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HomeMy WebLinkAboutDKS Associates, Inc - On-call Transportation Engineering Services Agr No. 22.500 AGREEMENT NUMBER: 22-500 PROFESSIONAL SERVICES AGREEMENT DKS Associates THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation,hereinafter referred to as"City",and DKS Associates.,hereinafter referred to as"Consultant," on the � day of �e4�t'V�r-4 ,2022. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills,training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience,equipment,and necessary capabilities, including:technical and professional expertise, when required,to perform the services and/or tasks as set forth in this Agreement upon which the City is relying; and WHEREAS, pursuant to RCW 39.80.030 the City of Pasco has published an advance announcement of its need for on-call engineering services,the City of Pasco received 3 statement of qualifications and interviewed 3 firms from which the City has identified DKS Associates as the most highly qualified firm NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein,the parties agree as follows: 1. Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in [Exhibit A], attached hereto and incorporated herein(the"Project"). 2. Term. This On-Call Agreement shall begin on the execution date listed above and extend through the calendar years of 2023 &2024. 3. Comt�ensation and Pa}�ment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for wark performed or services rendered, and for all labor, materials, supplies, equipment,and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. Professional Services Agreement—DKS Associates Transportation Engineering Services On-Call Page 1 of 10 City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. S.l All research,tests,surveys,preliminary data, information,drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product,"shall be deemed as the exclusive property of the City,including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as "confidential," "proprietary,"or a"trade secret" shall be conspicuously designated assuch. 5.2 In the event of Consultant's default, or in the event that this Agreement is tertninated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination,shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW "Public Records Act." All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City,the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. Professional Services Agreement—DKS Associates Transportation Engineering Services On-Call Page 1 of 10 8.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend,hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 83 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 9. Insurance. The Consultant shall procure"and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. The Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO)form CA 00 O1. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 O1 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant's profession. Professional Services Agreement—DKS Associates Transportation Engineering Services On-Call Page 1 of 10 certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract,upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement or,at its discretion,procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color,national origin, sex,marital status, age or the presence of any sensory,mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant A�ainst Contin�ent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant,to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or,firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontractin�. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A)its performance under this Agreement or any portions of this Agreement without the prior written consent of the City,which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination;proper bidding procedures where applicable;and all local,State and Federal statutes, ordinances and guidelines. Professional Services Agreement—DKS Associates Transportation Engineering Services On-Call Page 1 of 10 hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A,as amended,with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits,schedules,or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO,WASHINGTON CONSULTANT _ -�; �� .' � � - - '�- Dave Zabell, City . r Richard J.Hutchinson,PE,PTOE Principal,Regional Director ATTEST: � � Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr erguson Law,PL , City Att ey � Professional Services Agreement—DKS Associates Transportation Engineering Services On-Call Page 1 of 10 Exhibit B-Sch�dule of Compensation There will be no specific limitation on the yuantity, minimum and/or maximum value of individual task orders. The City of Pasco does not guarantee that the Consultant��ill receive a specific volume of work, a specific total contract amount, or a specific task order value. Total compensation of each task will be mutually agreed upon by the City and Consultant on a task- by-task basis and approved by the Project Manager prior to proceeding with each task and invoiced accordingly. Urgent task orders when approved in writing or verbally by the City may be conducted on a time and materials basis without an approved written scope and budget. The maximum value of this agreement shall not exceed two hundred eighty thousand dollars ($280,000). The value of this agreement may be increased by amendment. The Task Order Process is as follows: 1. For each individual task order,the Project Manager will issue a written or verbal request to the Consultant. The request will describe the nature and extent of the project, its scope, preliminary schedule and rough order of magnitude. 2. Within five (5) calendar days or the timeframe specified in the request,the Consultant will prepare a proposal that includes an applicable scope of work, schedule, and fees, as well as identify the key staff assignments and potential sub-consultants. 3. The Consultant and Project Manager will determine the detailed scope of work,project schedule, consultant fee, and other project management details. 4. The Project Manager will provide a final approval of the task order with a signed task order sheet. 5. The consultant will be paid on the basis of approved monthly invoices. Task ordet�s will be invoiced in a manner to allow costs to be identified by work}�erformed under separate task orders. A task order request template is provided on the following page. Professional Services Agreement—DKS Associates Transportation Engineering Services On-Call Page 1 of 10 TASK ORDER NO. Reviewed By: City Project Code: REGARDING GENERAL AGREEMENT BETWEEN CITY OF PASCO AND DKS ASSOCIATES Project Description: Scope of Services: Time of Performance: Fee for Services: Proposed: DKS ASSOCIATES Date XXXXXXXXXXX Approved: City of Pasco Date XXX��XX��:KXX Professional Services Agreement—DKS Associates Transportation Engineering Services On-Call Page 1 of 10 A`��� CERTIFICATE OF LIABILITY INSURANCE DATZ�Z/Z�22 YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES N�T AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Durham and Bates Insurance PHONE Melissa Hall F� 720 SW Washington Street ,�;503-224-5017 uuc.Nor _ _ Suite 250 nooR�ess: melissah@dbates.com POItIaIIC�OR 972OrJ-3SS4 ' INSURER(S)AFFORDING COVERAGE � NAIC# iNsuReaa:Valley Forge Insurance Co. 20508 INSURED DKSASSO-01 INSURER B:Tf811S�0I't8tI0f1 If1SUf8f1C2 CO. 20494 DKS ASSOCIATES — DKS ASSOCIATES INC iNsuaeac:Continental Insurance Co. 35289 720 SW Washington Street iNsuaeRn:American Casual Co of Readin ,PA 20427__ Sulte 250 iNsuReRe:Continental Casualt Co. 20443 Portland OR 97205-3554 - INSURER F: COVERAGES CERTIFICATE NUMBER:914148016 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. ILTR- TYPE OF INSURANCE ADDL SUBR pOLICY NUMBER MMI DY/YYYY MM7�DY�P LIMITS A X COMMERCIAL GENERAL LIABILITY 6080860327 I 5/1/2021 S/1/2022 EqCH OCCURRENCE $1,000,000 I CLAIMS-MADE � OCCUR DAMAGE TO RENTED PREMISE�Ea occurtence $1,000,000 l X WA Stop Gap _ MED EXP(Any one person) i$15,000 _ PERSONAL&ADV INJURY �$7,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $2,000,000 � POLICY� jE o- � LOC PRODUCTS-COMPIOP AGG I $2,000,000 OTHER: ! WA Stop Ga $1,000,000 B AUTOMOBILELIABILITY 6080860053 5/1/2021 5/1l2022 COMBINED SINGLE LIMIT $1,000,000 _jEaaccideniJ_ ANY AUTO BODILY INJURY(Per person) $ - I OWNED � SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X I HIRED � X NON-OWNED �PROPERTY DAMAGE $ 1 AUTOS ONLY � AUTOS ONLY �{Per accident I i $ C X UMBRELLA LIAB X OCCUR 6080860246 5!1l2021 5/1l2022 EACH OCCURRENCE $2,000,000 EXCESS LIAB _CLAIMS-MADE AGGREGATE $2,000,000 DED I RETENTION$ I$ A WORKERSCOMPENSATION - PER '� OTH- D AND EMPLOYERS'LIABILITY WC680860179 5/1/2021 5/1l2022 X STATUTE I ER ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N WC680860263 i 5/112021 S/1/2022 � —" OFFICER/MEMBEREXCLUDED? � N I A I E.L EACH ACCIDENT $1,000,000 (Mandatory In NH) �i E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,descnbe under � - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Professional Liabiliry MCH591939154 5/1/2021 ' 5/1/2022 Each Claim Limit 2,000,000 Claims Made Form Aggregate Limit 2,000,000 �Retro.Date:5l17/1979 Deductible Each Claim 50,000 I DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) DKS Project#22024-000 Re:City of Pasco 2022 On-Call Professional Services Agreement. Additional Insured:City of Pasco.When required by written contract,Additional Insured status with primary coverage applies to General Liability and Automobile Liability and Waiver of Subrogation applies to General Liability and Automobile Liability,all per the attached endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CI�/Of PaSCO ACCORDANCE WITH THE POLICY PROVISIONS. 525 N. 3rd Avenue PO Box 293 AUTHORIZEDREPRE5ENTATNE Pasco WA 99301 // � !��/tr ic� �. C.d�a'N:' �O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ��� Business Auto Policy ' `i. r � a � r � � • � a _ It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. TABLE OF CONTENTS I. AMENDMENTS TO LIABILITY COVERAGE A. Who Is An Iresured 1. Majority Owned Corporations 2. Newly Acquired Organizations 3. Additional Insureds Required By Written Contracts 4. Employee-Hired Autos B. Increased Loss of Earnings Allowance C. Fellow Employee Coverage 11. AMENDMENTS TO PHYSICAL DAMAGE COVERAGE A. Increased Loss of Use Expense B. Broadened Electronic Equipment Coverage III. AMENDMENTS TO BUSINESS AUTO CONDITIONS A. Knowledge of Accident or Loss B. Knowledge of Documents C. Waiver of Subrogation D. Unintentional Failure To Disclose Hazards E. Primary and Non-Contributory When Required By Contract IV. AMENDMENTS TO DEFINITIONS A. Broadened Bodily Injury I. AMENDMENTS TO LIABILITY COVERAGE A. Amendments to Who Is An Insured Under SECTIUN 11 — COVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Who Is An Insured is amended to add the following: 1. Majority Owned Corporations Any incorporated entity in which you own a majority of the voting stock on the inception date of this Coverage Form is an insured, but only if such entity is not an insured under any other liability "policy" that provides auto coverage. 2. Newly Acquired Organizations Form No: CNA83700XX(10-2015} Policy No:BUA 6080860053 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:05/01/2021 Endorsement No:63; Page: 1 of 4 Policy Page: 99 of 112 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 a,_ ����� ,_m� .�_.� , --- .__.__=—,-.z_u .__ - -.___ .z_ °Copyright CNA All Rights Reserved C�� Business Auto Policy Policy Endorsement Any organization you newly acquire or form during the policy period, other than a limited liability company, partnership or joint venture, and in which you maintain majority ownership interest is an insured, but only if such organization is not an insured under any other liability "policy" that provides auto coverage. The insurance afforded by this provision: a. Is effective on the date of acquisition or formation of the organization, and applies until: (1) The end of the policy period of this Coverage Form; or (2) The next anniversary of this Coverage Form's inception date, whichever is earlier; and b. Does not apply to bodily injury or property damage caused by an accident that occurred before you acquired or forrned the organization. 3. Additional Insureds Required By Written Contract Any person or organization that you are required by written contract to make an additional insured under this insurance is an insured, but only with respect to that person or organization's legal liability for acts or omissions of a person who qualifies as an insured for Liability Coverage under SECTION II - WHO IS AN INSURED of this Coverage Form. 4. Employee-Hired Autos Any employee of yours is an insured while operating with your permission an auto hired or rented under a contract in that employee's name, while performing duties related to the conduct of your business. With respect to provisions A.1. and A.2. above, "policy" includes those policies that were in force o� the inception date of this Coverage Form, but: i. Which are no longer in force; or ii. Whose limits have been exhausted. B. Increased Loss of Earnings Allowance Under SECTION II — CUVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Coverage Extensions is amended under Supplementary Payment subparagraph (4) to delete the $250. a day limit for loss of earnings and replace it with a $500. a day limit. C. Fellow Employee Coverage Under SECTION II — COVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Exclusions is amended to delete the exclusion entitled Fellow Employee. II. AMENDMENTS TO PHYSICAL DAMAGE COVERAGE A. Increased Loss of Use Expense Under SECTION III — PHYSICAL DAMAGE COVERAGE, the paragraph entitled Coverage Extensions is amended under Loss of Use Expenses to delete the maximum of 5600., and replace it with a maximum of 5800. B. Broadened Electronic Equipment Coverage Under SECTION III — PHYSICAL DAMAGE COVERAGE, the paragraph entitled Exclusions is amended to delete paragraphs 5.a through 5.d. in their entirety, and replace them with the following: 5. Exclusions 4.c. and 4.d. above do not apply to loss to any electronic equipment that at the time of loss is: Form No: CNA83700XX (10-2015) Policy No:BUA 6080860053 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:05/01l2021 Endorsement No: 63; Page: 2 of 4 Policy Page: 100 of 1 12 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 _ __-._:�__.�_...�.�.u_���.�_ _��_-_,�_.��_,,. °Copyright CNA All Rights Reserved ��� Business Auto Policy Policy Endorsement a. Permanently installed in or upon a covered auto, nor to such equipment's antennas or other accessories used with such equipment. A 5100 deductible applies to this provision, and supersedes any otherwise applicable deductible; or b. Designed to be operated solely by use of the power from the auto's electrical system and is: (1) Removable from a housing unit which is permanently installed in or upon the covered auto; (2) An integral part of the same unit housing any electronic equipment described in paragraphs a. or b.11) above; or (3) Necessary for the normal operation of the covered auto or the monitoring of the covered auto's operating system. III. AMENDMENTS TU BUSINESS AUTO CONDITIONS A. Knowledge of Accident or Loss Under BUSINESS AUTO CONDITIONS, the Loss Condition entitled Duties In the Event of Accident, Claims, Suit, or Loss is amended to add the following subparagraph a.(4►: (4) If your employees know of an accident or loss, this will not mean that you have such knowledge until such accident or loss 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 be your insurance manager. �. Knowledge of Documents Under BUSINESS AUTO CONDITIONS, the Loss Condition entitled Duties In the Event of Accident, Claims, Suit, or Loss is amended to add the following subparagraph h.(6): 16) If your employees know of documents concerning a claim or suit, this will not mean that you have such knowledge until such documents are 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 be your insurance manager. C. Waiver of Subrogation Under BUSINESS AUTO CONDITIONS, the Loss Condition entitled Transfer Of Rights Of Recovery Against Others �o Us is amended to add the following: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. D. Unintentional Failure To Disclose Hazards Under BUSINESS AUTO CONDITIONS, the General Condition entitled Concealment, Misrepresentation or Fraud is amended to add the following: Your failure to disclose all hazards existing on the inception date of this Coverage Form shall not prejudice you with respect to the coverage provided by this insurance, provided such failure or omission is not intentional. E. Primary and Non-Contributory When Required By Contract Under BUSINESS AUTO CONDITIONS, the General Condition entitled Other Insurance is amended to add the following: Form No: CNA83700XX(10-2015) Policy No:BUA 6080860053 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:05/01/2021 Endorsement No:63; Page: 3 of 4 Poficy Page: 101 of 1 12 Underwriting Company: Transportation Insurance Company, 151 N Frenklin St, Chicago, IL 60606 _._ ,_ =-_-_ _�-g__=�� _..,..�,-r�n-.__��, ___.�.. °Copyright CNA All Rights Reserved. C�� Business Auto Policy Notwithstanding provisions 5.a. through 5.d. above, the coverage provided by this Coverage Form shall be on a primary and non-contributory basis when required to be so by a written contract entered into prior to accident or Ioss. IV. AMENDMENTS TO DEFINITIONS A. Broadened Bodily Injury 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, mental anguish or mental injury sustained by that person which results as a consequence of the physical injury, sickness or disease. 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: CNA83700XX(10-2015) Policy No:BUA 6080860053 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:05/01/2021 Endorsement No: 63; Page: 4 of 4 Policy Page: 102 of 1 12 � Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 °Copyright CNA All�Rights Reserved. i� 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, pr�perty 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. 11. 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; or C. 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. m III. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide N � such additional insured with: � � A. coverage broader than required by the written contract;or � o B. a higher limit of insurance than required by the written contract. 0 N � IV. 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 spec�cations; 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. � V. 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: = CNA75079XX(10-16} Policy No: 6080860327 Page 1 of 2 Endorsement No: 13 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/O1/2021 Insured Name: DKS ASSOCIATES Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office,Inc.,with its permission. c/vA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement 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. VI. 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 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 insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. 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. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 6080860327 Page 2 of 2 Endorsement No: 13 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2021 Insured Name: Dxs ASSoCIATES Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office,Inc.,with'rfs permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS � 1. Additionallnsureds � 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Additional Insured–E�ended Coverage 4. Boa1s 5. Bodily Injury–Expanded Definition 6. Broad Knowledge of Occurrence/Notice of Occurrence 7. Broad Named Insured 8. Contractual Liability–Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury–Exception for Reasonable Force 11. General Aggregate Limits of Insurance–Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies '05. Legal Liability–Damage To Premises � 16. Liquor Liability N � 17. Medical Payments m � °E8. Non-owned Aircraft Coverage m � � 19. Non-owned Watercraft N $ 20. Personal And Advertising Injury–Discrimination or Humiliation 21. Personal And Advertising Injury-Contractual Liability 22. Property Damage–Elevators = 23. Retired Partners, Members, Directors And Employees � 24. Supplementary Payments � 25. Unintentional Failure To Disclose Hazards _ 26. Waiver of Subrogation–Blanket — 27. Wrap-Up Extension: OCIP,CCIP or Consolidated (Wrap-Up) Insurance Programs Q � = CNA74858XX (1-15) Policy No: 6080860327 Page 1 of 18 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/0l/2021 Insured Name: DKS ASSOCIATES Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office,Inc.,with its permission. c/vA CNA PARAMOUNT 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 this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part;and (2) was executed prior to: (a) the bodily injury or praperty 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 organization's liability for bodily injury, property damage or personal and advertisireg injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, properly 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 Insured's behalf: 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 injury 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: CNA74858XX(1-15) Policy No: 6080860327 Page 2 of 18 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2021 II1SU1'ed Naf1'1@: DKS ASSOCIATES Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT 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 spec�cations;or 2. 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 termination 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 injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury 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. G. Mortgagee,Assignee or Receiver � A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's N liability for bodily injury, property damage or personal and advertising injury arising out of the Named o Insured's ownership, maintenance,or use of a premises by a Named Insured. m m 0 � The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition � 0 operations performed by,on behalf of, or for such additional insured. 0 N O � 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 injury arising out of: c 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 h�les, driveways, manholes, marquees, hoistaway openings, sidewalk = vaults, street banners, or dec�rations 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 = CNA74858XX(1-15) Policy No: 6080860327 Page 3 of 18 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/O1/2021 Insured Name: DKS ASSOCIATES Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office,Inc.,with its perrnission. �NA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmentai permit that requires the Named Insured to add the governmental entity as an additional insured. B. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the pertormance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. y 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 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 the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIOIVAL INSURED—EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO iS AN INSURED is amended 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; CNA74858XX(1-15) Policy No: 6080860327 Page 4 of 18 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2021 Insured Name: Dxs ASSOCIATES Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services OFfice,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsemenYs 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. 4. BOATS Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Wate rcraft: 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 inspection 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 OCCURRENCEI 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 Insurer's 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. r r � B. NOTICE OF OCCURRENCE 0 � The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give o the Insurer notice of an occurrence, �ffense or claim and that failure is solely due to the Named Insured's o 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: C 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has = management control: = a. on the effective date of this Coverage Part; or = b. by reason of a Named Insured creating or acquiring the organization during the policy period, � � qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, — contributory, excess, contingent or otherwise,which provides coverage to such organization, or which would have = CNA74858XX(1-15) Policy No: 6080860327 Page 5 of 18 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/O1/2021 Insured Name: Dxs ASSOCIATES Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office,Inc.,with its pertnission. �NA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY-LIMITED CONTRACTUAL LIABILITY Provision does not apply 'rf Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision 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 Damage to Propertyr Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Oti�er Insurance conditions is amended to add the following paragraph: This insurance is excess over aray 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,MEMBERS, DIRECTORS AND EMPLOYEES V1fH0 IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from seroices performed for the Named Insured under the Named Insured's direct supervision. All limitations that appBy 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 7.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. � 26. WAIVER OF SUBROGATION -BLANKET 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 Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX (1-15) Policy No: 6080860327 Page 16 of 18 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/O1/2021 Insured Name: �xs ASSOCIATES Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: 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. (Information required to complete this Schedule, if not shown above,will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products�ompleted operations hazard. 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. � � N O S N O C _� � � � � � = CNA75008XX(10-16) Policy No: 6080860327 Page 1 of 1 Endorsement No: 15 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2021 Insured Name: DKS ASSOCIATES Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office,Inc.,with its permission.