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C2014-031 (VOL. 2 OF 4) - 2/25/2014 - Approved
2014-031 2/25/14 M2014-027 Oscar Renda Contracting(Vol. 2) CONTRACT DOCUMENTS FOR CONSTRUCTION OF MARY RHODES PIPELINE PHASE 2 PUMP STATIONS/SEDIMENTATION BASIN PROJECT NO: E100008 FY 2013-2014 f ** W 111111111111111r MINN UMW 11.11111111 City Corpus Christi OCTOBER 2013 M VOL. 2 OF 4 L 00 0100 TABLE OF CONTENTS E ,, -t,,,,,,,, tze;,,40::::f ,*:'”,,,,,,, : ,4*i:ifiv„ ---:-:!Al-li,W . ,,,,,- : '':;- .,.,:k '--- titif, , `:,q-f,E,, :w +ectt Ti pm Division 00 Procurement and Contracting Requirements 00 0100 Table of Contents E. 00 11 16 Invitation to Bid 00 21 13 Instruction to Bidders 00 30 00 Bid Form 6 00 30 01 Bid Form Exhibit A r00 30 02 Compliance to State Law on Nonresident Bidders lm 00 30 03 Compliance to Texas Sales Tax Code 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest ft 00 30 06 Non-Collusion Certification 00 4516 Statement of Experience 00 52 23 Agreement 00 6113 Performance Bond 00 6116 Payment Bond 00 72 00 General Conditions 00 72 01 Insurance Requirements -- 00 72 02 Wage Rate Requirements r f; 00 72 03 Minority/MBE/HUB Participation Policy lb 00 73 00 Supplementary Conditions Division 01 General Requirements 01 11 00 Summary of Work IN 0129 00 Application for Payment Procedures 01 29 01 Measurement and Basis for Payment 01 31 00 Project Management and Coordination 0131 13 Project Coordination 01 31 14 Change Management he 0133 00 Document Management 0133 00.01 Table of Required Submittals air 0133 01 Document Register !l ill Table of Contents 00 0100-1 Corpus Christi Standards-Special Projects 09-25-2013 r. iiii L L :',,'1'DiVtita:61.4:!°,99;tt Ap ,.-,!,,-,-- ,,, .,,,-" ,';ftZ51': ' :...,''',. slm'''4",:iltAiv,',,k,,,E,;:,.-, ,,:,:,-,-,:-:,!,- -::, , :-,,''2,-,,,, ' .,iiii,,,a, :44 0133 02 Shop Drawings 0133 03 Record Data r• 0133 04 Construction Progress Schedule ill 0133 05 Video and Photographic Documentation 0133 06 Operation and Maintenance Data 01 34 03 Buy American Provisions(TWDB) 0134 04 Buy American Certification (TWDB) iii 0140 00 Quality Management 0145 16.16 Hydrostatic Test 0150 00 Temporary Facilities and Controls 0157 00 Temporary Controls r 0160 00 Product Requirements Le 0164 00 Owner-Furnished Products 0170 00 Execution and Closeout Requirements 0174 23 Final Cleaning 0175 00 Starting and Adjusting L0178 35 Training of Operation and Maintenance Personnel Division 03 Concrete 03 1100 Concrete Forming 03 2100 Reinforcing Steel 03 30 00 Cast-In-Place Concrete 03 45 13 Precast Concrete Panels r or Division 04 Masonry 04 22 00 Concrete Unit Masonry lie Division 05 Metals 05 12 00 Structural Steel Framing r 05 3100 Steel Decking la Division 06 Wood, Plastic,&Composites L0610 00 Rough Carpentry r as Table of Contents 00 0100-2 Corpus Christi Standards-Special Projects 09-25-2013 L L t000n f tt ," Tik .; E Division 7 Thermal&Moisture Protection 07 4113 Metal Roof Panels 07 62 00 Sheet Metal Flashing and Trim r 07 90 05 Joint Sealers be Division 8 Openings bee 08 11 13 Hollow Metal Doors and Frames 08 33 23 Overhead Coiling Doors 08 7100 Door Hardware 08 80 00 Glazing Division 9 Finishes 09 30 00 Tiling 09 5100 Acoustical Ceilings 09 90 00 Painting and Coating 09 96 00.01 High-Performance Coatings 09 97 13 Pipeline Coatings and Linings C Division 10 Specialties 10 28 00 Toilet, Bath, and Laundry Accessories 10 40 00 Identification Devices 10 44 00 Fire Protection Specialties Division 13 Special Construction ['s 13 1150 Corrosion Monitoring System Division 22 Plumbing Systems 22 05 29 Hangers and Supports for Plumbing Piping and Equipment r 22 07 19 Plumbing Piping Insulation bo r lb Table of Contents 00 0100-3 Corpus Christi Standards-Special Projects 09-25-2013 I Igl1 ..> 22 11 16 Domestic Water Piping 22 11 19 Domestic Water Piping Specialties 22 13 16 Sanitary Waste and Vent Piping 22 14 29.16 Submersible Sump Pumps 22 40 00 Plumbing Fixtures Division 23 Heating,Ventilating and Air Conditioning 23 00 50 Basic Materials and Methods 23 05 13 Common Motor Requirements for HVAC Equipment 23 05 29 Hangers&Supports for HVAC Piping&Equipment 23 05 53 Identification for HVAC Piping& Equipment 23 05 93 Testing,Adjusting and Balancing 23 07 00 Mechanical Insulation 23 3113 Metal Ductwork 23 33 00 Ductwork Accessories 23 34 23 HVAC Power Ventilators 23 37 13 Diffusers, Registers and Grilles 23 74 13 Packaged Outdoor Air Handling Units 23 8119 Self-Contained Air-Conditioners 23 82 39 Unit Heaters Division 26 Electrical 26 01 26 Electrical Testing 26 05 00 Common Work Results for Electrical 26 0513 Medium-Voltage Cables 26 0519 Low-Voltage Electrical Power Conductors and Cables Table of Contents 00 0100-4 Corpus Christi Standards-Special Projects 09-25-2013 I L. Division,/ x m tir 3 i iO Tits 26 05 19.01 Wire Connections and Devices 26 05 26 Grounding and Bonding for Electrical Systems 26 05 29 Hangers and Supports for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 36 Cable Trays for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems 26 05 53 Identification for Electrical Systems L. 26 05 73.01 Electrical Power System Studies 26 12 00 Medium-Voltage Transformers 2613 00 Medium-Voltage Switchgear 26 22 00 Low-Voltage Transformers 26 2413 Switchboards 26 2416 Panelboards 26 27 26 Wiring Devices 26 2816 Enclosed Switches and Circuit Breakers 26 2913 Enclosed Controllers 26 29 23 Variable-Frequency Motor Controllers 26 36 00 Transfer Switches 26 41 13 Lightning Protection for Structures 26 50 00 Lighting Division 27 Communications 1; 27 15 23 Communications Optical Fiber Horizontal Cabling Division 31 Earthwork iks 3105 13 Soils for Earthwork 3105 16 Aggregates for Earthwork 3105 23.13 Soil Cement 31 11 00 Clearing and Grubbing(Civil) 31 23 10 Structural Excavation and Backfill 31 23 16 Excavation L. 31 23 19.01 Care of Water During Construction 3123 23.16 Compacted Earth Fill LTable of Contents 00 0100-5 Corpus Christi Standards-Special Projects 09-25-2013 I L Iv*iitli T�y - _ 31 23 23.33 Flowable Fill 31 23 33.14 Trench Safety 3123 33.16 Trenching and Backfill 3125 13.13 Seeding for Erosion Control 3132 19.14 Geogrid Soil Stabilization 3132 19.24 Geotextile/Geonet Composite Layer Separation 31 35 26.16 HDPE Geomembrane Containment Barriers 31 41 16 Sheet Piling 3162 13.23 Prestressed Concrete Piles 3162 16.16 Steel H-Piles 3163 29 Drilled Concrete Piers and Shafts r Division 32 Exterior Improvements 32 1123 Aggregate Base Courses 32 3113.53 High-Security Chain-Link Fences and Gates Division 33 Utilities 33 05 01.07 Low Head Reinforced Concrete Culvert,Storm Drain,and Sewer Pipe 33 1113.13 Steel Pipe 33 12 16.13 Miscellaneous Valves 33 12 16.16 Air Release and Air and Vacuum Valves 33 12 16.23 Gate Valves 33 1216.26 Butterfly Valves 33 12 16.33 Swing Check Valves 33 3613.16 Fiberglass Utility Septic Tank 33 46 26 Geotextile Subsurface Drainage 33 46 36 Internal Drainage Systems Division 35 Waterway and Marine Construction 35 13 13.01 Barrier and Warning System 35 13 53.01 Instrumentation (Dams) p 35 30 00 Microtunneling 35 40 00 Marine Construction r Table of Contents 00 0100-6 Corpus Christi Standards-Special Projects 09-25-2013 r Tltf� 35 50 00 Intake Screens Division 40 Process Integration 40 05 50.13 Sluice Gates 40 90 01 Instrumentation 40 90 02 Supervisory Control and Data Acquisition (SCADA) System 40 90 02.01 Control System Configuration&Narratives 40 90 03 SCADA&Instrumentation Testing and Commissioning 40 92 13.14 Pump Control Ball Valves Division 41 Material Processing and Handling Equipment 4122 13.13 Bridge Cranes Appendix Appendix A Mitigation Plan for Impacts to Aquatic Resources and Terrestrial Habitats it END OF SECTION C r. Table of Contents 00 0100-7 09-25-2013 Corpus Christi Standards-Special Projects r • 0011 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following Project: Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin E10008 for FY-2013-2014 This project will involve the construction commissioning of the following elements: A. Two earthen sedimentation basins with capacities of approximately 12 million gallons each. B. Low-pressure River Pump Station (RPS)capable of transferring 46 million gallons per day to the sedimentation basins.The intakes for the River Pump Station will be microtunneled river intakes with screens placed in the Colorado River. C. High-pressure Booster Pump Station (BPS)capable of transferring 46 million gallons per day to the existing Mary Rhodes water transmission system. 1.02 The Engineer's Opinion of Probable Cost for the Project is$31,000,000.00. The Project is to be substantially complete and ready for operation within 383 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: www.publicpurchase.com 2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents,as defined in the Agreement are received. 2.03 This website will be updated periodically with Addenda, lists of interested parties, reports,or other information relevant to submitting a Bid for the Project. ARTICLE 3—PRE-BID CONFERENCE tr 3.01 A pre-bid conference is not required for this Project. 3.02 A non-mandatory pre-bid conference for the Project will be held on November 18th, 2013 10:00 am at the following location at the following location: 6th Floor Conference Room,City Hall 1201 Leopard Corpus Christi,Texas 78469 r Invitation to Bid 00 11 16-1 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin L C ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding Website. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted at least 72 hours prior to the date of the bid opening. 4.02 A response to a question posted on the website that requires modification of the Contract I, Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal C, effect. ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/HUB Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/HUB PARTICIPATION POLICY. 5.02 Minority participation for this Project has been established to be 10%of the Contract Price Ili 5.03 Minority Business Enterprise participation for this Project has been established to be 10%of the E Contract Price. 5.04 Bidder must make a good faith effort to meet a Historically Underutilized Business(HUB) Participation goal of 11.2%of the Contract Price ARTICLE 6—BID SECURITY 6.01 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 7 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 of the greatest amount bid,the greatest proposed Contract Price. 6.02 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 may provide their surety's standard penal sum bid bond form. The Bid Bond must reference the Project by name as identified in Article 7. `'' 6.03 Failure to provide the Bid Security will constitute a non-responsive Bid which will not be kiii considered. Failure to provide required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. CARTICLE 7—DELIVERY OF BIDS 7.01 Sealed Bids must be delivered to the Owner at the address below no later than December 11, 2013 at 2:00 pm to be accepted. The Bids will be publicly opened and read aloud at this time and place. Bids received after this time will be returned unopened. Address Bids to the Owner r as follows: Ow The City of Corpus Christi,Texas Invitation to Bid 0011 16-2 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin C I City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin Bond 2013-2014, Project No. E10008 ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to the Lowest Responsible Bidder. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices,to reject any or all Bids, and/or waive formalities. Bids may not be withdrawn within 90 days from the date on which Bids are opened. ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. 9.02 Contractors for this Project must obtain and provide the necessary insurance, including Workers' Compensation Insurance, as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 9.03 Performance and Payment Bonds are required. END OF SECTION bit I I Invitation to Bid 0011 16-3 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin A/��® DATE(MM/DD/YYYY) `� CERTIFICATE OF LIABILITY INSURANCE 2/26/2014 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 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 o : y Hll Gravenor NAME Frank Siddons Insurance Agency Fort Worth, PA/CNN.Extr (817)737-4943 I FAAAJ,No): (817)737-4947 Member: K & S Group noDRlESS:Holly @fsifw.com 2900 Marquita Drive INSURER(S)AFFORDING COVERAGE NAIC# Fort Worth TX 76116-4016 _INSURER A:CNA Continental Casualty Co. 20443 INSURED INSURER B:Great American Ins. Companies 16691 Oscar Renda Contracting, Inc. INsuRERc:Hanover Insurance Company 22292 608 Henrietta Creek INSURER D: INSURER E: Roanoke TX 76262-6339 INSURERF: COVERAGES CERTIFICATE NUMBER:ORC ALOB 13-14 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF IN RANCE ADDL SUBR POLICY EFF POLICY EXP W /Y LIMITS LTR INSR VD POLICY NUMBER (MM/DDYYY1 (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300 000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ A CLAIMS-MADE X OCCUR GLC4034414211PKG 11/1/2013 11/1/2014 MED EXP(Any one person) $ 5,000 X XCU V PERSONAL&ADV INJURY $ �1,000,000 X Contractual GENERAL AGGREGATE $ V/ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 —1 POLICY I X I JE n/ LOC $ AUTOMOBILE LIABILITY / COMBINED SINGLE LIMIT YYY (Ea accident) $ v/ 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED U4034414189AUTO 11/1/2013 11/1/20],4 BODILY INJURY(Per accident) $ AUTOS AUTOS `// NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ $ / X UMBRELLA LIAB X OCCUR Y EACH OCCURRENCE $ /25,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 25,000,000 DED X I RETENTION$ 10,000 TUU 5-57-81-22-08 UMB 11/1/2013 11/1/20/ .4 $ A WORKERS COMPENSATION � X WC STATU- OTH- AND EMPLOYERS'LIABILITY I TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N N N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? WC434414208 11/1/2013 11/1/20 4 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Contractor's Equipment IHD 8163047-08 11/1/2013 11/1/2014 All risk subject to policy & Property Floater limits&exclusions PESCRIPT1oN OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) MaL._ x`Y Rhodes-Pipeline Ph2 Pump ;Stations/Sedimenta. ion ;Basin FY 2013 14," Project No E10008 The general liability and auto policies include blanket automatic additional insured 'endorsementsthat provide additional insured status on a primary & non-contributory basis to the certificate holder only when there is a written contract between the named insured and the certificate holder, its officers, officials, employees, volunteers & elected representatives; subcontractors, sub-subcontractors, landowners named and not named, that requires such status. The general liability, auto & workers compensation policies include blanket automatic waiver of CERTIFICATE HOLDER CANCELLATION / SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE V THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi-Capital Programs Attn: Sylvia Arriaga- Contracts Administration AUTHORIZED REPRESENTATIVE P.O. Box 9277 Corpus Christi, TX 78469-9277 Steven Siddons/HGRAVE `e'er '^' ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS subrogation endorsements that provide this feature only when there is a written contract between the named insured and the certificate holder, its officers, employees, volunteers, and elected representatives; subcontractors, sub-subcontractors, landowners named and not named that requires it Thirty (30) Days written Notice of Cancellation is applicable in favor of owner- City of Corpus Christi, Contractor and all additional insureds on all policies captioned above. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. CNA CNA PARAMOUNT Policy Declarations Policy Number: . 4034414211 Renewal of: 4034414211 Policy Name: VALLEY FORGE INSURANCE COMPANY Issued by: Address: 333 S. WABASH CHICAGO, IL. 60604 Producer Code: 0 4114 7 Name: FRANK SIDDONS INS AGCY FT WORTH INC Producer's Address: 2900 MARQUITA DRIVE Information: FORT WORTH, TX 76116 J 1. Named Name: OSCAR RENDA CONTRACTING, INC. Insured and Address: 608 HENRIETTA CREEK mailing address: ROANOKE, TX 76262-6397 2. Coverage The coverage parts attached to and Parts: forming part of this Policy Business Property — t?�rieraJ ,.a.ab.lty — i 1 � 3. Policy Period: Effective date from: to At 12:01 A.M.Standard Time at your 11/01/2013 11/01/2014 mailing address shown above 4. Limits of Insurance and Deductibles: See Coverage Part Declarations 5. Premium, Surcharges, See Coverage Part Declarations for Coverage Part - Taxes and Premium,surcharges,taxes and fees - Fees at Total Premium and applicable taxes,surcharges and fees _ Issuance: - 6. Forms and — Endorsements Attached to this See Schedule of Forms and Endorsements - Policy at - Issuance: CNA62639XX 09-12 Page 1 of 2 Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Schedule of Forms and Endorsements I. CNA PARAMOUNT A. Policyholder Notices Form Title Form Number Form Edition Policy Holder Notice - Countrywide CNA62821XX 09-12 Policy Holder Notice - Countrywide CNA62823XX 09-12 Policy Holder Notice - Texas CNA62854TX 09-12 Policy Holder Notice - Texas CNA62855TX 09-12 Policy Holder Notice - Texas CNA62856TX 09-12 General Liability Policyholders notice -TX G132259A42 07-98 IMP INF Economic And Trade Sanctions Condition G145041A 05-03 Imp Info For Insureds Who Hire Subcontractors G44128B 11-04 Important Information for Texas Policyholders G53752D42I 00-00 B. Policy Terms & Conditions Policy Declarations CNA62639XX 09-12 Schedule of Forms and Endorsements CNA62640XX 09-12 Common Terms and Conditions CNA62.642XX 09-12 First Party Glossary of Defined Terms CNA62641XX 09-12 First Party Terms and Conditions CNA62647XX 09-12 U. POLICY COVERAGE PARTS A. Business Property Business Property Coverage Part Declarations CNA62643XX 09-12 Business Property Schedule of Coverages and Limits CNA62645XX 09-12 Business Property Schedule of Locations CNA62644XX 09-12 Business Property Coverage Part CNA62648XX 09-12 =Am Business Income and Extra Expense Equipment CNA62652XX 09-12 mmn Breakdown Deductible Endorsement E. General Liability EEE General Liability Coverage Part Declaration P55170A 01-86 CNA62640XX 09-12 Page 1 of 3 Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT 1 Schedule of Forms and Endorsements Form Title Form Number Form Edition DEDUCTIBLE CONT CG0300 G560158 111-91 CG0205 G56015B 11-91 G300973 & CG300974 CONT'L G56015B 11-91 LOCATION IS INCLUDED ON GL COVERAGE: G56015B 11-91 DES MOINES METROPOLITAN WASTEWATER RECLAMATION G56015B 11-91 AUTHORITY Employee Benefits Liability Supplemental Schedule G15104A 10-89 Commercial General Liability Coverage Form CG0001 04-13 Texas Changes CG0103 06-06 TX Changes-Amend Cancellation Prov or Cov Change ( CG0205 12-04 Deductible Liability Insurance CG0300 01-96 Limitation of Cov to Designated Prem or Project CG2144 07-98 Exclusion of Certified Acts Terrorism CG2173 01-08 Exclusion - Contractors - Professional Liability CG2279 07-98 Boats CG2412 11-85 __ J Waiver Of Governmental Immunity CG2414 04-13 Contractual Liability - Railroads CG2417 10-01 Designated Locationts) General Aggregate Limit CG2504 ' 05-09 Tx Changes-Employment Related Practices Exclusion CG2639 12-07 Amendatory Endorsement - Pollution Exclusion G132263B 11-04 Exclusion - Construction Wrap-Up Program G136107A 103-00 Exclusion-Subsidence G138921C 02-05 IF Blanket Addl Insd - Owner, Lessee Cntrctr - w/C-O G140331D 01-13 Fungi/Mold/Mildew/Yeast/Microbe Exclusion - Texas G142561A42 11-03 Exclusion - Silica G145658A 11-03 Employee Benefits Liability Coverage G15103A42 10-89 1- Contractors General Liability Extension Endt G18652J; 07-12 TX Policyholder Notice - Excl-Subsidence G300219A42 11-05 Exterior Finish System Prod/Comp Ops Exclusion G300250A 02-06 PHN Exterior Finish System Prod/Comp Ops Exclusion G300280A42 04-06 Additional Insured CG2010 07-04 CNA62640XX 09-12 Page 2or 3 Copyright CNA AI!Rights Reserved. CNA National Utility Contractors Association General Liability Renewal Declaration POLICY NUMBER COVERAGE PROVIDED BY FROM - POLICY PERIOD - TO U 4034414211 VALLEY FORGE INSURANCE COMPANY 11/01/2013 11/01/2014 333 S. WABASH CHICAGO, IL. 60604 INSURED NAME AND ADDRESS OSCAR RENDA CONTRACTING, INC. 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 REFER TO ADDITIONAL NAMED INSUREDS SCHEDULE AGENCY NUMBER AGENCY NAME AND ADDRESS 041147 FRANK SIDDONS INS AGCY FT WORTH INC 2900 MARQUITA DRIVE FORT WORTH, TX 76116 Phone Number: (817)737-4943 BRANCH NUMBER BRANCH NAME AND ADDRESS 040 DALLAS BRANCH 700 N. PEARL ST., STE. 300 DALLAS, TX 75201 Phone Number: (214)220-1300 This policy becomes effective and expires at 12:01 A.M. standard time at your mailing address on the dates shown above. The Named Insured is a Corporation. Your policy is composed of this Declarations, with the attached Common Policy Conditions, Coverage Forms, and Endorsements, if any. The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance. MEM The Estimated Policy Premium Is Audit Period is Annual MMM In return for the payment of the premium, and subject to all the terms and conditions EEE contained here-in, we agree to provide the insurance as stated. INSURED Page 1 of 4 POLICY NUMBER INSURED NAME AND ADDRESS U 4034414211 OSCAR RENDA CONTRACTING, INC. 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 LIMITS OF INSURANCE DESCRIPTION LIMIT Each Occurrence $1,000,000 Personal & Advertising Injury $1,000,000 Medical Expense - Any One Person $5,000 Damage To Premises Rented To You Limit 5100,000 Products/Completed Operations Aggregate $2,000,000 General Aggregate $2,000,000 Employee Benefits Liability Coverage Each Employee $1,000,000 Aggregate $1,000,000 SCHEDULE OF COVERAGES PREMIUM ESTIMATED COVERAGE/HAZARD DESCRIPTION EXPOSURE BASIS RATE PREMIUM POLICY LEVEL COVERAGES Employee Benefits Liability INCL Employee Benefits Liability INCL Each INCL INCL Employee Deductible Each Employee $1,000 Contractors General Liability Extension INCL INCL INCL INCL General Contractors Blanket Additional Insured INCL INCL INCL INCL COMPOSITE RATING COMPOSITE RATE APPLIES TO WC PAYROLL EXCLUCING Property Damage Liability Deductible Per Occurrence MINIMUM GENERAL LIABILITY PREMIUM Location 2 2501 GREENBELT ROAD INSURED Page 2 of 4 4. Other Insurance (3) When this insurance is excess over other , If other valid and collectible insurance is available to insurance, we will pay only our share of the the insured for a loss we cover under Coverages A amount of the loss, if any, that exceeds the or B of this Coverage Part, our obligations are limited sum of: as follows: (a) The total amount that all such other a. Primary Insurance insurance would pay for the loss in the This insurance is primary except when Paragraph absence of this insurance;and b. below applies. If this insurance is primary, our (b) The total of all deductible and self-insured obligations are not affected unless any of the amounts under all that other insurance. other insurance is also primary. Then, we will (4) We will share the remaining loss, if any, with share with all that other insurance by the method any other insurance that is not described in described in Paragraph c. below. this Excess Insurance provision and was not b. Excess Insurance bought specifically to apply in excess of the Limits of Insurance shown in the Declarations (1) This insurance is excess over: of this Coverage Part. (a) Any of the other insurance, whether c. Method Of Sharing primary, excess, contingent or on any other basis: If all of the other insurance permits contribution by equal shares, we will follow this method also. (i) That is Fire, Extended Coverage, Under this approach each insurer contributes Builder's Risk, Installation Risk or equal amounts until it has paid its applicable limit similar coverage for"your work"; of insurance or none of the loss remains, (ii) That is Fire insurance for premises whichever comes first. rented to you or temporarily occupied If any of the other insurance does not permit by you with permission of the owner; contribution by equal shares,we will contribute by (iii) That is insurance purchased by you to limits. Under this method, each insurer's share is cover your liability as a tenant for based on the ratio of its applicable limit of "property damage" to premises rented insurance to the total applicable limits of to you or temporarily occupied by you insurance of all insurers. with permission of the owner;or 5. Premium Audit (iv) If the loss arises out of the a. We will compute all premiums for this Coverage maintenance or use of aircraft, "autos" Part in accordance with our rules and rates. or watercraft to the extent not subject to Exclusion g.of Section I—Coverage b. Premium shown in this Coverage Part as A — Bodily Injury And Property advance premium is a deposit premium only. At Damage Liability. the close of each audit period we will compute the earned premium for that period and send (b) Any other primary insurance available to notice to the first Named Insured. The due date you covering liability for damages arising for audit and retrospective premiums is the date out of the premises or operations, or the shown as the due date on the bill. If the sum of products and completed operations, for the advance and audit premiums paid for the which you have been added as an policy period is greater than the earned premium, additional insured. we will return the excess to the first Named (2) When this insurance is excess, we will have Insured. no duty under Coverages A or B to defend c. The first Named Insured must keep records of the the insured against any "suit" if any other information we need for premium computation, insurer has a duty to defend the insured and send us copies at such times as we may against that"suit."If no other insurer defends, request. we will undertake to do so, but we will be entitled to the insured's rights against all 6. Representations those other insurers. By accepting this policy,you agree: a. The statements in the Declarations are accurate and complete; Page 12 of 16 Copyright, Insurance Services Office, Inc.,2012 CG 00 01 0413 b. Those statements are based upon However, "auto" does not include "mobile representations you made to us;and equipment." c. We have issued this policy in reliance upon your 3. "Bodily injury" means bodily injury, sickness or representations. disease sustained by a person, including death ic.7. Separation Of Insureds resulting from any of these at any time. Except with respect to the Limits of Insurance, and 4. "Coverage territory"means: any rights or duties specifically assigned in this a. The United States of America (including its Coverage Part to the first Named Insured, this territories and possessions), Puerto Rico and insurance applies: Canada; a. As if each Named Insured were the only Named b. International waters or airspace, but only if the Insured;and injury or damage occurs in the course of travel or b. Separately to each insured against whom claim is transportation between any places included in made or"suit"is brought. Paragraph a.above;or 8. Transfer Of Rights Of Recovery Against Others c. All other parts of the world if the injury or damage To Us arises out of: If the insured has rights to recover all or part of any (1) Goods or products made or sold by you in the payment we have made under this Coverage Part, territory described in Paragraph a.above; those rights are transferred to us. The insured must (2) The activities of a person whose home is in do nothing after loss to impair them. At our request, the territory described in Paragraph a. above, the insured will bring "suit" or transfer those rights to but is away for a short time on your business; us and help us enforce them. or 9. When We Do Not Renew (3) "Personal and advertising injury"offenses that If we decide not to renew this Coverage Part,we will take place through the Internet or similar mail or deliver to the first Named Insured shown in electronic means of communication; the Declarations written notice of the nonrenewal not provided the insured's responsibility to pay less than 30 days before the expiration date. damages is determined in a "suit" on the merits, If notice is mailed, proof of mailing will be sufficient in the territory described in Paragraph a. above or proof of notice. in a settlement we agree to. SECTION V—DEFINITIONS 5. "Employee" includes a "leased worker." "Employee" does not include a"temporary worker." 1. "Advertisement" means a notice that is broadcast or 6. "Executive officer" means a person holding any of published to the general public or specific market p g y segments about your goods, products or services for the officer positions created by your charter, the purpose of attracting customers or supporters. constitution, bylaws or any other similar governing E p p g document. For the purposes of this definition: a a. Notices that are published include material 7 "Hostile fire" means one which becomes ° placed on the Internet or on similar electronic uncontrollable or breaks out from where it was 1 means of communication; and intended to be. b. Regarding web sites, only that part of a web site 8 "Impaired property" means tangible property, other that is about your goods, products or services for than "your product" or "your work," that cannot be the purposes of attracting customers or used or is less useful because: supporters is considered an advertisement. a. It incorporates "your product" or "your work" that 2. "Auto"means: is known or thought to be defective, deficient, inadequate or dangerous;or a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any b. You have failed to fulfill the terms of a contract or attached machinery or equipment;or agreement; b. Any other land vehicle that is subject to a if such property can be restored to use by the repair, compulsory or financial responsibility law or other replacement,adjustment or removal of"your product" motor vehicle insurance law where it is licensed or your work" or your fulfilling the terms of the or principally garaged. contract or agreement. CG 00 01 0413 Copyright, Insurance Services Office, Inc.,2012 Page 13 of 16 CNA G-140331-D (Ed.01/13) .)I( BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS- WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract"per Paragraph A. below.) Locations of Covered Operations (As per the"written contract,"provided the location is within the"coverage territory"of this Coverage Part.) A. Section II-Who Is An Insured is amended to include as an additional insured: 1. Any person or organization,whom you are required by "written contract" to add as an additional insured on this Coverage Part;and 2. The particular person or organization, if any,scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage,"or"personal and advertising injury"caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the"written contract";or b. "Your work"that is specified in the"written contract" but only for"bodily injury"or"property damage" included in the"products-completed operations hazard,"and only if: (1) The"written contract"requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. If the"written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010(aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01),or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.1. above, the words 'caused in whole or in part by' are replaced by the words'arising out of. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the"written contract"; — c. That described in B.1.above;or d. That afforded to you under this policy, whichever is less. G-140331-D (Ed.01/13) Page 1 of 2 Copyright,CNA All Rights Reserved. G-140331-D (Ed.01/13) 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance(Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the"written contract"to be primary and non-contributory, this insurance will be primary and non- contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to"bodily injury,""property damage,"or"personal and advertising injury"arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications;and (2) Supervisory,inspection, architectural or engineering activities;or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. 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 will 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) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or"suit";and (4) Tender the defense and indemnity of any claim or"suit"to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. 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." D. Only for the purpose of the insurance provided by this endorsement,SECTION V—DEFINITIONS is amended to add the following definition: "Written contract"means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part,provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The"bodily injury"or"property damage";or b. The offense that caused the"personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc. G-140331-D (Ed.01/13) Page 2 of 2 Copyright.CNA All Rights Reserved. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 02 0512 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: PER SCHEDULE ON FILE 2. Address: PER SCHEDULE ON FILE *- 3. Number of days advance notice:060 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. 0 0 CG 02 0512 04 Copyright, ISO Properties, Inc.,2003 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): ALL INSURED LOCATIONS Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or"suits"brought;or obligated to pay as damages caused by c. Persons or organizations making claims or "occurrences" under Section I — Coverage A, and bringing"suits." for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed 3. Any payments made under Coverage A for only to operations at a single designated "location" damages or under Coverage C for medical shown in the Schedule above: expenses shall reduce the Designated Location General Aggregate Limit for that designated 1. A separate Designated Location General "location." Such payments shall not reduce the Aggregate Limit applies to each designated General Aggregate Limit shown in the "location," and that limit is equal to the amount Declarations nor shall they reduce any other of the General Aggregate Limit shown in the Designated Location General Aggregate Limit Declarations. for any other designated "location"shown in the 2. The Designated Location General Aggregate Schedule above. Limit is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each damages under Coverage A, except damages Occurrence, Damage To Premises Rented To because of"bodily injury" or"property damage" You and Medical Expense continue to apply. included in the "products-completed operations However, instead of being subject to the hazard," and for medical expenses under General Aggregate Limit shown in the Coverage C regardless of the number of: Declarations, such limits will be subject to the a. Insureds; applicable Designated Location General •=� Aggregate Limit. CG 25 04 05 09 Copyright, Insurance Services Office, Inc.,2008 Page 1 of 2 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard" is "occurrences" under Section I — Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents under "bodily injury"or"property damage" included in the Section I—Coverage C,which cannot be attributed "products-completed operations hazard"will reduce only to operations at a single designated "location" the Products-completed Operations Aggregate shown in the Schedule above: Limit, and not reduce the General Aggregate Limit 1. Any payments made under Coverage A for nor the Designated Location General Aggregate damages or under Coverage C for medical Limit. expenses shall reduce the amount available D. For the purposes of this endorsement, the under the General Aggregate Limit or the Definitions Section is amended by the addition of Products-completed Operations Aggregate the following definition: Limit,whichever is applicable;and "Location" means premises involving the same or 2. Such payments shall not reduce any connecting lots, or premises whose connection is Designated Location General Aggregate Limit. interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, Insurance Services Office, Inc.,2008 CG 25 04 05 09 CNA G-18652-J (Ed.07/12) CONTRACTORS'GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds Seven additional insured extensions. 2. Bodily Injury–Expanded Definition 3. Broad Knowledge of Occurrence/Notice of Occurrence 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To"Your Product"And"Your Work" Limit:$100,000. 6. Contractual Liability–Railroads Expanded definition of"insured contract." 7. Contractual Liability For Personal And Advertising Injury 8. Electronic Data Liability Loss of Electronic Data Limit:$100,000. 9. Expanded Personal And Advertising Injury-Discrimination Or Humiliation 10. Expected Or Intended Injury —Reasonable force–"bodily injury"or"property damage." 11. General Aggregate Limits Of Insurance-Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies Coverage for your interest in such terminated or ended organizations. 15. Legal Liability/Alienated Premises/Borrowed Equipment Coverage Extended perils. Default limit increased to$500,000 for Damage to Premises Rented To You. $25,000 limit for"property damage"to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension 18. Medical Payments Limits increased to$15,000. Reporting increased to three years from the date of accident. 19. Non-owned Aircraft Coverage 20. Non-owned Watercraft Increased to 75 feet. glik 21. Primary And Non-Contributory To Other Insurance 22. Property Damage-Elevators 23. Supplementary Payments Cost of bail bonds increased to$5,000. Daily loss of earnings increased to$1,000. 24. Unintentional Failure To Disclose Hazards d 25. Waiver of Subrogation-Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap-Up Extension G-18652-J (Ed.07/12) Page 1 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed.07/12) 1. ADDITIONAL INSURED not apply to any "occurrence" which takes place after the equipment lease expires. SECTION II—WHO IS AN INSURED is amended to include as an insured any person or organization D. Lessor-Land (called additional insured)described in paragraphs A. An owner or other interest from whom land has through G.below whom you are required to add as an been leased by you but only with respect to additional insured on this policy under a written liability arising out of the ownership, maintenance contract or written agreement, provided the written or use of that specific part of the land leased to contract or written agreement: you and subject to the following additional i. Is currently in effect or becomes effective exclusions: during the term of this policy;and This insurance does not apply to: ii. Was executed prior to the "bodily injury," 1. Any "occurrence" which takes place after you "property damage" or "personal injury and cease to lease that land;or advertising injury" for which the additional insured seeks coverage. 2. Structural alterations, new construction or demolition operations performed by or on However, we will not provide the additional behalf of such additional insured. insured any broader coverage or any higher limit of insurance than the least that is: E. Lessor-Premises a. The maximum permitted by law; A manager or lessor of premises but only with respect to liability arising out of the ownership, b. Required in the written contract or written maintenance or use of that specific part of the agreement; premises leased to you and subject to the c. Afforded to you under this policy;or following additional exclusions: d. Described in the applicable paragraphs A. This insurance does not apply to: through G.below. 1. Any "occurrence" which takes place after you A. Controlling Interest cease to be a tenant in that premises;or Any persons or organizations with a controlling 2. Structural alterations, new construction or interest in you but only with respect to their liability demolition operations performed by or on arising out of: behalf of such additional insured. 1. Their financial control of you;or F. Mortgagee,Assignee or Receiver 2. Premises they own, maintain or control while A mortgagee, assignee or receiver but only with you lease or occupy these premises. respect to their liability as mortgagee,assignee,or receiver and arising out of the ownership, This insurance does not apply to structural maintenance,or use of a premises by you. alterations, new construction and demolition operations performed by or for such additional This insurance does not apply to structural insured. alterations, new construction or demolition B. Co-owner of Insured Premises operations performed by or for such additional insured. A co-owner of a premises co-owned by you and G. State or Governmental Agency or Subdivision covered under this insurance but only with respect or Political Subdivisions to the co-owner's liability as co-owner of such premises. A state or governmental agency or subdivision or political subdivision subject to the following C. Lessor-Equipment provisions: 1. Any person or organization from whom you 1. This insurance applies only with respect to the lease equipment, but only with respect to following hazards for which the state or liability for "bodily injury," "property damage" governmental agency or subdivision or or"personal and advertising injury"caused, in political subdivision has issued a permit or whole or in part, by your maintenance, authorization in connection with premises you operation or use of equipment leased to you own, rent, or control and to which this by such person or organization. insurance applies: 2. With respect to the insurance afforded to a. The existence, maintenance, repair, these additional insureds, this insurance does construction, erection, or removal of G-18652-J(Ed.07/12) Page 2 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed.07/12) advertising signs, awnings, canopies, (3) An executive officer or the employee cellar entrances, coal holes, driveways, designated by you to give such notice, if you manholes, marquees, hoistaway are a corporation;or openings,sidewalk vaults,street banners, or decorations and similar exposures;or (4) A manager, if you are a limited liability company. b. The construction, erection, or removal of B. NOTICE OF OCCURRENCE elevators;or c. The ownership, maintenance or use of Your rights under this Coverage Part will not be any elevators covered by this insurance. prejudiced if you fail to give us notice of an "occurrence,"offense, claim or"suit"and that 2. This insurance applies only with respect to failure is solely due to your reasonable belief that operations performed by you or on your behalf the"bodily injury"or"property damage"is not for which the state or governmental agency or covered under this Coverage Part.However, you subdivision or political subdivision has issued shall give written notice of this"occurrence," a permit or authorization. offense,claim or"suit"to us as soon as you are 3. This insurance does not apply to: aware that this insurance may apply to such "occurrence,"offense claim or"suit." a. "Bodily injury," "property damage" or 4. BROAD NAMED INSURED "personal and advertising injury" arising out of operations performed for the A. Any subsidiary or affiliate organization, other than federal government, state or municipality; a partnership, joint venture or limited liability or company, in which a Named Insured specifically b. "Bodily injury" or shown in the Declarations has management y ry" "property damage" control, directly or through one or more subsidiary included within the "products-completed organizations, at the time of loss will qualify as a operations hazard." Named Insured but only if there is no other similar A governmental permit which requires you to add insurance available to such organization, nor the governmental entity as an additional insured similar insurance which would be available but for will trigger this Provision 1.as if the permit were a exhaustion of its limits. For the purpose of this written contract. provision, similar insurance means general liability 2. BODILY INJURY—EXPANDED DEFINITION or equivalent insurance, no matter whether its coverage is broader or narrower than that SECTION V—DEFINITIONS,the definition of"bodily provided by this insurance. But if the only other injury"is changed to read: similar insurance is for a "consolidated (wrap-up) program," then a subsidiary that qualifies as a "Bodily injury"means bodily injury,sickness or disease Named Insured on such project-specific insurance sustained by a person,including death,humiliation, can still qualify as a Named Insured on this shock,mental anguish or mental injury by that person insurance, but not for projects covered by the at any time which results as a consequence of the "consolidated wra -u bodily injury,sickness or disease. ( p p)program." (Please see Item 26.C.of this endorsement for the E 3. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE definition of"consolidated wra -u OF OCCURRENCE ( p p)program.') B. This endorsement does not apply to any Condition 2.Duties in The Event of Occurrence, organization for which coverage is excluded by Offense,Claim or Suit of SECTION IV— another endorsement attached to this policy. COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following provisions: C. Only for the purpose of this endorsement: A. BROAD KNOWLEDGE OF OCCURRENCE 1. Management control means: You must give us or our authorized representative a. Ownership interest representing more notice of an "occurrence,"offense, claim, or"suit" than 50% of the voting, appointment, or only when the "occurrence," offense, claim or designation power for the subsidiary "suit"is known to: organization's governing body;or (1) You, if you are an individual; b. Having the right, pursuant to a written contract, or pursuant to the by-laws, (2) A partner,if you are a partnership; charter, operating agreement, or similar document of a specifically shown Named Insured or controlled subsidiary G-18652-J(Ed.07/12) Page 3 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed.07/12) organization to select, appoint, or (a) Fire; designate a majority of the subsidiary organization's governing body. Such (b) Smoke; contract or document must have been (c) Collapse;or created prior to the time of loss;or (d) Explosion. c. Having the right, pursuant to a written trust agreement, to protect, control the B. The following paragraph is added to SECTION III use of, encumber or transfer and sell —LIMITS OF INSURANCE: property held by a trust. Subject to 5.above,$100,000 is the most we will 2. Governing body means the Board of Directors pay under Coverage A for the sum of damages of a corporation. arising out of any one"occurrence"because of "property damage"to"your product"and"your 3. Loss means: work"that is caused by fire,smoke,collapse or a. The occurring of the "bodily injury" or explosion and is included within the"product- "property damage";or completed operations hazard." This sublimit does not apply to"property damage"to"your work"if b. The committing of the offense that caused the damaged work or the work out of which the the"personal and advertising injury." damage arises was performed on your behalf by a D. The insurance provided by this policy applies to subcontractor. Named Insureds when trading under their own C. This Provision 5. Broadened Liability Coverage names, or under such trading names or doing- For Damage To "Your Product" And "Your business-as (DBA) names as any should choose Work" does not apply if an endorsement of the to employ. same name is attached to this policy. 5. BROADENED LIABILITY COVERAGE FOR 6. CONTRACTUAL LIABILITY—RAILROADS DAMAGE TO "YOUR PRODUCT" AND "YOUR With respect to erations performed within 50 feet of WORK" P P railroad property,the definition of"insured contract"in A. Under SECTION I — COVERAGE A — BODILY SECTION V—DEFINITIONS is replaced by the INJURY AND PROPERTY DAMAGE LIABILITY, following: Paragraph 2. Exclusions is amended to delete "Insured Contract"means: exclusions k. and I. and replace them with the following: a. A contract for a lease of premises. However, that [This insurance does not apply to:J portion of the contract for a lease of premises that indemnifies any person or organization for k. Damage to Your Product damage by fire to premises while rented to you or "Property damage"to"your product"arising temporarily occupied by you with permission of out of it,or any part of it except when caused the owner is not an"insured contract"; by or resulting from: b. A sidetrack agreement; (1) Fire; c. Any easement or license agreement; (2) Smoke; d. An obligation, as required by ordinance, to indemnify a municipality,except in connection with (3) Collapse;or work for a municipality; (4) Explosion. e. An elevator maintenance agreement; I. Damage to Your Work f. That part of any other contract or agreement "Property damage"to"your work"arising out of it, pertaining to your business (including an or any part of it and included in the"products- indemnification of a municipality in connection with completed operations hazard." work performed for a municipality) under which you assume the tort liability of another party to pay This exclusion does not apply: for "bodily injury" or "property damage" to a third (1) If the damaged work or the work out of person or organization. Tort liability means a which the damage arises was performed liability that would be imposed by law in the on your behalf by a subcontractor;or absence of any contract or agreement. (2) If the cause of loss to the damaged work Paragraph f.does not include that part of any arises as a result of: contract or agreement: G-18652-J(Ed.07/12) Page 4 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed.07/12) (1) That indemnifies an architect, engineer or "Electronic data"means information,facts or surveyor for injury or damage arising out of: programs stored as or on, created or used on,or (a) Preparing, approving or failing to prepare transmitted to or from computer software or approve maps, shop drpwis, (including systems and applications software), opinions, reports, surveys, field orders, hard or floppy disks, CD-ROMS,tapes,drives, o oanon orders or drawings and cells,data processing devices or any other media specifications;or which are used with electronically controlled equipment. (b) Giving directions or instructions, or failing D. For the purposes of the coverage provided by this to give them, if that is the primary cause endorsement, the definition of "property damage" of the injury or damage; in SECTION V—DEFINITIONS is replaced by the (2) Under which the insured, if an architect, following: engineer or surveyor, assumes liability for an 17. "Property damage"means: injury or damage arising out of the insured's rendering or failure to render professional a. Physical injury to tangible property, services, including those listed in (1) above including all resulting loss of use of that and supervisory, inspection, architectural or property. All such loss of use shall be engineering activities. deemed to occur at the time of the 7. CONTRACTUAL LIABILITY FOR PERSONAL AND physical injury that caused it; ADVERTISING INJURY b. Loss of use of tangible property that is not Under SECTION 1—COVERAGE B—PERSONAL physically injured. All such loss of use shall be deemed to occur at the time of AND ADVERTISING INJURY LIABILITY, Paragraph 2. "occurrence" is amended to delete exclusion e. the"occurrence"that caused it;or Contractual Liability. c. Loss of, loss of use of, damage to, provision 7.does not apply to any corruption of, inability to access, or This p pp y y person or inability to properly manipulate"electronic organization who otherwise qualifies as an additional data," resulting from physical injury to insured on this Coverage Part. tangible property. All such loss of 8. ELECTRONIC DATA LIABILITY "electronic data" shall be deemed to occur at the time of the "occurrence" that A. Under SECTION I — COVERAGE A — BODILY caused it. INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion p. For the purposes of this insurance,"electronic Electronic Data and replace it with the following: data"is not tangible property. [This insurance does not apply to:] E. If Electronic Data Liability is provided at a higher p. Electronic Data limit by another endorsement attached to this policy, then the $100,000 limit provided by this Damages arising out of the loss of,loss of use of, Provision 8. Electronic Data Liability is part of, s damage to, corruption of, inability to access, or and not in addition to,that higher limit. inability to manipulate "electronic data" that does 9. EXPANDED PERSONAL AND ADVERTISING not result from physical injury to tangible property. INJURY-DISCRIMINATION OR HUMILIATION However, this exclusion does not apply to liability A. SECTION V — DEFINITIONS is amended to add for damages because of"bodily injury." the following to the definition of "Personal and B. The following paragraph is added to SECTION III advertising injury": —LIMITS OF INSURANCE: h. Discrimination or humiliation that results in Subject to 5.above,$100,000 is the most we will injury to the feelings or reputation of a natural pay under Coverage A for all damages arising out person, but only if such discrimination or of any one"occurrence"because of"property humiliation is: damage"that results from physical injury to (1) Not done intentionally by or at the tangible property and arises out of"electronic direction of: data." (a) The insured;or C. The following definition is added to the SECTION V—DEFINITIONS: (b) Any "executive officer," director, stockholder, partner, member or G-18652-J(Ed.07/12) Page 5 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed.07/12) manager (if you are a limited liability "property damage" included in the company)of the insured;and "products-completed operations hazard"; (2) Not directly or indirectly related to the and employment, prospective employment, 2. All medical expenses under Coverage C, past employment or termination of that arise from"occurrences"or accidents employment of any person or persons by any insured. which can be attributed solely to ongoing operations at that construction project. B. Under SECTION I— COVERAGE B—PERSONAL Such payments shall not reduce the AND ADVERTISING INJURY LIABILITY, General Aggregate Limit shown in the Paragraph 2. Exclusions is amended to add the Declarations, nor the Construction Project following additional exclusions: Aggregate Limit of any other construction [This insurance does not apply to:] project. Discrimination Relating To Room, Dwelling B All: or Premises 1. Damages under Coverage B, regardless of Personal or advertising injury"caused by the number of locations or construction discrimination directly or indirectly related to projects involved; the sale, rental,lease or sub-lease or 2. Damages under Coverage A, caused by prospective sale,rental, lease or sub-lease of "occurrences" which cannot be attributed any room,dwelling or premises by or at the solely to ongoing operations at a single direction of any insured. construction project, except damages Fines Or Penalties because of "bodily injury" or "property damage" included in the "products-completed Fines or penalties levied or imposed by a operations hazard";and governmental entity because of 3. Medical expenses under Coverage C caused discrimination. by accidents which cannot be attributed solely This provision 9.does not apply to any person or to ongoing operations at a single construction organization who otherwise qualifies as an project, additional insured on this Coverage Part. will reduce the General Aggregate Limit shown in 10. EXPECTED OR INTENDED INJURY the Declarations. Under SECTION I—COVERAGE A—BODILY C. The limits shown in the Declarations for Each INJURY AND PROPERTY DAMAGE LIABILITY, Occurrence, for Damage To Premises Rented To Paragraph 2. Exclusions is amended to delete You and for Medical Expense continue to apply, exclusion a.Expected or Intended Injury and but will be subject to either the Construction replace it with the following: Project Aggregate Limit or the General Aggregate Limit, depending on whether the "occurrence" can [This insurance does not apply to:) be attributed solely to ongoing operations at a a. Expected or Intended Injury particular construction project. "Bodily injury"or"property damage"expected D. When coverage for liability arising out of the or intended from the standpoint of the insured. "products-completed operations hazard" is This exclusion does not apply to"bodily provided, any payments for damages because of injury or"property damage"resulting from the "bodily injury or "property damage" included in use of reasonable force to protect persons or the "products-completed operations hazard," property. regardless of the number of locations involved will reduce the Products-Completed Operations 11. GENERAL AGGREGATE LIMITS OF Aggregate Limit shown in the Declarations. 7' INSURANCE-PER PROJECT E. If a single construction project away from A. For each construction project away from premises owned by or rented to the insured has premises you own or rent, a separate been abandoned and then restarted, or if the Construction Project General Aggregate Limit, authorized contracting parties deviate from plans, equal to the amount of the General Aggregate blueprints, designs, specifications or timetables, Limit,is the most we will pay for the sum of: the project will still be deemed to be the same 1. All damages under Coverage A, except construction project. damages because of "bodily injury" or G-18652-J(Ed.07/12) Page 6 of 11 Copyright,CNA NI Rights Reserved. G-18652-J (Ed. 07/12) F. The provisions of SECTION III — LIMITS OF C. SECTION V — DEFINITIONS is amended to add INSURANCE not otherwise modified by this the following new definition: endorsement shall continue to apply as stipulated. "Health care incident"means a negligent act,error 12. IN REM ACTIONS or omission by your "employees" or "volunteer Any action in rem against any vessel owned or workers" working on your behalf in the rendering of or failure to render professional health care operated by or for you,or chartered by or for you will services in any of the following capacities, or the be treated in the same manner as though the action related furnishing of food, beverages, medical were in personam against you. supplies or appliances: In rem is a term used to designate actions instituted a. Physician; against the thing,as distinct from actions against the person,which are said to be in personam. b. Nurse; 13. INCIDENTAL HEALTH CARE MALPRACTICE c. Emergency medical technician; COVERAGE d. Paramedic; A. With respect only to "bodily injury"that arises out of a "health care incident," COVERAGE A — e. Chiropractor; BODILY INJURY AND PROPERTY DAMAGE f. Dentist; LIABILITY OF SECTION I — COVERAGES is amended to replace Insuring Agreement g. Athletic trainer; Paragraphs 1.b.(1)and 1.b.(2)with the following: h. Audiologist; b. This insurance applies to"bodily injury"only if i. Physical therapist; you are not in the business of providing professional health care services,and only if: j. Psychologist; (1) The "bodily injury" is caused by an k. Speech therapist; "occurrence" that takes place in the I. Other allied health professional;or "coverage territory." For the purpose of this insurance: m. Provider of first aid or Good Samaritan (a) "Bodily injury" caused by a "health services rendered in an emergency and for care incident" will be considered which no payment is demanded or received. caused by an"occurrence"; and D. SECTION I — COVERAGE A — BODILY INJURY (b) All acts, errors or omissions that are AND PROPERTY DAMAGE, Paragraph 2. logically connected or omissions any common Exclusions is amended to add the following fact, circumstance, situation, additional exclusions.These new exclusions apply ,73 transaction, event, advice or decision only to this Incidental Health Care Malpractice will be considered to constitute a Coverage: single"occurrence"; [This insurance does not apply to:] (2) The "bodily injury" occurs during the Dishonesty or Crime policy period. All "bodily injury" arising from an "occurrence" will be deemed to Any dishonest, criminal or malicious act, error or have occurred at the time of the first act, omission. error, or omission that is part of the Clinical Trials 1 Product Testing "occurrence";and Acts, errors or omissions that occur in the course B. With respect only to the insurance provided by this of human clinical trials or product testing. Provision 13., Exclusion 2.e. Employer's Liability of SECTION I — COVERAGE A — BODILY Medicare/Medicaid Fraud INJURY AND PROPERTY DAMAGE, is amended Medicare or Medicaid fraud or abuse. to append the following: Services Excluded by Endorsement Only for "bodily injury" not covered by other liability insurance (including state-sanctioned self Any "health care incident" for which coverage is insurance) available to the insured (or which excluded by endorsement. would be available but for exhaustion of its limits), E. SECTION V — DEFINITIONS is amended to add this exclusion does not apply to"bodily injury"that the following subparagraph to Paragraph f. of the arises out of a"health care incident." definition of"insured contract": G-18652-J(Ed.07/12) Page 7 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed. 07/12) Paragraph f. does not include that part of any A. The following is added to SECTION II — WHO IS contract or agreement: AN INSURED: (4) Under which you assume another's tort 4. You are an insured when you had an interest liability for "bodily injury" arising out of the in a joint venture, partnership or limited rendering of or failure to render professional liability company which terminated or ended health care services. prior to or during this policy period, but only to F. SECTION II—WHO IS AN INSURED is amended the extent of your interest in such joint to add the following provisions: venture, partnership or limited liability company.This coverage does not apply: 1. Your "employees" are insureds with respect a. Prior to the termination date of any joint to: venture, partnership or limited liability a. "bodily injury"to a co-"employee"while in company; the course of the co-"employee's" b. If there is other valid and collectible employment by you or while performing insurance purchased specifically to insure duties related to the conduct of your the partnership, joint venture or limited business;and liability company; or b. "bodily injury" to a "volunteer worker" c. To a joint venture, partnership or limited while performing duties related to the liability company which is or was insured conduct of your business; under a "consolidated (wrap-up) when such"bodily injury"arises out of a insurance program." "health care incident." [Please see Item 26.C. of this endorsement 2. Your "volunteer workers" are insureds with for the definition of "consolidated (wrap-up) respect to: program."] a. "bodily injury" to a co-"volunteer worker" B. The last paragraph of SECTION II —WHO IS AN while performing duties related to the INSURED is deleted and replaced by the conduct of your business; and following: b. "bodily injury" to an "employee" while in Except as provided under the Contractors' the course of the "employee's" General Liability Extension Endorsement or by the employment by you or while performing attachment of another endorsement (if any), no duties related to the conduct of your person or organization is an insured with respect business; to the conduct of any current or past partnership, joint venture or limited liability company that is not when such "bodily injury" arises out of a shown as a Named Insured in the Declarations. "health care incident." 15. LEGAL LIABILITY/ALIENATED PREMISES! 3. Paragraphs 2.a. (1)(a), (b) and (c) of BORROWED EQUIPMENT SECTION II—WHO IS AN INSURED do not apply to "bodily injury" for which insurance is A. Under SECTION I — COVERAGE A — BODILY provided this Provision 13. INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion j. 4. Paragraph 2.a.(1)(d)of SECTION 11—WHO IS Damage to Property in its entirety and replace it AN INSURED is deleted. with the following: G. With respect to the insurance provided by this [This insurance does not apply to:] Provision 13.,the following is added to Paragraph 4.b.(1) of SECTION IV — COMMERCIAL j. Damage to Property GENERAL LIABILITY CONDITIONS: "Property damage"to: To the extent this insurance applies, it is excess (1) Property you own, rent,or occupy; over any of the other insurance (including qualified self insurance), whether primary, excess, (2) Premises you sell,give away or abandon, contingent or on any other basis, except for if the"property damage"arises out of any insurance purchased specifically by you to be part of those premises; excess of this policy. (3) Property loaned to you; 14. JOINT VENTURES I PARTNERSHIP l LIMITED LIABILITY COMPANIES (4) Personal property in the care, custody or control of the insured; G-18652-J(Ed.07/12) Page 8 of 11 Copyright,CNA All Rights Reserved. • • G-18652-J (Ed.07/12) (5) That particular part of real property on others that occurs while the equipment is being which you or any contractors or used to perform operations. subcontractors working directly or D. Paragraph 6. Damage To Premises Rented To indirectly on your behalf are performing operations, if the "property damage" You Limit of SECTION III — LIMITS OF arises out of those operations; or INSURANCE is replaced by the following: (6) That particular part of any property that 6. Subject to Paragraph 5. above, (the Each must be restored, repaired or replaced Occurrence Limit), the Damage To Premises because "your work" was incorrectly Rented To You Limit is the most we will pay performed on it. under SECTION — I — COVERAGE A for damages because of "property damage" to Paragraph(2)of this exclusion does not apply any one premises while rented to you or if the premises are"your work." temporarily occupied by you with the Paragraphs (3) and (4) of this exclusion do permission of the owner, including contents of not apply to "property damage" to tools or such premises rented to you for a period of 7 equipment loaned to you. A separate limit of or fewer consecutive days. The Damage To insurance applies to such tools or equipment Premises Rented To You Limit is the greater that are damaged while being used in your of: operations. a. $500,000;or Paragraphs (1), (3) and (4) of this exclusion b. The Damage To Premises Rented To do not apply to "property damage" (other than You Limit shown in the Declarations. damage by fire)to premises rented to you or E. Paragraph 4.b.(1)(a)(ii) of SECTION IV — temporarily occupied by you with the COMMERCIAL GENERAL LIABILITY permission of the owner, or to the contents of CONDITIONS is deleted and replaced by the premises rented to you for a period of 7 or following: p y fewer consecutive days. A separate limit of insurance applies to Damage To Premises (ii) That is property insurance for premises rented Rented To You as described in SECTION III— to you, for premises temporarily occupied by LIMITS OF INSURANCE. you with the permission of the owner; or for Paragraphs (3), (4), (5) and (6) of this personal property of others in your care, exclusion do not apply to liability assumed custody or control; under a sidetrack agreement. F. This Provision 15. does not apply if Damage To Paragraph(6)of this exclusion does not apply Premises Rented To You Liability under SECTION to "property damage" included in the —I—COVERAGE A is excluded by endorsement. "products-completed operations hazard." 16. LIBERALIZATION CLAUSE B. Under SECTION I — COVERAGE A — BODILY If we adopt a change in our forms or rules which would INJURY AND PROPERTY DAMAGE the last broaden coverage for contractors under this paragraph of Paragraph 2. Exclusions is deleted endorsement without an additional premium charge, and replaced by the following. your policy will automatically provide the additional Exclusions c. through n. do not apply to damage coverage as of the date the revision is effective in your by fire to premises while rented to you or state. temporarily occupied by you with permission of 17. LIQUOR LIABILITY the owner nor to the contents of premises rented Under SECTION I—COVERAGE A—BODILY to you for a period of 7 or fewer consecutive days. INJURY AND PROPERTY DAMAGE, Paragraph 2. A separate limit of insurance applies to this Exclusions is amended to delete exclusion c.Liquor •_— coverage as described in SECTION III — LIMITS Liability. OF INSURANCE. This provision 17.does not apply to any person or C. The following paragraph is added to SECTION III organization who otherwise qualifies as an additional —LIMITS OF INSURANCE: insured on this Coverage Part. Subject to 5. above, $25,000 is the most we will 18. MEDICAL PAYMENTS pay under Coverage A for damages arising out of any one "occurrence" because of "property A. Paragraph 7. Medical Expense Limit, of SECTION damage" to tools or equipment loaned to you by III — LIMITS OF INSURANCE is deleted and replaced by the following: G-18652-J(Ed.07/12) Page 9 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed.07/12) 7. Subject to Paragraph 5. above (the Each following is added to Paragraph 4.of SECTION IV— Occurrence Limit), the Medical Expense Limit COMMERCIAL GENERAL LIABILITY CONDITIONS: is the most we will pay under SECTION—I— If you have agreed in writing in a contract or COVERAGE C for all medical expenses because of "bodily injury" sustained by any agreement that this insurance is primary and non- one person.The Medical Expense Limit is the contributory relative to an additional insured's own greater of: insurance,then this insurance is primary and we will not seek contribution from that other insurance. For (1) $15,000;or the purpose of this Provision 21.,the additional insured's own insurance means insurance on which (2) The amount shown in the Declarations for the additional insured is a Named Insured. Medical Expense Limit. B. Paragraph 1.a.(3)(b)of SECTION I—COVERAGE This Provision 21.does not apply in situations where C MEDICAL PAYMENTS, is replaced by COVERAGE the endorsement on this policy affording coverage to the following: the additional insured specifies that this insurance is excess over any other insurance available to that (b) The expenses are incurred and reported to us additional insured. within three years of the date of the accident; 22. PROPERTY DAMAGE—ELEVATORS and This paragraph B. does not apply to medical A. Under SECTION I — COVERAGE A — BODILY This paragraph g incurred.n the state of apply INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended such that exclusion k. 19. NON-OWNED AIRCRAFT Damage to Your Product, and subparagraph (3), Under SECTION I—COVERAGE A—BODILY (4)and (6)of exclusion j.Damage to Property do not apply "property damage" that results from the INJURY AND PROPERTY DAMAGE LIABILITY. use of elevators. Paragraph 2.Exclusions is amended such that exclusion g.Aircraft,Auto or Watercraft does not B. With respect only to the coverage provided by this apply to an aircraft you do not own,provided that: endorsement, Condition 4. Other Insurance in SECTION IV — COMMERCIAL GENERAL 1. The pilot in command holds a currently effective LIABILITY CONDITIONS is amended to add the certificate issued by the duly constituted authority following subparagraph b.(1)(a)(v): of the United States of America or Canada, designating that person as a commercial or airline 4. Other Insurance transport pilot; b. Excess Insurance 2. The aircraft is rented to you with a trained, paid (1) This insurance is excess over: crew; and (a) Any of the other insurance, 3. The aircraft does not transport persons or cargo whether primary, excess, for a charge. contingent or on any other basis: 20. NON-OWNED WATERCRAFT (v) Thai is Property insurance Under SECTION I—COVERAGE A—BODILY covering property of others INJURY AND PROPERTY DAMAGE LIABILITY, damaged from the use of Paragraph 2.Exclusions is amended to delete elevators. subparagraph(2)of exclusion g.Aircraft,Auto or 23. SUPPLEMENTARY PAYMENTS Watercraft and replace it with the following. A. Under Section I — Supplementary Payments — [This exclusion does not apply to:] Coverages A and B, Paragraph 1.b., the limit of (2) A watercraft you do not own that is: $250 shown for the cost of bail bonds is replaced (a) Less than 75 feet long;and by$5,000: B. In Paragraph 1.d.,the limit of$250 shown for daily (b) Not being used to carry persons or property loss of earnings is replaced by$1,000. for a charge. 21. PRIMARY AND NON-CONTRIBUTORY TO OTHER 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS INSURANCE If unintentionally you should fail to disclose all existing With respect to any person or organization that is an hazards at the inception date of your policy,we will not additional insured under this Coverage Part,the deny coverage under this Coverage Part because of such failure. G-18652-J(Ed.07/12) Page 10 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed.07/12) 25. WAIVER OF SUBGROGATION-BLANKET or during such operations of anyone acting on Under SECTION IV—COMMERCIAL GENERAL your behalf; nor LIABILITY CONDITIONS,The Transfer Of Rights Of 2. "Bodily injury" or "property damage" included Recovery Against Others To Us Condition is amended within the "products-completed operations by the addition of the following: hazard"that arises out of those portions of the We waive any right of recovery we may have against project that are not"residential structures." any person or organization because of payments we B. SECTION IV — COMMERCIAL GENERAL make for injury or damage arising out of: LIABILITY CONDITIONS is amended to add the 1. Your ongoing operations;or following subparagraph 4.b.(1)(c) to Condition 4. Other Insurance: 2. "Your work" included in the "products completed [This insurance is excess over:) operations hazard." However, this waiver applies only when you have (c) Any of the other insurance whether primary, agreed in writing to waive such rights of recovery in a insurance contingent available to or any as basis of that r insurance available to you as a result of your contract or agreement, and only if the contract or being a participant in a "consolidated (wrap- agreement: up) insurance program," but only as respects 1. Is in effect or becomes effective during the term of your involvement in that "consolidated (wrap- this policy;and up)insurance program." 2. Was executed prior to loss. C. SECTION V — DEFINITIONS is amended to add the following definition: 26. WRAP-UP EXTENSION: OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR "Consolidated(wrap-up)insurance program" CONTROLLED INSURANCE PROGRAM OR means a construction,erection or demolition CONSOLIDATED (WRAP-UP) INSURANCE project for which the prime contractor/project PROGRAMS manager or owner of the construction project has secured general liability insurance covering some Note:The following provision does not apply to any or all of the contractors or subcontractors involved public construction project in the state of Oklahoma, in the project,such as an Owner Controlled nor to any construction project in the state of Alaska, Insurance Program(O.C.I.P.)or Contractor that is not permitted to be insured under a Controlled Insurance Program (C.C.I.P.). "consolidated (wrap-up)insurance program"by applicable state statute or regulation: "Residential structure"means any structure where 30%or more of the square foot area is used or is If the endorsement EXCLUSION—CONSTRUCTION intended to be used for human residency including WRAP-UP or another exclusionary endorsement but not limited to single or multifamily housing, pertaining to Owner Controlled Insurance Programs apartments,condominiums,townhouses,co- v (O.C.I.P.)or Contractor Controlled Insurance operatives or planned unit developments and also Programs(C.C.I.P.)is attached to this policy,then the includes their common areas and/or appurtenant following changes apply: structures includin (' g pools, hot tubs,detached A. The following wording is added to the garages,guest houses or any similar structures). endorsement: When there is no individual ownership of units, residential structure does not include military With respect to a"consolidated (wrap-up) housing,college/university housing or dormitories, insurance program"project in which you are or long term care facilities,hotels,or motels. were involved,this exclusion does not apply to Residential structure also does not include those sums you become legally obligated to pay hospitals or prisons. as damages because of: This provision 26.does not apply to any person or IMMO 1. "Bodily injury," "property damage," or organization who otherwise qualifies as an "personal or advertising injury" that occurs additional insured on this Coverage Part. during your ongoing operations at the project, All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc G-18652-J(Ed.07/12) Page 11 of 11 Copyright,CNA All Rights Reserved. CNA BusAness Auto Renewal Declaration POLICY NUMBER COVERAGE PROVIDED BY FROM - POLICY PERIOD - TO U 4034414189 CONTINENTAL CASUALTY COMPANY 11/01/2013 11/01/2014 333 S. WABASH CHICAGO, IL. 60604 INSURED NAME AND ADDRESS OSCAR RENDA CONTRACTING, INC. 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 REFER TO NAMED INSURED SCHEDULE AGENCY NUMBER AGENCY NAME AND ADDRESS 041147 FRANK SIDDONS INS AGCY FT WORTH INC 2900 MARQUITA DRIVE FORT WORTH, TX 76116 Phone Number: (817)737-4943 BRANCH NUMBER BRANCH NAME AND ADDRESS 040 DALLAS BRANCH 700 N. PEARL ST., STE. 300 DALLAS, TX 75201 Phone Number: (214)220-1300 This policy becomes effective and expires at 12:01 A.M. standard time at your mailing address on the dates shown above. The Named Insured is a Corporation. Your policy is composed of this Declarations, with the attached Common Policy Conditions, Coverage Forms, and Endorsements, if any. The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance. The Estimated Policy Premium is California Auto Fraud Assessment Surcharge Automobile Theft Prevention Authority Fee (See enclosed explanation) Texas Firefighter's Fund Assessment Total Policy Charges This policy may be subject to Final Audit Audit Period is Annual INSURED Page 1 of 13 POLICY NUMBER INSURED NAME AND ADDRESS U 4034414189 OSCAR RENDA CONTRACTING, INC. 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 ITEM TWO Schedule Of Coverages and Covered Autos This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the Covered Auto Section of the Business Auto Coverage Form next to the name of the Coverage. COVERED COVERAGES AUTO SYMBOL LIMIT PREMIUM Liability 1 $1,000,000 Personal Injury 2 Separately Stated In Each Protection (Or Personal Injury Protection Equivalent No-Fault Endorsement. Coverage) Added Personal Injury Separately Stated in Each Protection (Or Added Personal Injury Equivalent Added No-Fault Protection Endorsement. Coverage) Property Protection Separately Stated In The Insurance Property Protection (Michigan Only) Insurance Endorsement. Auto Medical Payments 7 $2,000 Medical Expense and Separately Stated in The Income Loss Benefits Medical Expense and Income (Virginia Only) Benefits Endorsement. Uninsured Motorists 2 See Endorsement Underinsured Motorists (When Not Included In Uninsured Motorist Coverage) IMMIN INSURED Page 3 of 13 POLICY NUMBER INSURED NAME AND ADDRESS U 4034414189 OSCAR RENDA CONTRACTING, INC. 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 ITEM FOUR: SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS (Cont'd) PHYSICAL DAMAGE COVERAGE - COST OF HIRE RATING BASIS FOR ALL AUTOS (OTHER THAN MOBILE OR FARM EQUIPMENT) COVERAGES LIMIT OF INSURANCE Actual Cash Value or Cost of Repair, Whichever is Less, Comprehensive Minus Deductible Shown Below for Each Covered Auto, But No Deductible Applies to Loss Caused By Fire or Lightning. ESTIMATED ANNUAL STATES DEDUCTIBLE COST OF HIRE PREMIUM MD CA GA NC NV $100 IF ANY TX Actual Cash Value or Cost of Repair, Whichever is Less, Specified Minus Deductible Shown Below for Each Covered Auto For Cause of Loss Loss Caused By Mischief or Vandalism. ESTIMATED ANNUAL STATES DEDUCTIBLE COST OF HIRE PREMIUM Actual Cash Value or Cost of Repair, Whichever is Less, Collision Minus Deductible Shown Below for Each Covered Auto. ESTIMATED ANNUAL STATES DEDUCTIBLE COST OF HIRE PREMIUM MD CA GA NC NV $1,000 IF ANY Included TX TOTAL PREMIUM: For Physical Damage coverages, cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members) . Cost of hire does not include charges for any "auto" that is leased, hired, rented or borrowed with a driver. INSURED Page 6 of 13 POLICY NUMBER INSURED NAME AND ADDRESS U 4034414189 OSCAR RENDA CONTRACTING, INC. 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 ITEM FIVE: SCHEDULE FOR NON-OWNERSHIP LIABILITY NAMED RATING INSURED'S BUSINESS BASIS NUMBER PREMIUM Other Than Garage Number of Employees Service Operations And Other Than Number of Partners Social Service Agencies (Active and Inactive) Garage Service Number of Employees Whose Operations Principal Duty Involves The Operations of Autos Number of Partners (Active and Inactive) Social Service Agencies Number of Employees Number Volunteers Who Regularly Use Autos To Transport Clients Number of Partners (Active and Inactive) Total Premiums: EEE EEE INSURED Page 7 of 13 POLICY NUMBER INSURED NAME AND ADDRESS U 4034414189 OSCAR RENDA CONTRACTING, INC. 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 COMMERCIAL AUTOMOBILE LOSS PAYEE SCHEDULE "Any Loss Payee that has a financial interest in a covered "auto" for which we are providing physical damage coverage for that covered "auto" under this policy." INSURED Page 9 of 13 POLICY NUMBER INSURED NAME AND ADDRESS U 4034414189 OSCAR RENDA CONTRACTING, INC. 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 ADDITIONAL INSURED - LESSOR SCHEDULE "Any Lessor of a covered "auto" for which we are providing any coverage for that covered "auto" under this policy." INSURED Page 10 of 13 _ , POLICY NUMBER INSURED NAME AND ADDRESS U 4034414189 OSCAR RENDA CONTRACTING, INC. 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 NAMED INSURED SCHEDULE INCLUDES THE FOLLOWING ENTITIES RENDA PACIFIC, LLC OSCAR RENDA CONTRACTING /SJ LOUIS JOINT VENTURE (ORC/SJLJV) K W PIPELINE DBA RENDA PACIFIC OR ASSET HOLDINGS, LP RENDA MARINE, INC. RENDA/SOUTHLAND/SAK-JOINT VENTURE RENTERRA LLC OR ASSET HOLDINGS MANAGEMENT, LLC BENSON LANE PARTNERS, LTD SL/RENDA PROPERTY, LLC RENDA ENVIRONMENTAL, INC. EEE EEE EEE INSURED Page 11 of 13 POLICY NUMBER INSURED NAME AND ADDRESS U 4034414189 OSCAR RENDA CONTRACTING, INC. 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 FORMS AND ENDORSEMENTS SCHEDULE FORM NUMBER FORM TITLE G56015B 11/1991 SYMBOLS G56015B 11/1991 VEHICLE TYPE GROSS G56015B 11/1991 LOSS PAYEE G56015B 11/1991 RATE G56015B 11/1991 DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUT G56015B 11/1991 CA2048 CA0001 03/2010 Business Auto Coverage Form CA0109 10/2004 Georgia Changes CA0126 07/2010 North Carolina Changes CA0136 03/2010 Nevada Changes CA0143 05/2007 California Changes CA0170 03/2010 Maryland Changes CA0196 03/2010 Texas Changes CA0243 03/2001 Texas Changes - Cancellation and Nonrenewal CA0424 04/2006 California Auto Medical Payments Coverage CA2001 '. 03/2006 Additional Insured - Lessor CA2054 10/2001 Employee Hired Autos CA2109 03/2012 TX. Uninsured/Underinsured Motorists Insurance CA2127 06/2008 Nevada Uninsured Motorists Coverage CA2154 09/2009 California Uninsured Motorists - Bodily Injury CA2264 07/2008 TX. Personal Injury Protection Endorsement CA9903 03/2006 Auto Medical Payments Coverage CA9944 12/1993 Loss Payable Clause CA9995 12/2001 Texas Supplementary Death Benefit G132250A42 07/1998 Automobile Policyholders notice -TX G140378B 05/2008 Broadened Pollution Liability Coverage G144291A 03/2003 Economic And Trade Sanctions Condition G22454A 10/1994 Broadened Pollution Liability Schedule G300660A . 06/2008 Notice of Cancellation or Material Change Endt G89001E 05/2007 Composite Rate Endorsement IL0003 09/2007 Calculation of Premium IL0017 11/1998 Common Policy Conditions IL0021 04/1998 Nuclear Energy Liab Exclusion Endt (Broad Form) MCS90 04/2000 Endorsement Form - Motor Carrier Policies CCA23500D (C 10/2011 Extcndcd Covcragc Endor3cmcnt BA PLUG Ito ' J J.su4 Sp% a_ilLAt ray C4 633s9�� 0+1 ,2- *** PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY *** FORM NUMBER FORM TITLE G142630A 05/2002 Imp. Info.- For Our Commercial Auto Policyholders G145041A 05/2003 IMP INF Economic And Trade Sanctions Condition G147238B 10/2011 Auto Prevention Policy Holder Notice G300643A 07/2008 TEXAS COMMERCIAL LINES POLICYHOLDERS G300699A 09/2008 CA Automobile Fraud Assessment Policyholder notice G300766A 04/2009 Important Information G53752D42I Important Information for Texas Policyholders INSURED Page 12 of 13 CNA CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE name, with your permission, while performing duties related to the conduct of your business. A. Who Is An Insured "Policy," as used in this provision A. Who Is An The following is added to Section II, Paragraph Insured, includes those policies that were in force A.1.,Who Is An Insured: on the inception date of this Coverage Form but: 1. a. Any incorporated entity of which the 1. Which are no longer in force; or Named Insured owns a majority of the 2, Whose limits have been exhausted. voting stock on the date of inception of this Coverage Form; provided that, B. Bail Bonds and Loss of Earnings b. The insurance afforded by this provision Section II, Paragraphs A.2. (2) and A.2. (4) are A.1. does not apply to any such entity revised as follows: that is an °insured" under any other liability"policy'providing"auto"coverage. 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to$5,000;and 2. Any organization you newly acquire or form, other than a limited liability company, 2. In a.(4), the limit for the loss of earnings is partnership or joint venture, and over which changed from $250 to$500 a day. you maintain majority ownership interest. C. Fellow Employee 0 The insurance afforded by this provision A.2.: Section II,Paragraph B.5 does not apply. 0 a. Is effective on the acquisition or formation Such coverage as is afforded by this provision C. date, and is afforded only until the end of is excess over any other collectible insurance. the policy period of this Coverage Form, or the next anniversary of its inception U. PHYSICAL DAMAGE COVERAGE RI date,whichever is earlier. A. Glass Breakage - Hitting A Bird Or Animal - i b. Does not apply to: Falling Objects Or Missiles 1 (1) "Bodily injury" or 'property damage° The following is added to Section III, Paragraph caused by an °accident" that A.3.: occurred before you acquired or With respect to any covered'auto,"any deductible formed the organization;or shown In the Declarations will not apply to glass (2) Any such organization that is an breakage if such glass is repaired, in a manner "insured" under any other liability acceptable to us,rather than replaced. 'policy'providing"auto'coverage. B. Transportation Expenses 3. Any person or organization that you are Section III, Paragraph A.4.a. is revised, with required by a written contract to name as an respect to transportation expense incurred by you, additional insured is an "insured" but only with to provide: respect to their legal liability for acts or omissions of a person, who qualifies as an a. $60 per day, in lieu of$20;subject to °insured" under Section II – Who Is An b. $1,600 maximum, in lieu of$600. Insured and for whom Liability Coverage is afforded under this policy. If required by C. Loss of Use Expenses written contract, this insurance will be primary and non-contributory to insurance on which Section III, Paragraph A.4.b. is revised, with — the additional insured is a Named Insured. respect to loss of use expenses incurred by you, to provide: 4. An "employee' of yours is an "insured' while operating an "auto" hired or rented under a a. $1,000 maximum, in lieu of$600. contract or agreement in that "employee's" CNA63359XX Copyright,CNA Corporation,2000. Page 1 of 3 (Ed.04/12) includes copyrighted material of the Insurance Services Office used with Its permission. . CNA63359XX (Ed. 04/12) D. Hired"Autos" d. A $100 per occurrence deductible applies to The following is added to Section III. Paragraph the coverage provided by this provision. A.: G. Diminution In Value 5. Hired"Autos" The following is added to Section HI, Paragraph If Physical Damage coverage is provided under B.6.: this policy, and such coverage does not extend to Subject to the following, the "diminution in value" Hired Autos, then Physical Damage coverage is exclusion does not apply to: extended to: a. Any covered "auto" of the private a. Any covered "auto" you lease, hire, rent passenger type you lease, hire, rent or or borrow without a driver;and borrow,without a driver for a period of 30 b. Any covered "auto' hired or rented by days or less, while performing duties Y related to the conduct of your business; your"employee°without a driver, under a and contract in that individual "employee's" name, with your permission, while b. Any covered 'auto" of the private performing duties related to the conduct passenger type hired or rented by your of your business. "employee"without a driver for a period of 30 days or less, under a contract in that c. The most we will pay for any one "accident" or 'loss" is the actual cash individual "employee's" name, with your permission, while performing duties value, cost of repair, cost of replacement related to the conduct of your business. or $75,000, whichever is less, minus a $500 deductible for each covered auto. c. Such coverage as is provided by this No deductible applies to "loss" caused by provision is limited to a °diminution in fire or lightning. value" loss arising directly out of accidental damage and not as a result of d. The physical damage coverage as is the failure to make repairs; faulty or provided by this provision is equal to the incomplete maintenance or repairs; or the physical damage coverage(s) provided on installation of substandard parts. your owned"autos.° e. Such physical damage coverage for hired d. The most to in any y one for "loss' to a covered °auto° in any one accident is the "autos"will: lesser of: (1) Include loss of use, provided it is the (1) $5,000; or consequence of an "accident" for which the Named Insured is legally (2) 20%of the "auto's" actual cash value liable, and as a result of which a (ACV). monetary loss is sustained by the Ili. Drive Other Car Coverage—Executive Officers leasing or rental concern. (2) Such coverage as is provided by this The following is added to Sections Il and III: provision will be subject to a limit of 1. Any "auto" you don't own, hire or borrow is a $750 per"accident.' covered "auto" for Liability Coverage while being E. Airbag Coverage used by, and for Physical Damage Coverage while in the care,custody or control of, any of your The following is added to Section III, Paragraph "executive officers,"except: B.3.: a. An °auto" owned by that"executive officer" or The accidental discharge of an airbag shall not be a member of that person's household; or considered mechanical breakdown. b. An "auto" used by that "executive officer" F. Electronic Equipment while working in a business of selling, Section Ill, Paragraphs B.4.c and B.4.d. are servicing, repairing or parking"autos." deleted and replaced by the following: Such Liability and/or Physical Damage Coverage c. Physical Damage Coverage on a covered as is afforded by this provision. 'auto' also applies to 'loss" to any (1) Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered'auto";and including its antennas and other accessories. CNA63359XX Copyright,CNA Corporation,2000. Page 2 of 3 (Ed.04/12) Includes copyrighted material of the Insurance Services Office used with Its permission. CNA63359XX (Ed.04/12) (2) Excess over any other collectible damage, against any person or organization for insurance. whom or which you are required by written 2. For purposes of this provision, 'executive officer" contract or agreement to obtain this waiver from means a person holding any of the officer us. positions created by your charter, constitution, by- This injury or damage must arise out of your laws or any other similar governing document, activities under a contract with that person or and, while a resident of the same household, organization. includes that person's spouse. You must agree to that requirement prior to an Such "executive officers' are "insureds" while "accident"or"loss." using a covered"auto"described in this provision. C. Concealment,Misrepresentation or Fraud IV. BUSINESS AUTO CONDITIONS The following is added to Section IV, Paragraph A. Duties In The Event Of Accident,Claim,Suit Or B.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section IV, Paragraph of inception of this Coverage Form shall not prejudice A.2.a.: you with respect to the coverage afforded provided (4) Your "employees" may know of an such failure or omission is not intentional. "accident" or "loss.' This will not mean D. Other Insurance that you have such knowledge, unless The following is added to Section IV, Paragraph such °accident" or "loss" is known to you B.5.: or if you are not an individual, to any of your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a. insurance manager. and 5.d. above, the coverage provided by this The following is added to Section IV, Paragraph policy shall be on a primary non-contributory A.2.b.: basis. This provision is applicable only when required by a written contract. That written (6) Your "employees" may know of contract must have been entered into prior to 0 documents received concerning a claim "Accident'or"Loss." 8 or"suit.'This will not mean that you have such knowledge, unless receipt of such E. Policy Period,Coverage Territory documents is known to you or if you are Section IV, Paragraph B. 7.(5).(a). is revised to not an individual,to any of your executive provide: officers or partners or your insurance manager. a. 45 days of coverage in lieu of 30 days. B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS To Us Section V. Paragraph C. is deleted and replaced by the following: The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against "Bodily injury'means bodily injury,sickness or disease Others To Us: sustained by a person, including mental anguish, We waive any right of recovery we may have, mental injury or death resulting from any of these. because of payments we make for injury or i CNA63359XX Copyright,CNA Corporation,2000. Page 3 of 3 (Ed.04/12) Includes copyrighted material of the Insurance Services 011ice used with Its permission. CNA CNA (Ed.06/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION OR MATERIAL CHANGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective Policy Number Named Insured Countersigned by (Authorized Representative) In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1.Number of days advance notice: '` 030 2.Name: PER SCHEDULE ON FILE 0 3.Address: PER SCHEDULE ON FILE i ■ G-300660-A Page 1 of 1 (Ed.06/08) • POLICY NUMBER INSURED NAME AND ADDRESS U 4034414189 OSCAR RENDA CONTRACTING, INC. 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 POLICY CHANGES LOSS PAYEE This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. LOSS PAYEE " LOSS PAYEE IS ON BLANKET " Chairman of The Board Secretary G-56015-B (ED. 11/91) COMMERCIAL AUTO CA 00 01 03 10 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read SECTION I—COVERED AUTOS the entire policy carefully to determine rights, duties and Item Two of the Declarations shows the "autos" that are what is and is not covered. covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" refer following numerical symbols describe the "autos" that to the Named Insured shown in the Declarations. The may be covered "autos." The symbols entered next to a words "we," "us" and "our" refer to the company coverage on the Declarations designate the only"autos" providing this insurance. that are covered"autos." Other words and phrases that appear in quotation marks A. Description Of Covered Auto Designation have special meaning. Refer to Section V—Definitions. Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any"Auto" 2 Owned"Autos" Only those"autos"you own (and for Liability Coverage any"trailers'you don't own Only while attached to power units you own).This includes those"autos"you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger"autos"you own.This includes those private Passenger passenger"autos"you acquire ownership of after the policy begins. "Autos"Only 4 Owned Only those"autos"you own that are not of the private passenger type(and for "Autos"Other Liability Coverage any"trailers"you don't own while attached to power units you own). Than Private This includes those"autos"not of the private passenger type you acquire ownership of Passenger after the policy begins. "Autos"Only 5 Owned"Autos" Only those"autos"you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged.This includes those"autos"you acquire No-fault ownership of after the policy begins provided they are required to have no-fault benefits in the state where they are licensed or principally garaged. 6 Owned"Autos" Only those"autos"you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage.This includes those"autos"you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists s Motorists Law requirement. 7 Specifically Only those"autos"described in Item Three of the Declarations for which a Described premium charge is shown(and for Liability Coverage any"trailers"you don't own while "Autos" attached to any power unit described in Item Three). 8 Hired"Autos" Only those"autos"you lease, hire,rent or borrow.This does not include any"auto"you Only lease,hire,rent or borrow from any of your"employees,"partners(if you are a partnership),members(if you are a limited liability company)or members of their households. 9 Non-owned Only those"autos"you do not own,lease, hire,rent or borrow that are used in "Autos"Only connection with your business.This includes"autos"owned by your"employees," partners(if you are a partnership),members Of you are a limited liability company)or members of their households but only while used in your business or your personal affairs. CA 00 01 03 10 Copyright Insurance Services Office,Inc.,2009 Page 1 of 12 19 Mobile Only those"autos"that are land vehicles and that would qualify under the definition of Equipment "mobile equipment"under this policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy SECTION II—LIABILITY COVERAGE Begins A. Coverage 1. If Symbols 1, 2, 3,4, 5, 6 or 19 are entered next We will pay all sums an "insured"legally must pay as to a coverage in Item Two of the Declarations, damages because of "bodily injury" or "property then you have coverage for "autos" that you damage" to which this insurance applies, caused by acquire of the type described for the remainder of an "accident" and resulting from the ownership, the policy period. maintenance or use of a covered"auto." 2. But, if Symbol 7 is entered next to a coverage in We will also pay all sums an "insured" legally must Item Two of the Declarations, an "auto" you pay as a"covered pollution cost or expense"to which acquire will be a covered"auto"for that coverage this insurance applies, caused by an "accident" and only if: resulting from the ownership, maintenance or use of a. We already cover all "autos" that you own for covered "autos." However, we will only pay for the that coverage or it replaces an "auto" you "covered pollution cost or expense" if there is either previously owned that had that coverage;and "bodily injury" or "property damage" to which this b. You tell us within 30 days after you acquire it insurance applies that is caused by the same that you want us to cover it for that coverage. "accident." C. Certain Trailers,Mobile Equipment And We have the right and duty to defend any"insured" against a "suit" asking for such damages or a Temporary Substitute Autos "covered pollution cost or expense." However, we If Liability Coverage is provided by this coverage have no duty to defend any"insured" against a"suit" form,the following types of vehicles are also covered seeking damages for "bodily injury" or "property "autos"for Liability Coverage: damage" or a "covered pollution cost or expense" to 1. "Trailers"with a load capacity of 2,000 pounds or which this insurance does not apply. We may less designed primarily for travel on public roads. investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle 2. "Mobile equipment" while being carried or towed ends when the Liability Coverage Limit of Insurance by a covered"auto." has been exhausted by payment of judgments or 3. Any "auto" you do not own while used with the settlements. permission of Its owner as a temporary substitute 1. Who Is An Insured for a covered"auto"you own that is out of service because of its: The following are"insureds": a. Breakdown; a. You for any covered"auto." b. Repair; b. Anyone else while using with your permission c. Servicing; a covered "auto" you own, hire or borrow except: d. "Loss";or (1) The owner or anyone else from whom you e. Destruction. hire or borrow a covered"auto." This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto"you own. Page 2 of 12 Copyright Insurance Services Office, Inc.,2009 CA 00 01 03 10 B. General Conditions d. When this coverage form and any other 1. Bankruptcy coverage form or policy covers on the same basis, either excess or primary, we will pay Bankruptcy or insolvency of the "insured" or the only our share. Our share is the proportion "insured's" estate will not relieve us of any that the Limit of Insurance of our coverage obligations under this coverage form. form bears to the total of the limits of all the 2. Concealment,Misrepresentation Or Fraud coverage forms and policies covering on the This coverage form is void in any case of fraud by same basis. you at any time as it relates to this coverage form. 6. Premium Audit It is also void if you or any other"insured,"at any a. The estimated premium for this coverage form time, intentionally conceal or misrepresent a is based on the exposures you told us you material fact concerning: would have when this policy began. We will a. This coverage form; compute the final premium due when we b. The covered"auto"; determine your actual exposures. The estimated total premium will be credited c. Your interest in the covered"auto";or against the final premium due and the first d. A claim under this coverage form. Named Insured will be billed for the balance, if 3. Liberalization any. The due date for the final premium or retrospective premium is the date shown as If we revise this coverage form to provide more the due date on the bill. If the estimated total coverage without additional premium charge, premium exceeds the final premium due, the your policy will automatically provide the first Named Insured will get a refund. additional coverage as of the day the revision is b. If this policy is issued for more than one year, effective in your state. the premium for this coverage form will be 4. No Benefit To Bailee—Physical Damage computed annually based on our rates or Coverages premiums in effect at the beginning of each We will not recognize any assignment or grant year of the policy. any coverage for the benefit of any person or 7. Policy Period,Coverage Territory organization holding, storing or transporting Under this coverage form, we cover "accidents" property for a fee regardless of any other and"losses"occurring: provision of this coverage form. 5. Other Insurance a. During the policy period shown in the Declarations;and a. For any covered "auto" you own, this b. Within the coverage territory. coverage form provides primary insurance. For any covered "auto" you don't own, the The coverage territory is: insurance provided by this coverage form is (1) The United States of America; pexcess over any other collectible insurance. (2) The territories and possessions of the United s However, while a covered "auto" which is a States of America; "trailer" is connected to another vehicle, the s Liability Coverage this coverage form (3) Puerto Rico; a provides for the"trailer"is: (4) Canada;and (1) Excess while it is connected to a motor (5) Anywhere in the world if: vehicle you do not own. (a) A covered "auto" of the private passenger (2) Primary while it is connected to a covered type is leased, hired, rented or borrowed "auto" wit own.ou without hout a driver for a period of 30 days or — b. For Hired Auto Physical Damage Coverage, less;and — any covered "auto" you lease, hire, rent or (b) The "insured's" responsibility to pay borrow is deemed to be a covered "auto" you damages is determined in a "suit" on the - own. However, any "auto" that is leased, merits, in the United States of America, hired,rented or borrowed with a driver is not a the territories and possessions of the covered"auto." United States of America, Puerto Rico or c. Regardless of the provisions of Paragraph a. Canada or in a settlement we agree to. above,this coverage form's Liability Coverage is primary for any liability assumed under an — "insured contract." CA 00 01 03 10 Copyright Insurance Services Office, Inc.,2009 Page 9 of 12 POLICY NUMBER: COMMERCIAL AUTO CA 20 01 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR -- ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: Countersignature Of Authorized Representative Name: Title: Signature: Date: SCHEDULE Insurance Company: CONTINENTAL CASUALTY COMPANY Policy Number: U 4039914189 I Effective Date:11/01/2013 Expiration Date: 11/01/2019 Named Insured: OSCAR RENDA CONTRACTING, INC. Address: 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 Additional Insured(Lessor): BLANKET ° Address: 0 s v Designation Or Description Of"Leased Autos": Coverages Limit Of Insurance Liability $ Each"Accident" Comprehensive Actual Cash Value Or Cost Of Repair Whichever Is Less,Minus Deductible For Each Covered"Leased Auto" Collision Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus $ Deductible For Each Covered"Leased Auto" Specified Actual Cash Value Or Cost Of Repair Whichever Is Less,Minus Causes Of Loss $ Deductible For Each Covered"Leased Auto" Information required to complete this Schedule,if not shown above,will be shown in the Declarations. CA 20 01 03 06 Copyright, ISO Properties,Inc.,2005 Page 1 of 2 A. Coverage B. Loss Payable Clause 1. Any "leased auto" designated or described in 1. We will pay, as interest may appear, you and the Schedule will be considered a covered the lessor named in this endorsement for"loss" "auto" you own and not a covered "auto" you to a"leased auto". hire or borrow. 2. The insurance covers the interest of the lessor 2. For a "leased auto" designated or described in unless the "loss"results from fraudulent acts or the Schedule,Who Is An Insured is changed to omissions on your part. include as an "insured"the lessor named in the 3. If we make any payment to the lessor, we will Schedule. However, the lessor is an "insured" obtain his or her rights against any other party. only for "bodily injury" or "property damage" C. Cancellation resulting from the acts or omissions by: 1. If we cancel the policy,we will mail notice to the a. You; lessor in accordance with the Cancellation b. Any of your"employees"or agents;or Common Policy Condition. c. Any person, except the lessor or any 2. If you cancel the policy, we will mail notice to "employee"or agent of the lessor,operating the lessor. a "leased auto" with the permission of any 3. Cancellation ends this agreement. of the above. D. The lessor is not liable for payment of your 3. The coverages provided under this premiums. endorsement apply to any "leased auto" described in the Schedule until the expiration E. Additional Definition date shown in the Schedule, or when the lessor As used in this endorsement: or his or her agent takes possession of the "leased auto",whichever occurs first. "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. Page 2 of 2 Copyright, ISO Properties, Inc.,2005 CA 20 01 03 06 COMMERCIAL AUTO CA 20 5410 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE HIRED AUTOS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Liability Coverage and Paragraph 5.f. of the Other Insurance — Primary And Excess Insurance Provisions in the Motor The following is added to the Who Is An Insured Carrier Coverage Form are replaced by the following: Provision: For Hired Auto Physical Damage Coverage, the An"employee" of yours is an "insured" while operating following are deemed to be covered"autos"you own: an"auto"hired or rented under a contract or agreement in that"employee's" name, with your permission, while 1. Any covered"auto"you lease, hire, rent or borrow; performing duties related to the conduct of your and business. 2. Any covered "auto" hired or rented by your B. Changes In General Conditions "employee" under a contract in that individual "employee's" name, with your permission, while Paragraph 5.b.of the Other Insurance Condition in the performing duties related to the conduct of your Business Auto, Business Auto Physical Damage and business. Garage Coverage Forms, Paragraph 5.d. of the Other Insurance — Primary And Excess Insurance However, any "auto" that is leased, hired, rented or Provisions Condition in the Truckers Coverage Form borrowed with a driver is not a covered"auto". Q1 yQy dl S ✓▪oars - ID.Q CA 20 5410 01 Copyright, ISO Properties, Inc.,2000 Page 1 of 1 G-140378-B CNA (Ed.05/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROADENED POLLUTION LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. A. Liability Coverage is changed as follows: (1) The "pollutants" or any property in which the 1. "pollutants"are contained are upset,overturned or . Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or damaged as a result of the maintenance or use of a covered"auto"; agreement. 2. With respect to the coverage afforded by (2) The discharge, dispersal, seepage, migration, Paragraph A.1 above, Exclusion afforded Care, release or escape of the "pollutants" is caused Custody Or Control does not apply. directly by such upset, overturn or damage. B. Changes In Definitions C. Property Damage Liability Coverage Deductible For the purpose of this endorsement, Paragraph D. of The damages that would otherwise be payable under the Definitions Section is replaced by the following: "covered Coverage for "property scaused damage"in one "covered pollution cost or expense"caused in any one D. "Covered pollution cost or expense" means any "accident" will be reduced by the "Property Damage" cost or expense arising out of: and "Covered Pollution Cost or Expense" Per "Accident" Deductible shown in the Broadened 1. Any request, demand, order or statutory or Pollution Liability Coverage Schedule prior to the regulatory requirement;or application of the Limit Of Insurance provision. 2. Any claim or "suit" by or on behalf of a D. Our Right To Reimbursement governmental authority demanding To settle any claim or"suit"we may pay all or any part that the"insured"or others test for, monitor, clean of the deductible shown in the Broadened Pollution up, remove, contain, treat, detoxify or neutralize, Liability Coverage Schedule. If this happens,you must or in any way respond to, or assess the effects of reimburse us for the deductible or the part of the F. "pollutants." deductible we paid. "Covered pollution cost or expense" does not E. Limit Of Insurance i; include any cost or expense arising out of the actual,alleged or threatened discharge, dispersal, The following is added to Section II, Paragraph C., °s seepage, migration, release or escape of Limit Of Insurance: "pollutants": Regardless of the number of covered "autos," a. Before the "pollutants" or any property in "insureds," premiums paid, claims made or "suits" which the "pollutants" are contained are brought or persons or organizations making claims or moved from the place where they are bringing "suits,"the most we will pay for the sum of all accepted by the "insured" for movement into damages and "covered pollution cost or expense" or onto the covered"auto";or involving the additional insurance provided by this endorsement is the Aggregate Limit shown in the b. After the "pollutants" or any property in which Broadened Pollution Liability Coverage Schedule. the"pollutants"are contained are moved from the covered"auto"to the place where they are The Aggregate Limit shown in the Broadened Pollution finally delivered, disposed of or abandoned by Liability Coverage Schedule applies separately to the"insured." each consecutive annual period and to any remaining Paragraphs a. and b. above do not apply to period of less than 12 months, starting with the pp Y beginning of the policy period shown in the "accidents" that occur away from premises owned by Declarations, unless the policy period is extended after or rented to an "insured" with respect to "pollutants" issuance for an additional period of less than 12 not in or upon a covered"auto"if: months. In that case, the additional period will be G-140378-B Page 1 of 2 (Ed.05/08) G-140378-B (Ed.05/08) deemed part of the last preceding period for purposes However, the additional insurance provided by this of determining the Aggregate Limit. endorsement does not increase the each "accident" F. EXCESS COVERAGE limit of this Coverage Form. Any claim paid for automobile pollution coverage as provided by the The additional insurance provided by this endorsement Insurance Services Office, Inc. state Changes is in excess of any automobile pollution coverage endorsement attached to this Coverage Form will not required by your state and provided for in the be charged against the annual Aggregate Limit shown Insurance Services Office, Inc. state Changes in the Broadened Pollution Liability Coverage endorsement attached to this Coverage Form. Schedule. G-140378-B Page 2 of 2 (Ed.05/08) ��� G-22454-A (Ed. 10/94) BROADENED POLLUTION LIABILITY COVERAGE SCHEDULE As per the policy declarations,this policy provides coverage subject to the limits of insurance indicated below: Aggregate Limit$ 1,000,000 Endorsement Premium$ . "Property damage"and"covered pollution costs or expense"per"accident"deductible$ 1,000 Refer to the policy declarations page for other forms and endorsements attached to and forming a part of this policy. 0 0 G-22454-A Page 1 of 1 (Ed.10/94) • CNA Business Auto Endorsement Declaration POLICY NUMBER COVERAGE PROVIDED BY FROM - POLICY PERIOD - TO U 4034414189 CONTINENTAL CASUALTY COMPANY 11/01/2013 11/01/2014 333 S. WABASH CHICAGO, IL. 60604 INSURED NAME AND ADDRESS OSCAR RENDA CONTRACTING, INC. 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 AGENCY NUMBER AGENCY NAME AND ADDRESS 041147 FRANK SIDDONS INS AGCY FT WORTH INC 2900 MARQUITA DRIVE FORT WORTH, TX 76116 Phone Number: (817)737-4943 BRANCH NUMBER BRANCH NAME AND ADDRESS 040 DALLAS BRANCH 700 N. PEARL ST. , STE. 300 DALLAS, TX 75201 o Phone Number: (214)220-1300 00 This endorsement changes your policy. Please read it carefully. This endorsement results in no change in premium. This policy may be subject to Final Audit Audit Period is Annual Page 1 of 2 U 4034414189 OSCAR RENDA CONTRACTING, INC. 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 FORMS AND ENDORSEMENTS SCHEDULE The following forms have beert.. o this policy. irr FORM NUMBER FORM TITLE G56015B 11/1991 ADDING CNA63359 The following forms have been deleted from this policy. FORM NUMBER FORM TITLE SCA23500D 10/2011 Extended Coverage Endorsement - BA PLUS Countersignature ! Secretary Chairman of tho Board P-55748-B (Ed. 12/90) Page 2 of 2 POLICY NUMBER INSURED NAME AND ADDRESS U 4034414189 OSCAR RENDA CONTRACTING, INC. 608 HENRIETTA CREEK ROANOKE, TX 76262-6397 POLICY CHANGES ADDING CNA63359 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective data of your Policy, unless another effective date is shown. a u a was a ` .t.:'. rn co O 0 0 Chairman of the Board v 5ecrelary 0-56015-B (ED. 11/91) CNA 333 S Wabash Chicago.Illinois 60604 STANDARD^WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INFORMATION PAGE - RENEWAL OF WC 4 34414208 Policy Number f From Policy Period To l Coverage Is Provided By Agency NCCI CARRIER CODE NO: 12238 WC 4 344142081 11/01/13 11/01/14 NAIL FIRE INS. CO. OF HARTFORD '1041147040 Named Insured And Address Agent ITEM OSCAR RENDA CONTRACTING, INC FRANK SIDDONS INS AGCY FT WORTH INC - . 608 HENRIETTA CREEK ROANOKE, TX 42900 MARQUITA DRIVE FORT WORTH TX 76116 76262 FEIN NUMBER: INTERSTATE ID NO: YOU ARE A - CORPORATION/S OTHER WORK PLACES NOT SHOWN ABOVE: SEE ATTACHED SCHEDULE(S) 2. POLICY PERIOD- 11/01/13 TO 11/01/14 12:01 AM STANDARD TIME AT THE INSUREDS MAILING ADDRESS. 3A. WORKERS COMPENSATION INSURANCE: PART ONE OF THE POLICY APPLIES TO THE WORKERS COMPENSATION LAW OF THE STATES LISTED HERE: AR,CO,GA,IN,IA,MD,MI,NV,NY,NC,SC,TN,TX,VA. 3B. EMPLOYERS LIABILITY INSURANCE: PART TWO OF THE POLICY APPLIES TO WORK IN EACH STATE LISTED IN ITEM 3A. THE LIMITS OF OUR LIABILITY UNDER PART TWO ARE: BODILY INJURY BY ACCIDENT $1,000,000 EACH ACCIDENT BODILY INJURY BY DISEASE $1,000,000 POLICY LIMIT BODILY INJURY BY DISEASE $1,000,000 EACH EMPLOYEE 3C. OTHER STATES INSURANCE: PART THREE OF THIS POLICY APPLIES TO OTHER STATES, IF ANY, LISTED HERE: ALL STATES EXCEPT CA,ND,OH,WA,WY,AK, AND STATES LISTED IN ITEM 3A OF THE INFORMATION PAGE 3D. THIS POLICY INCLUDES THESE ENDORSEMENTS AND SCHEDULES: SEE EXTENSION OF INFORMATION PAGE. 4. THE PREMIUM FOR THIS POLICY WILL BE DETERMINED BY OUR MANUAL OF RULES, CLASSIFICATIONS, RATES, AND RATING PLANS. ALL INFORMATION REQUIRED BELOW IS SUBJECT TO VERIFICATION AND CHANGE BY AUDIT. ° CLASSIFICATION OF OPERATIONS EST ANNUAL M PREMIUM SEE EXTENSION OF INFORMATION PAGE PREMIUM DISCOUNT, IF APPLICABLE EXPENSE CONSTANT TERRORISM PREMIUM CATASTROPHE (0/T CERT ACTS OF TERROR) MINIMUM PREMIUM TOTAL ESTIMATED ANNUAL PREMIUM DEPOSIT PREMIUM ADJUSTMENT OF PREMIUM SHALL BE MADE: AT POLICY EXPIRATION EEM WEM ACCOUNT NUMBER: 8001222482 ° DATE OF ISSUE: 11/07/13 POLICY ISSUING OFFICE: DALLAS EEE COUNTERSIGNED BY DATE AUTHORIZED AGENT EEE (WC000001) P-56016A (ED. 12/89) cn.+mo dr.revs INSURED CNA 333 S Wabash Chicago,Illinois 60604 STANDARD WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY EXTENSION OF INFORMATION PAGE — RENEWAL Policy Number From Policy Period To Coverage Is Provided By Agency NCCI CARRIER CODE NO: 12238 WC 4 34414208 11/01/13 11/01/14 ! NATL FIRE INS. CO. OF HARTFORD 1041147040 Named Insured And Address I Agent OSCAR RENDA CONTRACTING, INC. FRANK SIDDONS INS AGCY FT WORTH INC 608 HENRIETTA CREEK ROANOKE, TX 2900 MARQUITA DRIVE FORT WORTH TX 76116 76262 ** E N D O R S E M E N T S C H E D U L E ** SCHEDULE PAGE 1 NUMBER DESCRIPTION EDITION DATE P39543A GENERAL ENDORSEMENT 12/87 G124506A VIRGINIA ESTIMATED PREMIUM AUDITS 03/97 G18640A COLORADO W.C. CANCELLATION ENDORSEMENT 07/92 G300570A TX TERRORISM RISK INS REAUTHORIZATION ENDT 01/08 G300571A TX TERRORISM PREMIUM ENDT 01/08 G35224B COVERAGE B - INCREASED LIMIT OF LIABILITY 03/84 WC000000B COVERAGE PART 07/11 WC000106A LONGSHOREMENS AND HARBOR WORKERS ACT COVERAGE 04/92 WC000313 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDT. 04/84 WC000406 PREMIUM DISCOUNT ENDORSEMENT 08/84 WC000406A PREMIUM DISCOUNT ENDORSEMENT 08/95 (4C000414 NOTIFICATION OF CHANGE IN OWNERSHIP ENDORSEMENT 07/90 W0000419 PREMIUM DUE DATE ENDORSEMENT 01/01 WC000421B DOMESTIC TERRORISM EQ CAT PREMIUM ENDT 01/08 WC000421C CATASTROPHE (O/T CERT ACTS OF TERRORISM) PREM ENDT 09/08 WC000422 FOREIGN TERRORISM PREMIUM ENDORSEMENT 01/06 ° WC000422A TERRORISM RISK INS PGM RE-AUTH ACT DISCLOSURE ENDT 09/08 WC030601A ARKANSAS AMENDATORY ENDORSEMENT 04/92 WC050402 COLORADO CLASSIFICATION ENDORSEMENT 11/90 WC100402 GA NON-COOPERATION WITH PREMIUM AUDIT ENDT 01/13 UC100601A GEORGIA CANCELATION NONRENEWAL AND CHANGE ENDT 04/93 WC190401 MARYLAND CONSTRUCTION REDUCTION PROGRAM 07/93 WC190601E MD CANCELLATION AND NONRENEWAL ENDORSEMENT 01/09 DATE OF ISSUE: 11/07/13 POLICY ISSUING OFFICE: DALLAS (WC000001) P-56016A (ED. 12/89) INSURED CNA 333 S Wabash Chicago,Illinois 60604 STANDARD WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY EXTENSION OF INFORMATION PAGE — RENEWAL Policy Number From Policy Period To Coverage Is Provided By Agency NCCI CARRIER CODE NO: 12238 NC 4 34414208 ! 11/01/13 11/01/14 NATL FIRE INS. CO. OF HARTFORD '041147090 Named Insured And Address Agent OSCAR RENDA CONTRACTING, INC. FRANK SIDDONS INS AGCY FT WORTH INC 608 HENRIETTA CREEK ROANOKE, TX 12900 MARQUITA DRIVE 'FORT WORTH TX 76116 76262 ** E N D O R S E M E N T S C H E D U L E ** SCHEDULE PAGE 2 NUMBER DESCRIPTION EDITION DATE WC210304 MICHIGAN LAW ENDORSEMENT 04/84 WC210402A MI TERRORISM RISK INS REAUTHORIZATION ENDT 01/08 WC270601C NEVADA CANCELLATION AND NONRENEWAL ENDORSEMENT 10/08 WC310308 NEW YORK LIMIT OF LIABILITY ENDORSEMENT 04/84 WC310319G NY CONSTRUCTION CLASS PREMIUM ADJUST PGM EXPL ENDT 10/13 WC320301B NORTH CAROLINA AMENDED COVERAGE ENDORSEMENT 10/01 WC420301F TEXAS AMENDATORY ENDORSEMENT 01/00 WC420304A 4. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS 01/00 WC420407 TEXAS AUDIT PREMIUM AND RETRO PREM ENDORSEMENT 03/02 WC420408 TEXAS HEALTH CARE NETWORK ENDORSEMENT 04/06 WC420601 C TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT 07/84 WC450602 VIRGINIA AMENDATORY ENDORSEMENT 07/93 WC450604 VA CONT. CLASS. PREM. ADJ. PRO. ENDT. 01/97 PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY ° BR031605 CNA INSURANCE PREMIUM AUDIT 99/99 G116814H IMPORTANT INFO - TX LOSS CONTROL SERVICES 10/13 G120606E VA CONTRACTING PREM ADJUST PROG APPLICATION 07/11 G132221B MI IMP INFO TO OUR WC POLICYHOLDERS CONTR-SUBCONTR 10/98 G134818A IMP INFO - NY CST EMPLOYMENT PAYROLL LIMIT LAW 10/99 G134847G IMP INFO - IN WC POLICYHLDRS-SECOND INJ FUND 01/13 G138944A IMP NOTICE TO OUR GA COMMERCIAL POLICYHOLDERS 10/00 DATE OF ISSUE: 11/07/13 POLICY ISSUING OFFICE: DALLAS (WC000001) P-56016A (ED. 12/89) • INSURED CNA 333 S Wabash Chicago,Illinois 60604 STANDARD WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY EXTENSION OF INFORMATION PAGE — RENEWAL Policy Number I From Policy Period To !; Coverage Is Provided By ! Agency NCCI CARRIER CODE NO: 12_238 WC 4 34414208 11/01/13 11/01/14 iNATL FIRE INS. CO. OF HARTFORD 1041147040 Named Insured And Address Agent OSCAR RENDA CONTRACTING, INC. !FRANK SIDDONS INS AGCY FT WORTH INC 608 HENRIETTA CREEK ROANOKE, TX 12900 MARQUITA DRIVE • ORT WORTH TX 76116 76262 ** E N D O R S E M E N T S C H E D U L E ** SCHEDULE PAGE 3 NUMBER DESCRIPTION EDITION DATE G140370D PRIVACY POLICY NOTICE 04/09 G145740A IMP INFO NY WC SECURITY FUND SURCHARGE 10/04 G15119005 IMPORTANT INFORMATION 03/03 G16208B CLAIM SETTLEMENT PRACTICES NOTICE - IN 06/95 G16215D GA NOTICE OF ELECTION TO ACCEPT OR REJECT DED 03/10 G17840E IMP INFO AVAIL OF COST CONTAINMENT CO 01/09 G17877C TX DEDUCTIBLE NOTICE OF ELECTION 01/08 G20138F MD CONTRACTING CLASS PREMIUM CREDIT APPLICATION 07/11 G20268V IMP INFO - NY WC POLICYHOLDERS RATE CHANGE 10/13 G20638A IMP. INFO OUR CO. WC CUSTOMERS 01/94 G20889V IMP INFO - NY WC POLICYHOLDERS STATE ASSESSMENT 10/12 G22451C IMP. INFO TO OUR AR WC POLICYHOLDERS 06/07 G300285B IMP INFO TX HEALTH CARE NETWORK PREMIUM CREDIT 01/08 G300383B GA INSURERS INSOLVENCY POOL ASSESSMENT 02/07 G300774A IMP INFO CUSTOMERS D/B/A GENERAL CONTRACTOR 06/09 G301195A IMP. INFO. - POSTING NOTICES AND CLAIM HANDLING 12/11 G43590F IMP INFO-AR CONTACT INFORMATION 07/04 G53752F42 IMP INFO-TX CONTACT INFO (ENGLISH) 07/07 O DATE OF ISSUE: 11/07/13 POLICY ISSUING OFFICE: DALLAS (WC000001) P-56016A (ED. 12/89) • INSURED WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED TO OBTAIN THIS WAIVER FROM UNDER A WRITEN CONTRACT OR AGEEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium$ Insurance Company Countersigned by WC 00 03 13 (Ed.4-84) Copyright 1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A (Ed. 1-00) 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 LOCATIONS AND OPERATIONS 3. Premium The premium charge for this endorsement shall be 2 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 SEE SCFiD This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium$ Insurance Company Countersigned by _ WC420304A (Ed. 1-00) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed.7-84) 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: 30 DAY NOTICE OF CANCELLATION APPLIES TO ALL ENTITIES ON LIST MAINTAINED ON FILE BY COMPANY mpO O ggg This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium$ Insurance Company Countersigned by WC 42 06 01 (Ed.7-84) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 7-84) 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: SEE ENDT P39543 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium$ Insurance Company Countersigned by WC420601 (Ed.7-84) 0263488 GREAT AMERICAN INSURANCE CO Administrative Offices 301E 4th stree+. GA I 6001 ( Ed . 06 97) TREAT Cincinnati, Ohio 45202-420 fL�v1ERIC V iei 1-513 369-5000 �F� � ,- N Policy No . TUU 5 -57-81 -22 08%i • Renewal Of TUU 5 - 57 -81 - 22 - 07 THE PROTECTOR COMMERCIAL UMBRELLA DECLARATIONS PAGE 1 . NAMED INSURED AND ADDRESS : 2 . POLICY PERIOD: OSCAR RENDA CONTRACTING, INC . 12 : 01 A . M. Standard Time at the 508 HENRIETTA CREEK address of the Named Insured ROANOKE , TX 76262 shown at left . From 11 -01 - 2013- To 11 -01 -2014' N RETURN FOR PAYMENT OF THE PREMIUM, PRODUCER ' S NAME AND ADDRESS : .ND SUBJECT TO ALL TERMS OF THIS FRANK SIDDONS INSURANCE OLICY, WE AGREE WITH YOU TO PROVIDE (MEMBER K & S GROUP ) HE INSURANCE AS STATED IN THIS 2900 MARQUITA DRIVE OLICY. FORT WORTH , TX 76116 nsurance is afforded by : GREAT AMERICAN INSURANCE COMPANY 3 . PREMIUM: Commercia ; Umbrella Premium $ Personal Umb£'rella Premium $ Total Advance Premium Service Charge $ Taxes $ Surcharge $ Total $ n the event of cancellation by the Named Insured , the company will receive ind retain no less than $ 24 , 500 . as a policy minimum premium. ASIS OF PREMIUM: Non -Auditable ( X ) Auditable ( ) LIMITS OF INSURANCE : $ 25 , 000 , 000 . Each Occurrence $ 25 , 000 , 000 . General Aggregate (Where Applicable ) $ 25 , 000 , 000 . Products -Completed Operations Aegregate . SELF - INSURED RETENTION: $ 10 , 000 . . FORMS AND ENDORSEMENTS applicable to all Coverage Forms and made part of this Policy at time of issue are listed on the attached Forms and Endorsements Schedule , GAI 6013 ( Ed . 06 /97 ) . ousters i gned By -c t„ Date Authorized Representative ,t 6001 ( Ed . 06 /97 ) PRO ( Page 1 of 1 ) 0263488 GREAT AMERICAN INSURANCE CO Administrative Offices 301 E 4th Street GA l 6003 3H1g1 Cincinnati, Ohio 45202-4201 ' �'i4ERICAj\/ T=1: 1-613-369-5000 ( E d . 06 97 ) NSL AN:E G;O P SCHEDULE A - SCHEDULE OF UNDERLYING INSURANCE arrier , Policy Number and Period Type of Coverage I Limits of Insurance NATIONAL FIRE Employers Liability Bodily Injury By Accident INSURANCE COMPANY OF HARTFORD $ 1 , 000 , 000 . each accident POL : 434414192 (CA) Bodily Injury By Disease AND POL : WC 43441 4208 $ 1 , 000 , 000 . p o l i c y l i m i t (AOS ) 11 / 1 / 13 TO 11 / 1 / 14 $ 1 , 000 , 000 . each employee ) CONTINENTAL CASUALTY Automobile /Garage ( ) Split Limit COMPANY POL : U 4034414189 ( X ) Any Automobile Bodily Injury Liability 11 / 1 / 13 TO 11 / 1 / 14 Owned Automobile $ each person Only $ each accident ( ) Specifically Designated i Property Damage Liability Automobile each accident ( ) Hired Automobile ( X ) Combined Single Limit ( ) Non - owned Automobile $ 1 , 000 , 000 . each accident ( ) Garage Liability ( I Garage Operations ( X ) DEFENSE OUTSIDE ` $ Auto only THE LIMIT each accident Other than auto each faccident $ Other than auto aggregate Garagekeepers ' Liability $ each location CAI Rnn; ( Fri ()R !c171 PRn ( Pano 1 of 91 0263488 GREAT AMERICAN INSURANCE CO arrier , Policy Number and Period Type of Coverage 4 Limits of Insurance ) ( ) Comprehensive ( ) Split Limit General Liability including Bodily Injury Liability ) Products -Complet - $ each occurrence ed Operation Liability $ aggregate ( ) Broad Form Property Damage Liability Endorsement each occurrence ( $ aggregate ( ) Combined Single Limit ( each occurrence aggregate OR OR OR ( X ) Commercial $ 2 , 000 , 000 . General Aggre - VALLEY FORGE General Liability gate Limit INSURANCE COMPANY POL : U 4034414211 ( X ) Occurrence Form $ 2 , 000 , 000 . Products -Corn- 11 / 1 / 13 TO 11 / 1 / 14 pleted Opera - ( ( ) Claims -Made Form tion Aggre - gate Limit (X ) DEFENSE OUTSIDE ( X ) GENERAL AGGREGATE THE LIMIT APPLIES PER $ 1 , 000 , 000 . Personal and PROJECT/LOCATION Advertising Injury Limit Retroactive Date $ 1 , 000 , 000 . Each Occurrence L imi t VALLEY FORGE EMPLOYEE BENEFIT $ 1 , 000 , 000 . EACH EMPLOYEE INSURANCE COMPANY LIABILITY I POL : U 4034414211 $ 1 , 000 , 000 . AGGREGATE 11 / 1 / 13 TO 11 / 1 / 14 ^.a i annV / PA na io-7 1 oon i o 0 - n 0263488 GREAT AMERICAN INSURANCE CO Administrative Offices 301 E 4th Street GA I 6013 ( Ed . 06 97 ) ;11"IAMERR7e10 4Cincinnati, Ohio 45202-4201 Tel: '-513-369 5000 iNSURt.NC_GROUP FORMS AND ENDORSEMENTS SCHEDULE t is hereby understood and agreed the following forms and endorsements are ttached to and are a part of this policy : Date Added* or Form and Edition ST Date Deleted Form Description 1 , GAI6001 06 /97 TX PROTECTOR COMM' L UMBRELLA DEC PAGE 2 . GAI6002 06 /97 TX PROTECTOR UMBRELLA COVERAGE FORM 3 . GA16003 06 /97 TX SCHEDULE A- SCHED/UNDERLYING POLICY 4 . GAI6005 06 /97 TX NAMED INSURED 5 . GA16013 06 /97 TX PROTECTOR CATASTROPHE LIA F&E SCHED 6 . GA16079 10 /98 TX ADDITIONAL INSURED LIMITATION 7 . GAI6047 06 /97 TX ADVERTISING INJURY- FOLLOWING FORM 8 . GAi6446 09 /01 TX ALIEN PREM/MOBILE E 9 . GAI6434 07 /99 TX AMEND INSRNG AGREEMNT-KNOWN INJIDMG 0 . GAI6106 06 /97 TX AUTO LIABILITY - FOLLOWING FORM 1 . GAI6030 06 /97 TX CARE , CUSTODY OR CONTROL EXCLUSION 2 . TAU9286 11 /98 TX CONTRACTORS LIMITATION - FORM B 3 . GAI6113 06 /97 TX CONTRACTUAL LIAB - FOLLOWING FORM 4 . GA16142 03 /99 TX EARTH MOVEMENT EXCLUSION 5 . GA16801 10 /04 TX ELECTRONIC DATA LIABILITY EXCLUSION 6 . GAI6153 06 /97 TX EMPLOYEE BENEFIT LIAB - FOLLOW FORM 7 . GA16938 12 /07 TX EXCL - EMPLOYMENT RELATED PRACTICES 8 . GA16344 06 /97 TX FOREIGN LIABILITY - FOLLOWING FORM 9 . GA16050 06 /97 TX INTELLECTUAL PROPERTY EXCL 0 . GA16333 06 /97 TX EXCLUSION- LIA ARISING OUT OF LEAD 1 . GAI6807 10/04 TX ORGANIC PATHOGENS EXCLUSION 2 . GAI6129 06 /97 TX PERSONAL INJURY - FOLLOWING FORM If not at inception 0263488 GREAT AMERICAN INSURANCE CO Administrative Offices 301E 4th street GA I 6013 ( Ed . 06 97) Cincinnati, 2 rREATA.MERJC4N =C 1-513-3 O69-500hio 450 02-4201 !NSLRANcE G%];;F FORMS AND ENDORSEMENTS SCHEDULE t is hereby understood and agreed the following forms and endorsements are ttached to and are a part of this policy : Date Added* or Form and Edition ST Date Deleted Form Description 1 . GAi6135 06 /97 TX PROFESSIONAL LIABILITY EXCLUSION 2 . GA16817 10/04 TX PROPERTY DAMAGE REDEFINED 3 . GA16819 10 %04 TX SILICA OR RELATED DUST EXCLUSION 4 . GA16187 10 / 13 TX TX CHANGES -CANCELLATION /NONRENEWAL 5 . GA16473 01 /08 TX DISC PURSUANT TERR RISK ACT REJECTN 3 . GA16474 03 /03 TX WAR LIABILITY EXCLUSION 7 . GA16374 06 /97 TX TX CHANGES -CONDITIONS -CLAIM PROCED 3 . GA16455 01 /08 TX EXCL CERTIFIED ACTS OF TERRORISM 3 . GA17225 11 / 11 TX AMENDMENT GENERAL AGGREGATE LIMIT D . GA16045 06 /97 TX WATERCRAFT LIA- FOLLOWING FORM 1 . GA17215 11 / 11 TX EXCL - RESIDENTIAL CONSTRUCTION 2 . GA17186 11 / 11 TX EXCLUSION - EIFS!DEFS 3 . IL7324 08 / 12 TX ECONOMIC AND TRADE SANCTIONS CLAUSE 4 . GAI6827 12 / 13 TX EXCL RCRD/DSTR MTRL / INFRMTN VLTN ST 3 . GAI6011 06 /97 TX GENERAL ENDORSEMENT 3 . GA16011 06 /97 TX GENERAL ENDORSEMENT 7 . 3 . 3 . J . 1 . 7 If not at inception 0263488 GREAT AMERICAN INSURANCE CO Administrative Offices • 301 E 4th Street GAI 6005 JREAT Cincinnati, Ohio 45202-4201 (Ed. 06 97 A�IEthCAN Tel: 1-513-369-5000 ii SU iNCt G DUP THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED The Named Insured listed in Item 1 of the Declarations is changed to the following: OSCAR RENDA CONTRACTING, INC . RENDA ENVIRONMENTAL , INC . RENDA MARINE , INC . KW PIPELINE DBA : RENDA PACIFIC BENSON LANE PARTNERS , LTD . RENDA/SOUTHLAND/SAK JOINT VENTURE RENDA PACIFIC , LLC OR ASSET HOLDINGS LP OR ASSET HOLDINGS MANAGEMENT , LLC SL /RENDA PROPERTY , LLC RENTERRA LLC OSCAR RENDA CONTRACTING/S . J . LOUISE JOINT VENTURE (ORCiSJLJV ) This endorsement does not change any other provision of the policy. 0263488 GREAT AMERICAN INSURANCE CO Administrative Offices 301 E 4th Street GAI 6079 GREAT Cincinnati, Ohio 45202-4201 11�:�IEIZICAI'�: TeI: 1-513-369-5000 (Ed. 10 98) i45U.A!:.E Giv'JF THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LIMITATION . Section V - DEFINITION F. "Insured," Paragraph 5 is deleted and replaced by the following: 5. Any person or organization, other than the Named Insured, included as an additional "Insured' solely by virtue of an "Insured Contract," and to which coverage is provided by the "underlying insurance," and for no broader coverage than is provided by the "underlying insurance" to such additional "Insured." The Limits of Insurance applicable to the additional 'Insured" are the lesser of those specified in the Declarations of this policy or those specified in the "insured contract" less the applicable "underlying insurance." The Limits of Insurance applicable to the additional "Insured" are included within, and not in addition to, the Limits of Insurance shown in the Declarations. This Endorsement does not change any other provision of the policy. 3AI 6079 (Ed. 10/98) XS I 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: yy. yan y.y IM�ht1�'`lilt I�'1Sl�C�[tC��0�.{C} �5 .<� Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard $1,000,000 Per Occurrence 5. Products/Completed Operations Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non- Owned, Rented,and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/$500,000/$500,000 Excess Liability/Umbrella Liability $5,000,000 Per Occurrence Professional Pollution Liability/ Environmental Impairment Coverage Not limited to sudden and accidental $2,000,000 Per Claim discharge. To include long-term 0 Required Not Required environmental impact for the disposal of pollutants/contaminants. Equal to Contract Price Builder's Risk(All Perils including Collapse) ❑ Required 0 Not Required Equal to Contract Price Installation Floater ❑ Required ® Not Required Equal to Contractor's liability insurance Owner's Protective Liability ❑ Required ® Not Required 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. Insurance Requirements 00 72 01-1 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin C L C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. ih" F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by E, the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. 1IM I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the"other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers'compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers'compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. Insurance Requirements 00 72 01-2 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin L L 2. Claims for damages because of bodily injury,occupational sickness or disease,or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers'Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury,sickness or disease,or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason; and 5. Claims for damages,other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form)and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. Blanket Additional Insured Endorsement naming all parties having Privity(City of Corpus Christi, its officers,officials,employees,volunteers,and elected representatives; subcontractors,sub-subcontractors, landowners named and not named, as respects to [F, continuing operations and activities of,or on behalf of,the named insured performed under contract with the City,with the exception of the workers' compensation policy. a. Eliminate the exclusion with respect to property under the care,custody,and control of Contractor. Provide and maintain Installation Floater insurance for property under the care,custody,or control of Contractor in lieu of elimination of the exclusion, or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery,fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance,or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; Insurance Requirements 00 72 01-3 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin I d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery,fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured- Engineers,Architects or Surveyors Not Engaged by the Named Insured"or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance,or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability,commercial general liability,and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, agents,consultants,and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's Insurance Requirements 00 72 01-4 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance,or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor,Owner,and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor,Supplier, anyone directly or indirectly employed or retained by any of them,or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor,and all Subcontractors,and any other individuals or entities identified in the Supplementary Conditions,as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings,falsework,and materials and Insurance Requirements 00 72 01-5 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin C L equipment in transit,and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot;civil commotion;terrorism;vehicle impact; aircraft; smoke;theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current;earthquake;volcanic activity, and other earth movement;flood; collapse;explosion;debris removal;demolition occasioned by enforcement of Laws and Regulations;water damage(other than that caused by flood);and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion,and artificially generated electric current;earthquake;volcanic activity,and other earth movement;or flood,are not commercially available under builder's risk, by endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor,Subcontractors, or employees of the Contractor or a Subcontractor owning property items,such as tools,construction equipment,or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. Insurance Requirements 00 72 01-6 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin r L 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional rrrl insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains 0 provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees,agents,consultants,and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. is 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor,Subcontractors,or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event,Contractor is fully responsible for all losses arising out of, resulting from,or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds,or 01" additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE N 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 1111 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds"for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. r D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage,or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE Insurance Requirements 00 72 01-7 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin di id A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code§1811.101;or S 2. Form is a standard form deemed approved by the Department under Texas Insurance Code§1811.101. lit 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. r>rt B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements,and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision,or modification of particular policy terms, conditions, limitations, or exclusions(except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any "" such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised,or new evidence of insurance in accordance this Section prior to the expiration of existing policies. flit B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn:Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. r it Insurance Requirements 00 72 01-8 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin L svP ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83,or TWCC-84), showing statutory workers'compensation age insurance coverage for the person's or entity's employees providing services on a project,for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the pro Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project("Subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted flow directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors, leasing companies, motor carriers,owner-operators,employees of any such entity,or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling,or delivering equipment or materials,or providing labor,transportation,or other service related to a project. "Services" does not include activities unrelated to the Project,such as food/beverage rot vendors,office supply deliveries,and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the Contractor jib providing services on the Project,for the duration of the Project. fro C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage Ilt period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project,and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project;and f 2. No later than seven days after receipt by the Contractor, a new certificate of coverage im showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. Insurance Requirements 00 72 01-9 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin c N G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text,form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; ilk 3. Provide the Contractor, prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project;and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project;and 7. Contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading Insurance Requirements 00 72 01-10 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin L e information may subject the Contractor to administrative penalties,criminal penalties, civil penalties,or other civil actions. K. If workers'compensation coverage is not written in accordance with Texas Law, "All Other kw States" endorsement must be indicated on the certificate of insurance. fps L. The Contractor's failure to comply with any of these provisions is a breach of contract by kb the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION to- „sp., ire ha Insurance Requirements 00 72 01-11 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin I r 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.37 consists of the following organizations: City of Corpus Christi,Texas Freese and Nichols, Inc, Bath Engineering f1r Solka Nava Torno Architects B. Paragraph 1.01.A.55 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. River Pump Station and intake facilities. b. Booster Pump Station and yard piping. c. Sedimentation Basin. iM 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 116 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 Bay City gauge is 0.50 inch or greater. Records indicate that Matagorda County averages 48 inches of rain per year. 3. A total of 90 rain days have been set for this Project. An extension of time due to rain lr days will be considered only after 90 rain days have been exceeded in a calendar year Supplementary Conditions 00 73 00-1 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin I and the PCM 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; lr HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. Geotechnical Report is available for the use of the Owner and Designer in preparing the f Contract Documents. This report is based on limited tests. Any boring logs or other geotechnical information shown in the Drawings or attached to the Contract Documents are not a part of the Contract Documents. All subsurface and/or soils information is furnished for information only and neither the Owner nor the Designer make any representation as to its accuracy or adequacy by making such information available. Bidders are to make such explorations, analyses and other investigations as required to inform themselves of the actual conditions to be encountered in performing the Work required by the Contract Documents. 1. Geotechnical Reports include the following: a. Subsurface Investigation, Laboratory Testing Program and Foundation and Pavement Recommendations for the Proposed Mary Rhodes Pipeline Phase 2, by Rock Engineering&Testing Laboratory, Inc.,on August 8t", 2013. B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) include the following: None. C. Delete Paragraph 5.03 entirely and insert the following: "5.03 Subsurface and Physical Conditions A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site,are known to Owner." 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. les 1. Environmental Reports include the following: a. "Mitigation Plan for Impacts to Aquatic Resources and Terrestrial Habitats— Proposed Mary Rhodes Phase 2 Raw Water Conveyance Project" Published by Alan Plummer Associates, Inc.,August 21, 2012. r- ah ARTICLE 18—MISCELLANEOUS SC-18.18 Add the following Paragraph 18.18: kir A. "18.08 Owner Purchased and Assigned Equipment(Vertical Turbine Pumping Units) Supplementary Conditions 00 73 00-2 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin i�r A. Assignment of Equipment: 1. The Owner will evaluate and select the equipment from the Bids received. The Vendor for the selected equipment will enter into an agreement with the Owner based on the terms and conditions described in the Bid Documents. The Bid Documents will become part of the Contract Documents of this Project. 2. The Construction Contractor(s)will be assigned the purchase order of the equipment and will accept responsibility for receiving, inspecting, unloading, protecting,storing(if required)and installing the equipment. 3. The Construction Contractor(s)will also be assigned the obligation to make remaining payments directly to the Vendor for the equipment in accordance with the terms of payment as described herein,from money received by the it Construction Contractor(s)from the Owner in payment for materials and equipment on hand. 4. The Construction Contractor(s)will be required to work with the Vendor in scheduling delivery of equipment and dates that the Vendor,or his representatives,will be available to assist in assembling, installation,adjusting, and start-up of the equipment, making any corrections necessary to the equipment." END OF SECTION i1r P tUt r • iYr Supplementary Conditions 00 73 00-3 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin be 2014-031 2/25/14 M2014-027 Oscar Renda Contracting 00 52 23 AGREEMENT This Agreement is between City of Corpus Christi,Texas(Owner)and Oscar Renda Contracting,Inc. (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 follows: Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin FY 2013-2014 Project No. E10008 ARTICLE 2—DESIGNER AND PROJECT CONSTRUCTION MANAGER 2.01 The Designer and Project Construction Manager for the Contract is: Freese and Nichols, Inc. 800 N.Shoreline Blvd.,Suite 1600N Corpus Christi,78401 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 413 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with paragraph 15.06 of the General Conditions within 473 days after the date when the Contract Times commence to run. B. 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 Agreement 00 52 23-1 COR10165—City of Corpus Christi Project E10008-Mary Rhodes Pipeline Phase 2-Pump Stations/ Sedimentation Basin 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$3,500 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$3,500 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 15.06 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. 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 in SECTION 00 30 01 BID FORM EXHIBIT A. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed,and were solely for the purpose of comparing offers,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 $ 29,167,288.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the PCM as provided in the General Conditions. Agreement 00 52 23-2 COR10165—City of Corpus Christi Project E10008-Mary Rhodes Pipeline Phase 2-Pump Stations/ Sedimentation Basin 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 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option,retainage may be required at a higher percentage rate 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 15.01 of the General Conditions and less 200 percent of PCM'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 PCM in accordance with Paragraph 15.06 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. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. 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 Bid 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. Agreement 00 52 23-3 COR10165—City of Corpus Christi Project E10008-Mary Rhodes Pipeline Phase 2-Pump Stations J Sedimentation Basin 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.O1.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 Documents,and all additional examinations,investigations,explorations,tests, studies,and data with the Contract Documents. J. The Contractor has given the PCM 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 PCM 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. Agreement 00 52 23-4 COR10165—City of Corpus Christi Project E10008-Mary Rhodes Pipeline Phase 2-Pump Stations/ Sedimentation Basin 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. 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 13.01 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. Specifications,forms,and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Purchase Order for Vertical Turbine Pumping Units. b. Proposal for Pump Control Ball Valves and Hydraulic Power Unit. 5. 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 00 52 23-5 COR10165—City of Corpus Christi Project E10008-Mary Rhodes Pipeline Phase 2-Pump Stations/ Sedimentation Basin The Effective Date of the Contract is 274RILM p27/ 02-1'W ATTEST OF ORPUS ► I,TEXAS ice, i • — LALAwig, . ity Secretary Gustavo onzalez, P.E. 6 Assistan i City Manage of Pu• Works&Utilities APPR•VED AS • LEGAL FORM: _(: ' Asst.City attorney Daniel Biles, P.E. Executive Director of Public Works ATTEST(IF CORPORATION) OSCAR RENDA CONTRACTING.INC. ,pia ..�L.1..�a – 7(1-7.? ( 'Below) By: Frank Renda (Note: Attach copy of authorization to sign) Title: Vice President 608 Henrietta Creek Road Address Roanoke Texas 76262 City State Zip 817-491-2703 817-491-4483 Phone Fax frenda @oscarrenda.com Email END OF SECTION + 'X I; (,071 ST COUNCIL ZS '.T B�TARK Agreement 00 52 23-6 COR10165–City of Corpus Christi Project E10008-Mary Rhodes Pipeline Phase 2-Pump Stations/ Sedimentation Basin 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 Submit Bids to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin Bond 2013-2014, Project No. £10008 ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 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. 2.02 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders,including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 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. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt No. 1 11/6/2013 7,44-. f�� No. 2 11/12/2013 _� ' .a __ _— :do ? 11/26/2013 �. No. 4 11/26/2013 —2;"4:77 // No. 3 12/05/2013 C ��777RC�,_ No. 6 12/9/2013 71"ti- /47/-- no. I Pict/a-0 1T 7-1' /-- ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. Addendum No. 5 00 30 00- 1 Attachment 2 Page 1 of 8 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the genera, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost,progress,and performance of the Work. 3.04 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 E. Technical Data related to each of these reports and drawings. 3.05 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. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 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. 3.07 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. 3.08 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. 3.09 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. Addendum No. 5 00 30 00-2 Attachment 2 Page 2 of 8 3.10 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. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 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. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in SECTION 00 30 01 BID FORM EXHIBIT A. A. The Bidder selected for award of the Contract will be the Bidder whose Bid provides the best value to the Owner. The Owner is not bound to accept the lowest priced Bid if that Bid is determined by the Owner not to be in the Owner's best interest. Owner will,at its discretion,award the Contract for the Base Bid, plus any combination of Add or Deduct Alternates that provides the best value to the Owner. B. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. C. 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. D. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the qualifications of the Bidders and Bidders'consultants, in addition to the proposed Contract Price,when evaluating Bids to determine which Bid offers the best value to the Owner. The Owner reserves the right to waive irregularities in determining the Bidders' qualifications and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid,which in its judgment offers the best value to the Owner,reject any and all Bids,to waive irregularities in the Bids, or to reject non-conforming, non-responsive,or conditional Bids. In addition, the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner,changed the qualifications or responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted for evaluation,including information submitted per SECTION 00 45 16 STATEMENT OF QUALIFICATIONS, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such firm, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the Owner Addendum No. 5 00 30 00-3 Attachment 2 Page 3 of 8 resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 362 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 392 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated in SECTION 00 30 01 BID FORM EXHIBIT A. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Bid Security. B. SECTION 00 30 01 BID FORM EXHIBIT A. C. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. D. SECTION 00 30 03 COMPLIANCE TO TEXAS SALES TAX CODE. E. SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. P. SECTION 00 30 05 DISCLOSURE OF INTEREST. G. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency,and federal tax identification number in the Bid Form. 10.02 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 Addendum No. 5 00 30 00-4 Attachment 2 Page 4 of 8 Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 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. 10.04 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. 10.05 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. Addendum No. 5 00 30 00-5 Attachment 2 Page 5 of 5 ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: Oscar. Renda Contracting, Inc. yped or printed full legal name of Bidder) • .(7‹ By: (individual's signature) Name: . rank Renda (typed or printed) Title: .c.: Pre>. idenr. 11111 • (typed or printed) Attest: dividual's signature) State of Residency :eras Federal Tax Id. No. '75-1472142 Address for giving notices: be '`"'e`t.' Creek Road Roanoke, TX 7622 Phone: $17-491-27c.,1 Email: `renda Oscar•-enda.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation,partnership,or joint venture.) END OF SECTION Addendum No. 5 00 30 00-6 Attachment 2 Page 6 of 8 00 30 01 Bid Form Exhibit A City of Corpus Christi Mary Rhodes Pipeline Phase 2-Pump Stations/Sedimentation Basin C0R10165 Basis of Bid -:174X ft r a w {{ l '-' M3 ,1 s r rsv pd ni�g as ii6itreDwEi s.n `,s'; j,} L`0 s ' `... '.�`,n fL V+a"`i3.1,,,,,°€4 '44" �i c1,9t ,irY e i ea�-�li } ..,46'A> };A' rat' x -A c R 7t:' t.11 e l'S r y K ;-", V "x ,t.=' -s. -"o ` .r -1 x.. - 4,..a . River Pump Station completely as shown in the plans LS 1 L� r �1 +� 'S�, 1 ry f�L� C and the specifications,except the items listed below �� t Jt✓ a+,�i�,t3 j� JVi�`y +,ux 2 Micro Tunneling 48"/54" LE , 760 5-006- 3 VOY,f 000 3 Trench safety Systems' :r 410 a _ _ _2c,'" Three(3)Pre-Purchased Pumping Units for RPS(95% LS 1 $ 1,784,293.90 $ 1,784,293.90 of Pre-Purchased Price)*** ,:8' toi i TAYb3. BPSj ,.,:xi:-., f:' -:•,--::----,-: ,::.----'7 .27.!:=0,:A -. . ,. rz .r >,' Booster Pump Station completely as shown in the 1 plans and specifications,except the items listed LS 1 below (0,CM/000 A (9,b- D b"V lo oo r ____ _ 2 french Safety Systems* LF __ 2,200 ^ �. 9,4100 Four(4)Pre-Purchase Pumping Units for BPS(95%of LS 1 $ 2,542,430.00 5 2,542,430.00 Pre-Purchased Price)*** 1 18"x 13"concrete plies for RPS VLF 1,200 ( 5`' rt O' 000- 2 18"x 18"concrete piles for BPS VLF 2,100 S - (3&. scw" 3 24"drilled piers for RPS VLF 1,100 AO 6,ri Ai 6,J 4 24 drilled piers for BPS VLF 2,000 i1 bid n ;b: 5#.. lA `kf 5` QSiER$E`flU1R TATIOW- r w- x _ U r.,:a nP I �-�griAt :4,,1 ? 1 Four(4)Pump Control Ball Valves and one(1) 1 $ 730,000.00 $ 730,000.00 LS. H •raulic Power Unit s w't k„ S® ,0) Y' .# "�x'9sx ti"vt, .-,::,7 . ., . .-(:::�="�'S`?+ i,- `��/r,.'r1�y�p� �. ",�„�r'?�*�-., purnish,test,deliver,and provide competent service 25/WO- So wV 1 technician for two(2)low voltage(480V),250 HP, EA 2 variable frequency drives fully compatible w th the S Sri r ��sn{- �-� �� pre-purchased pumping units RPS-P1 and BPS-P1 -.+9 + �e - Furnish,test,deliver,and provide competent service J� " + U 2 technician for two(2)low voltage(480V),400 HP, EA variable frequency drives fully compatible with the 1� � f pre-purchased pumping units RPS-P2 and RPS-P3 Trtd t �r44- . Furnish,test,deliver,and provide competent service for three(3)medium voltage(4160V), Sr( }E? 51660... ' 0 3 175D HP,variable frequency drives fully compatible EA 3 with the pm-purchased pumping units BPS-P2,BPS- P3,and BPS-P4 - 9 4 Additional cost for witnessed test for four(4),480 V, FA 4 ��i--�77r,,((��OW- 1-A1000 variable frequency drives by representative of owner 1T*"��`�+ t-fr, e j I f`it- Additional cost for witnessed test for three(3),4160 TO- I ii000 - 5 V, variable frequency drives by representative of FA 3 q-44.1 ') .! owner - % - Addendum No. 6 00 30 01 Attachment 1 Mary Rhodes Pipeline Phase -Pump Station/Sedimentation Basr Page 1 of 2 City of Corpus Christi Mary Rhodes Pipeline Phase 2-Pump Stations/Sedimentation Basin COR10165 Basis of Bid I Mobilization(5%Max) LS 1 1 00 t s ' • .0110— 2 Excavation ...._CY._ 92,000 _._ q 3 Compacted Fill CY 63,000 3,_ if'7 E.IG-Cx 4 . 12"soil cement CY 27,000 6 5` i�'7 5-5, Portland Cement TN 4,100 I * E 11,�"'a}w 6 Fly Ash TN 1,250 4,Q- ?5.000 a 7 Geonet composite WI geotextile(both sides) SY 78,500 6- 40 1,WO- 8 HOPE geomernbrane(textured 60mi) SY 78,500 6- 11'I i1CLIC'` 9 Underdrain s stem LS 1 a, A• - •,•. 10 Topsoil CY 2,625 t 2l6 1 Sr 11 Grassing AC 54 tt -. 12 Weir walls&inlet/outlet headwalls LS 1 ♦ / } V 13 Piezometers EA 31 •! 7,,�QQ • 14 Catwalks LS 11 /:IL w Sub Total Section A I-3,0t5ilUgir ti Sub Total Section B (1,0100 w Sub Total Section C TOO Sub'Total Section D '136.,,�� �'d� Sub Total Section E 64--346-644-- 3.14 i� Sub Total Section F 57 q 34k Gs1, SUBTOTAL BASE BID (-)Deduct for Extended Schedule'*** TOTAL BID Wit 16 f r ),,,4gt,'t The minimum quantity for trench safety shall be 410 LF for A3 and for 2,20CLF for 82 •• Contractor is required to provide pricing for either concrete piles or drilled piers. Award will be based on lowest combination.The pump station will use either concrete piles or drilled piers,not both. *** The Owner will pay for 5%of the pumps'pre-purchased price.The contractor will pay for the remaining 95%,which is the amount shown on this Bid Form.This amount Is subject to approval by City Council on December 10,2013 *' ;ontractor may offer a deduction in price if the date to substantial completion is extened by 180 days. Addendum No.6 Attachment 1 00 30 01 Page 2 of 2 Mary Rhodos Roane Phase -Pump Station/Sedimentation Basin 00 30 05 City of Corpus Christi Disclosure of Interest sl it. 1latt \t I( \tt]FfL (1 la ASVGNF.t)F31'CITY t'IRCIL\"1N III"t t(t� t of CITY OF CORPUS CHRISTI ,, C«rpti. DISCLOSURE OF INTEREST C hri.0 C-its of Corpus Christi Ordinance 171 12,as amended. requires all persons or firms seeking to do business with the Cite to provide the following information. Every question must be answered. lithe question is not applicable. answer kith "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Oscar Renda Contracting, Inc. P.O. BOX: STREET ADDRESS: 608 Henrietta Creek Road CITY: Roanoke ZiP: 76662 I IR.1 1S I. Corporal ion 9 2 Partnership ❑ . . Sole Owner ❑ 4. Assocuation ? tither DISCLOSURE QUESTIONS if additional space is necessary. please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City; of Corpus Christi haying an "ownership interest" constinning 3' or more oldie ownership in the abet e named"firm." Name Job Title and City Department if known) i ja 2 State the names of each "official" of the Ctt} of Corpus Christi haying an "ownership interest- constituting 3";,or more of the ownership in the above named "firm.- Title n a 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest- constituting ° or more of the ownership in the above named"firm.- Name Board. Commission or Committee ni a 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant n;a FILING REQUIREMENTS if a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action \sill have on members of the public in general or a substantial segment thereof. you shall disclose that fact in a signed writing to the City official. employee or body that has-been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. (Ethics Ordinance Section 2-349(d')( CERTIFICATION certify' that all information provided is true and correct as of the date of this statement. that I have not knowingly withheld disclosure of any information requested: and that supplemental statements will be promptly-submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person: Frank Renda Title: Vice President Signature of Certifying Date: December 11, 2013 Person: DEFINiTIONS a. "Board member." A member of any board. commission. or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee.- Any person employed by the Cite of Corpus Christi. Texas either on a full or part- time basis, but not as an independent contactor. d "Firm.- Any entity operated for economic gain, whether professional. industrial or commercial. and whether established to produce or deal with a product or service. including but not limited to.entities operated in the form of sole proprietorship. as self-employed person, partnership. corporation. joint stock company.joint venture, receivership or trust, and entities which for purposes of taxation arc treated as non-profit orgamiations. e. 'Official.' The Mayor. members of the City Council. City Manager. Deputy City Manager. Assistant City Managers. Department and Division Heads. and Municipal Court Judges of the City of Corpus Christi,Texas. f "Ownership Interest." Legal or equitable interest. whether actually or constructively held, in a firm. including when such interest is held through an agent. trust. estate, or holding entity "Constructively held- refers to holdings or control established through voting trusts, proxies. or special terms of venture or partnership agreements." g. "Consultant.- Any person or firm, such as engineers and architects. hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. • 00 30 03 COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Offeror hereby certifies that the Contract Price is divided as follows: Tax exempt products, materials and services(See Notes 1 and 2) 5 2,'1,(Z Taxable products, materials and services(See Note 3) S icxmor Total(Total must equal the Contract Price) S 19,14'Jt .41l Offeror: Company Name: Oscar. Renda Contracting, Inc. (typed or printed) 7- (signature By: --attach evidence of authority to sign) Name: Frank Renda (typed or printed) Title: Vice President Business address: 608 Henrietta Creek Road, Roanoke, TX 76262 Phone: 817-491-2703 Email: frendaoscarrenda.com Notes: 1. Exempt products and materials are those items purchased for the Project which are physically incorporated into the facilities constructed for the Owner or are necessary and essential for the performance of the Work and are completely consumed at the Site. For purposes of this definition, products and materials are completely consumed if after being used once for its intended purpose it is used up or destroyed. Products and materials rented or leased for use in the performance of the Work cannot be completely consumed for the purposes of this definition. 2. Exempt services are those services performed at the Site where the Contract expressly requires the specific service to be provided or purchased by the person performing the Work or the service is integral to the performance of the Work. 3. Products, materials,and services are not tax exempt if they are used by the Contractor but are not physically incorporated into the Owner's facilities or are not consumed by construction as defined above. Machinery or equipment and its accessories and repair and replacement parts used in the performance of the Work are not exempt. 4. The sum of the amount for tax exempt products,materials, and services and taxable products, materials,and services must equal the Contract Price. END OF SECTION Compliance to Texas Sales Tax Code 00 30 03-1 COR1016S-Mary Rhodes Pipeline Phase 2-Pump Stations/Sedimentation Basin 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Mary Rhode Pipeline Phase 2—Pump Stations/Sedimentation Basin E10008 Offeror certifies that it has not been a party to any collusion among Offerors in the restraint of freedom of competition by agreement to submit a Proposal at a fixed price or to refrain from submitting a Proposal; or with any official or employee of the Owner as to quantity,quality,or price in the prospective contract,or any other terms of said prospective contract; or in any discussion between Offerors and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. • Company Name: Oscar Renda Contracting, Iric. (typed or printed) By: (signature--attach evidence of authority to sign) Name: Frank Renda (typed or printed) Title: Vice President Business address: 608 Henrietta Creek Road Roanoke, TX 76262 Phone: 817-491-2703 Email: frenda=oscarrenda.com END OF SECTION - Non-Collusion Certification 003006-1 COR10165-Mary Rhodes Pipeline Phase 2-Pump Stations/Sedimentation Basin 00 30 04 Conflict of Interest Questionnaire CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, Both Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176 006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. J Name of person who has a business relationship with local governmental entity. n_/a sJ Fix Check this box if you are filing an update to a previously filed questionnaire. The lai,v requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate ) J3 Name of local government officer with whom filer has employment or business relationship. n/•a Name of Officer This section (item 3 including subparts A, B. C & Di must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a). Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income. other than investment income, from the filer of the questionnaire? I 1Yes I x 1 N B Is the filer of the questionnaire receiving or likely to receive taxable income.other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 1 IYes I x 1No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director. or holds an ownership of 10 percent or more? IIYes I x1No D- Describe each employment or business relationship with the local government officer named in this section. „al.( December il, 20(3 ✓ Date Signature of person doing business with the gove°nmental entity Adopted 06292007 RENDA CONTRACTING t_'NANI\IOUS CONSENT Or DIRECTORS OF OSCAR RENDA CONTRACTING. INC. The undersigned, being all of the Directors of Oscar Renda Contracting. Inc. (the "Company"). a Texas corporation,do by this writing consent to take the following action in lieu of a meeting of the Directors of the Company This unanimous consent is executed in accordance INith the previsions of the Bylaws of the Company The undersigned direct that this consent be filed with the minutes of proceedings of the Directors of the Company. This unanimous consent is executed pursuant to Article 9 I OB of the Texas Business Corporation Act, which authorizes the taking of action, by Directors of unanimous consent without a meeting. WHEREAS, from time to time it would he advantageous to the Company that, in addition to the President,Oscar Renda. one or more Vice Presidents or officers he authorized to execute on behalfof the Company contracts and other engagements by and under which the Company ill perform its usual and customary services for others, but expressly not be given the authority to incur debt through loans made to the Company,and the Directors of the Company have • determined that it would he in the best interest of the Company to adopt resolutions that would confirm the authority of the Vice-Presidents or officers to enter into contracts on behalf of the Company. THEREFORE, BE IT RESOLVED by the Directors of the Company as follows: I. In addition to the President,Oscar Renda. as the chief executive officer of the Corporation, the following: Rudolph J. Renda Executive Vice-President Frank Renda General Manager/Vice-President Rudolph V. Renda Regional Managcr'Vice-President Cora Fells freasurerCorporate Secretary Janie Rodriguez Assistant Corporate Secretar has and shall have the authority,and each is hereby authorized and empowered, to enter into construction contracts,bids, offers,proposals,and the like(herein"contracts") both written and oral. in the name and on behalf of the Company, upon such terms and conditions as may be agreed upon by him or her,and the agreement to and execution of all such contracts by him or her shall be(i)conclusive evidence that he or het considers the terms and provisions thereof to be proper, and(ii)an express representation that the President. Executive Vice-President, Vice- President,Treasurer.Corporate Secretary,Corporate Assistant Secretary, as the case may be.has entered into the contract on behalf of the Company pursuant to his or her duties. powers and authority as granted by these resolutions. 2. Third parties wishing to enter into a contract with the Company may rely conclusively upon the authority of Oscar Renda. Rudolph J. Wench, Frank Renda, Rudolph V. Ronda, Corey \bells,or Janie Rodriguez as confirmed by these resolutions. 522 BENSON LANE - ROANOKE,TEXAS 76262 -- 811.4912103 - FAX 811.491.4483 www.ascarrendac.RtraCttntc®m 3. Each of the officers of Company is authorized to take such action from time to time as may be necessary,advisable and proper to carry oat and perform the obligations of Company under contracts entered into pursuant to these resolutions and to do all things necessary' to carry out the intents and purposes of the same. 4. For the action of third parties in reliance hereon.any of the President,a Vice- President,Treasurer,Corporate Secretary,or Corporate Assistant Secretary of Company is authorized to deliver a copy of these resolutions,and further these resolutions shall continue in full force and effect until rescinded by formal action of this board and written notice of rescission delivered to all third parties to whom a copy of these resolutions has previously been given. Dated:January 1, 2012 DIR C 4VRS: Oscar Renda ' Rudolph J.Renda 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder'" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. T Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of x_ Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: Oscar Renda Cont raccing Inc. (typed or printed) By: (signature--attach evidence of authority to sign) Name: Frank Renda (typed or printed) Title: Vice President Business address: 608 Henrietta Creek Road Roanoke, TX 76262 • Phone: 817-491-2703 Email: frenda.-oscarrenda.com END OF SECTION Compliance to State Law on Nonresident Bidders 003002-1 COR10165—Mary Rhodes Pipeline Phase 2—Pump Stations/Sedimentation Basin 00 6113 PERFORMANCE BOND Bond#PRF09149804 Y Contractor as Principal Surety Name: Oscar Renda Contracting, Inc. Name: Zurich American Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 608 Henrietta Creek Rd. 15303 Dallas Parkway,Suite 800 Addison,TX 75001 V Roanoke,TX 76262 Physical address(principal place of business): Owner 15303 Dallas Parkway,Suite 800 Addison,TX 75001 Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs(Engineering) Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: New York Corpus Christi,Texas 78401 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): 972-774-2265 Mary Rhodes Pipeline Phase 2—Pump Stations/ Sedimentation Basin FY 2013-2014 Project No. E10008 Telephone(for notice of claim): 1-800-654-5155 Local Agent for Surety Name: Frank Siddons Insurance Agency Fort Worth,Inc. Award Date of the Contract: February 25,2014 Address: 2900 Marquita Drive Fort Worth,TX 76116 Contract Price: 529,167,288.00 Bond Telephone: 817-737-4943 Date of Bond: February 25,2014 Y/, (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll free number:1-800-252-3439 be deemed an original. Performance Bond 00 6113-1 Corpus Christi Standards-Regular Projects 09-25-2013 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 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 Oscar Renda Contracting,Inc. Surety Zurich American Insurance Company Signature: Signature: A'S Name: Frank Renda Name: Holly A.Gravenor Title: Vice President Title: Attorney-In-Fact Email Address: frenda @oscarrenda.con Email Address: hgravenor@fsifw.com (Attach Power of Attorney and place surety seal below) • END OF SECTION Performance Bond 00 61 13-2 Corpus Christi Standards-Regular Projects 09-25-2013 00 6116 PAYMENT BOND Bond#PRF09149804 Contractor as Principal Surety Name: Oscar Renda Contracting, Inc. Name: Zurich American Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 608 Henrietta Creek Road 15303 Dallas Parkway,Suite 800 Addison,TX 75001 Roanoke,TX 76262 Physical address(principal place of business): 15303 Dallas Parkway,Suite 800 Owner Addison,TX 75001 Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs(Engineering) Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: New York Corpus Christi,Texas 78401 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): 972-774-2265 Mary Rhodes Pipeline Phase 2—Pump Stations/ Sedimentation Basin FY 2013-2014 Proiect No. E10008 Telephone (for notice of claim): 1-800-654-5155 Local Agent for Surety Name: Frank Siddons Insurance Agency Fort Worth,Inc. Award Date of the Contract: February 25,2014 Address: 2900 Marquita Drive Fort Worth,TX 76116 Contract Price: $29,167,288.00 Bond Telephone: 817-737-4943 Date of Bond: February 25,2014 1 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll free number:1-800-252-3439 be deemed an original. Payment Bond Form 00 61 16-1 Corpus Christi Standards-Regular Projects 09-25-2013 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 Oscar Renda Contracting, Inc. Surety Zurich American Insurance Company Signature: Signature: �} 6 e a e Name: Frank Renda Name: Holly A.Gravenor Title: Vice President Title: Attorney-In-Fact Email Address: frenda @oscarrenda.com Email Address: hgravenor @fsifw.com (Attach Power of Attorney and place surety seal below) • END OF SECTION Payment Bond Form 00 61 16-2 Corpus Christi Standards-Regular Projects 09-25-2013 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by GEOFFREY DELISIO, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Steven B. SIDDONS, Holly A. GRAVENOR, Lorrie SCOTT and Shirong CHEN, all of Fort Worth, Texas, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians. and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 3rd day of July,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'wp otr p f�i 490.";;;;;;;.-� mss (EAL 3 .m 'i o'• woe /), 44#11/ ail6r* Assistant Secretary Vice President Eric D.Barnes Geoffrey Delisio State of Maryland City of Baltimore On this 3rd day of July,A.D.2012,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,GEOFFREY DELISIO,Vice President,and ERIC D.BARNES,Assistant Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. L4„r2 i/;.........pi`s.. '//,/11■111\\‘ Constance A.Dunn,Notary Public My Commission Expires:July 14,2015 POA-F 168-0078C EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN T STIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this c�571ay of �-c-,� ,20/y 10, a ;a4, Y . 4. ilk wee 411 UAL James M.Carroll,Vice President FFidelity and Deposit Companies ® Home Office: 3910 Keswick Road Baltimore_,MD 21211 gam', IMPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, andlor Zurich American Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-654-5155 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX# (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for infoiination only and does not become a part or condition of the attached document. A SS 43i(Ta)(03101) ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance.Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_._. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act)with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be:an act of terrorism; 2. to be:a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation)or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003