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HomeMy WebLinkAboutC2020-272 - 7/28/2020 - Approved DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1ED761A85383 03S C% r, , ; 16 '� .:_.a U 4+. 1852 00 52 23 AGREEMENT This Agreement,for the Project awarded on July 28, 2020 , is between the City of Corpus Christi (Owner) and JE Construction Services LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Sunnybrook Road Sidewalk Improvements — Ayers to Evelyn (Community Development Block Grant (CDBG)) Project Number: 18153A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Munoz Engineering, LLC 1608 S. Brownlee Boulevard Corpus Christi,Texas 78404 2.02 The Owner's Authorized Representative for this Project is: Brett Van Haien, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Road Bldg 5 Corpus Christi,TX 78413 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 90 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed Agreement 00 52 23-1 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 SCANNED DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 SC G� O� N U yea na o n n+e� 1852 00 52 23 AGREEMENT This Agreement, for the Project awarded on July 28, 2020 is between the City of Corpus Christi (Owner) and JE Construction Services LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Sunnybrook Road Sidewalk Improvements — Avers to Evelyn (Community Development Block Grant (CDBG)) Prosect Number: 18153A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Munoz Engineering, LLC 1608 S. Brownlee Boulevard Corpus Christi,Texas 78404 2.02 The Owner's Authorized Representative for this Project is: Brett Van Halen, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Road Holly Road Bldg55 Corpus Christi, TX 78413 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 90 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed Agreement 005223- 1 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 120 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each, are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 400 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $ 400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 562,226.10 Agreement 005223- 2 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement 005223-3 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement 005223-4 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI FR DocuSigned by: Doc/IuSigne''d by: c�cc� H 7/30/2020 Vvl,l(,U,OI.d rbhi 7/30/2020 Re ecca uerja ' Ih59P1K61dr1abez City Secretary Chief of Staff M2020-129 AUTHORIZED 07/28/2020 APPROVED AS TO LEGAL FORM: BY COUNCIL D5 S DocuSigned by: Z Mcfl�,c•� 7/22/2020 M',M, '' :torney ATTEST(IF CORPORATION) CONTRACTOR OC by: JE Constri Ct. n S r e LLC (Seal Below) By: A43E72DD114C47D... Note: Attach copy of authorization to sign if Title: VP person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 7505 UpRiver Rd Financial Officer Address Corpus Christi, TX 78409 City State Zip 361/289-2901 Phone Fax grant@jecs.cc Email END OF SECTION Agreement 005223-6 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761A85383 00 30 01 BID FORM Addendum No. 1 Project Name: Sunnybrook Road Sidewalk Improvements Phase 1 and 2 Project Number: 18153A y Owner: City of Corpus Christi OAR: TBD Designer: Munoz Engineering By its signature below,Bidder accepts all of the terms and conditions of the Bid Acknowledgement,acknowledges receipt of all Addenda to the Bid and agrees,if this Bid is accepted,to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. Bidder: YE (full legal name of Bidder) Signature: / (signature of person with authority to bind the Bidder) Name: 'r��,,;s IAC:r�t� , (printed name of person signing Bid Form) Title: (title of person signing Bid Form) 0 Attest: (signature) State of Residency: TZA'�S Federal Tx ID No. 9-'vel' Address for Notices: I so S V 4 2:r{l' 41. Tx' 791ioq Phone: Email: Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al IMOBILIZATION (5%MAX.) LS 1 ZS' 3co Z 5' Sou A2 BONDS AND INSURANCE(AS REQUIRED) AL 1 q 000 1,000 A3 PROP-STORM WATER POLLUTION PREVENTION PLAN 1 ? aqS lu 7,vLS K A4 PROP-INLET PROTECTION BARRIER EA 31 136.3o ZZ s--.30 AS PROP-DITCH PROTECTION LS 1 Z,oa($;lo Z 0 S-.14 A6 PROP-TRAFFIC CONTROL PLAN AND PREPARATION EA 1 6,13 Sln G r 3 S--.Jo PROP-TRAFFIC CONTROL MOBILIZATION/ A7 ADJUSTMENTS EA Bid Form 00 30 01-Page 1 of 3 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn(CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1ED761A85383 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT A8 PROP -TRAFFIC CONTROL DEVICES (DRUMS, CONES, ' S K S3.S� ETC.) MTH 5 °`�7 7a A9 PROP-OZONE ACTION DAY EA 1 MAO ALLOWANCE FOR STREET REPAIR OF POTHOLES WITHIN A10 PROJECT AREA AL 1 $8,500 $ 8,500.00 SUBTOTAL PART A-GENERAL(Items Al thru A10) Part B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 DEMO - PAVEMENT- HMAC SF 6350 Z.a,) 12 7cx,.oG B2 DEMO -SIDEWALK-CONCRETE SF 413 ,So 3,Sfo,So B3 DEMO - DRIVEWAY-GRAVEL SF 2,980 Loo 2, `IBQ.o" B4 DEMO - DRIVEWAY-CONCRETE SF 2,458 Z'yo 5 g I,z- B5 DEMO-SIGN -STOP EA 6 $(,qo qlo.qo B6 DEMO -SIGN -SPEED 30 MPH EA 1 4?.z. L y'zu B7 DEMO & REPLACE- FENCE- CHAINLINK LF 40 �C.2o t,7zt?,oc, B8 PROP- PAVEMENT- HMAC REPAIR SF 5,382 7,q y qv) 311.f Q B9 PROP- PAVEMENT- HMAC REPAIR (FULL DEPTH) SF 910 jq,go 17 (o�•oL) B10 PROP - DRIVEWAY- CONCRETE SF 5,470 7.6 y Z oGK.3o B11 PROP -SIGN -STOP WITH STREET ID PLAQUES EA 6 ri q. iia S 72L. 90 B12 PROP-SIGN -SPEED 30 MPH EA 3 621,7& 7 ou�- 16 B13 PROP-SIGN - PEDESTRIAN CROSSING EA 2 791,to 1,` ll.k B14 ALLOWANCE FOR STREET REPAIRS LS 1 $8,500 $ 8,500.00 B15 ALLOWANCE FOR UNANTICIPATED STREET 1 $15,000 IMPROVEMENTS AL $ 15,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru B15) j Lo G 31. K9 Part C-ADA IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 DEMO -SITE CLEARING AND STRIPPING AC 2 IZ iGg,�ff 5- Y3y_ C2 DEMO - CONIC HEADER CURB LF 8 31.ao zq$.ov C3 DEMO-TREE REMOVAL EA 6 go�_6o z,y5V,00 C4 PROP-SIDEWALK- CONC(4-INCH) SF 1.9,050 7 ao{ 13q, 112.ou C5 PROP-SIDEWALK- MONOLITHIC CURBING LF 154 SS.o. V.L170.vo C6 PROP- RAISED CROSSWALK- HMAC SF 550 S,ao z, k(9-c,a C7 PROP- RAISED CROSSWALK MARKINGS LS 1 Z"r1Sy,(o Z YSq.(o C8 PROP- HYDROMULCH SF 48,210 .3q iL 341. go C9 PROP- DETECTABLE WARNING EA 24 I14.00 14,7o4.o6 C10 ADJUST- EXIST AT&T BOX EA 1 '79C.Go 7 G. G6 C11 AL 1 $10,000 $ 10,000.00 ALLOWANCE FOR UNANTICIPATED ADA IMPROVEMENTS SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 thru C11) AZll V3.RZ Part D•STORM WATER UTILITY IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Dl IDEMO -CURB AND GUTTER I LF 1 65 1-7.-7, 1 1,( So, So Bid Form 003001-Page 2 of 3 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 00 30 01 BID FORM Addendum No. 1 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT D2 DEMO-POST INLET CONC TOP EA 16 9S7.90 S 3 Zo.00 D3 DEMO-REINFORCED CONCRETE PIPE-18-INCH LF 65 Zy.3o 1,S71.50 D4 DEMO-PVC-12-INCH LF 32 I S.2o %.qo DS DEMO-CONC HEADWALL EA 2 3d4,Zo G(Z.Ho PROP-STORM WATER MANHOLE TOP ADJUSTMENT TO Dfi EA 2 FINAL GRADE D7 PROP-POST INLET CONC TOP EA 16 I,Si 7.to ZK Z73.4o D8 PROP-POST INLET EA 4 154.10 1 G 4 ZK,qo D9 PROP-CURB AND GUTTER LF 175 33.46 S 932.S6 D10 PROP-REINFORCED CONCRETE PIPE-18-INCH LF 320 $,aS 27 ,Z14.00 D11 PROP-DITCH REGRADING LF 1 2,1121 9.50 11,614-60 D12 ALLOWANCE FOR UNANTICIPATED STORM WATER AL 1 $10,000 $ 10,000.00 UTILITY IMPROVEMENTS SUBTOTAL PART D-STORM WATER UTILITY IMPROVEMENTS(Dl THRU D12) l l 8 706,So Part E-WATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) El ADJT-EXIST WATER VALVE BOX AND COVER EA 1 6 211.76 1,71 V.Zo E2 ALLOWANCE FOR UNANTICIPATED WATER UTILITY AL 1 $1,500 $ 1,500.00 IMPROVEMENTS SUBTOTAL PART E-WATER IMPROVEMENTS(El THRU E2) 3 211Y.Z o Part F-GAS IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Fl ADJT-EXIST GAS VALVE BOX AND COVER EA 4 7g�,G6 3 t�lG. o F2 ALLOWANCE FOR UNANTICIPATED GAS UTILITY AL 1 $1,000 $ 1,000.00 IMPROVEMENTS SUBTOTAL PART F-GAS IMPROVEMENTS(Fl THRU F2) I q,M , yo TOTAL PROJECT BASE BID(PARTS A THRU F) s Z 1 kl. 10 Bid Form 00 30 01-Page 3 of 3 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn(CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT REQUEST FOR BIDS ("RFB") SUNNYBROOK ROAD SIDEWALK IMPROVEMENTS (COMMUNITY DEVELOPMENT BLOCK GRANT) PROJECT N O. 18153A RFB No . 3066 Release Date: May 10, 2020 CONFORMED/FINAL CONStRUCTION." 4 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 Table of Contents Section I - Notice of Request for Bids 1 1.1 Request for Bids 1 1.2 Term 1 1.3 Schedule 1 1.4 Delivery Address and Procurement Officer 1 Section 2 - Instructions to Bidders 2 2.1 Pre-bid Conference 2 2.2 Requests for Clarification (Questions and Answers) 2 2.3 Bid Requirements 2 2.4 Requirements for Selected Bidder: 6 2.5 Submission of Bid 7 2.6 Evaluation Factors 8 2.7 Bid Acknowledgments 8 Section 3 - Conditions Governing the Procurement 12 3.1 RFB Procedural and Content Questions 12 3.2 Basis for Bid 12 3.3 Terms and Conditions 12 3.4 Signing of Bids 12 3.5 Cost of Bids 13 3.6 Ownership of Bids 13 3.7 Disqualification or Rejection of Bids 13 3.8 Right to Waive Irregularities 14 3.9 Withdrawal of Bids 15 3.10 Amending of Bids 15 3.11 Bid Offer Firm 15 3.12 Bidder's Qualifications 15 3.13 Exceptions to RFB Specifications 15 3.14 Consideration of Bids 15 3.15 City's Reservation of Rights 16 3.16 No Obligation 16 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 3.17 Sufficient Appropriation 16 3.18 Recommendation for Award 16 3.19 Construction Contract 16 3.20 Execution of Contract 16 3.21 Disputes 17 3.22 Contract Term 17 3.23 Contractor's Ethical Behavior 17 3.24 Use of Subcontractors 17 3.25 Protest Procedure 17 3.26 Insurance Requirements 20 Section 4 - Scope of Work 21 4.1 General Requirements/Background Information 21 4.2 Scope of Work 21 4.3 Work Site and Conditions 21 4.4 Contractor Quality Control and Superintendence 21 4.5 Special Instructions Federally Funded Project 21 Section 5- Bid Forms 22 Section 6 - Construction Contract Documents (Including Plans and Specifications) 1 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 Section 1 - Notice of Request for Bids Date Issued: May 10, 2020 1.1 Request for Bids A. The City of Corpus Christi ("City" or "Owner") hereby issues this request for bids ("RFB"). The City is seeking bids from firms interested and qualified in providing for the construction of sidewalk improvements including, but not limited to, curb and gutter installation; pavement repairs; storm sewer utility repairs; and incidentals. This project is federally funded by Community Development Block Grant (CDBG) funds and all federal requirements as outlined in these contract documents will apply. 1.2 Term The work is to be substantially completed within 90 days. 1.3 Schedule The following is the schedule for this procurement: Date/Time Activity May 10, 2020 Request for Bids published May 20. 2020 at 10:00 a.m. Pre-Bid Conference May 27, 2020 by 5:00 p.m. Requests for Clarification from Bidders are due Responses to Requests for Clarification June 3, 2020 will be posted via Addendum in CivCast Wednesday, June 10, 2020 at 2:00 p.m. BIDS DUE/BID OPENING July, 2020 Projected Date Award of Contract Aug, 2020 Anticipated Notice to Proceed 1.4 Delivery Address and Procurement Officer SYLVIA ARRIAGA - PROCUREMENT OFFICER City of Corpus Christi - Contracts and Procurement Department 1201 Leopard St., 1 st Floor Corpus Christi, Texas 78401 Phone: (361) 826-3530 Fax: (361) 826-3174 SylviaA@cctexas.com Page 1 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 Section 2 - Instructions to Bidders 2.1 Pre-bid Conference A. A Pre-bid Conference will be held as follows: Date: May 20, 2020 Time: 10:00 a.m. Due to concerns related to the current Covid-19 virus the pre-bid meeting is revised from an in-person meeting to a WebEx meeting only, with instructions to participate as follows: 1) Type Webex.com in your browser window 2) When the Webex site comes up, press "Join" in the upper right hand screen 3) Input meeting number: 969 038 932 4) Input meeting password: Zc18HM5gZX9J 5) To join the audio select join from your computer or use one of the selected call in numbers shown on the Webex portal after you logged in. 2.2 Requests for Clarification (Questions and Answers) All inquiries or requests regarding this RFB must be submitted in writing online via CivCast (https://www.civcastusa.com/bids) only using the electronic question submission feature specific to this RFB. Such inquiries or requests must be submitted by the due date and time for clarifications provided in this RFB. Any attempt to question City employees regarding this RFB outside of CivCast may result in the City disqualifying that Bidder. Only written responses in CivCast will be binding regarding inquiries requesting clarification or additional information. Written responses will be released in the form of an Addendum. Bidders must acknowledge receipt of all Addenda. 2.3 Bid Requirements A. This is a federally funded project and Bidder will be required to comply with all Federal Requirements as outlined in the contract documents. B. The Bidder must have operated continuously for a minimum of 5 years as an established firm in providing construction associated with sidewalk improvements, including, but not limited to, curb and gutter installation; pavement repairs; storm sewer utility repairs; and other associated Page 2 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 construction as outlined in the scope of work. This experience must be outlined in the Statement of Experience Form provided in this RFB. Bidder is advised to review the requirements prior to bid submittal. C. The Bidder must not have any outstanding lawsuits nor have been involved in any lawsuits during the last five years that may materially affect its ability to provide the work described herein. Provide information on any lawsuits that would materially affect your ability to provide the work with your bid on the Statement of Experience form. D. The Bidder must not have any outstanding regulatory issues nor had any regulatory issues during the last five years that may materially affect its ability to provide the work described herein. This includes payment of all required taxes. Provide information on any outstanding regulatory issues that would materially affect your ability to provide the work with your bid on the Statement of Experience form. E. The following are requirements for bidding: 1 . Statement of Experience - Bidder agrees to provide a Statement of Experience with its bid to demonstrate the Bidder's responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Bid being considered non-responsive. 2. Bid Security Requirements - a. Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi, Texas in the amount of 5 percent (5%) of the greatest amount bid. b. Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically shall scan and upload a copy of the Bid Security as an attachment to their bid. The original Bid Bond, cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in this Section. Page 3 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 c. Bid Bond Requirements: A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: i. fails to enter into a contract for the Project with the Owner; or ii. fails to provide the required Performance and Payment Bonds. d. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next lowest bidder. e. The Bid Bond must reference the Project by name. f. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. g. Failure to provide an acceptable Bid Security will constitute a non- responsive Bid which will not be considered. h. Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. i. Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Construction Contract or Amendments to the Construction Contract. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. j. Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. 3. Conflict of Interest Questionnaire - Bidder agrees to comply with Chapter 176 of the Texas Local Government Code which requires a Page 4 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 person who enters or seeks to enter into a contract with the City of Corpus Christi to file a Conflict of Interest Questionnaire Form (Form CIQ) with the City of Corpus Christi City Secretary's Office, if the Bidder has certain business and/or family relationships with officers of the City of Corpus Christi or has given any gifts exceeding $100 in the aggregate to an officer or a family member of an officer. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at: www.cctexas.com/departments/city-secretary/conflict-disclosure 4. Disclosure of Interest- the City of Corpus Christi's Code of Ordinances, Section 2-349, as amended, requires all persons and Bidders seeking to do business with the City to provide the Disclosure of Interest information on the City-supplied form included herewith. Every question must be answered. If the question is not applicable, answer with N/A. Bidders are obligated to provide updated information concerning the Disclosure of Interest, as warranted, for the duration of time the bids are under consideration. 5. Business Designation Form-Bidder shall complete, sign and submit the Business Designation Form in the Forms Section. The information requested is for statistical reporting purposes only. Business Designation Form must include the full legal name of the Bidder's entity. If the name provided is a dba, the Bidder must provide a valid dba certificate. 6. Contractor's Ethical Behavior Form - By submission of its bid, the Bidder promises that Bidder's officers, employees, and agents will not attempt to lobby or influence a vote or recommendation related to the Bidder's bid submitted in response to this RFB, directly or indirectly, through any contact with City Council members or other City officials between the date this RFB is released to the public and the date a Contract is executed by the City Manager or designee, except that Bidder may speak at public comment during open session of a City Council meeting. Such behavior will be cause for rejection of the Bidder's bid at the discretion of the City Manager or designee. 7. Bid Form - Failure to provide a signed Bid Form with the Bid shall be cause to reject any Bid as non-responsive. Page 5 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 2.4 Requirements for Selected Bidder: A. Form 1295 "Certificate of Interested Parties" (to be submitted if chosen for award) - Bidders must comply with Government Code Section 2252.908 and submit Form 1295 "Certificate of Interested Parties" upon notification that Bidder has been recommended for award. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: 1. Persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or 2. A person who acts as an intermediary and who actively participates in facilitating a contract or negotiating the contract with a governmental entity or state agency, including a broker, adviser, attorney or representative of or agent for the business entity who has a controlling interest or intermediary for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form 1295.htm. The form must then be printed, signed, and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. A sample copy of Form 1295 has been provided for reference only. B. Insurance/Payment and Performance Bonds - After award of the contract insurance certificates along with applicable Payment and Performance bonds will be required to be submitted for approval before work can begin on the project. Insurance must comply with the Insurance Requirements outlined in this RFB. Bonds must comply with Texas Government Code 2253 and be in the form approved by the City Attorney. Page 6 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 A. BIDDER SHALL SUBMIT ITS BID, AS INSTRUCTED HEREIN. All bids must be complete and accurate and in the City-approved format specified herein. B. BIDDER SHOULD SUBMIT ITS BID EITHER ELECTRONICALLY OR IN HARD-COPY, AS INSTRUCTED IN THE RFB. IF SUBMITTING ELECTRONICALLY SUBMIT VIA CIVCAST AT: (www.civcastusa.com) C. The City's Procurement Policy requires that all bids submitted be sealed, secret, unopened through the DUE DATE FOR BIDS specified in this RFB. Therefore, bids submitted directly to the City by facsimile machine, or e- mail will be considered non-responsive and will be eliminated from consideration. D. Bids must be received, on or before the date and time specified in this RFB. Without exception, bids received after this deadline are late, and shall be deemed non-responsive and will not be considered. The City's Contracts and Procurement Department's physical and electronic time stamps will govern the cutoff time for accepting bids. E. Bids should not include taxes as the City is tax exempt. The City's Tax Exemption Certificate will be provided upon request. F. Should there be any shipping involved in this bid, shipping shall be F.O.B. destination and included in the pricing unless specifically listed as a bid item. G. Any time stated in this RFB as a number of days shall be construed as calendar days. H. If the bid indicates "or equal", bid as specified in the RFB documents unless alternate products have been approved by the City in writing via Addendum. I. Bids submitted on other than the City's forms or with different terms and conditions not specifically approved during the RFB process will be considered nonresponsive. J. Both hard copy and electronic bids will be publicly opened and read aloud immediately following the date, time and place bids are due. Page 7 of 22 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 Due to concerns related to the current Covid-19 virus the public "in-person" bid opening at City Hall, has been replaced with a Webex video conference bid opening. Instructions to participate as follows" Meeting Number: 968 692 871 Meeting Password: GnYXbC68HS3 2.6 Evaluation Factors The City will award a contract to the Lowest Responsive, Responsible Bidder. In determining the Lowest Responsive, Responsible Bidder, the City may take into consideration the quality of the product, the adaptability to the particular use required, and the ability, capacity, experience, efficiency and integrity of the bidders as well as their financial responsibility in accordance with the Statement of Experience. Bidders shall comply with the additional detailed instructions regarding submission of bids found in this RFB. 2.7 Bid Acknowledgments A. By submitting a Bid, Bidder makes the following acknowledgments: 1 . Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2. Bidder accepts all the terms and conditions of the bid documents, including those dealing with required Bonds. The Bid will remain subject to acceptance for the period of time listed in the bid documents. 3. Bidder acknowledges that Owner, at its discretion, will correct mathematical errors contained in the Bid and will conform bid items in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 4. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. Page 8 of 22 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 5. Bidder acknowledges receipt of all addenda. 6. Bidder acknowledges that the Bidder selected for award of the Contract will be the Lowest Responsible Bidder that submits a responsive Bid. Owner will, at its discretion, award the contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates. a. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. B. By submitting a Bid, Bidder makes the following representations: 1 . The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 4. The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: a. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; b. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; c. Underground Facilities referenced in reports and drawings; d. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and Technical Data related to each of these reports and drawings. 5. The Bidder has considered the: a. Information known to Bidder; b. Information commonly known to contractors doing business in the locality of the Site; c. Information and observations obtained from visits to the Site; and d. The Contract Documents. Page 9 of 22 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 6. Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 7. The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents with respect to the effect of such information, observations, and documents on: a. The cost, progress, and performance of the Work; b. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and c. Bidder's safety precautions and programs. 9. The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11 . Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 12. Bidder will complete the Work in accordance with the Contract Documents at the prices shown in the BID FORM. a. Extended amounts have been computed in accordance with Paragraph 15.03 of SECTION 00 72 00 GENERAL CONDITIONS. Page 10 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 b. Unit Price and figures column will be used to compute the actual Bid price, plus any combination of Add or Deduct Alternates. c. Bidder will complete the Work required to be substantially completed within the time period provided in the Construction Contract. Bidder will complete the Work required for final payment in accordance with Paragraph 17.16 of SECTION 00 72 00 GENERAL CONDITIONS within the time period provided in the Construction Contract. Page 1 1 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 Section 3 - Conditions Governing the Procurement 3.1 RFB Procedural and Content Questions A. Any Bidder requiring further clarification of the RFB procedures should submit specific requests for clarification to the Procurement Officer as described in this RFB. B. During a review of this RFB and preparation of the bid, certain errors, omissions or ambiguities may be discovered. If so, or if there are doubts or concerns about the meaning of any part of this RFB, questions should be submitted to the Procurement Officer as described in this RFB. C. Addenda will be issued to address the questions and answers along with any changes to the documents as a result of these clarifications. 3.2 Basis for Bid Only the information contained in this RFB, questions and answers, addenda hereto and information supplied by the City in writing through the Procurement Officer should be used in the preparation of the bid. 3.3 Terms and Conditions With its bid, the Bidder is committing to the terms and conditions as outlined in the Construction Contract. Any concerns over the terms and conditions must be resolved during the procurement stage through the Request for Clarification (question and answer) process. 3.4 Signing of Bids A. By submitting and signing a bid, the Bidder indicates its intention to adhere to the provisions described in this RFB. Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. Page 12 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 B. Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. C. Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. D. Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. 3.5 Cost of Bids This RFB does not commit the City to pay any costs incurred by a Bidder for preparation and submission of a bid or for procuring or contracting for the items to be furnished under this RFB. All costs directly or indirectly related to preparing and responding to this RFB, including all costs incurred for supplementary documentation, shall be borne solely by the Bidder. 3.6 Ownership of Bids All documents submitted in response to this RFB shall become the property of the City. 3.7 Disqualification or Rejection of Bids Bidders may be disqualified and or have their bid rejected for any of the following reasons: 1 . There is reason to believe that collusion exists among the Bidders; 2. The Bidder is involved in any litigation against the City; 3. The Bidder is in arrears on an existing contract or has defaulted on previous contracts with the City; 4. The Bidder lacks financial stability; Page 13 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 5. The Bidder has failed to perform under previous or existing contracts with the City; 6. The Bidder has failed to use the City's approved forms; 7. The Bidder has failed to adhere to one or more of the provisions established in this RFB; 8. The Bidder has failed to submit its bid in the format specified herein; 9. The Bidder has failed to submit its bid before the deadline established herein; 10. The Bidder has failed to adhere to generally accepted ethical and professional principles during the bid process; 11 . The Bidder has failed to provide a detailed cost summary in the bid if required; 12. The Bid Form is not included or not signed by an individual empowered to bind the Bidder; 13. Failure to provide adequate Bid Security; 14. More than one Bid for the same Work form an individual, firm, partnership or corporation; 15. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable; 16. Bids received from a Bidder who has been debarred or suspended by the City; 17. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies; 18. Bids received from a Bidder identified on a list prepared and maintained by the Texas Comptroller under Chapter 2252 of the Texas Government Code; 19. Failure to submit the Statement of Experience; 20. Failure to acknowledge receipt of Addenda; 21 . Bidder's Safety Experience; or 22. Evidence of Bidder's lack of capacity to perform the Work. 3.8 Right to Waive Irregularities Bids shall be considered "irregular" if they show any omissions, alterations of form, additions or conditions not called for, unauthorized alternate bids or irregularities of any kind. The Procurement Officer reserves the right to waive minor irregularities and mandatory requirements. This right may be exercised at the sole discretion of the Procurement Officer. Page 14 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 3.9 Withdrawal of Bids Bids may be withdrawn by the Bidder prior to the exact hour and DUE DATE FOR BIDS. 3.10 Amending of Bids A Bidder may amend a bid prior to the exact hour and DUE DATE FOR BIDS. 3.11 Bid Offer Firm By submission of its bid, the Bidder affirms that its bid is firm for 90 days after the DUE DATE FOR BIDS and if awarded a contract the bid then remains firm for the duration of the contract. 3.12 Bidder's Qualifications The City may make such investigations as necessary to determine the ability of the Bidder to adhere to the requirements specified herein. The Procurement Officer may reject the bid of any Bidder who is not considered to be a responsible Bidder. 3.13 Exceptions to RFB Specifications Although the specifications in the following sections represent the City's anticipated needs, there may be instances in which it is in the City's best interest to permit exceptions to specifications and evaluate alternatives. If the RFB specifically allows exceptions or alternates, it is vital that the Bidder make very clear where exceptions are taken to the specifications and how the Bidder will provide alternatives. Therefore, when allowed, exceptions, conditions or qualifications to the provisions of the City's specifications must be clearly identified as such, together with reasons for taking exception and submitted as a request for clarification during the bid process. If the Bidder does not make clear that an exception is being taken, the City will assume the Bidder is, in its bid, responding to and will meet the specifications and requirements of this RFB. 3.14 Consideration of Bids Discussions may be conducted with responsible Bidders qualified to be selected for award for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Until award of the Contract is made by the City, the City reserves the right to reject any or all bids, to waive technicalities, to re-advertise for new bids or to proceed with the work in any manner as may be considered in the best interest of the City. Should the City require clarification from the bidder, the City shall contact the individual named as the organization's contact person in Bid Form. The City may elect to conduct post-submission reference checks. Page 15 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 3.15 City's Reservation of Rights The City reserves the right to: 1. cancel this RFB at any time; 2. reject any or all bids submitted in response to this RFB; 3. waive any material defect, irregularity or informality in any bid or bidding procedure; 4. reissue the RFB; 5. extend the bid opening time and date or any other timelines outlined by the RFB; and procure any item by other means. 3.16 No Obligation In no manner does this RFB obligate the City or any of its agencies to the eventual services offered until confirmed by an executed written Contract. 3.17 Sufficient Appropriation Any Contract awarded as a result of this RFB process may be terminated if sufficient appropriations or authorizations do not exist. The City's decision as to whether sufficient appropriations and authorizations are available shall be accepted by the Bidder as final. 3.18 Recommendation for Award City staff will recommend to the City Manager that award be made to the Bidder(s) whose bid is determined by the City to be the lowest, responsive, responsible bid for the City. To determine responsibility, the City may consider items such as: 1. ability, capacity, experience, efficiency and integrity of the Bidder; 2. Bidder's financial responsibility; 3. Bidder's past performance or relationship with the City or with other entities; 4. Bidder's safety record; or 5. whether a Bidder is in pending litigation or is involved in a lawsuit or claim against the City 3.19 Construction Contract A copy of the Construction Contract form is attached hereto. The successful Bidder will be required to sign such Construction Contract if selected for award. The City will conform the Contract to changes made during the solicitation process prior to final execution of the Contract. 3.20 Execution of Contract The City Manager shall award or make recommendation of award to City Council of the Contract to the successful Bidder(s) and will designate the successful Bidder(s) ("Contractor") as the City's Provider(s). The City will require Page 16 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 the Contractor(s) to sign the documents necessary to enter into the required Contract with the City and to provide the required bonds and the necessary evidence of insurance as required in the Contract documents. No Contract for this project may be signed by the City without the authorization of the City Manager and/or City Council, and no Contract shall be binding on the City unless and until it has been approved as to form by the City Attorney's Office and executed by the City Manager or designee. 3.21 Disputes In the case of any doubt or difference of opinion with regard to the items to be furnished by a Bidder or the interpretation of the provisions of this RFB, the decisions of the City shall be final and binding upon all parties. 3.22 Contract Term The contract will commence on execution of the Contract by the City and the issuance of a notice to proceed. 3.23 Contractor's Ethical Behavior By submission of its bid, the Bidder promises that Bidder's officers, employees, and agents will not attempt to lobby or influence a vote or recommendation related to the Bidder's bid submitted in response to this RFB, directly or indirectly, through any contact with City Council members or other City officials between the date this RFB is released to the public and the date a Contract is executed by the City Manager or designee, except that the Bidder may speak at public comment in open session of a City Council meeting. Such behavior will be cause for rejection of the Bidder's bid at the discretion of the City Manager or designee. 3.24 Use of Subcontractors The Bidder may use subcontractors in connection with the work performed if awarded a Contract. When using subcontractors, however, the Bidder must comply with the terms of the Construction Contract. . In using subcontractors, the Bidder is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Bidder. All requirements set forth as part of the Contract are applicable to all subcontractors and their employees to the same extent as if the Bidder and its employees had performed the services. 3.25 Protest Procedure A. These procurement protest procedures are applicable to procurement of goods or services by the City of Corpus Christi including where federal funds Page 17 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 are used in whole or in part. These protest procedures are also made applicable to recipients awarded a grant of federal funds through the city of Corpus Christi who intend to provide such funds to sub recipients pursuant to an approved plan, project or activity. This protest process does not create any due process rights, but is intended to allow bidders/proposers to raise concerns regarding actions taken pertaining to a bid or other form of competitive solicitation. B. The City's Contracts and Procurement Department has the authority to settle or resolve any claim of an alleged deficiency or protest. The procedures for notifying the City of Corpus Christi of an alleged deficiency or filing a protest are listed below. If you fail to comply with any of these requirements, the Procurement Officer may dismiss your complaint or protest. C. GROUNDS FOR PROTEST Only protests alleging an issue concerning the following subjects will be considered: 1 . Violation of local, state or federal regulation. 2. Issues with the solicitation document that creates an unfair advantage or unleveled playing field. 3. Errors in computing the tabulation or evaluation of a bid or proposal. 4. Discrepancies with material differences or quality of items or services D. PROTEST PROCESS 1. Prior to Bid/Proposal Due Date: If you are a prospective Bidder/Proposer and you become aware of the facts regarding what you believe is a deficiency in the solicitation or solicitation process before the Due Date for receipt of bids/proposals, you must notify the City in writing of the alleged deficiency no later than five days before the Due Date for bids/proposals, giving the City an opportunity to resolve the situation prior to the bid/proposal Due Date. 2. After Bid/Proposal Due Date: If you submit a bid/proposal to the City and you believe that there has been a deficiency in the solicitation process or the award, you have the opportunity to protest the solicitation process or the recommended award as follows: Page 18 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 a. You must file written notice of your intent to protest within five calendar days of the date that you know or should have known of the facts relating to the protest. If you do not file a written notice of intent within this time, you have waived all rights to protest the solicitation process or the award. b. You must file your written protest within seven calendar days of the date that you notified the City of your intent to protest. c. You must submit your protest in writing and must include the following information: i. your name, address, telephone, and fax number; and ii. the solicitation number; and iii. a detailed statement of the factual grounds for the protest, including copies of any relevant documents; and iv. signature of the protestor and its representative and evidence of authority to sign; and v. the form of relief requested. d. Your protest must be concise and presented logically and factually to help with the City's review. e. When the City receives a timely written protest, the Procurement Officer will determine whether the grounds for your protest are sufficient. If the Procurement Officer decides that the grounds are sufficient, the Contracts and Procurement Office will schedule a protest hearing, usually within five (5) working days. If the Procurement Officer determines that your grounds are insufficient, the City will notify you of that decision in writing. 3. Informal Protest Hearing - The protest hearing is informal and is not subject to the Open Meetings Act. The purpose of the hearing is to give you a chance to present your case, it is not an adversarial proceeding. Those who may attend from the City are: representatives from the department that requested the purchase, the Legal Department, the Contracts and Procurement Department, and other appropriate City staff. You may bring a representative or anyone else that will present information to support the factual grounds for your protest with you to Page 19 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 the hearing. 4. Protest Decision - A written decision will usually be made within 15 calendar days after the hearing. The City will send you a copy of the hearing decision after the appropriate City staff has reviewed the decision. City staff will inform the Bidder of the date on which the Construction Contract is set to go to City Council for award. 5. Exceptions; Restrictions - When a protest is filed, the City usually will not make an award until a decision on the protest is made. However, the City will not delay an award if the City Manager or the Procurement Officer determines that: a. the City urgently requires the supplies or services to be purchased, or b. failure to make an award promptly will unduly delay delivery or performance. In those instances, the City will notify you and make every effort to resolve your protest before the award. 6. Federal Agency Review - If applicable, every protestor must exhaust all administrative remedies with the City of Corpus Christi as are provided in this Protest Procedure before pursuing a protest to the appropriate federal agency. Reviews of protests by the federal agency are limited to: a. violations of federal law or regulations and the standards set out in the relevant regulations (44 CFR § 13.36.10, 24 CFR § 85.36(b)(12), 24 CFR § 84.41 or as otherwise may be applicable); and b. violations of the City's Protest Procedures for failure to review a complaint or protest. Any protests received by the federal agency other than those specified above will be referred to the City for handling and resolution. 3.26 Insurance Requirements Insurance requirements will be as outlined in the Construction Contract. Page 20 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 Section 4 - Scope of Work 4.1 General Requirements/Background Information The Contractor shall provide construction for installation of sidewalks including all related work as outlined in the project scope of work. This project is federally funded by Community Development Block Grant (CDBG) funds and all federal requirements as outlined in these contract documents will apply. 4.2 Scope of Work The project scope consists of the construction of the sidewalk along Sunnybrook Road from Ayers Street to Evelyn Street which includes, but is not limited to the following items; site preparation, demo of existing improvements, installation of sidewalk, curb and gutter, pavement, storm sewer utility repairs and incidentals. 4.3 Work Site and Conditions The work shall be performed o Sunnybrook Road from Ayers Street to Evelyn Street, in Corpus Christi, Texas, in Nueces County as outlined in the attached specifications. Regular working hours are between sun-up and sun-down unless other times are specifically authorized in writing by City. 4.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Management Program as per the Plans and Specifications. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 4.5 Special Instructions Federally Funded Proiect This project is federally funded by the Community Development Block Grant Program (Funding Agency). The Funding Agency requires specific conditions and reporting as a condition for providing this funding. The conditions and reporting forms of the Funding Agency are included in these contract documents. The Funding Agency requirements govern in the event of any conflict between the Funding Agency requirements and any other provisions of the Contract Documents. Page 21 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 Section 5 - Bid Forms The Bid must consist of the following items that are to be returned by the due date specified: 1) Bid Form - Bidder is to provide on the attached Bid Form, a cost per unit for each construction line item associated with the construction of sidewalk installation, including site preparation, demo of existing improvements; curb and gutter; pavement repair; storm sewer utility repairs and incidental items related to such construction. 2) Statement of Experience 3) Disclosure of Interest Form 4) Business Designation Form 5) Ethical Behavior Form 6) Federal Requirement Certification - FR 13 Suspension and Debarment 7) Federal Requirement Certification - FR 14 Certification Regarding Lobbying 8) Bid Security Please refer to the "Instructions to Bidders" for more specific requirements for putting your bid together. Please note that all forms must be completed and signed. Any erasures or other changes must be initialed by the person signing the bid. In the case of a discrepancy between the unit price and total price, the unit price will be presumed to be correct and totals recalculated accordingly. Only one bid will be allowed per firm/company. Bidders should submit either electronically or hard copy as outlined in this RFB, but not both. In the event of receipt of both hard copy and electronic bids by the same company, the City will reject the bid submitted electronically. Page 22 of 22 Revised 2.21.20 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1ED761A85383 00 30 01 BID FORM Addendum No. 1 Project Name: Sunnybrook Road Sidewalk Improvements Phase 1 and 2 Project Number: 18153A Owner: City of Corpus Christi OAR: TBD Designer: Munoz Engineering By its signature below, Bidder accepts all of the terms and conditions of the Bid Acknowledgement, acknowledges receipt of all Addenda to the Bid and agrees, if this Bid is accepted, to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. Bidder: (full legal name of Bidder) Signature: (signature of person with authority to bind the Bidder) Name: (printed name of person signing Bid Form) Title: (title of person signing Bid Form) Attest: (signature) State of Residency: Federal Tx ID No. Address for Notices: Phone: Email: Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al MOBILIZATION (5% MAX.) LS 1 A2 BONDS AND INSURANCE (AS REQUIRED) AL 1 A3 PROP -STORM WATER POLLUTION PREVENTION PLAN LS 1 A4 PROP - INLET PROTECTION BARRIER EA 31 A5 PROP - DITCH PROTECTION LS 1 A6 PROP -TRAFFIC CONTROL PLAN AND PREPARATION EA 1 PROP -TRAFFIC CONTROL MOBILIZATION/ A7 ADJUSTMENTS I EA 1 Bid Form 00 30 01- Page 1 of 3 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1ED761A85383 00 30 01 BID FORM Addendum No.1 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT A8 PROP -TRAFFIC CONTROL DEVICES (DRUMS, CONES, ETC.) MTH 5 A9 PROP -OZONE ACTION DAY EA 1 ALLOWANCE FOR STREET REPAIR OF POTHOLES WITHIN A10 PROJECT AREA AL 1 $8,500 $ 8,500.00 SUBTOTAL PART A-GENERAL(Items Al thru A10) Part B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 131 DEMO - PAVEMENT- HMAC SF 6350 B2 DEMO - SIDEWALK-CONCRETE SF 413 B3 DEMO - DRIVEWAY-GRAVEL SF 2,980 B4 DEMO - DRIVEWAY-CONCRETE SF 2,458 B5 DEMO - SIGN - STOP EA 6 B6 DEMO - SIGN - SPEED 30 MPH EA 1 B7 DEMO & REPLACE - FENCE - CHAINLINK LF 40 B8 PROP - PAVEMENT- HMAC REPAIR SF 5,382 B9 PROP - PAVEMENT- HMAC REPAIR (FULL DEPTH) SF 910 B10 PROP - DRIVEWAY- CONCRETE SF 5,470 B11 PROP -SIGN -STOP WITH STREET ID PLAQUES EA 6 B12 PROP -SIGN -SPEED 30 MPH EA 3 B13 PROP -SIGN - PEDESTRIAN CROSSING EA 2 B14 ALLOWANCE FOR STREET REPAIRS LS 1 $8,500 $ 8,500.00 B15 ALLOWANCE FOR UNANTICIPATED STREET 1 $15,000 IMPROVEMENTS AL $ 15,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items 131 thru B15) Part C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 DEMO - SITE CLEARING AND STRIPPING AC 2 C2 DEMO - CONC HEADER CURB LF 8 C3 DEMO -TREE REMOVAL EA 6 C4 PROP -SIDEWALK- CONC (4-INCH) SF 19,050 C5 PROP -SIDEWALK- MONOLITHIC CURBING LF 154 C6 PROP - RAISED CROSSWALK- HMAC SF 550 C7 PROP - RAISED CROSSWALK MARKINGS LS 1 C8 PROP - HYDROMULCH SF 48,210 C9 PROP - DETECTABLE WARNING EA 24 C10 ADJUST- EXIST AT&T BOX EA 1 C11 AL 1 $10,000 $ 10,000.00 ALLOWANCE FOR UNANTICIPATED ADA IMPROVEMENTS SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 thru C11) Part D-STORM WATER UTILITY IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 DEMO - CURB AND GUTTER I LF 1 65 Bid Form 00 30 01- Page 2 of 3 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1ED761A85383 00 30 01 BID FORM Addendum No.1 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT D2 DEMO - POST INLET CONC TOP EA 16 D3 DEMO - REINFORCED CONCRETE PIPE - 18-INCH LF 65 D4 DEMO - PVC- 12-INCH LF 32 D5 DEMO - CONC HEADWALL EA 2 PROP -STORM WATER MANHOLE TOP ADJUSTMENT TO D6 EA 2 FINAL GRADE D7 PROP - POST INLET CONC TOP EA 16 D8 PROP - POST INLET EA 4 D9 PROP -CURB AND GUTTER LF 175 D10 PROP - REINFORCED CONCRETE PIPE - 18-INCH LF 320 D11 PROP - DITCH REGRADING LF 2,112 D12 ALLOWANCE FOR UNANTICIPATED STORM WATER AL 1 $10,000 $ 10,000.00 UTILITY IMPROVEMENTS SUBTOTAL PART D-STORM WATER UTILITY IMPROVEMENTS(D1 THRU D12) Part E-WATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 ADJT- EXIST WATER VALVE BOX AND COVER EA 6 E2 ALLOWANCE FOR UNANTICIPATED WATER UTILITY AL 1 $1,500 $ 1,500.00 IMPROVEMENTS SUBTOTAL PART E-WATER IMPROVEMENTS(E1 THRU E2) Part F-GAS IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 ADJT- EXIST GAS VALVE BOX AND COVER EA 4 F2 ALLOWANCE FOR UNANTICIPATED GAS UTILITY AL 1 $1,000 $ 1,000.00 IMPROVEMENTS SUBTOTAL PART F-GAS IMPROVEMENTS(F1 THRU F2) TOTAL PROJECT BASE BID (PARTS A THRU F) Bid Form 00 30 01- Page 3 of 3 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 CONTRACT DOCUMENTS FOR CONSTRUCTION OF SUNNYBROOK ROAD SIDEWALK IMPROVEMENTS [COMMUNITY DEVELOPMENT BLOCK GRANT] PROJECT NUMBER 18153A To c �r7r� Munoz Engineering, LLC 1608 S. Brownlee Boulevard, Corpus Christi, Texas 78404 Office: (361) 946-4848 TBPE Firm No. F-12240 aw /. Cf7Q .JCZ III � Record Drawing Number: STR 965 �+ CONFORMED/FINAL CONSTRUCTION DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 00 01 00 TABLE OF CONTENTS Division/ Title Section Division 00 Contracting Requirements 00 52 23 Agreement (Rev8-2019) 00 72 00 General Conditions (Rev8-2019) 00 73 00 Supplementary Conditions (Rev8-2019) 00 74 00 Special Conditions for CDBG Projects(Rev 10-2018) Division 01 General Requirements 01 11 00 Summary of Work(Rev 10-2018) 0123 10 Alternates and Allowances(Rev 10-2018) 01 29 01 Measurement and Basis for Payment (Rev8-2019) 01 3301 Submittal Register(Rev 10-2018) 01 3500 Special Procedures (Rev10-2018) 01 5000 Temporary Facilities and Controls (Rev8-2019) 01 5700 Temporary Controls_(Rev8-2019) Table of Contents 000100- 1 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 Division/ Title Section Part S Standard Specifications 021020 Site Clearing & Stripping 021040 Site Grading 021080 Removing Abandoned Structures 022020 Excavation & Backfill for Utilities 022022 Trench Safety for Excavations 022040 Street Excavation 022060 Channel Excavation 022080 Embankment 022100 Select Material 022420 Silt Fence 025202 Scarifying and Reshaping Base Course 025205 Pavement Repair, Curb, Gutter, Sidewalk & Driveway Replacement 025210 Lime Stabilization 025223 Crushed Limestone Flexible Base 025404 Asphalts, Oils, & Emulsions 025412 Prime Coat 025424 Hot Mix Asphalt Concrete Pavement 025608 Inlets 025610 Concrete Curb & Gutter 025612 Concrete Sidewalks & Driveways 025614 Concrete Curb Ramps 025620 Portland Cement Concrete Pavement 025802 Temporary Traffic Control During Construction 025807 Pavement Markings (Paint and Thermoplastic) 025813 Preformed Thermoplastic Striping, Words & Emblems 025816 Raised Pavement Markers 025818 Reference Specification - TxDOT DMS-4200 Pavement Markers TxDOT (Reflectorized) 025828 Reference Specification - TxDOT DMS-6130 Bituminous Adhesive TxDOT For Pavement Marker 027402 Reinforced Concrete Pipe Culverts 028020 Seeding Table of Contents 000100-2 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 Division/ Title Section 028040 Sodding 028300 Fence Relocation 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures 055420 Frames, Grates, Rings, & Covers Appendix Title 1 Subsurface Utility Engineering Data END OF SECTION Table of Contents 000100-3 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi, Texas Munoz Engineering, LLC B. The following entities, along with the members of the OPT, are to be named as an additional insured on all insurance policies, except workers compensation insurance and the Contractor's professional liability insurance. None C. Paragraph 1.01.A.54"Substantial Completion" is more specifically defined for this Project as: 1. The following items are fully functional and suitable for operation in accordance with the Contract Documents: a. Sidewalk improvements b. Street repairs and improvements ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Storm water Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Supplementary Conditions 007300- 1 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 9 rain days have been set for this Project. An extension of time due to rain days will be considered only after 18 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: None Drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) include the following: a. Mansheim Area Improvements, RVE Engineering-Diving-Surveying, 6/14/2010 - The Contractor may rely on the following Technical Data in using this document: 1) All information presented with regard to material type and general location. b. Mansheim Area Drainage Improvements — Phases 2A — 6A Bond Issue 2004 — Cluster 4 Mansheim/Sunnybrook Area, LNV, 09/02/2009 - The Contractor may rely on the following Technical Data in using this document: 1) All information presented with regard to material type and general location. C. Mansheim & Helen (2008 Bond)—Gabriel to Kostoryz& Sunnybrook to Gollihar, RVE, 05/25/2010 - The Contractor may rely on the following Technical Data in using this document: 1) All information presented with regard to material type and general location. d. Sunnybrook Road Sidewalk Improvements—Subsurface Utility Engineering Data, CobbFendley, 02/20/2020 - The Contractor may rely on the following Technical Data in using this document: 1) All information presented with regard to material type and general location. Supplementary Conditions 007300-2 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner. ARTICLE 6—BONDS AND INSURANCE SC-6.03 REQUIRED MINIMUM INSURANCE COVERAGE INSURANCE REQUIREMENTS CONTRACTOR'S INSURANCE AMOUNTS Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non- $1,000,000 Combined Single Limit Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability / $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental X Required ❑ Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges Supplementary Conditions 007300-3 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 ❑ Required X Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required X Not Required ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.02 LABOR; WORKING HOURS B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of person or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Regular working hours are from sun up to sun down Monday through Friday unless other times are specifically authorized in writing by OAR. SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50percent of the Work, measured as a percentage of the Contract Price, using its own employees." ARTICLE 19—PROJECT MANAGEMENT AND COORDINATION SC-19.21 COOPERATION WITH PUBLIC AGENCIES C. For the Contractor's convenience,the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 Munoz Engineering, LLC 361-946-4848 Thomas Tiffin, PE 361-946-4848 Traffic Engineering 361-826-3547 Police Department 361-882-2600 361-826-1800 (361-826-1818 after Water/Wastewater/Stormwater hours) Gas Department 361-885-6900 (361-885-6942 after hours) Parks & Recreation Department 361-826-3461 Street Department 361-826-1875 City Street Div. for Traffic Signals 361-826-1610 Supplementary Conditions 007300-4 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 Public Agencies/Contacts Phone Number Solid Waste & Brush 361-826-1973 IT Department(City Fiber) 361-826-1956 AEP 1-877-373-4858 AT&T 361-881-2511 (1-800-824-4424 after hours) Grande Communications 1-866-247-2633 Spectrum Communications 1-800-892-4357 Crown Castle Communications 1-888-632-0931 (Network Operations Center) Centuryl-ink 361-208-0730 W i ndstream 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY SC-23.03 Goals A. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction Work for the Contract award shall be 1. Minority participation goal for this Project has been established to be 45%. 2. Minority Business Enterprise participation goal for this Project has been established to be 15%. 3. Disadvantaged Business Enterprise participation goal for this Project has been established to be 0%. ARTICLE 25—SHOP DRAWINGS SC-25.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description 01 33 01 See Section 0133 01 Submittal Register ARTICLE 26—RECORD DATA Supplementary Conditions 007300-5 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:6F35E419-9A40-4FBB-B459-1 ED761 A85383 SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description 01 33 01 See Section 0133 01 Submittal Register END OF SECTION Supplementary Conditions 007300-6 18153A Sunnybrook Road Sidewalk—Ayers to Evelyn (CDBG) Rev 8/2019 DocuSign Envelope ID:30D33Al5-A3AE-445C-A304-517877A5387F NOTICE TO PROCEED Contractor: JE Construction Services LLC Project: 18153A Sunnybrook Sidewalk Improvements (CDBG) CONTRACTS AND This notice serves as authorization to begin construction on the referenced project. Contractor PROCUREMENT has been provided an electronic copy of the executed Contract Document. Contractor shall DEPARTMENT begin construction on August 24, 2020. You are hereby advised that all project signs, barricading and signage as required by the plans and specifications, shall be in place and PO Box 9277 approved prior to beginning construction operations. As provided in the contract documents, Corpus Christi all work on this project is to be completed within 90 calendar days, after construction is begun. Texas, 78469-9277 Resident inspection on the project will be provided by the City's Engineering Department Phone: Construction Division. Please notify your designated Construction Inspector 48 hours prior to 361.826.3160 beginning construction. Key dates related to completion of construction, and associated liquidated damages are listed below. DocuSigned by: Issued By: BakA—1 Date: 8/7/2020 _ 181C3E1A7D0344F... Kim Baker, Director of Contracts and Procurement Milestone Dates: Date of Notice to Proceed with Construction August 24, 2020 Anticipated Date of Completion November 22, 2020 Contract Time Calendar Days 90 Cal Days (substantial) 120 Cal Days (final) Liquidated Damages $ 400 /day(substantial) $ 400 /day(final) Distribution List: Jeff Edmonds, Dir. Engr. Michael Rodriguez, Chief of Staff Claudia Pena, Engr Brett Van Hazel, Constr Kim Baker, CAP Maria Pedraza, CAP Ratna Pottumuthu, Engr Construction Inspectors Construction MAs Design Consult Sylvia Arriaga,CAP Clarissa Johnson,CAP Lynda Herndon, Engr Stacey Pillinger, Engr Zenona Casas, Engr Hilda Mihalco, Engr Sandra Gomez Larijai Francis, Engr Mail Bernal Angelica Garza, CAP Grace Limas, CAP Utilities Mail Box Gerald Garcia, Util Daniel Deng, Util William Creech, Util Brittany Mouttet, Util Maria Godina, Engr Gabriel Ramirez, Util Dan Grimsbo, Util Fred Pena, Util Sarah Munoz, Streets Renee Couture,Traffic Tony Salinas,Traffic Signals Sonny Garza, Land Acq Robert Rocha, Fire Joe Johnson, Parks&Rec Becky Perrin, Parks&Rec Jim Davis,Asset Mgr Charles Mendoza,Asset Mgt David Lehfeldt, Solid Wste Philip Aldridge, Solid Wste Keith Rodriguez, Gas Robert Robles, MIS Peter Collins, IT Richard Martinez,Streets Thomas Klein, Engr Larry Wenger, Engr David Thornberg, Engr Isaac Perez, Engr Alvin Wishert DATE(MM/DD/YYYY) ACS" CERTIFICATE OF LIABILITY INSURANCE 08/03/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Honey Counts NAME: K&S Insurance Agency PHONE (g72)772-7262 FAX (972)771-4695 (AC, C No Ext): A/C,No 2255 Ridge Road,Ste.333 E-MAIL hcounts@kandsins.com ADDRESS: P.O. Box 277 INSURER(S)AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURER A: FCCI Insurance Co. 10178 INSURED INSURER B: Monroe Guaranty Ins.Co. 32506 JE Construction Services LLC INSURER C: National Trust Insurance Co. 20141 7505 Up River Rd INSURER D: Texas Mutual Insurance Co. 22945 INSURER E. Hanover Insurance Company 22292 Corpus Christi TX 78409 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDrence $ 100,000 MED EXP(Any one person) $ 10,000 A CPP100032611 11/02/2019 11/02/2020 PERSONAL&ADV INJURY $ 1'000'000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2'000'000 POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED CA100007275 11/02/2019 11/02/2020 BODILY INJURY(Per accide nt) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5'000'000 C EXCESS LAB CLAIMS-MADE UMB100018988 11/02/2019 11/02/2020 AGGREGATE $ 5'000'000 DED I X1 RETENTION $ 10'000 �/ $ WORKERS COMPENSATION /� STATUTE EORH AND EMPLOYERS'LIA BI LI TY YIN 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ D OFFICER/MEMBER EXCLUDED? N/A 0001306815 05/17/2020 05/17/2021 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes.describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Contractors Equipment Max Per Item 650,000 E Leased/Rented Equipment IHDA75524904 11/02/2019 11/02/2020 Max Occurrence 2,000,000 Deductible 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) [Job#: Job Type:30DNOC] Project: 18153A Sunnybrook Sidewalk Improvements(CDBG) `Additional Insured,Waiver of Subrogation&Primary&Non-Contributory forms#CGLO88 01/15, CGLO84 10/13,CGL2001 04/13 applies to the General Liability policy. `Additional Insured,Waiver of Subrogation&Primary&Non-Contributory forms CAU058 05/19 and CAU042 01/15 apply to the Auto Liability policy. `Waiver of Subrogation form#WC 420304B 06/14 applies to the Workers Compensation policy. Umbrella policy follows form. SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Corpus Christi Texas ACCORDANCE WITH THE POLICY PROVISIONS. 1201 Leopard St AUTHORIZED REPRESENTATIVE City Hall,First Floor Corpus Christi TX 78401 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s)to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I-COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "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. 2. Non-owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability—Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for"property damage"to any one borrowed equipment item under this coverage is $25,000 per"occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data"that does not result from physical injury to tangible property. The most we will pay under Coverage A for"property damage" because of all loss of"electronic data" arising out of any one "occurrence" is $10,000. We have no duty to investigate or defend claims or"suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V— DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) For purposes of this Limited Electronic Data Liability coverage, the definition of"Property Damage" in SECTION V— DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence"that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence"that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I —COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions —the Contractual Liability Exclusion is deleted. SECTION I —COVERAGES, the following coverages are added: COVERAGE D.VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for"property damage" caused by an "occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products-completed operations hazard"; f. Motor vehicles; g. "Your product" arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the "property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products-completed operations hazard"; e. Motor vehicles; f. "Your product" arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a "seller", we will reimburse you for"product withdrawal expenses" associated with "your product" incurred because of a "product withdrawal'to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 3 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses"which are incurred and reported to us within one year of the date the "product withdrawal"was initiated. d. The initiation of a "product withdrawal"will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal"This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw"your products"which contain: (1) The same "defect"will be deemed to have arisen out of the same "product withdrawal"; or (2) A different"defect"will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any"product withdrawal" initiated due to: (1) The failure of"your products"to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of"your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of"your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of"your product". b. A"product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or"property damage" is excluded under Coverage A- Bodily Injury And Property Damage Liability by endorsement. d. Recall of"your products"which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or"suit" against you for"product withdrawal expenses". CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 4 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A"Defect" Or A"Product Withdrawal' (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: (a) How, when and where the "defect"was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of"your product". (2) If a "product withdrawal' is initiated, you must: (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; (b) Send us written notice of the "product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal'. 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect" means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of"your product"which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal"will not be limited to those batches of"your product"which are known or suspected to have been tampered with. c. "Product withdrawal' means the recall or withdrawal of"your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect" in "your product", or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non-salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; (7) Costs of warehouse or storage space; or CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 5 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) (8) Costs of proper disposal of"your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but"product withdrawal expenses" does not include costs of the replacement, repair or redesign of"your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor', we will pay those sums that you become legally obligated to pay as damages because of"property damage"to "your product", "your work" or"impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or"suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the "coverage territory' during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments —Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury" or"personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 6 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage"to property owned by, rented or leased to the insured. h. Any liability incurred or"property damage"which occurs, in whole or in part, before you have completed "your work." "Your work"will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage"to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than "your product," "your work" or"impaired property." m. Any liability arising from claims or"suits"where the right of action against the insured has been relinquished or waived. n. Any liability for"property damage"to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does not include a "seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 7 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) We may pay any part or all of the deductible amount to effect settlement of any claim or"suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. COVERAGE H. LOST KEY COVERAGE 1. Insuring Agreement We will pay those sums, subject to the limits of liability described in SECTION III LIMITS OF INSURANCE in this endorsement and the deductible shown below, that you become legally obligated to pay as damages caused by an "occurrence" and due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your"employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: a. Actual cost of the keys; b. Cost to adjust locks to accept new keys; or c. Cost of new locks, if required, including the cost of installation. 2. Exclusions This insurance does not apply to: a. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured; b. Any resulting loss of use; or c. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insured: 1) Misappropriation; 2) Concealment; 3) Conversion; 4) Fraud; or 5) Dishonesty. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $1,000. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 8 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) SECTION I -COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS—COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS—COVERAGES A, B, D, E, G, and H. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to$2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II—WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the "bodily injury", "property damage" or"personal and advertising injury" for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and (5) Nothing herein shall extend the term of this policy. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 9 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any"occurrence"that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or"property damage" included within the "products-completed operations hazard". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to "bodily injury" or"property damage" caused by"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury" or"property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 10 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of"bodily injury" or"property damage" included in the "products-completed operations hazard"; c. Damages under Coverage B; d. Voluntary"property damage" payments under Coverage D; e. Care, Custody or Control damages under Coverage E.; and f. Lost Key Coverage under Coverage H. 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary"property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; f. Contractors Errors and Omissions under Coverage G.; and, g. Lost Key Coverage under Coverage H. because of all "bodily injury" and "property damage" arising out of any one "occurrence". 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises, while rented to you, CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 11 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of$10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of"bodily injury' sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one "occurrence" is $1,500. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one "occurrence" is $1,000. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for"product withdrawal expenses" in any one-policy period, regardless of the number of insureds, "product withdrawals" initiated or number of"your products"withdrawn is $10,000. 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one-policy period, regardless of the number of insureds, claims or"suits" brought, or persons or organizations making claim or bringing "suits" is $10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. Subject to Paragraph 5. above, the most we will pay under Coverage H., Lost Key Coverage for damages arising out of any one occurrence is $50,000. 10. Paragraph 13. is added as follows: 13. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means 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. 11. Paragraph 14. is added as follows: 14. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 12 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. This requirement applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee") or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence"to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 13 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or"your work" included in the "products-completed operations hazard" under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 14 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE OPTIONAL Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the"coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II—Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. Your work" performed for the additional insured and included in the"products-completed operations hazard" if such coverage is specifically required in the written contract or agreement. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of 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; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV—Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or"suit" under this insurance, and of any claim or"suit"that does result; 2. Send us copies of all legal papers received in connection with the claim or"suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or"suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL AUTO CAU 058 (05 19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II—COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to"bodily injury" or"property damage"that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. If. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or"property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured"for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. g. Any"employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) 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. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 4 Copyright 2018 FCCI Insurance Group. QUOTE COMMERCIAL AUTO CAU 058 (05 19) h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to$500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow"employee" of the"insured" arising out of and in the course of a fellow"employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your"employees"that are officers or managers if the"bodily injury" results from the use of a covered "auto"you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow"employee" as a consequence of Paragraph a. above. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to$50 per day to a total maximum of$1,500 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration,when the covered "auto" is returned to use or we pay for its"loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of$1,500. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 4 Copyright 2018 FCCI Insurance Group. QUOTE COMMERCIAL AUTO CAU 058 (05 19) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the"loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto" is a covered "auto" under this coverage form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered "auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the"loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for"loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". However, this exclusion does not include the discharge of an airbag in a covered "auto" you own that inflates due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that"auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of$1,000 for any one "loss". D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss"arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 4 Copyright 2018 FCCI Insurance Group. QUOTE COMMERCIAL AUTO CAU 058 (05 19) (3) Glass damage if repaired rather than replaced. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or"loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5.Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident" or"loss"to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own; (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your"employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any"auto" you hire from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 4 Copyright 2018 FCCI Insurance Group. QUOTE COMMERCIAL AUTOMOBILE CAU 042 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION PRIMARY/NON-CONTRIBUTORY OVERAGE This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II. k 1. Who Is An Insured is amended by adding the following: 1. Any person or organization designated in the schedule below is an "insured"for Liability Coverage but only to the extent that person or organization qualifies as an"insured" under the Who Is An Insured Provision contained in Section GI of the Coverage Form. 2. This insurance is primary and non-contributory to other coverages of the person or organization shown in the Schedule when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. SCHEDULE Name of Person or Organization: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the?bodily injury? or?property damage? occurs and that is in effect during the policy period. CAU042 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 1 Copyright 2013 FOCI Insurance Group. Insured Copy Texasmutuai@ WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 5/17/20 at 12:01 a.m.standard time,forms a part of: Policy no. 0001306815 of Texas Mutual Insurance Company effective on 5/17/20 Issued to: JE CONSTRUCTION SERVICES LLC This is not a bill Authorized representative NCCI Carrier Code: 29939 4/30/20 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax (800)359-0650 WC 42 03 04 B IL 060 (07 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NOTIFICATION TO OTHERS OF CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if he/it does not receive notice per this endorsement. IL 060(07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1 Insured Copy IL 060 (07 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NOTIFICATION TO OTHERS OF CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if he/it does not receive notice per this endorsement. IL 060(07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1 Insured Copy ext,q. smutuai WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Agent copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 5/17/20 at 12:01 a.m.standard time,forms a part of: Policy no. 0001306815 of Texas Mutual Insurance Company effective on 5/17/20 Issued to: JE CONSTRUCTION SERVICES LLC This is not a bill Authorized representative NCCI Carrier Code: 29939 4/30/20 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax (800)359-0650 WC 42 06 01 DATE(MM/DD/YYYY) ACS" CERTIFICATE OF LIABILITY INSURANCE 08/04/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Honey Counts NAME: K&S Insurance Agency PHONE (g72)772-7262 FAX (972)771-4695 (AC, C No Ext): A/C,No 2255 Ridge Road,Ste.333 E-MAIL hcounts@kandsins.com ADDRESS: P.O. Box 277 INSURER(S)AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURER A: Navigators Specialty Ins.Co. INSURED INSURER B JE Construction Services LLC INSURER C: 7505 Up River Rd INSURER D: INSURER E: Corpus Christi TX 78409 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO TED CLAIMS-MADE F-1OCCUR -PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY F-1PRO- ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accide nt) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEElN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Pollution Liability Each Incident 5,000,000 A CH18ECP3051211C 11/02/2018 11/02/2020 General Aggregate 5,000,000 Deductible 10,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) [Job#: Job Type:30DNOC] Project: 18153A Sunnybrook Sidewalk Improvements(CDBG) `Additional Insured,Waiver of Subrogation&Primary&Non-Contributory forms#CGL088 01/15, CGLO84 10/13,CGL2001 04/13 applies to the General Liability policy. `Additional Insured,Waiver of Subrogation&Primary&Non-Contributory forms CAU058 05/19 and CAU042 01/15 apply to the Auto Liability policy. `Waiver of Subrogation form#WC 420304B 06/14 applies to the Workers Compensation policy. Umbrella policy follows form. SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Corpus Christi Texas ACCORDANCE WITH THE POLICY PROVISIONS. 1201 Leopard St AUTHORIZED REPRESENTATIVE City Hall,First Floor Corpus Christi TX 78401 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CONTRACTORS POLLUTION LIABILITY TOOLKIT II Various provisions in this policy restrict coverage. This policy contains multiple coverages. Some coverages in this policy contain claims-made insuring agreements that apply only when a claim is first made against an insured and reported to us during the policy period. For providing general notice of a claim or loss, please refer to SECTION V. RIGHTS AND DUTIES OF INSURED AND US. Special reporting requirements apply to any coverage for emergency response costs. Read the entire policy carefully to determine your rights and duties and what is and is not covered. Throughout this policy the words you and your refer to the named insured shown in the Declarations, and any other person or organization qualifying as a named insured under this policy. The words we, us and our refer to the company, listed in the Declarations, providing this insurance. The word insured means any person or organization qualifying as such under SECTION II. WHO IS AN INSURED. Words and phrases other than headings that appear in bold type have special meaning. Refer to SECTION VII. DEFINITIONS for the meaning. In consideration of the premiums paid and upon our reliance on the statements made in the application to this policy, including any supporting documentation or information submitted in connection with the application, and in accordance with all the terms, conditions, exclusions and limitations contained in this policy, we agree to provide coverage to the insured as follows: SECTION I. COVERAGES AND COVERAGE EXCLUSIONS 1. Insuring Agreements The following coverages apply only if scheduled with limits in the Declarations: A. Operations Pollution Liability 1. We will pay on behalf of the insured the loss the insured becomes legally obligated to pay because of a pollution incident that takes place in the coverage territory, is caused by your work, and results in: a. a claim for bodily injury, property damage or environmental damage if such injury or damage takes place during the policy period; or b. emergency response costs you incur responding to environmental damage. 2. Any progressive or indivisible bodily injury, property damage or environmental damage, including any continuation, change or resumption of such injury or damage, which occurs over a period of days, weeks, months or longer caused by continuous or repeated exposure to the same, related or continuous pollution incident shall be deemed to have occurred only once and only: a. on the date of first exposure to such pollution incident; or b. during the policy period of the first policy issued to you by us or our affiliate providing substantially the same coverage as provided by this policy for bodily injury, property damage or environmental damage that takes place during the policy period, but only if: NAV ECP-O TLKT 11 (03/13) Page 1 of 24 (i) the date of first exposure cannot be determined; and (ii) the bodily injury, property damage or environmental damage continues in fact during this policy period. 3. If the same, related or continuous pollution incident, or any continuation, change or resumption thereof, takes place over the periods of multiple policies issued to you by us or our affiliate providing substantially the same coverage as provided by this policy for bodily injury, property damage or environmental damage that takes place during the policy period: a. all such bodily injury, property damage or environmental damage shall be deemed to have taken place only during the policy period of the first such policy in which any of the bodily injury, property damage or environmental damage took place; and b. all loss arising from all such bodily injury, property damage or environmental damage shall be deemed to have arisen from one pollution incident and shall be subject to the limits of liability in effect for such first policy period. B. Site Pollution Liability 1. Discovery of a Sudden Pollution Incident We will pay on behalf of the insured the loss the insured becomes legally obligated to pay because of environmental damage or emergency response costs caused by a pollution incident that: a. takes place in the coverage territory; b. is on, under or migrating from or through an insured site; c. first begins at a demonstrable time and place during the policy period; and d. is discovered by you no later than fifteen (15) calendar days after it first begins, and is reported to us no later than thirty (30) calendar days following discovery. 2. Third Party Claims Caused by a Sudden Pollution Incident We will pay on behalf of the insured the loss the insured becomes legally obligated to pay because of a claim for bodily injury, property damage or environmental damage caused by a pollution incident that: a. takes place in the coverage territory; b. is on, under or migrating from or through an insured site; c. first begins at a demonstrable time and place during the policy period; and d. is discovered by you no later than fifteen (15) calendar days after it first begins, and is reported to us no later than thirty (30) calendar days following discovery. This insurance applies only if the claim is first made against an insured and reported to us during the policy period, or, if applicable, during the extended reporting period. When a claim is first made against an insured and reported to us during the policy period or, if applicable, during the extended reporting period, any subsequent claim arising out of the same, related or continuous pollution incident, or any continuation, change or resumption of such pollution incident that is first made against an insured and reported to us under a subsequent policy issued to you by us or by our affiliate, providing substantially the same coverage as this policy, will be deemed to have been first made and reported during the policy period of this policy. However, coverage for such claims under this policy will apply only if you have maintained with us or NAV ECP-0 TLKT 11 (03/13) Page 2 of 24 our affiliate, on a continuous and uninterrupted basis from the time of the first such claim is made and reported to us, pollution liability coverage that provides substantially the same or similar coverage as this policy. 3. Coverage B Exclusions In addition to Section 1.4. Common Exclusions below, this Coverage B. Site Pollution Liability does not apply to any claim or loss: a. Asbestos and Lead-based Paint arising out of any asbestos or asbestos-containing materials or lead-based paints, in, upon or applied to any man-made structures or objects. However, this exclusion does not apply to any: (1) claim for bodily injury or property damage; or (2) environmental damage because of: (a) asbestos, asbestos-containing materials, or lead-based paints in soil, groundwater or any other body of water; or (b) the inadvertent disturbance of asbestos, asbestos-containing materials, or lead-based paints. However, this policy does not apply to cleanup costs, removal, abatement or encapsulation of any such materials not inadvertently disturbed or otherwise still located in building structures or components as originally intended. b. Change in Use for environmental damage arising out of a change in use or operations at an insured site that results in remediation standards that are more restrictive than those standards applicable as of the inception date. c. Pollution Incidents After an Insured Site is Divested arising out of a pollution incident that begins after the date an insured site is sold, given away or abandoned. d. Underground Storage Tanks arising out of the presence or former presence of any underground storage tank at an insured site. However, this exclusion does not apply to any underground storage tank: (1) disclosed in the application for this insurance and subsequently listed on a Schedule of Underground Storage Tank endorsement attached to this policy; (2) removed or abandoned in-place prior to the inception date, provided any removal or abandonment in-place by you or on your behalf was conducted in compliance with all applicable federal, state, municipal or provincial regulations; or (3) the existence of which is unknown to any responsible insured as of the inception date. C. Environmental Crisis Management We will pay those crisis management fees incurred by you as a direct result of a crisis management event that: 1. begins during the policy period; NAV ECP-0 TLKT 11 (03/13) Page 3 of 24 2. is discovered by you and reported in writing to us during the policy period; and 3. directly results from a pollution incident to which this policy, or any policy issued to you by us to or our affiliate which this policy is a continuous renewal, applies. We will pay those crisis management fees you incur even if coverage hereunder is still to be confirmed by us but we will stop paying such fees if we conclude that this insurance does not apply. Knowledge by a responsible insured that a crisis management event has taken place constitutes discovery on your part. The pollution incident must be unknown to all responsible insureds as of the inception date, or the effective date of any policy issued to you by us or our affiliate to which this policy is a continuous renewal. 2. Defense We will have the right and duty to defend the insured against any suit seeking loss to which this insurance applies. However, we will have no duty to defend the insured against any suit seeking loss to which this insurance does not apply. We may, at our discretion, investigate any pollution incident and settle any claim that may result. But: a. the amount we will pay for loss is limited as described in SECTION III. LIMITS OF LIABILITY; DEDUCTIBLE; and b. our right and duty to defend or continue defending ends when we have used up the applicable limits of liability in the payment of loss. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section 1.3. Supplementary Payments immediately below. 3. Supplementary Payments A. We will pay, with respect to any claim we investigate or settle, or any suit against an insured that we defend: 1. All expenses we incur. 2. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the suit, including actual loss of earnings up to $1,000 a day because of time off from work. 3. All court costs taxed against the insured in a suit. However, these court costs do not include attorneys' fees or attorneys' expenses taxed against the insured. 4. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of liability, we will not pay any prejudgment interest based on that period of time after the offer; or 5. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of liability. These payments will not reduce the limits of liability. B. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit, we will defend that indemnitee if all of the following conditions are met: 1. the suit against the indemnitee seeks loss for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract; 2. this insurance applies to such liability assumed by the insured; 3. the obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same insured contract; NAV ECP-0 TLKT 11 (03/13) Page 4 of 24 4. the allegations in the suit and the information we know about the pollution incident giving rise to loss hereunder are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; 6. the indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee; and 6. the indemnitee: a. agrees in writing to: (1) cooperate with us in the investigation, settlement or defense of the suit; (2) immediately send us copies of any demands, notices, summonses or legal papers received in connection with the suit; (3) notify any other insurer whose coverage is available to the indemnitee; and (4) cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and b. provides us with written authorization to: (1) obtain records and other information related to the suit; and (2) conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us, and necessary litigation expenses incurred by the indemnitee at our request, will be paid as Supplementary Payments. Notwithstanding the provisions in Section 1.4. Common Exclusions, paragraph a.2., such payments will not be deemed to be loss and will not reduce the limits of liability. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limits of liability in the payment of loss under this policy, or any of the conditions set forth above in this paragraph B. are no longer met. 4. Common Exclusions The following exclusions apply to all coverages under this policy. This insurance does not apply to: a. Contractual Liability any claim or loss arising out of the liability of others assumed by any insured in a contract or agreement. This exclusion does not apply to liability: 1. that the insured would have in the absence of the contract or agreement; or 2. assumed in a contract or agreement that is an insured contract, provided any injury or damage to which this policy applies begins subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be loss to which this policy applies, provided: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in the same insured contract; and (b) such attorney fees and litigation expenses are for defense of that party in a suit in which loss to which this insurance applies are alleged. b. Criminal Fines, Penalties or Assessments criminal fines, criminal penalties or criminal assessments. NAV ECP-0 TLKT 11 (03/13) Page 5 of 24 c. Damage to Property property damage or environmental damage to: 1. real or personal property you own, rent or occupy, other than property you use for temporary storage or staging in connection with your work; 2. personal property loaned to you; or 3. personal property in the care, custody or control of an insured, other than an insured which is an insured because of an insured contract. However, this exclusion does not apply to environmental damage to which Coverage 1.B. Site Pollution Liability applies. d. Damage to Your Work property damage or environmental damage to your work arising out of it or any part of it. However, this exclusion does not apply: 1. if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or 2. to completed operations. e. Employer's Liability bodily injury to: 1. your employee arising out of and in the course of: (a) employment by you; or (b) performing duties related to the conduct of your business; or 2. the spouse, child, parent, brother or sister of that employee as a consequence of paragraph 1. immediately above. This exclusion applies whether you may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. However, this exclusion does not apply to liability you assume in an insured contract. f. Expected or Intended Injury or Damage bodily injury, property damage or environmental damage expected or intended from the standpoint of a responsible insured. g. Intentional Acts /Non-compliance any claim or loss based upon or arising out of a responsible insured's: 1. dishonest, fraudulent, malicious, or knowingly wrongful act; or 2. willful or deliberate disregard of, or failure to comply with, environmental laws including any statute, regulation, ordinance, administrative complaint, notice of violation, directive, order, or instruction made by or on behalf of any governmental body or agency, applicable to a pollution incident. NAV ECP-O TLKT 11 (03/13) Page 6 of 24 However, paragraph 2. of this exclusion does not apply if the responsible insured's action was taken in good faith in reliance upon written advice of outside counsel received in advance of such non-compliance or to emergency response costs. h. Nuclear Materials any claim or loss based upon or arising out of the radioactive, toxic or explosive properties of nuclear material and with respect to which: 1. you are required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or 2. you are, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. i. Prior Knowledge 1. bodily injury, property damage, environmental damage, or emergency response costs that occurred in whole or in part prior to the policy period and was known to any responsible insured prior to the policy period. Any continuation, change or resumption of such pollution incident will be deemed to have been known to the responsible insured prior to the policy period; or 2. with respect to Coverage 1.A. Operations Pollution Liability, a pollution incident known by a responsible insured as of the inception date. However, subpart 2. of this exclusion does not apply to any known pollution incident that, as of the inception date, results from the work or operations of others and not your work. j. Related Entities and /or Individuals any claim made against you by any person, entity or organization: 1. that is owned, managed, or controlled by you or in which you have an ownership interest in excess of twenty-five (25%) percent; 2. of which you are an officer, partner, or director; or 3. that owns, operates, or manages you. k. Transportation any claim or loss based upon or arising out of property damage to any conveyance including, but not limited to, any motor vehicle, rolling stock, aircraft or water craft. However, this exclusion does not apply to any claims brought by third-party carriers alleging negligence on your part. I. War bodily injury, property damage or environmental damage, however caused, arising, be it directly or indirectly, out of: 1. war, including undeclared or civil war; 2. warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or 3. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. NAV ECP-0 TLKT 11 (03/13) Page 7 of 24 m. Waste Disposal any claim or loss arising out of the disposal of any products or materials, including, but not limited to, your products or waste, that have been delivered to any premises, location, or facility for the purpose of treatment, storage, processing, recycling or disposal. However, this exclusion does not apply to a pollution incident on, under or migrating from or through a waste disposal facility or a third-party jobsite at which you physically perform your work and the pollution incident is the result of that work. n. Workers' Compensation and Similar Laws any claim or loss arising out of any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. o. Your Product any claim or loss arising out of your product after you have relinquished possession of it to a third party. This exclusion does not apply to your products that you install or repair as part of your work. SECTION II. WHO IS AN INSURED In addition to the named insured listed in Item 1. of the Declarations, and any named insured added to this policy by endorsement, the following persons or entities are insureds under this policy: 1. If you are designated in the Declarations as: a. an individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. a partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. a limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. an organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. a trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your volunteer workers, but only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: (1) bodily injury: (a) to you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company); or (b) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) immediately above. NAV ECP-O TLKT 11 (03/13) Page 8 of 24 (2) property damage or environmental damage to property: (a) owned, occupied or used by, or (b) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by, you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee or volunteer worker), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) with respect to liability arising out of the maintenance or use of that property; and (2) until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain a majority ownership interest, will qualify as a named insured if there is no other similar insurance available to that organization. However, coverage for any newly acquired or formed organization: a. is afforded only until the one hundred and twentieth (120th) days after you acquire or form the organization, or the end of the policy period, whichever is earlier; b. applies only if you provide written notification to us within one hundred and twenty (120) days after the date of such acquisition or formation or before the end of the policy period, whichever is earlier; c. if, in our sole discretion, we determine additional premium is to be charged you are responsible to pay the additional premium when due; and d. does not apply to any bodily injury, property damage, environmental damage, or crisis management event that occurred, or any pollution incident that began, before you acquired or formed the organization. No coverage will be afforded subsequent to the one hundred and twentieth (120th) day after you acquire or form any new organization unless and until such organization is specifically endorsed onto the policy by us. The first named insured may request that any such newly acquired or formed organization be added to the policy; however, in our sole discretion, additional underwriting information and premium may be required. If we consent to adding any newly acquired or formed organization, the first named insured is responsible to pay any additional premium when due. 4. Any person or organization that has at least a majority ownership or controlling interest in you is an insured, but only with respect to bodily injury, property damage, environmental damage, or emergency response costs arising out of your work and solely with respect to their financial control of you. 5. Any person or organization, including your clients for whom you perform your work, whom you agree to include as an insured in an insured contract is an insured, but only with respect to a pollution incident arising out of your work and only: a. if the contract or agreement is executed and effective prior to the date any pollution incident to which this policy applies first began; and b. for the lesser of the: (1) minimum limits required by the contract, agreement or permit; or (2) applicable limits of liability in this policy. No person, organization or entity 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. NAV ECP-0 TLKT 11 (03/13) Page 9 of 24 SECTION III. LIMITS OF LIABILITY; DEDUCTIBLE 1. The limits of liability shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. claims made or suits brought; b. persons or organizations making claims or bringing suits; c. insureds; d. pollution incidents; or e. crisis management events. 2. Related or Continuous Pollution Incidents All of the same, related or continuous pollution incident(s), will be treated as one pollution incident, and subject to one Each Incident Limit and one deductible as described in paragraphs 3. and 8. below, respectively. 3. Each Incident Limit Subject to paragraphs 4. and 5. below, the Each Incident Limit shown in Item 3. of the Declarations is the most we will pay under this policy for all loss arising out of any one pollution incident. 4. Coverage Section Aggregate Limit Subject to paragraph 5. below, the Coverage Section Aggregate Limit shown in Item 3. of the Declarations is the most we will pay for all loss under the applicable coverage section. 5. Policy Aggregate Limit The Policy Aggregate Limit shown in Item 3. of the Declarations is the most we will pay for all loss covered under this policy. 6. Environmental Crisis Management Limit Subject to paragraphs 3., 4., and 5. above, the Environmental Crisis Management Limit set forth in Item 3. of the Declarations is the most we will pay under this policy for all crisis management events covered under this policy. Any series of related crisis management events arising out of any same, related, or continuous pollution incident, will be treated as a single crisis management event. 7. Multiple Coverage Sections Subject to paragraph 3. above, only the highest applicable Each Incident Limit set forth in Item 3. of the Declarations, and the deductible corresponding to such coverage section, shall apply to the sum of all loss under all coverages arising out of any one pollution incident or the same related or continuous pollution incident. 8. Deductible The limits of this insurance apply in excess of the applicable deductible shown in Item 3. of the Declarations. The deductible applies to all loss arising out of any one pollution incident or the same, related or continuous pollution incident. Crisis management fees are not subject to any deductible. If, in the defense of a suit or settlement of a claim or suit or in the payment of loss we pay any part or all of the deductible, then upon our notification to you of such action taken, you shall promptly reimburse us the deductible amount that has been paid by us. NAV ECP-O TLKT 11 (03/13) Page 10 of 24 9. Policy Term The limits of liability of this policy apply to the entire policy period. If the policy period is extended after issuance for an additional period, the additional period will be deemed part of the last preceding period for purposes of determining the limits of liability. SECTION IV. CONDITIONS 1. Appeals At our discretion we may appeal any judgment which would result in a payment under this policy. When we do appeal, we will pay all costs associated with the appeal in addition to the limits of liability. Any such appeal will not increase our limits of liability. 2. Application and Representations By accepting this policy, you understand and agree that the statements in the application, including any supporting documentation or information submitted in connection with the application for this insurance, are made a part of this policy; are accurate and complete; that those statements are material representations you have made to us; and that we have issued this policy in reliance upon your representations. 3. Assignment The interest of any insured under this policy is not assignable, unless and until our consent to such assignment is endorsed hereon. 4. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this policy. 5. Cancellation a. The first named insured may cancel this policy at any time by surrender of the policy to us, or by providing us advanced written notice of the cancellation date. b. We may cancel this policy by providing the first named insured written notice of cancellation: (1) at least 10 days in advance if we cancel for non-payment of premium; or (2) at least 90 days in advance, but cancellation by us is limited to the following reasons: (a) fraud or material misrepresentation on the part of an insured; or (b) a change in your business activities, your work or operations at any insured site that materially increases our risk under this policy. c. We will mail or deliver our notice to the first named insured's last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the first named insured any return premium, if any, will be calculated per SECTION IV. CONDITIONS, paragraph 17. Premium. The cancellation will be effective even if we have not made or offered a refund. NAV ECP-O TLKT 11 (03/13) Page 11 of 24 6. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this insurance or estop us from asserting any right under the terms of this insurance; nor shall the terms of this insurance be waived or changed, except by endorsement issued to form a part of this insurance and signed by us. 7. Currency Any payment or reimbursement we make under this policy will be made in U.S. currency at the prevailing exchange rate on the date the judgment is rendered, or the date the amount of the settlement is agreed upon, or the date any other reimbursable expenditure is made by the insured. 8. Duties of the First Named Insured The first named insured is responsible for payment of the policy premium and for any policy deductible. The first named insured will also serve as the sole agent acting on behalf of all insureds with respect to receipt of notice under this policy, including notice of cancellation or non-renewal, receipt and acceptance of any endorsement or any other change to this policy, or return of any premium, unless any such responsibilities are otherwise designated by endorsement. 9. Economic and Trade Sanctions We shall not be deemed to provide cover and we shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose us to any sanction, prohibition or restriction under the trade or economic sanctions, laws or regulations of the United States of America. The United States of America trade or economic sanctions, laws or regulations shall include, but not be limited to, those sanctions administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC). 10. Enforceability If any part or provision of this policy is deemed invalid or unenforceable, it shall not affect the validity or enforceability of any other part or provision of this policy, which shall be enforced to the fullest extent permitted by law. 11. Entire Agreement By acceptance of this policy, you agree with us that this policy and any written endorsements attached hereto constitute the entire agreement between the parties. The terms, conditions and limitations of this policy can be waived or changed only by written endorsement issued and signed by us. 12. Headings Headings or sub-headings that appear in this policy are intended for convenience only and do not form a part of the terms, conditions or substance of the policy. 13. Independent Counsel In the event that an insured is entitled by law to select, at our expense, independent counsel ("Cumis Counsel") to oversee our defense of a suit against the insured, the attorney's fees and all other litigation expenses we will pay to the independent counsel are limited to the rates we actually pay to counsel we retain in the ordinary course of business in the defense of similar suits in the community where the suit is being defended. Any insured may, at any time, by signed consent, waive their right to select an NAV ECP-0 TLKT 11 (03/13) Page 12 of 24 independent counsel. Additionally, we may exercise the right to require that such counsel have certain minimum qualifications with respect to their legal competency including, but not limited to, experience in defending suits similar to the one pending against any insured and to require such counsel to have errors and omissions insurance coverage. The insured agrees that such counsel will respond to our request for information regarding the suit in a timely manner. 14. Inspection and Audit By acceptance of this policy, you agree that we have the right, but not the obligation, to inspect or monitor on a continuing basis the operations or activities of your business which may give rise to any claim or loss under this policy. If we decide to exercise this right, we will inspect or monitor your operations or activities at a reasonable time of business. We will provide you or your broker or agent with reasonable notice as to the time and place of our inspection or monitoring, and we will seek your assistance with providing access to any locations, operations, books and records we intend to inspect or monitor. We may, subject to our sole discretion, report orally or in writing to you on the conditions we find and recommend changes. Any such reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections, nor do we undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. Further, nothing in our inspection, monitoring or reports shall constitute an undertaking, on behalf of or for the benefit of the insured or others, to determine whether any conditions are safe, or whether any operations or facilities are in compliance with laws, regulations, codes or standards. 15. Legal Action Against Us No person or organization has a right under this policy: a. to join us or our affiliates as a party or otherwise bring us or our affiliates into a legal suit or legal proceeding asking for damages from an insured; or b. to sue us or our affiliates on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 16. Other Insurance If other valid and collectible insurance applies to any claim or loss covered under this policy, this insurance will apply in excess of such other valid and collectible insurance, whether primary, excess, contingent or on any other basis, unless such other insurance is written only as specific excess insurance over the limit of liability of this policy. When both this insurance and other insurance apply to any claim or loss on the same basis, then we will not be liable under this policy for a greater proportion of the loss than the lower of either (1) the limits of liability shown in the Declarations or (2) the amount determined by contribution amongst the policies, as follows: a. Contribution by Equal Shares - if all of the other insurance permits contribution by equal shares, we will also follow this method. Under this approach each insurer contributes equal amounts until it has paid its NAV ECP-O TLKT 11 (03/13) Page 13 of 24 applicable limit of insurance or none of the loss remains, whichever comes first; or b. Contribution by Limits - if any other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 17. Premium The premium shown in Item 5. of the Declarations is the premium for the coverage we provide for the policy period. If this policy is cancelled prior to its expiration date return premium will be calculated as follows: a. if cancelled by us: [{(Premium) - (Minimum Earned Premium in Item 5. of the Declarations))x (Pro Rata factor)] b. if cancelled by the first named insured: [{(Premium) - (Minimum Earned Premium in Item 5. of the Declarations))x{(Pro Rata factor) x (0.90))]. 18. Right to Select Environmental Professionals You, with our prior written consent and approval, have the right and duty to designate and retain qualified environmental professionals to assist with the investigation or remediation of a pollution incident to which this policy applies. Our written consent is not required in the case of emergency response costs, however, you are still required to select a qualified environmental professional to conduct any investigation or remediation on your behalf, and the rates and fees we actually pay to the environmental professional for their services will be limited to the rates and fees we typically pay in the ordinary course of business in investigating and remediating similar pollution incidents in the community where the pollution incident giving rise to loss hereunder arose. Any costs or loss incurred by you prior to receiving our written consent and approval will not be covered under this policy or credited against the deductible, except in the case of emergency response costs. 19. Right to Select Legal Counsel We have the right to select legal counsel to defend the insured against any claim for bodily injury, property damage, environmental damage, or any other loss to which this insurance applies. Where allowable by law, we may appoint one counsel to represent or defend all insureds against any claim to which this insurance applies on a joint defense basis. 20. Separately Insured Project(Anti-Stacking of Limits) In the event that any claim or loss covered under this policy is also covered under one or more other pollution liability policies issued by us or our affiliate to any named insured under a policy issued for a specific project or projects, including, but not limited to, any owner or contractor controlled insurance program(s), owner's protective policy, wrap-up policy or similar insurance, then with respect to any such claim or loss, our obligations are limited as follows: a. we shall not be liable under this policy for a greater portion of the loss than the applicable limit of liability, less the deductible or retention amount (if any), that this policy bears to the total applicable limits of liability of all such policies referred to above; b. the maximum amount payable under all such policies referred to above shall not exceed the largest single applicable limit of liability under any such policies. With respect to any such claim or loss, the NAV ECP-0 TLKT 11 (03/13) Page 14 of 24 limits of liability under this policy may be reduced or exhausted by payments under this policy and/or payments under all such policies; and c. the sole applicable deductible or retention shall be that which applies under the policy with the largest single limit of liability as established in paragraph b. immediately above. 21. Separation of Insureds /Severability Except with respect to the limits of liability, any insured versus insured exclusion, cancellation, or any rights or duties specifically assigned to the first named insured, this insurance applies: a. as if each named insured was the only named insured; and b. separately to each insured against whom a claim is made. 22. Service of Suit It is understood and agreed that in the event of a failure by us to pay any amount claimed to be due hereunder, we, at the request of the first named insured, will submit to a court of competent jurisdiction within the United States of America. The foregoing shall not constitute a waiver of any of our rights to remove, remand, or transfer such suit to any other court of competent jurisdiction in accordance with the applicable statutes of the United States of America or any state therein. In any suit instituted against us upon this contract, we will abide by the final decision of the court or of any appellate court in the event of an appeal. It is further agreed that service of process upon us in such suit may be made upon the Superintendent, Commissioner, or Director of Insurance or other person specified for that purpose in the applicable statute governing service of process in the state or jurisdiction in which a cause of action arises under this contract of insurance, or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this contract of insurance. 23. Subrogation In the event of any payment under this insurance by us, we shall be subrogated to all the insured's rights of recovery against any person or organization. No insured shall do anything after the payment of loss by us to prejudice such rights. The insured agrees to cooperate with us and to execute and deliver all instruments and papers and do whatever else is necessary to enforce such rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. With respect to Coverage 1.A. Operations Pollution Liability, we agree to waive our right of subrogation against any of your clients but only if and to the extent you had a written contract with your client agreeing to waive such rights prior to the pollution incident giving rise to loss hereunder began. 24. Transfer of Defense Duties If we conclude that any applicable limit of liability of this policy has been, or soon will be, exhausted by the payment of loss, we will so notify the first named insured in writing as soon as possible. In the event that there are ongoing legal proceedings with respect to any claims against an insured, and any applicable limit of liability of this policy has been exhausted by the payment of loss, we will advise you that our duty to defend has ended and that we will no longer handle the defense of any ongoing claims or new claims against an insured. Thereafter, we will initiate and cooperate in the transfer of control of the defense of all claims to any appropriate insured. The exhaustion of any applicable limit of liability by the payment of loss will not be affected by our failure to comply with any of the provisions of this section, nor will we be obligated by operation of any rights or duties in this paragraph to defend or continue to defend any claim or pay any loss after any applicable limit of liability of this policy is exhausted. NAV ECP-0 TLKT 11 (03/13) Page 15 of 24 25. Voluntary Payments /Consent Other than emergency response costs or crisis management events, no insured shall, except at its own cost: a. voluntarily make any payment, assume any obligation, or incur any expense to which this policy applies without our prior written consent; or b. admit liability, offer to settle, or agree to any settlement in connection with any claim or suit without our prior written consent. When our written consent to a settlement is requested, you must promptly provide us with all information and particulars we may reasonably request, including, but not limited to, information which an insured may deem immaterial, in order to reach an informed decision as to such consent. Any loss or other costs, charges or expenses resulting from any admission of liability or agreement to settle incurred prior to our consent shall not be covered hereunder. 26. When We Do Not Renew If we decide not to renew this policy, we will mail or deliver to the first named insured written notice of the nonrenewal not less than ninety (90) days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V. RIGHTS AND DUTIES OF INSURED AND US 1. Claim Reporting As a condition precedent to coverage under the policy, if an insured receives a claim or becomes aware of a pollution incident or crisis management event which may give rise to loss under this policy, the insured must notify us as soon as practicable utilizing any of the following methods: a. electronic mail to our San Francisco Claims Office at SFCLAIMS&navg.com; or b. mail to our Schaumburg Claims Office at Navigators Insurance Attn: Environmental Claims Division 1375 East Woodfield Road Suite 720 Schaumburg, IL 60173 United States of America Notice to us should contain the following information: a. The current contact information of the person giving notice to us; b. The time, date and location of the pollution incident or crisis management event; c. A description of the circumstances giving rise to the pollution incident or crisis management event including how and when you became aware of the pollution incident or crisis management event; d. The names and addresses of any injured persons or witnesses; and e. All other information which is relevant to the claim, pollution incident, or crisis management event. Thereafter, the insured is required to submit to us as soon as practicable, but in no event longer than sixty (60) days from the date of our request, any information related to the notice which we may reasonably request including but not limited to any relevant contracts, technical reports, laboratory data, field notes, or documents generated by an insured in the investigation of any potential loss hereunder, whether or not these materials are deemed by any insured to be relevant. If a claim is made against any insured, you must immediately send us copies of any demands, notices, NAV ECP-O TLKT 11 (03/13) Page 16 of 24 summonses or legal papers received in connection therewith. If any insured reports any claim or pollution incident under this policy knowing such claim or pollution incident to be false or fraudulent, as regards to the amount or otherwise, this policy shall become null and void, and all coverage hereunder shall be forfeited. 2. Your Assistance and Cooperation Any insured who may have any information related to a notice of a claim or loss submitted to us is required to cooperate with us in all investigations, securing and giving evidence, and, with respect to depositions, hearings, arbitrations, mediations, trials and any other legal proceedings, including personal attendance and the assistance in securing the attendance of witnesses. 3. Approval Process for Cleanup Costs With respect to any cleanup costs to which this insurance applies, the insured must: a. submit, for our preapproval, all proposed work plans prior to submittal to any regulatory agency; b. submit, for our preapproval, all bids and contracts for cleanup costs prior to execution or issuance; and c. forward progress reports regarding cleanup costs to us at reasonable intervals and prior to any submittal to any regulatory agency that is authorized to review and approve such submittals. We shall have the right, but not the duty, to assume direct control of such cleanup costs. Any cleanup costs incurred by us will be deemed to have been incurred by the insured and will reduce both the limits of liability and the deductible set out in the Declarations. If we are prohibited under applicable law from investigating, defending or settling any such claim or suit, the insured shall, under our supervision, arrange for such investigation and defense thereof as is reasonably necessary, and subject to our prior authorization, shall effect such settlement thereof. 4. Your Duty and Our Right to Mitigate Once you become aware of a pollution incident, you are required to make a reasonable attempt to mitigate any loss and to comply with all applicable laws. If, in our sole judgment, you or any insured fails to take reasonable steps to mitigate a pollution incident which may give rise to loss hereunder, we will have the right but not the duty to take such steps as we deem appropriate to mitigate the pollution incident or resulting loss. Any loss incurred by us will be deemed to have been incurred by the insured and will reduce both the limits of liability and the deductible set out in the Declarations. SECTION VI. EXTENDED REPORTING PERIOD This Section VI. applies solely to Coverage B.2. Third Party Claims Caused by a Sudden Pollution Incident provided such coverage is purchased, and any other coverage that is added to this policy by endorsement and that applies to claims first made against an insured and reported to us during the policy period. If this policy is: a. cancelled by us for any reason other than failure to pay a premium when due or fraud on the part of an insured; b. non-renewed by us; or c. cancelled by the first named insured; and you have not purchased any other insurance to replace this insurance, then you are entitled to an extended reporting period as outlined in paragraphs VIA. or V1.2. below. The quotation by us of a different premium, or NAV ECP-O TLKT 11 (03/13) Page 17 of 24 deductible, or limit of liability, or changes in policy language for the purpose of renewal, shall not constitute our refusal to renew. 1. Automatic Extended Reporting Period An extended reporting period of ninety (90) days will be automatically provided to you for no additional premium. The Automatic Extended Reporting Period begins on the date the policy is terminated. A claim first made against an insured during the policy period or the Automatic Extended Reporting Period and reported to us during the Automatic Extended Reporting Period will be deemed to have been made against the insured and reported to us on the last day of the policy period provided the claim arises from a pollution incident that began prior to the end of the policy period and would otherwise be covered under this policy. 2. Supplemental Extended Reporting Period (Optional) Within thirty 30 days following the date this policy is terminated as described above in this Section VI., the first named insured may elect, by notification to us in writing, to purchase a Supplemental Extended Reported Period for an additional premium of not more than 200% of the full policy premium. The available duration of the Supplemental Extended Reported Period will be up to a maximum of thirty-six (36) months. The Supplemental Extended Reporting Period begins on the date the policy is terminated. A claim first made against an insured during the policy period or the Supplemental Extended Reporting Period and reported to us during the Supplemental Extended Reporting Period will be deemed to have been made against an insured and reported to us on the last day of the policy period provided the claim arises from a pollution incident that began prior to the end of the policy period and would otherwise be covered under this policy. If the Supplemental Extended Reporting Period is purchased, the Automatic Extended Reporting Period will merge into and not be in addition to the Supplemental Extended Reporting Period. It is a condition precedent to your rights under this Section V1.2., that the first named insured make a written request to us to purchase the Supplemental Extended Reporting Period within 30 days following the date this policy is terminated, and that you pay in its entirety the additional premium when due. At the beginning of the Supplemental Extended Reporting Period the entire premium will be deemed fully earned, and, in the event that you terminate the Supplemental Extended Reporting Period for any reason prior to its natural expiration, we will not be liable to return any premium paid for the Supplemental Extended Reporting Period. Any extended reporting period does not extend the policy period or change the scope of coverage provided, nor does it act to reinstate or increase any of the limits of liability. SECTION VII. DEFINITIONS 1. Bodily injury means the following sustained by any person: a. physical injury, sickness, disease, building-related illness or other illness; and b. mental anguish, emotional distress, or shock, including, if applicable, death resulting therefrom, and medical monitoring when accompanied by physical injury. 2. Cargo means goods, products, supplies, merchandise or wastes. 3. Claim means a demand, suit or legal notice seeking a remedy and alleging liability or responsibility on the part of the insured. NAV ECP-O TLKT 11 (03/13) Page 18 of 24 4. Cleanup costs means those reasonable and necessary expenses, including restoration costs, incurred in order to investigate, test, monitor, abate, remove, remediate, neutralize, clean or dispose of soil, groundwater, surfacewater, or other contamination arising from a pollution incident to the extent: a. required pursuant to environmental laws; b. such expenses have been actually incurred by the government or any political subdivision of the United States of America or any state thereof, or Canada or any province thereof, or by third parties pursuant to environmental laws; or c. recommended in writing by an environmental professional as necessary for the protection of human health and the environment, but only in the absence of any applicable environmental laws. Cleanup costs do not include: a. property damage; b. costs, charges or expenses incurred by you for materials supplied or services performed by the insured unless such costs, charges or expenses are incurred with our prior written approval; c. any unreasonable or unnecessary acceleration or delay in executing a remedial plan; or d. costs, charges or expense incurred to prevent future pollution incidents. 5. Completed operations means your work that has been completed, and does not include your work that has been abandoned by you. Your work will be deemed completed at the earliest of the following times: a. when all of your work called for in your contract has been completed; b. when all your work to be performed at a project location has been completed if your contract calls for work at more than one project location; or c. when that part of your work performed at the project location has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Your work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete as noted above, will be deemed completed and treated as completed operations. 6. Coverage territory means anywhere in the world, provided the insured's responsibility to pay loss is determined in a suit on the merits in the United States of America (including its territories and possessions), Puerto Rico and Canada, or is otherwise agreed to by us. 7. Crisis management consultant means a professional firm or consultant that provides crisis management services which has been approved in writing by us prior to any insured incurring crisis managements fees to which this policy applies, the approval for which shall not be unreasonably withheld, delayed, conditioned or denied. 8. Crisis management event means the public announcement or accusation by a third party that a pollution incident for which you are alleged to be legally responsible has caused: a. bodily injury involving multiple third parties; or b. property damage, but only to the extent resulting in actual physical damage, or cleanup costs, to real properties owned by multiple third parties, provided that an executive officer has proffered a good faith opinion, in our sole discretion, that the public announcement or accusation has caused or is reasonably likely to cause economic harm to, or a material adverse effect on, your image or goodwill. 9. Crisis management fees means those reasonable and necessary fees and expenses: NAV ECP-O TLKT 11 (03/13) Page 19 of 24 a. incurred by you within ninety (90) days after the crisis management event is discovered by you, or thereafter as approved by us in writing; and b. for services provided to you by a crisis management consultant for the sole purpose of assisting you with: (1) managing the media in direct response to a crisis management event; or (2) minimizing the economic harm to you caused by a crisis management event by consulting with you with respect to maintaining and restoring your public image or reputation. 10. Emergency response costs means those reasonable and necessary expenses incurred in order to investigate, test, monitor, abate, remove, remediate, neutralize, clean or dispose of soil, groundwater, surfacewater, or other contamination in response to a pollution incident that begins during the policy period and: a. presents an imminent and substantial danger to human health and the environment; and b. requires an immediate response by you in order to mitigate or reduce loss to which coverage under this policy applies or would apply but for the absence of a claim against you. This policy applies to only those emergency response costs incurred by you within fifteen (15) calendar days after the pollution incident begins or incurred thereafter as pre-approved by us in writing. Further, you must report the pollution incident giving rise to such costs to us no later than thirty (30) calendar days after it began. 11. Employee means any persons actively employed by you, including a leased worker or temporary worker. 12. Environmental damage means physical damage to the atmosphere, biota, soil, land, any structure on land, groundwater or surfacewater caused by a pollution incident and giving rise to cleanup costs. Environmental damage does not include property damage. 13. Environmental laws means any federal, state, provincial, or local law, including, but not limited to, statutes, rules, ordinances, guidance documents, regulations, and all amendments thereto, including state voluntary cleanup or risk-based corrective action guidance, and governmental, judicial, or administrative orders or directives, applicable to a pollution incident. 14. Environmental professional means a person designated by us, or by you with our prior written consent and approval, who is certified or licensed as a Certified Industrial Hygienist (CIH) by the American Board of Industrial Hygiene, a Professional Engineer (P.E.), a Professional Geologist (P.G.) or other certified or licensed professional with the applicable State environmental regulatory agency. We may require that certain minimum professional criteria be met, including a demonstration that the individual has experience with similar projects as the one involving cleanup costs or emergency response costs covered under the policy, and the maintenance of adequate errors and omissions insurance. 15. Executive officer means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 16. Extended reporting period means the Automatic Extended Reporting Period or, if applicable, the Supplemental Extended Reporting Period, as described in Section VI. of this policy. 17. First named insured means the first person or entity stated in Item 1. of the Declarations. 18. Fungus means any form of mold, mildew, or fungi, including mycotoxins, spores or byproducts produced or released by fungi. 19. Green standards means the following standards, products, methods, and processes for improving the environment, increasing energy efficiency, and enhancing safety and property protection: a. LEED°Green Building Rating System TM of the U.S. Green Building Council; b. Green Globes TM Assessment and Rating System; c. ENERGY STAR°; or NAV ECP-O TLKT 11 (03/13) Page 20 of 24 d. National Fire Protection Association codes, Underwriter Laboratories standards, or other local or international codes. 20. Inception date means the first date set forth in Item 2. of the Declarations. 21. Insured contract means: a. a sidetrack agreement; b. any easement or license agreement; c. your obligation, as required by ordinance, to indemnify a municipality, except in connection with your work for a municipality; d. an elevator maintenance agreement; e. that part of any other contract or agreement pertaining to your work or transportation (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for bodily injury, property damage or environmental 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; or f. a written contract or agreement submitted to and approved by us, and listed on a Schedule of Insured Contracts endorsement attached to this policy. 22. Insured site means the locations identified in Item 4. of the Declarations. 23. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 24. Loss means: a. with respect to claims for bodily injury or property damage: (1) monetary awards or settlements of compensatory damages; (2) civil fines, penalties, or assessments; and (3) where insurable by law, punitive, exemplary, or treble damages. b. cleanup costs and emergency response costs; c. crisis management fees; and d. those reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured as provided for in Section 1.4. Common Exclusions, paragraph a. Contractual Liability. 25. Low level radioactive material means radioactive material or waste, including any radioactive waste from nuclear medicine, medical imaging equipment or the use of radiopharmaceuticals, not classified as high- level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in section 11e.(2) of the Atomic Energy Act of 1954 (as amended). 26. Midnight dumping means the illicit abandonment of drums or containers of pollutants regulated as hazardous or toxic under Federal, State, Provincial, or local environmental law, regulation or statute, but only if: a. the drums or containers were abandoned by persons or entities other than you or your affiliates and without the knowledge of any responsible insured; and b. the actual or threatened discharge, dispersal, release, seepage or escape of the contents of the drums or containers has resulted or could result in cleanup costs to which this policy applies. 27. Motor vehicle means: NAV ECP-O TLKT 11 (03/13) Page 21 of 24 a. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. 28. Named insured means the person(s) or entity(ies) listed in Item 1. of the Declarations and any other person or entity qualifying as a Named Insured under this policy. 29. Natural resource damages means injury to or destruction of land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including any resources that are the subject of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)); or any State, Provincial, or local government; or any foreign government; or any Indian Tribe; or, if such resources are subject to a trust restriction or alienation, by any member of an Indian tribe, including any reasonable costs of damage assessment and the cost of restoring injured resources to their baseline condition prior to the pollution incident giving rise to loss hereunder. 30. Our affiliate means any parent, subsidiary, affiliate, division, related companies, holding companies, merged companies, acquired companies, predecessors-in-interest and/or successors-in-interest of the company listed in the Declarations as providing this insurance. 31. Policy period means the period set forth in Item 2. of the Declarations, or if this policy is cancelled, any shorter period as a result of such cancellation. 32. Pollutant means any solid, liquid, gaseous or thermal irritant or contaminant, including but not limited to, smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hazardous substances, petroleum hydrocarbons, low level radioactive materials, electromagnetic fields, and hazardous waste materials, including medical and infectious wastes, and materials to be recycled, reconditioned or reclaimed. Pollutant also includes legionella pneumophila and fungus. 33. Pollution incident means: a. the discharge, dispersal, release, seepage or escape of any pollutant into or upon land, or any structure on land, the atmosphere or any watercourse or body of water, including groundwater, provided the amount or concentration of the pollutant exceeds the amount or concentrations naturally present in the environment; b. the existence of fungus or legionella pneumophila at, on, or within any man-made structures or buildings, including the indoor air within such structures or buildings; c. solely with respect to pollution incidents caused by your work as defined in paragraphs a. and b. of SECTION VII. DEFINITIONS, paragraph 45. Your work: (1) the discharge, dispersal, release, seepage or escape of silt or sedimentation beyond the legal boundaries of a location where you perform your work, if such discharge, dispersal, release, seepage or escape results in environmental damage; or (2) any material exacerbation, expansion or migration of pollutants as a result of your work; d. solely with respect to any waste disposal facility, the release or threatened release of any pollutant to the extent a governmental entity or third party seeks cost recovery or contribution from you pursuant to environmental laws; or e. any midnight dumping at an insured site or third-party jobsite at which you perform your work. 34. Property damage means: a. physical injury to or destruction of tangible property, including any resulting loss of use; b. loss of use of tangible property that has not been physically injured or destroyed; c. diminution in value; or NAV ECP-O TLKT 11 (03/13) Page 22 of 24 d. natural resource damages. Property damage does not include cleanup costs pursuant to emergency response costs, or environmental damage. Electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 35. Responsible insured means your owners, executive officers, directors, or partners; your managers or supervisors; your employees who are responsible for environmental affairs, control, or compliance; and your employees who are responsible for giving or receiving notice of a claim. 36. Restoration costs mean those reasonable and necessary expenses incurred by an insured with our written consent, to repair, replace, or restore real or personal property to substantially the same condition it was in prior to being damaged in the course of incurring cleanup costs or emergency response costs. Such expenses do not include any costs associated with any improvements or betterments, except as follows: If a repair or replacement results in better than the like kind or quality, we will pay for the amount of the betterment but only if and to the extent that such betterment entails the use of materials meeting green standards which comprised the damaged property. In the absence of material meeting such green standards, then the cost for such materials shall be approved in advance in writing by us, and based on our judgment in our sole discretion. 37. Suit means a civil proceeding in which damages because of bodily injury, property damage, or environmental damage to which this policy applies are alleged. Suit includes: a. an arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our written consent; or b. any other alternative dispute resolution proceeding in which such damages is claimed and to which the insured submits with our written consent. 38. Transportation means the movement of cargo by you, or by a third-party carrier properly licensed to carry such cargo, using a motor vehicle, rolling stock, aircraft or water craft while in due course of transit from the point of origin until the point of final destination. Transportation includes the loading and unloading of cargo. 39. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. 40. Underground storage tank means any stationary tank or vessel, including any attached pumps, valves and piping connected to the tank or vessel that has at least ten (10) percent of its volume below ground. Underground storage tank does not include: a. septic tanks, sump pumps, or water-oil separators; b. storm-water or wastewater collection systems; or c. tanks that are enclosed within a basement or cellar if the entire tank is upon or above the surface of the floor. 41. Volunteer worker means a person who is not your employee, and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 42. Waste disposal facility means a location to which waste is sent for treatment, storage, processing, NAV ECP-O TLKT 11 (03/13) Page 23 of 24 recycling or disposal, provided the location is not and was never owned, operated or rented by you or your parent, subsidiary or affiliate, and the location at the time your waste was sent to it: a. was properly licensed, as applicable, by state, federal, municipal or provincial authority to conduct waste treatment, storage, processing, recycling or disposal; and b. was not listed, or proposed to be listed, on the U.S. Environmental Protection Agency's (EPA's) Final National Priorities List (NPL), or on the Superfund or Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) database, or any state or provincial equivalents to the federal NPL, Superfund or CERCLIS databases. 43. Wrongful delivery means the delivery of liquid cargo into the wrong receptacle, or to the wrong address, or the mistaken delivery of one liquid cargo for another. 44. Your product means: a. any goods or products, other than real property, manufactured, sold, or distributed by: (1) you; (2) others trading under your name; or (3) a person or organization whose business or assets you have acquired; and b. containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Your product includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and b. the providing of or failure to provide warnings or instructions. 45. Your work means: a. work or operations performed by you or on your behalf; b. materials, parts or equipment furnished in connection with such work or operations noted in paragraph a. above; c. transportation and wrongful delivery during transportation; and d. your use of a waste disposal facility. Solely with respect to paragraphs a. and b. above, your work includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your work; b. the providing of or failure to provide warnings or instructions; and c. completed operations. In Witness Whereof, the issuing Company has caused this policy to be signed officially below and countersigned on the Declarations page by a duly authorized representative of said Company, to the extent required by applicable law. Emily B. Miner Vincent Tizzio Secretary President NAV ECP-O TLKT 11 (03/13) Page 24 of 24 00 61 16 PAYMENT BOND BOND NO. 1001149051 Contractor as Principal Surety Name: JE Construction Services LLC Name: U.S.Specialty Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 7505 UaRiver Rd. 13403 Northwest Freeway Corpus Christi,TX 78409 Houston,TX 77040 Physical address(principal place of business): Owner 13403 Northwest Freeway Name: City of Corpus Christi,Texas Houston,TX 77040 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: TX Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): Project No.18153A 972-772-7220 Sunnybrook Sidewalk Improvements Telephone (for notice of claim): 972-772-7220 Local Agent for Surety Name: Rob Kanuth Award Date of the Contract: July 21, 2020 Address: 2255 Ridge Road,Ste. 333 Contract Price: gELL26.10 Rockwall,TX 75087 Bond Telephone: 972-772-7220 Email Address: rkanuth@kandsins.com Date of Bond: August 3, 2020 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number.I-800-252-3439 Payment Bond Form 006116-1 Sunnybrook Sidewalk Improvements Proj 18153A 7-8-2014 Bond #1001149051 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal 1E Construction Services, LLC Surety U.S. Specialty Insurance Company Signature: Signature: Name: G 67 Name: Robert G. Kanuth Title: _ JiP Title: Attorney-in-Fact Email Address: Q'P C 5 c c Email Address: rkanuth@kandsins.com (Attach Power of Attorney and place surety seal below) i END OF SECTION! Payment Bond Form 006116- 2 Sunnybrook Sidewalk Improvements Proj 18153A 7-8-2014 qTOMOMARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute and appoint: Johnny Mass, Jay Jordan, Tony Fierro, Jeremy Barnett, Jade Porter, Mistie Beck, Robert G. Kanuth or Jarrett Willson of Rockwall, Texas its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Ten Million***** Dollars (***S10,000,000.00*" ).This Power of Attorney shall expire without further action on April 23,d,2022.This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages andfor final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1S1 day of June, 2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STAT-ES SURETY COMPANY U.S.•SPECIALTY-INSURANCE COMPANY State of CaliforniaY= Y County of Los Angeles 4°: ,s,� q`= � Ti, _ ' S "' By: Daniel P.Aguilar,Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 15=day of June, 2018, before me, Sonia 0. Carrejo, a notary public, personally appeared Daniel P. Aguilar,Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ` Sow+o caa;e:o �' � Nccery FuA6c•CyHwn., •��� tof Ange'n CcuMp C COMMauw,r 7239479 Signature (seal) rCOMM.EAPII�AD11,zo2: I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. 4-WillnessWh©re I� v t�reunto set m a d and affixed the seals of said Companies at Los Angeles, California this day Corporate Seals 9"`T°�4'* v;n,"� Bond No. A enc No. 17042 R'i r a';w-••�•- �'" ? *� Kio Lo, Assi Secretary 9 Y HCCSMANPOAC512019 visit tmhcc.comisurety for more inroirriation Iola 2 O •+ dad � ICLm�3���aYnS ; Q� t a s c.m I m ars Q a c m i t oa 'acid 0 �'c out oa m�TmiU��nLL Cl 1 c 1`� cmyn i MCCo C 1�II m I O m O mYm I x `m c� oo miL ! id `m83„QLLa I a �" Tam c m a e nm$`'c � S,m aro— a -c c> a oa cm��Uf CL zo.�.am0e y'c aor,=� au.p O ie C ! x�aau v� a fl t a =ciaaw���a pm ! U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede llamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para informacion o para someter una queja at: 1-800-486-6695 1-800-486-6695 4, You may also write to the company at: Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 841 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 Los Angeles, CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights, or complaints at: de companias, coberturas, derechos, o quejas at: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir at Departamento de Seguros de Insurance at: Texas at: Consumer Protection (111-1 A) Consumer Protection (111-1A) P.O. Box 149091 P.O. Box 149091 Austin, TX 78714-9091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Fax No. (512) 490-1007 Web: http://www.tdi.texasgov Web: http://Nvwxv.tdi.state.tx.us E-mail: ConsumerProtection(2tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo, debe comunicarse con el agente o la agent or the company first. If the dispute is not compania primero. Si no se resuelve la disputa, resolved, you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condition del document, documento adjunto. 006113 PERFORMANCE BOND BOND NO. 1001149051 Contractor as Principal Surety Name: JE Construction Services LLC Name: U.S.Specialty Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 7505 UpRiver Rd. 13403 Northwest Freeway Corpus Christi,TX 78409 Houston,TX 77040 Physical address(principal place of business): Owner 13403 Northwest Freeway Name: City of Corpus Christi,Texas Houston,TX 77040 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Tx Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): Project No. 18153A 972-772-7220 Sunnybrook Sidewalk Improvements Telephone (for notice of claim): 972-772-7220 Local Agent for Surety Name: Rob Kanuth Award Date of the Contract: July 21,2020 Address: 2255 Ridge Road,Ste.333 Contract Price: $562,226.10 Rockwall,TX 75087 Telephone: 972-772-7220 Bond Email Address: rkanuth@kandsins.com Date of Bond: August 3,2020 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of insurance by calling the of the Contract) following toll-free number.1-800-252-3439 Performance Bond 00 61 13-1 Sunnybrook Sidewalk Improvements Proj 18153A 7-8-2014 Bond #1001149051 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the some extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal JE Construction Services, LLC Surety U.S. Specialty Insurance Company Signature: Signature: Name: G►-k21:: r- Name: Robert G. Kanuth Title: Title: Attorney-in-Fact Email Address: grn C-2i j f. 'r so Ct Email Address: rkanuth@kandsins.com (Attach Power of Attorney and ploce surety seal below) I P-. END OF SECTION Performance Bond 00 61 13 -2 Sunnybrook Sidewalk Improvements Proj 18153A 7-8-2014 TOKIOMARINE °+ HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute and appoint: Johnny Moss, Jay Jordan, Tony Fierro, Jeremy Barnett, Jade Porter, Mistie Beck, Robert G. Kanuth or Jarrett Willson of Rockwall, Texas its true and lawful Attorneys)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Ten Million­— Dollars ("'$10,000,000.00*** }.This Power of Attorney shall expire without further action on April 23rd,2022.This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President, any Vice-President, any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute, acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1St day of June, 2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STA T��S SURETYZOMPANY U:S:,S,PECIALTYANSURANCE COMPANY State of California _ ."' r y UPI r.coxrc a ,n A _ 2''M County of Los Angeles 'a`` r .. x� ' T= 5 By: Daniel P. Aguilar,Vice President A Notary Public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 111 day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar,Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. SO41A 0.CAR;E19 Wary Mac-Caaiwnie LO enpr:r%Ccun1y L Lammit,10,12279 %9 Signature (seal) ®ratAyC".,pnlr+t►p,T1,202: I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company„ United States Surety Company and U.S.Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. I Wi ess Where I v f+ereunto set m a d and affixed the seals of said Companies at Los Angeles, California this day of Q . Corporate Seal s oaP Bond No. �K = `jj i•rq� ° y rt Agency No. 17042 n T Kio Lo, Assi Secretary 'x�ZClIOPb�+' !'f.[,F It�, �,.. s HCCSMAN POA0512019 visit tmhcc.comisurety for more information Kan't Kopy' K1 Security Paper • Hidden Pantocraph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free Kan't Kopy K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free Kant Kopy' i(1 Security Paper - • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box i • • Microprint Protection . • Acid Free \IVV11111 I,i • ' 1, (t) Kant Kopy' K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection ▪ Security Features Box • Microprint Protection • Acid Free U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede Ilamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para informacion o para someter una queja al: 1-800-486-6695 1-800-486-6695 4. You may also write to the company at: Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 Los Angeles, CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights, or complaints at: de companias, coberturas, derechos, o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(111-1 A) Consumer Protection(111-1A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No. (512)490-1007 Fax No. (512)490-1007 Web: http://www.tdi.texas.gov Web: htta://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo, debe comunicarse con el agente o la agent or the company first. If the dispute is not compania primero. Si no se resuelve la disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condicion del document. documento adjunto.