction effort that included the review of technical specifications and contract documents. He also coordinated extensively with the contractor and client to give technical guidance, implement change orders, and provide field engineering. Page 28 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 IIIII iti iii iii ° iii iii fl iii ° r IIIII ire iii iii ° Certificate of Good Standing PERA Questionnaire Insurance Certificate(s) Page 29 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 For this Record... Filling history and documents Get a certificate of good standing Fille a farm Subscribe to emaill notification Unsulbscriilbe firom emaill notification Subscribe to text notification Unsulbscriilbe firom text notification Business (Home Business a'infoirmatioin Business Search FAQs, Gliossairy and a'infoirmatioin Summary Details Name MATRIX DESIGN GROUP, INC. Status Good Standing Formation date 09/03/1999 ID number 19991166730 Form Corporation Periodic report month September Jurisdiction Colorado Principal office street 2435 Research Parkway, Suite 300, Colorado Springs, CO 80920, US address Principal office mailing 2435 Research Parkway, Suite 300, Colorado Springs, CO 80920, US address Registered Agent Name C T CORPORATION SYSTEM Street address 7700 E Arapahoe Rd Ste 220, Centennial, CO 80112, US Mailing address 7700 EArapahoe Rd Ste 220, Centennial, CO 80112, US Filing history and documents Get a certificate of good standing, Get certified copies of documents File a form Setup secure business filing, Subscribe to email notification Unsubscribe from email notification Subscribe to text notification Unsubscribe from text notification II .. Back .. ..II Page 30 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, MATRIX DESIGN GROUP, INC. is a Corporation formed or registered on 09/03/1999 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 19991166730 This certificate reflects facts established or disclosed by documents delivered to this office on paper through 02/09/2026 that have been posted, and by documents delivered to this office electronically through 02/10/2026 @ 10:29:39 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 02/10/2026 @ 10:29:39 in accordance with applicable law. This certificate is assigned Confirmation Number 18195964 Secretary of State of the State of Colorado End of Certificate Notice: A certificate issued electronically from the Colorado Secretary of State's website is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's website, https://www.coloradosos.gov/bizICertificateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance ofa certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our website, https://www.coloradosos.gov click "Businesses, trademarks, trade names" and select "Frequently Asked Questions. " Page 31 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24-51-1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes_, No XX (If you answered "no" please proceed to signature section at bottom of this page.) (b) If you answered "yes" to (a) above, please answer the following question: Are you an individual, sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? For purposes of responding to this question, an "affiliated party" includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half -siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. Yes , No If you answered "yes" please state which of the above entities best describes your business (c) If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Please provide the name, address, date of birth, and social security number of each such PERA Retiree. If more than two, please attach a supplemental list. Name Address DOB Social Security Number Name Address DOB Social Security Number Failure to accurately complete, sign and return this document to the City of Pueblo may result in you being denied the privilege of doing business with the City of Pueblo. Company Name: Matrix Design Group, Inc Authorized Signature: — ~ Title: Ancoueots R 'pivahle Adrnioictratrr Printed Name: R herra jone c Date: 05.29.2025 Page 32 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 MATRIfFS ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)2/23/2026 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). PRODUCER CONTACT NAME: USI Insurance Services, LLC PHONE g00 873-8500 FAX A/C, No, Ext): (A/C, No): 4600 S. Ulster Street, Suite 1200 E-MAIL den.certificate@usi.com ADDRESS: Denver, CO 80237 INSURER(S) AFFORDING COVERAGE NAIL # 800 873-8500 INSURER A: Continental Casualty Company 20443 INSURED INSURER B: Continental Insurance Company 35289 Matrix Design Group, Inc. INSURER C: Valley Forge Insurance Company 20508 2435 Research Parkway, Suite 300 INSURER D: XL Specialty Insurance Company 37885 Colorado Springs, CO 80920 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTRINSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X 6081785403 10/01/2025 10/01/202 EACH OCCURRENCE $1,000,000 CLAIMS -MADE L* OCCUR PREMISES (EO . occurrence)RENTED $1,000,000 MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO II - POLICY X JECT LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED II SCHEDULED AUTOS ONLY I I AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY X X 6081785398 10/01/2025 10/01/202 COMBINED SINGLE LIMIT Ea accident$1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ B )( UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X 6081785417 10/01/2025 10/01/202 EACH OCCURRENCE $4,000,000 fl AGGREGATE $4.000.000 C WORKERS COMPENSATION X 6081785384 10/01/2025 10/01/202 X PER 0TH - AND EMPLOYERS' LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional X DPR5048662 10/01/2025 10/01/202 $2,000,000 per claim Liability $5,000,000 annl aggr. Claims Made DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 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) CERTIFICATE HOLDER CANCELLATION City of Pueblo, a Municipal Corporation 230 S. Mechanic Street Pueblo, CO 81003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 2 #S53014680/M51004073 © 1988-2015 ACORD CORPORATION. All rficIits reserved. age o The ACORD name and logo are registered marks of ACORD PXPZP Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 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. The policies include a blanket endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier. RE: 25-113 Consultant For Flood Study. Additional Insured Includes: The City of Pueblo, its agents, officers and employees SAGITTA 25.3 (2016/03) 2 of 2 Page 34 of 63 #5530146801M51 004073 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 CNA CNA PARAMOUNT General Aggregate Limit - Per Project Endorsement Th s endo sement mod f es insu ance p ov ded unde the fo ow ng COMMERCIAL GENERAL LIAB L TY COVERAGE PART t is understood and ag eed as fol ows: I. Fo each s ngle const uct on o se v ce p oject away f om p em ses the Named Insured owns o ents, a sepa ate Project Gene a Aggregate Lim t, equa to the amount of the Gene a Agg egate L m t shown n the Decla at ons s the most the nsu e w pay fo the sum of: A. a damages unde Coverage A, except damages because of bodily injury o property damage nc uded n the products -completed operations hazard; and B. a med ca expenses unde Coverage C; that a se f om occurrences o acc dents wh ch can be att buted so e y to ongo ng ope at ons at that p oject. Such payments sha not educe the Gene a Agg egate L m t shown n the Dec a at ons no the P o ect Gene a Agg egate L m t app cab a to any othe p o ect. It. A: A damages unde Coverage B, ega d ess of the numbe of ocat ons o p o ects nvo ved B damages unde Coverage A, caused by occurrences wh ch cannot be att buted so e y to ongo ng ope at ons at a s ng e p o ect, except damages because of bodi y njury o property damage nc uded n the products completed operations hazard; and C med ca expenses unde Coverage C caused by acc dents wh ch cannot be aft buted so e y to ongo ng ope at ons at a s ng e p o ect w educe the Genera Agg egate L m t shown n the Dec a at ons III The m is shown n the Dec a at ons fo Each Occu ence fo Damage To P em ses Rented To You and for Med ca Expense cont nue to app y but w be sub ect to e the the P o ect Gene a Agg egate L m t o the Gene a Agg egate L m t shown n the Dec a at ons depend ng on whethe the occurrence can be att buted so e y to ongo ng ope at ons at a pa t cu a p oject IV When cove age fo ab ty a s ng out of the products -completed operations hazard s p ov ded any payments fo damages because of bodily injury o property damage nc uded n the products -completed operat ons hazard w educe the P oducts Comp eted Ope at ons Agg egate L m t shown n the Dec a at ons ega d ess of the numbe of p o ects nvo ved V If a s ng e const uct on o se v ce p o ect away f om p em ses owned by o ented to the Named Insured has been abandoned and then esta ted o f the autho zed cont act ng pa t es dev ate f om p ans b uep nts des gns spec f cat ons o t metab es such p o ect w st be deemed to be the same p o ect VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. This mmendorsement, mmwhich mmforms mammofmandmmismformattachmentmtomthemmPolicyissued thedesignated Insurers, takesmmeffect .. part yby 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. CNA75061XX (1-15) Policy No: 6081785403 Page 1 of 1 Endorsement No: AMERICAN CASUALTY CO OF READING,PA Effective Date: Insured Name Copyright CNA Al R ghts Reserved. Includes copy gh ed ma e a of nsu ance Se v ces 0 ce, nc w h s pe mss on Page 35 of 63 Docusign Envelope ID: A3FB51 E1-34A4-448D-99EB-35DB2D6571 D3 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage; and C. 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. Coverage broader than what you are required to provide by the written contract; or 2. A higher limit of insurance than what you are required to provide by the written contract. Any coverage granted by this Paragraph I. shall apply solely to the extent permissible by law. II. If the written contract requires additional insured coverage under the 07-04 edition of CG2010 or CG2037, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage. III. But if the written contract requires: A. Additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. Additional insured coverage with "arising out of" language; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. CNA75079XX (3-22) Page 1 of 3 Copyright CNA All Rights Reserved. Page 36 of 63 Docusign Envelope ID: A3FB51 E1-34A4-448D-99EB-35DB2D6571 D3 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement IV. But if the written contract requires additional insured coverage to the greatest extent permissible by law, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. V. 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: 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. VI. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this Coverage Part: Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. Primary and non-contributing with other insurance available to the additional insured; or 2. Primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VII. 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: 1. Give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. 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 3. Make available any other insurance, and endeavor to 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 be primary and non-contributory, this paragraph 3. does not apply to other insurance under 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. CNA75079XX (3-22) Page 2 of 3 Copyright CNA All Rights Reserved. Page 37 of 63 Docusign Envelope ID: A3FB51 E1-34A4-448D-99EB-35DB2D6571 D3 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement VIII. 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 you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: A. 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; and B. Is still in effect at the time of the bodily injury or property damage occurrence or personal and advertising injury offense. 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. CD 0 U, CO O U, 0 N O CD CO O O O O N O O CNA75079XX (3-22) Page 3 of 3 Copyright CNA All Rights Reserved. Page 38 of 63 Docusign Envelope ID: A3FB51 E1-34A4-448D-99EB-35DB2D6571 D3 Architects, Engineers and Surveyors 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 I. below whom a Named Insured is required to add as an additional )insured) on thiis 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 Part; 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 I. 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 organizations 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 Iby 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 -owned 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. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, 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 acts or omissions, or the acts or omissions of those acting on the Named Insureds Ibehalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. But the coverage (hereby granted to such additional insureds does not apply to bodily injury,, property damage or personal and advertising iinjury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: CNA74858 X (1-18) Page 2 of 18 copyright CNA All Riights (Reserved. Includes copyrighted material of insurance Services Office, Inc., w with its permiwssiun. Page 39 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 L71 /1 Architects, Engineers and Surveyors General Liability Extension Endorsement 1, the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or supervisory, inspection, architectural or engineering activities. 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 terlmilnatiion, of such lease. E. Lessor of Land 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 Iinjury, 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 linjury, property damage or personal and advertising linjury 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 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. GMortgagee, Assignee or (Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily linjury, property damage or personal and advertising linjury 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 bodily injury, property damage or personal and advertising linjury 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, canopies, cellar entrances, coal holes, driveways, manholes, marquees, Ihoistaway 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 NA74858 X (1-15) Pace 3 of 118 copyright CNA All Riights (Reserved. Includes copyrighted material of Insurance Services Office, Inc,, w with its permiwssiun. Page 40 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Architects, Engineers and Surveyors General Liability Extension Endorsement 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 iinjlury, property damage or personal and advertising iinjury arising ouit of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily iinjury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured statues 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. I. Tirade Show Event Lessor 1, With respect to a Named Insured's participation l 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 insured, but only with respect to such person or organization's liability for (bodily injury, property damage or personal and advertising iinjury caused) by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acti(n)g on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show evenit premises during the trade show evenit. The coverage granted by this paragraph does not apply to (bodily iinjury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended l 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 seek contribution from that other insurance. For the purpose of this Provision 2, the additional insured"s own insurance means insurance on which i the additional )insured) is a named (insured). Otherwise, and Inotwithstandingi 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. ����171���>il��T � Ire►� I►�'��d�l � ���^� �i ���� ���T�►T"►l�'ll��-=] When an additional insured is added by this or any other endorsement attached to this Coverage Part,, WHO IS AN INSURED is amended l to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners„ (members and their spouses are Insureds; C. A limited liability company, then its (members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858 X (1-15) Page 4 of 18 Copyright CNA All Rights (Reserved. Includes copyrighted material of insurance Services Office, Inc,, w with its permiwssicn. Page 41 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 L71 Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsements provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds, Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add l the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's iinspection, or surveying work. 5. BODILY INJURY EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following;, 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. 6. BROAD KNOWLEDGE OF OCCURRENCE! NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurers authorized representative (notice of an occurrence, offense or claim only when 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 OIF OCCUIRRENCE CO 3 The Named Insureds rights under this Coverage Part will not be prejudiced if the Named Insured fails to give 8 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,. 7. 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 Pastry. or b. by reason of a Named Insured creating or acquiringthe 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 otherwise, which provides coverage to such organization, or which would have CNA74858 X (1-15) Page 5 of 1! tf Copynghrt CNA All Rights (Reserved. Includes copyrighted material of Insurance Services Office, Inc., wittlh its permiwssiun. Page 42 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Architects, Engineers and Surveyors General Liability Extension Endorsement 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 50% of the voting, appointment or designation power for the selection of a (majority of the Board of Directors of a corporation; or 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 linjury 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 iinjury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided Iby this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-busiinless-as names (dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is (replaced) by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an )insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insureds business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: CNA74858 X (1-15) Page 6 of 18 Copynghrt CNA All Riights (Reserved. Includes copyrighted material of Insurance Services Office, Inc,, wittlh its permiwssicn. Page 43 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 L71 /1 Architects, Engineers and Surveyors General Liability Extension Endorsement (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which, the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the iinsulred"s rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy., provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries 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. 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE 21 CO Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: 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. Mw WIM-M. -M + -t L f I>lt��l �w��Tr Y: ?I 91 ll.i zWN101 �fC0 I A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of: 1, All damages under Coverage A, except damages because of bodily injury or property damage included in the products- completed operations hazard; and All emedical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. 1, Damages under Coverage B, regardless of the number of locations involved; CNA74858 X (1-15) Page 7 of 118 Copynght CNA All Riights (Reserved. Includes copyrighted material of Insurance Services Office, Inc., wittlh its permiwssiun. Page 44 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Architects, Engineers and Surveyors General Liability Extension Endorsement Damages under Coverage A, caused Iby occurrences which, cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products -completed operations (hazard. and 3, Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown, in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, location' means: 1, a premises the Named Insured owns or rents; or a premises not owned or rented by any Named Insured at whiich, the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted), or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard, regardless of the number of locations involved, will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated. 12IN REM ACTIONS A quasi in rem action against any vessel owned 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. �T��]�����ry�,�1��I"lt';[�:� Ir��'f������*T=[�T�►7'rl�'E� 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 1.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: (1) sulch, 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 deemed to have occurred at the time of the first act, error, or omission that is part of the occurlrence. and CNA74858 X (1-15) Pace 8 of 18 copyright CNA All Riights (Reserved. Includes copyrighted material of Insurance Services Office, Inc,, w with its permiwssicn. Page 45 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 L71 /1 Architects, Engineers and Surveyors General Liability Extension Endorsement H. Under COVERAGES, Coverage A. — Bodily Injury And (property Damage Liability, the paragraph entitled Exclusions is amended to: L Y. 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 limits). ii delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including hut not limited to express warranties or guarantees. iii.. to add the following additional exclusions: CO This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or Iharassment, including but not be 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 Imalicious act, error or omission. Medicare/Medicaid (Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services. (Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. L 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 health care 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; CNA74858 X (1-18) Page 9 of 118 Copynght CNA All Riights (Reserved. Includes copyrighted material of Insurance Services Office, Inc,, wittlh its permiwssicn. Page 46 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; 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. ii delete the definition of occurrence and replace it with the following: Occurrence means a health care lincident, 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; iii.. amend the definition of Insured to: a. add the following: the Named Insureds 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 (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 Insureds volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while 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.a,(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b(1) in its entirety and replace it with the following: Other Insurance NA74858 X (1-15) Pace 10 of 1' 8 Copyright CNA All Riights (Reserved. Includes copyrighted material of Insurance Services Office, Inc., w with its perrniwssicn. Page 47 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 L71 /1 Architects, Engineers and Surveyors General Liability Extension Endorsement 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. r'rl�T+rlrti ��T►"��d1�];Tri:If JIr�iri�f D].'f=�I�%It'i�J1rlI A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: 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 l the policy period, such, Named Insured is an Insured with respect to its interest in such, joint venture, partnership or limited liability company but only to the extent that: a, any offense giving rise to personal and advertising linjury occurred prior to such termination date, and the personal and advertising linjury arising out of such offense, first occurred after such termination date; b, the bodily linjury or property damage first occurred after such terlmilnatiion, date; and c, there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such, insurance will always be considered valid and collectible for the purpose of paragraph, c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising linjury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: 0CIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) ,insurance program. N C0 B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation, in a current joint venture that is not named on the Declarations, but only if such, joint venture meets all of the following criteria: a, Each and every one of the Named Insureds co -venturers are architectural, engineering or surveying firms only; and b, There is no other valid and collectible insurance purchased specifically to insure the joint venture. However, the Named Insured is an Insured only for the conduct of such, Named Insureds business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co - venturers, nor of their partners, (members or employees. C WHO IS AN INSURED is amended to delete its last paragraph, and replace it with the following): Except as provided, under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CNA74858 X (1-15) Page 11 of 1' 8 Copyright CNA All Riights (Reserved. Includes copyrighted material of insurance Services Office, Inc., w with its permiwssiun. Page 48 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY — DAMAGE TO PREMISES I ALIENATED PREMISES I PROPERTY IN THE NAMED INSUR U'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A. — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j, Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j.. Damage to (Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that midst be restored), repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), () 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. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetraclk. agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard. Paragraphs () and (4) of this exclusion do not apply to property damage to: i, tools, or equipment the Named Insured borrows from others, nor ii.. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such i property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Ilnsured. NA74858 X (1-18) Pace 12 of 1' 8 Copyright CNA All Riights (Reserved. Includes copyrighted material of Insurance Services Office, Inc., w with its permiwssiun. Page 49 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 L71 /1 Architects, Engineers and Surveyors General Liability Extension Endorsement C. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for whiich, the Insured has available other valid and l collectible insurance, or would have such, insurance but for exhaustion of its limits„ or but for appliicatilon, of one of its exclusions. A separate limit of insurance and l deductible apply to such, property of others. See LIMITS OF INSURANCE as amended below. E. Under COVERAGES, Coverage A. — Bodily Injury and IProperty Damage Liability, the paragraph, entitled Exclusions is amended to delete its last paragraph, and replace it with 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 LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A. for damages arising out of any one occurrence because of the sum of all, property damage to borrowed tools or equipment, and l to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurers oblilgatiion, to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph, 6., Damage To Premises Rented, To You Limit, of LIMITS OF INSURANCE is deleted and, replaced Iby the following: CO 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 any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown, in the Declarations. E. Paragraph, 4,b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied Iby the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and IProperty Damage Liability, the paragraph, entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured, on this Coverage Part. CNA74858 X (1-15) Page 13 of 1' 8 Copyright CNA All Riights IReseuved, Includes copyrighted material of Insurance Services Office, Inc,, wittlh its permiwssicn. Page 50 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Architects, Engineers and Surveyors General Liability Extension Endorsement 17, 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 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained Iby any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown (Mere: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. E. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments 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 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and (Property Damage Liability, the paragraph entitled Exclusions 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: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United 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 Insulred. and 3. the aircraft is not being used to carry persons or property for a charge. 19. 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. +�r]!<yT�C�'�+3►�rr�'f�1i►11x7'11M�i:�il�'�fLL+�3I►°"�L�Yll7��'i��3>��+��7P"i1I�A�'��t�I�i�➢,:�1➢� II>l��liL�I�I 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. E. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended) to: 1, delete the Exclusion entitled Knowing Violation Of Rigihits Of Another and replace it with the following: CNA74858 X (1-15) Pane 14 of 1' 8 copyright CNA All Riights (Reserved. Includes copyrighted material of Insurance Services Office, Inc., w with its permiwssiun. Page 51 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 L71 /1 Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused l by or at the dfirection, 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 sulch, discrimination, or humiliation is not done intentionally by or at the direction of: (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. 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 termilnatiion, of employment of any person, by any Insured, Premises Related Discrimination discrimination, or humiliation arising out of the sale, rental, lease or sublease 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. The coverage proviided, 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 INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part, CO 21, PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion, entitled Contractual Liability. R. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section, entitled SUPPLEMENTARY PAYMENTS — COVERAGES A. AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the linformation, the Insurer knows about the offense alleged in such suit are sulch, that no conflict appears to exist between the interests of the Insured and the interests of the indemnllitee; The first unnumbered paragraph, beneath, Paragraph .f.()(b) is deleted) and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that iindemniitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858 X (1-15) Page 15 of 1' 8 copyright CNA All Riights (Reserved. Includes copyrighted material of Insurance Services Office, Inc., w with its permiwssicn. Page 52 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Architects, Engineers and Surveyors General Liability Extension Endorsement by the Iindemnllitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising Iinjury and will not reduce the limits of insurance. C. 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, This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provisiion, does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. 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 IDamage to Property Exclusion do not apply to property damage that results from the use of elevators. E. 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. 23. RETIRED PARTNERS, IMEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily Iinjury, property damage or personal and advertising Iinjury that results from services performed for the Named Insured under the Named Insureds direct supervision. All limitations that apply to employees and, volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. 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 bail bonds and, replace it with a $5,000 limit; and E. Paragraph, 1,.dis amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 2. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the iinception, date of the Named Insureds Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. +�»�t�ilr'l'►1�1���T'��d3:�twI�I+rl�tl='r��r�1 Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: 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 Insureds 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 a written contract or written agreement, and only if such contract or agreement: CNA74858 X (1-15) Page 16 of 1' 8 Copyright CNA All Riights (Reserved. Includes copyrighted material of Insurance Services Office, Inc., w with its permiwssiun. Page 53 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 L71 I1 Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effect or 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. 27, WRAP-UP EXTENSION, OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or (regulation). If the endorsement IEXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.II.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1, Bodily injury, property damage, or personal or advertising injury that occurs during l the Named Insureds ongoing operations at the project, or during l such operations of anyone acting on the Named Insureds behalf; nor Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. R. Condition 4.Other Insurance is amended to add the following subparagraph 4.b(I)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insureds involvement in that consolidated (wrap-up) insurance program. CO C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled l Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1, single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include (hospitals or prisons. CNA74858 X (1-18) Page 17 of 1! 8 Copynghrt CNA All Riights (Reserved. Includes copyrighted material of insurance Services Office, Inc., w with its permiwssinu. Page 54 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, whiich 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 bellow, and expires concurrently with said Policy. CNA74858 X (1-15) Pane 18 of 1' 8 Copynghrt GNIA All Rights Reserved. Includes copyrighted rnaterial of Insurance Services Office, Inc,, with its permiwssicn. Page 55 of 63 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 0001 / 0J...)70 ANA Business Auto Policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE A. Who Is An Insured The following is added to SECTION II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A. 1. does not apply to any such entity that is an insured under any other liability policy providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability policy providing auto coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. Policy, as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee SECTION II, Paragraph B.5 does not apply. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Form No: SCA 23 500 D (10-2011) Page: 1 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Page 56..of 63 .... Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 ANA Business Auto Policy Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Towing SECTION III. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to SECTION III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C. Transportation Expenses SECTION III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. D. Loss of Use Expenses SECTION III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. E. Personal Property The following is added to SECTION III, Paragraph A.4. c. We will pay up to $500 for loss to Personal Property which is: (1) Owned by an insured; and (2) In or on the covered auto. This coverage applies only in the event of a total theft of your covered auto. This insurance is excess over any other collectible insurance and no deductible applies. F. Rental Reimbursement The following is added to SECTION III, Paragraph A.4.: d. We will pay for rental reimbursement expenses incurred by you for the rental of an auto because of loss to a covered auto. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered auto. No deductibles apply to this coverage. 1. We will pay only for those expenses incurred during the policy period beginning 24 hours after the loss and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered auto; or, (b) 15 days. 2. Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or, (b) $25 per day subject to a maximum of $375. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Form No: SCA 23 500 D (10-2011) Page: 2 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Page 57..of 63 .... Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 ANA Business Auto Policy 3. This coverage does not apply while there are spare or reserve autos available to you for your operations. 4. If loss results from the total theft of a covered auto of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. G. Hired "Autos" The following is added to SECTION III. Paragraph A.: 5. Hired Autos If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per accident. H. Airbag Coverage The following is added to SECTION III, Paragraph B.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. I. Electronic Equipment SECTION III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. J. Diminution In Value The following is added to SECTION III, Paragraph B.6. Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Form No: SCA 23 500 D (10-2011) Page: 3 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Page 58..of 63 .... Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 ANA Business Auto Policy b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV) Ill. Drive Other Car Coverage - Executive Officers The following is added to SECTIONS II and Ill: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your executive officers, except: a. An auto owned by that executive officer or a member of that person's household; or b. An auto used by that executive officer while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, executive officer means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such executive officers are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to SECTION IV, Paragraph A.2.a. (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to SECTION IV, Paragraph A.2.b. (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Concealment, Misrepresentation or Fraud The following is added to SECTION IV, Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. C. Policy Period, Coverage Territory SECTION IV, Paragraphs 7.(5).(a). is revised to provide: ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Form No: SCA 23 500 D (10-2011) Page: 4 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Page 59..of 63 .... Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 Business Auto Policy a. 45 days of coverage in lieu of 30 days V. DEFINITIONS SECTION V. Paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these Form No: SCA 23 500 D (10-2011) Page: 5 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 POLICY NUMBE : 6081785398 COMMERCIAL AUTO CA 0444 10 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER F RIGHTS OF RECOVERY ERY AGAINST OTHERS TO S(WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicatedl below. Named Insured: Endorsement Effective Date: SCHEDULE. Name(s) Of IPerson(s) Cr Organization(s): ANY PERSON OR ORGANIZATION FOR Wh OM OR Wh ICI( YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information regiulred to complete this Schedule, if not shown above, will be shown in the Declarations. F, r C0 7) C, S N The Transfer Of Rights Of (Recovery Agiainst Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "'accident"" or the "loss" under a contract with that person or organization. CA 04441013 Copyright, Insurance Services Office, Inc., 2011 Pagel%,613Of 1 Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 uuOl / OJJO'+ Workers Compensation And Employers Liability Insurance We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. 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 Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) 9 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Page 62. of 63 Copyright 1983 National Council on Compensation Insurance. Docusign Envelope ID: A3FB51 El -34A4-448D-99EB-35DB2D6571 D3 CNA Business Auto Policy � IlHu III ul°ui °�I ulfi���m�ui°iu�u�m�ui°ui°iR° It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. 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 Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 ® Copyright CNA All Rights Reserved.