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HomeMy WebLinkAboutC2014-075 - 4/8/2014 - Approved STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING Service Agreement No. THIS Storm Water Improved Rights-of-Way Strip Mowing (this "Agreement") is entered into by and between Maldonado Nursery and Landscape, inc• (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee("City Manager'),effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Storm Water Improved Rights-of-Way Strip Mowing in response to Bid Invitation No. BI-0079-14 (which includes Specification No. 1104, dated 11/14/13)which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW,THEREFORE,Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Storm Water Improved Rights-of-Way Strip Mowing in accordance with Bid Invitation No.BI-0079-14(which includes Specification 1104,dated 11/14/13). 2.Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one(1)year thereafter. The term includes an option to extend for up to two (2) additional twelve (12) month periods subject to the approval of the Contractor and the City Manager or his designee. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Storm Water Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Storm Water Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation,material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance 2014-075 4/08/14 M2014-044 Maldonado Nursery and INDEXED Landscape of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7.Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City(the City's fiscal year ends on July 31St),is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8.Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI-0079-14(which includes Specification No. 1104,dated 11/14/13), or the Contractor's bid offer to Bid Invitation No.BI-0079-14 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi,Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district,county or justice court in and for Nueces County,Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors,however,the Contractor must obtain prior written approval from the Storm Water Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11.Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12.Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No.BI-0079-14(which includes Specification No.1104, dated 11/14/13). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period,the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety(90)days'written notice to the City. 14.Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15.Violence Policy.The Contractor must adopt a Violence in the Workplace policy. 16.Notice. Notice may be given by fax,hand delivery or certified mail,postage prepaid,and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi,Texas 78469-9277 IF TO CONTRACTOR: Contractor Maldonado Nurser and Landscape,headqtrs. Contact Victoria Miller Address: 16348 Nacogdoches Rd City, State, San Antonio Texas 78247 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement,at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and,if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law,such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY HIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this V� ay of J ,rere,- 20\� . Contractor Maldonado Nursery and Landscape •c�-� �p�X�.orz�� ctor Maldonado 1117114- Title: Maldonado Nursery and Landscape Division Manager-Corpus Christi CITY OF CORPUS CHRISTI("CITY") •�_ ,c, v ln' E F' Da.e c H As E L sistant Director of Financial Services ATTEST awl A.. Ate' REBECCA KitERT/A Incorporated by Reference: C1 "Y S€C.RETARY Exhibit A: Bid Invitation No.BI-0079-14 Exhibit B: Bidder's Bid Zo14 - � KWu 11T MOCK 1JLuL crevr1'Atty DATE(MM/DD/YYYY) AC o® CERTIFICATE OF LIABILITY INSURANCE 4/1/2014 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). CONT PRODUCER Wortham Insurance& Risk Management NAMEACT P.O. Box 795008 PHONE FAX San Antonio, TX 78279 (A/C.Lo.Est): (A/C,No): ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# www.worthamsa.com INSURER A: State Auto Mutual Insurance Company 25135 INSURED INSURER B: Meridian Security Insurance Company 23353 Maldonado Nursery&Landscaping Inc. 16348 Nacogdoches Road INSURER C: Western Surety Company San AntonioTX 78247 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 19691377 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W /Y LIMITS LTR INSD VD POLICY NUMBER (MM/DDYYYI (MM/DD/YYYY) A / COMMERCIAL GENERAL LIABILITY PBP2520180 5/26/2013 5/26/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENE CLAIMS-MADE ✓ OCCUR PREMISES Ea occur ence) $ 100,000 ✓ On&Off Site Coverage MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ✓ JET LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP2261781 5/26/2013 5/26/2014 (Ee aocideDtSINGLE LIMIT $ 1,000,000 s/ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ ✓ HIRED AUTOS ✓ AUTOS (Per accident) A / UMBRELLA LIAB / OCCUR PBP2520180 5/26/2013 5/26/2014 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED ✓ RETENTION$1 0,000 $ B WORKERS COMPENSATION WCP2145155 5/26/2013 5/26/2014 y/ STATUTE �RH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED?EXR YNN N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER (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 Dishonesty Bond 70673285 3/30/2012 3/30/2015 $100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Please note the certificate will not contain any wording in the Description of Operations section as per the new SB425 Texas Law. Instead we have attached the endorsements which correspond to the insurance requirements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 9277 Corpus Christi TX 78469-9277 AUTHORIZED REPRESENTATIVE q I (SA)West Warren ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD CERT NO.: 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9:24:15 AM Page 1 of 15 BAP2261781 4/1/2014 COMMERCIAL AUTO CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO 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 modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: ;5/26/2013 Named Insured: Maldonado Nursery& Landscaping Inc. (Authorized Representative) 16348 Nacogdoches Road SCHEDULE Number of Days' Notice 30 Name Of Person Or Organization ANY PERSON OR ORGANIZATION WITH WHOM THE NAMED INSURED HAS ENTERED INTO A WRITTEN CONTRACT REQUIRING WRITTEN Address NOTICE OF CANCELLATION PER CERTIFICATES ON FILE WITH COMPANY. EXCEPT 10 DAYS NOTICE SHALL BE GIVEN FOR NON-PAYMENT If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of days notice indicated in the Schedule. CA 02 44 06 04 ©ISO Properties, Inc., 2003 Page 1 of 1 ❑ CERT NO.: 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9:24:15 AM Page 2 of 15 4/1/2014 Maldonado Nursery&Landscaping Inc. PBP2520180 16348 Nacogdoches Road COMMERCIAL LIABILITY UMBRELLA CU 74 67 11 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Under SECTION II—WHO IS AN INSURED, the following is added to paragraph 3: If coverage provided to any additional insured is required by a written contract or agreement, we will provide coverage to the additional insured on a primary basis without contribution from any other valid and collectible insurance available to the additional insured. The most we will pay under this insurance on a primary basis without contribution from any other valid and collectible insurance is the amount of insurance required by the written contract or agreement or the Each Occurrence Limit shown in the Commercial Liability Umbrella Declarations.whichever is less. Under SECTION IV—CONDITIONS, paragraph 5. Other Insurance does not apply to coverage provided by this endorsement, Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright Insurance Services Office, Inc. 1994 CU 74 67 11 07 CERT NO.: 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9:24:15 AM Page 3 of 15 STATE AUTO PBP2520180 4/1/2014 Insurance Companies Maldonado Nursery& Landscaping Inc. PBP 2520180 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATIONS (INCLUDING COMPLETED OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Person(s) Or Location(s) Of Covered Operations Organization(s) BLANKET WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The words "you" and "your" as used in this endorsement refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under the policy to which this endorsement is attached. "You" and "your" do not refer to an additional insured. B. The following is added to Section II - Who Is An Insured: 1. Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule at the location(s) designated above, but such person or organization is an additional insured only with respect to:: a. Liability for "bodily injury", "property damage", or "personal injury and advertising injury" caused, in whole or in part, by (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; In the performance of your ongoing operations. A person's or organization's status as an additional insured for ongoing operations ends when your operations for that additional insured are completed. b. Liability for "bodily injury" or "property damage" caused in whole or in part, by "your work" included in the "products-completed operations hazard" when you and such person or organization have agreed in a written contract or written agreement that you are required to provide the additional insured with such coverage. 2. With respect to the insurance afforded to the additional insured described above, the following additional exclusions or limitations apply: a. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render any professional engineering, architectural or surveying services by you or others on your behalf, including: (1) The preparing, approving, failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or (2) Supervisory or inspection activities performed as part of any related architectural or engineering activities. However, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. b. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of, or for defects in design provided by, the additional insured or its "employees". SL 10 23 12 09 Page 1 of 2 •//411023-200912 Includes copyrighted materials of Insurance Services Office. Inc., with its permission CERT NO 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9:24:15 AM Page 4 of 15 PnMM Issue Date 05/31/2012 09:19:56 AM ,y,,,,, OI:3I TS /� STATE AUTO° C J Insurance Companies PBP 2520180 03 c. With respect to the person or organization added as an additional insured by this endorsement V paragraph 9.f. of Section V - Definitions does not apply to "bodily injury" or "property damage" included within the "products-completed operations hazard" unless such contractual assumption of liability is specifically required by a written contract or written agreement. d. The insurance as provided in this endorsement does not apply to "bodily injury", "property damage" or "personal and advertising injury" caused by "your work" for which a consolidated (wrap-up) insurance program has been provided by the prime contractor, project manager or owner of a construction project in which you are involved. e. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" included in the "products-completed operations hazard" unless you are required to provide such s coverage for the additional insured by a written contract or written agreement. The contract or ro) agreement must be in effect during this policy period and signed and executed by you prior to the o loss for which coverage is sought. Coverage for the additional insured is provided only for the lesser coo of: (i) the period of time required by such contract or agreement or (ii) the end of the policy period. o In no event will coverage for the additional insured extend beyond the expiration date of the policy. in 3. The Limits of Insurance applicable to an additional insured are those specified in the written contract or a written agreement or in the Declarations of this policy, whichever is less. These limits are inclusive of, and are not in addition to, the Limits of Insurance shown on the Declarations. 4. With respect to the coverage provided under this endorsement to the additional insured, the following is Cr-) added to paragraph 4.a.. Other Insurance, of Section IV - Commercial General Liability Conditions: However, if a written contract or written agreement in effect during the policy period and signed and o executed by you prior to the loss for which coverage is sought specifically requires this insurance to be °o either primary or primary and non-contributory, this insurance will comply with that requirement. m 5. As a condition of coverage, each additional insured must: a. Give us prompt written notice of any "occurrence" or offense which may result in a claim and • prompt written notice of "suit". b. Immediately forward all legal papers to us, cooperate in the investigation or settlement of the claim or defense against the "suit," and otherwise comply with policy conditions. c. Tender the defense and indemnity of any claim or "suit" to. any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured under arm any applicable policy definition. For purposes of this requirement, the term "insures against" refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested, demanded, or targeted tender that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d. Agree to make available any other insurance that the additional insured has for a loss we cover = under this endorsement. immmmmmm mmmmmmO SL 10 23 12 09 Page 2 of 2 •//.SL1023-200912 Includes copyrighted materials of Insurance Services Office, Inc.. with its permission MEmmEME SO▪MMEMB MENEM MENEM EEBEEEE EB▪EEMEE iiiiiiii UMENEMI CERT NO.: 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9:24:15 AM Page 5 of 15 Issue Date 05/31/2012 09:19:56 AM U 2 0 1:»:n PBP2520180 4/1/2014 Maldonado Nursery& Landscaping Inc. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. .ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS (INCLUDING.COMPLETED OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The words'you"and"your"as used in this endorsement refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under the policy to which this endorsement is attached. 'You"and"your"do not refer to an additional insured. B. The following is added to Section II—Who Is An Insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional Insured only with respect to: a. Liability for"bodily injury","property damage"or"personal and advertising injury"caused, in whole or in part,by: (1) Your acts or omissions;or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured. A person or organization's status as an additional insured for ongoing operations ends when your operations for that additional insured are completed. b. Liability for"bodily injury"or"property damage"caused in whole or in part, by"your work"at the location designated and described in the written contract or written agreement with that additional insured and included within the"products-completed operations hazard". 2. With respect to the insurance afforded to the additional insured described above,the following additional exclusions or limitations apply:: a. This insurance does not apply to "bodily injury"or"property damage"caused by your ongoing operations,or"your work"included in the"products-completed operations hazard", unless you are required to provide such coverage for the additional insured by a written contract or agreement. The contract or agreement must be in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought.Coverage for the additional insured is provided only for the lesser of:(i)the period of time required by such contract or agreement;or(ii)the end of the policy period. In no event will coverage for the additional insured extend beyond the expiration date of the policy. b. This insurance does not apply to'bodily injury", 'property damage"or'personal and advertising injury"arising out of the rendering of, or the failure to render any professional engineering, architectural or surveying services by you or others on your behalf, including: (1) The preparing,approving,falling to prepare approve,maps, shop drawings, opinions, reports, surveys,field orders, change orders,or drawings and specifications;or (2) Supervisor or inspection activities performed as part of any related architectural or engineering activities. However,professional services do not include services within construction means,methods, techniques,sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. SL 10 24 01 08 includes copyrighted material of Page 1 of 2 Insurance Services Office,with its permission CERT NO.: 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9:24:15 AM Page 6 of 15 c. This insurance does not apply to"bodily injury", "property damage"or"personal and advertising • injury'arising out of the sole negligence or willful misconduct of, or defects in design provided by,the additional insured or its"employees". d. This insurance does not apply to"bodily injury"or"property damage": (1) Occurring after all work,including materials, parts or equipment furnished in connection with such work,on the project(other than service,maintenance, or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (2) Once the location designated and described in the written contract or written agreement has been put'to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project, except to the extent a written contract or written agreement requires coverage to be provided for "bodily injury"or"property damage"included within the"products-completed operations hazard". e. With respect to any person or organization added as an additional insured by this endorsement, paragraph 9.f.of Section V—Definitions—Commercial General Liability policy does not apply to "bodily injury"or"property damage"included within the"products-completed operations hazard" unless such contractual assumption of liability is specifically required by a written contract or written agreement. f. The insurance as provided in this endorsement does not apply to"bodily injury","property damage"or "personal and advertising injury"caused by"your work"for which a consolidated(wrap-up)insurance program has been provided by the prime contractor,project manager or owner of a construction project in which you are involved. 3. The Limits of Insurance applicable to an additional insured are those specified in the written contract or written agreement or in the Declarations of this policy,whichever is less. These limits are inclusive of, and are not in addition to,the Limits of Insurance shown on the Declarations. 4. With respect to the coverage provided under this endorsement to an additional insured,the following is added to paragraph 4.a.,Other insurance,of Section IV—Commercial General Liability Conditions: However, if a written contract or written agreement in effect during the policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires this insurance to be either primary or primary and non-contributory, this insurance will comply with that requirement. 5. As a condition of coverage,each additional insured must: a. Give us prompt written notice of any"occurrence'or offense which may result in a claim and prompt written notice of"suit". b. Immediately forward all legal papers to us, cooperate in the investigation or settlement of the claim or defense against the"suit," and otherwise comply with policy conditions. c. Tender the defense and indemnity of any claim or"suit"to any other insurer which also insures against a loss we cover under this endorsement.This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured under any • applicable policy definition. For purposes of this requirement,the term "insures against"refers to any self-insurance and to any insurer which issued a policy of Insurance that may provide coverage for • the loss, regardless of whether the additional insured has actually requested,demanded,or targeted tender that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d. Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. ti SL 10 24 01 08 Includes copyrighted material of Page 2 of 2 Insurance Services Office,with its permission CERT NO 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9:24:15 AM Page 7 of 15 4/1/2014 Maldonado Nursery& Landscaping Inc. POLICY NUMBER: PBP2520180 COMMERCIAL GENERAL LIABILITY CO 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: "30 DAY NOTICE OF CANCELLATION APPLIES 2. Address: TO ALL ENTITIES ON LIST MAINTAINED ON FILE BY COMPANY." 3. Number of days advance notice:030 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Ol N O O a CG 02 0512 04 Copyright, ISO Properties, Inc.,2003 Page 1 of 1 CERT NO.: 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9,24:15 AM Page B of 15 WFS MALD WCP*R 42W0RT0004491 078247 STATE AUTO° STANDARD WORKERS COMPENSATION 40 AND EMPLOYERS UABILITY POLICY Insurance Companies AGENT COPY WCP 2145155 02 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY 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 3A. 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 (XX Blanket Waiver 2. Operations: 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: WC420304A (01/00) Page 1 of 1 •//•WC420304A-200001 Maldonado Nursery&Landscaping Inc. WCP2145155 4/1/2014 CERT NO.: 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9:24:15 AM Page 9 of 15 00000112 MOM. 00011)11 01:1411 BAP2261781 4/1/2014 Maldonado Nursery&Landscaping Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS BUSINESS AUTO POLICY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM CONTENTS: A. ADDITIONAL INSURED-AUTOMATIC STATUS B. BROADENED INSURED C. DUTIES IN THE EVENT OF AN ACCIDENT,CLAIM,SUIT OR LOSS CONDITION D. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS • E. RESULTANT MENTAL ANGUISH F. AMENDMENT OF FELLOW EMPLOYEE LIABILITY EXCLUSION G. EMPLOYEES AS INSUREDS H. EMPLOYEE HIRED AUTOS I. INCREASED BAIL BONDS AND LOSS OF EARNINGS J. INCREASED TRANSPORTATION EXPENSE-TOTAL THEFT OF A COVERED AUTO K. INCREASED LOSS OF USE EXPENSE L. ACCIDENTAL DISCHARGE OF AIRBAG COVERAGE M. GLASS REPAIR DEDUCTIBLE WAIVER N. COLLISION DEDUCTIBLE WAIVER O. TOWING P. AUTO LOAN/LEASE GAP COVERAGE Q. PERSONAL EFFECTS COVERAGE R. LOCKSMITH SERVICES S. TAPES, RECORDS AND DISCS COVERAGE T. HIRED AUTO PHYSICAL DAMAGE U. HIRED PRIVATE PASSENGER AUTOS AND LIGHT TRUCKS-WORLDWIDE COVERAGE V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US A. ADDITIONAL INSURED-AUTOMATIC STATUS Item 1.c.of SECTION iI-LIABILITY COVERAGE is deleted and replaced with the following: c. Anyone liable for the conduct of an"insured"described above but only to the extent of that liability. This includes,but is not limited to,any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract or a written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured under this policy only with respect to liability caused in whole or in part by your acts or omissions in the performance of your ongoing operations for the additional insured. A person or organization's status as an additional insured for ongoing operations under this policy ends when your operations for the additional"insured"are completed or when this policy is cancelled,whichever occurs first. SA 30 02 06 08 Page 1 of 5 CERT NO 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9:24:15 AM Page 10 of 15 • B. BROADENED INSURED The following paragraph is added to SECTION II-WHO IS AN INSURED: d. Any organization of yours,other than a partnership or joint venture,of which you own a financial interest of more than 50%as of the effective date of this Coverage part,will qualify as an "insured". However,such organization will not qualify as an"insured"if it is also an Insured" under another policy,other than a policy written to apply specifically in excess of this Coverage Part or would be an "insured'under such policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as an"insured"only while you own • a financial interest of more than 50%in the organization during the policy period. e. Any organization that is acquired or formed by you,other than a partnership or joint venture,of which you own a financial interest of more than 50%will qualify as an"insured". However,such organization will not qualify as an"insured"if it is also an"insured"under another policy,other than a policy written to apply specifically in excess of this Coverage Part or would be an"insured" under such policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as an"insured"only while you own a financial interest of more than 50%in the organization during the policy period. - This provision does not include: (1) any organization 180 days or more after its acquisition or formation;or (2) "bodily injury","property damage"or"covered pollution cost or expense"caused by an "accident"that occurred before you acquired or formed the organization. C. DUTIES IN THE EVENT OF AN ACCIDENT,CLAIM,SUIT OR LOSS CONDITION The following paragraph is added to the end of Paragraph A.2., SECTION IV-BUSINESS AUTO CONDITIONS: Your obligation to notify us promptly of an°accident",claim,"suit'or loss"is satisfied if you send us written notice as soon as practicable after any of your executive officers,directors,partners, insurance managers,legal representatives, or"employees"authorized by you to give or receive notices becomes aware of or should have become aware of such"accident",claim,'suit"or'loss". If you report an"accident"or loss"to your workers compensation insurer which later becomes a claim under this coverage part,failure to report such"accident"or"loss"to us at the time of the"accident"or 'loss"will not be considered a violation of this Condition,if you notify us as soon as practicable when you become aware that the"accident"or"loss"has become a liability claim. D. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following paragraph is added to Paragraph B.of SECTION IV-BUSINESS AUTO CONDITIONS: Based on our reliance on your representations of existing hazards,if you unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure:__ -- -_. --- • .__ -E. RESULTANT MENTAL ANGUISH The definition of"bodily injury"is SECTION V-DEFINITIONS is replaced by the following" "Bodily injury"means bodily injury,sickness or disease sustained by any person,including mental anguish or death resulting from any of these. F. AMENDMENT OF FELLOW EMPLOYEE LIABILITY EXCLUSION The Fellow Employee Exclusion contained in Section II-Liability Coverage does not apply if the"bodily injury"results from the use of a covered"auto"you own or hire. The insurance granted under this provision is excess over any other collectible insurance SA30020608 Page2of5 CERT NO.: 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9:24:15 AM Page 11 of 15 G. EMPLOYEES AS INSUREDS The following is added to the SECTION II-LIABILITY COVERAGE, Paragraph A.1.Who Is An Insured provision: Any"employee"of yours is an"insured"while using a covered"auto"you don't own, hire or borrow in your business or your personal affairs. H. EMPLOYEES HIRED AUTOS The following is added to the SECTION II-LIABILITY COVERAGE, Paragraph A.1.Who Is An Insured provision: Any"employee"of yours is an Insured"while operating an"auto"hired or rented under a contract or agreement in that"employee's"name,with your permission,while performing duties related to the conduct of your business. . SECTION IV-BUSINESS AUTO CONDITIONS, B.General Conditions, 5.b. Other Insurance is replaced by the following: For Hired Auto Physical Damage Coverage,the following are deemed to be covered°autos"you own: 1. Any covered"auto"you lease, hire,rent or borrow;and 2. Any covered"auto"hired or rented by your"employee"under a contract in that individual "employee's"name,with your permission,while performing duties related to the conduct of your business. _ However, any"auto"that is leased,hired, rented or borrowed with a driver is not a covered"auto". f. INCREASED BAIL BONDS AND LOSS OF EARNINGS SECTION II-LIABILITY COVERAGE,A.2.Coverage Extensions, a. Supplementary Payments is amended by: 1. Replace the$2,000 limit for cost of bail bonds with$5,000 in paragraph(2);and 2. Replace the$250 a day limit for reasonable expenses including actual loss of earnings with$500 a day in paragraph(4). J. INCREASED TRANSPORTATION EXPENSE-TOTAL THEFT OF A COVERED AUTO SECTION III-PHYSICAL DAMAGE COVERAGE,A.4. Coverage Extensions, a.Transportation Expenses, is amended by replacing$20 per day with$60 per day,and the$600 maximum with$1,800 maximum. This extension applies to all covered"autos"with a Gross Vehicle Weight of less than 10,001 pounds. _ . K. INCREASED LOSS OF USE EXPENSES _ • SECTION III-PHYSICAL DAMAGE COVERAGE,A.4. Coverage Extensions,b. Loss Of Use Expenses, is amended by replacing$20 per day with$60 per day,and the$600 maximum with$1,800 maximum. L. ACCIDENTAL DISCHARGE OF AIRBAG COVERAGE The following is added to Exclusion B.3.a.of SECTION III-PHYSICAL DAMAGE COVERAGE: However, this exclusion does not apply to the accidental discharge of an airbag. M. GLASS REPAIR DEDUCTIBLE WAIVER The following is added to paragraph D.of SECTION III-PHYSICAL DAMAGE COVERAGE: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. SA 30 02 06 08 Page 3 of 5 CERT NO.: 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9:24:15 AM Page 12 of 15 N. COLLISION DEDUCTIBLE WAIVER The following is added to paragraph D.of SECTION III—PHYSICAL DAMAGE COVERAGE: When a covered"auto"insured for Collision coverage under this policy collides with another"auto"we insure,the Collision deductible applicable to the covered"auto"or"autos"insured under this policy shall not apply. O. TOWING SECTION III—PHYSICAL DAMAGE COVERAGE,A.2.Towing,is replaced by replacing the following: 2. Towing We will pay up to$75 for towing and labor costs incurred each time an"auto"with a Gross Vehicle Weight of less than 10,001 pounds is disabled if the declarations indicate that either Comprehensive Coverage or Specified Causes of Loss Coverage and Collision Coverage are provided for that"auto". P. AUTO LOAN/LEASE GAP COVERAGE -- ' -- The following is added to SECTION III—PHYSICAL DAMAGE COVERAGE: In the event of a total loss"to a covered"auto"shown in the Schedule or Declarations,we will pay any unpaid amount due on the lease or loan for a covered"auto',less: 1. Overdue payments and financial penalties associated with those payments as of the date of the `total loss"; 2. The carryover,transfer or rollover of a previous outstanding lease or loan balance from another vehicle to the original lease or loan for the scheduled"auto"; 3. The dollar amount of any unrepaired damage which occurred prior to the total loss"of the scheduled"auto"; 4. All refunds paid or payable to you as a result of the early termination of the lease of loan agreement or,to the extent financed,as a result of the early termination of any warranty or extended service agreement on the scheduled"auto"; 5. Financial penalties imposed under a lease agreement for high mileage,excessive use or abnormal wear and tear; 6. Nonrefundable security deposits;and 7. Costs for extended warranties,Credit Life insurance, Health,Accident or Disability Insurance purchased with the loan or lease. The following is added to paragraph A. Loss Conditions of SECTION IV—BUSINESS AUTO CONDITIONS: Lease/Loan Gap Coverage shall apply to the remaining term of the original lease or loan agreement written on the scheduled'auto"at the time of total°loss". Q. PERSONAL EFFECTS COVERAGE The following is added to SECTION III—PHYSICAL DAMAGE COVERAGE,A.4.Coverage Extensions: c. Personal Effects We will pay up to$500 for"loss"to personal effects which are: (1) owned by an Insured";and (2) in or on a covered"auto". This coverage applies only in the event of a total theft of a covered"auto". No deductible applies to this coverage. Tapes,records,discs or other similar devices used with audio, visual or data electronic equipment are not considered personal effects. SA 30 02 06 08 Page 4 of 5 CERT NO.: 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9:24:15 AM Page 13 of 15 R. LOCKSMITH SERVICES The following is added to SECTION III—PHYSICAL DAMAGE COVERAGE,A.4.Coverage Extensions: d. Locksmith Services We will pay up to$100 for necessary locksmith services incurred because keys to a covered "auto"have been lost,stolen or damaged. No deductible applies to this coverage. S. TAPES,RECORDS AND DISCS COVERAGE Exclusion B.4.a.of SECTION III—PHYSICAL DAMAGE COVERAGE does not apply. The following is added to SECTION III—PHYSICAL DAMAGE COVERAGE,A.4. Coverage Extensions: e. Tapes,Records And Discs Coverage Under Comprehensive Coverage we will pay for loss"to tapes, records, discs or other similar devices used with audio,visual or data electronic equipment. We will pay only if the tapes, records,discs or other similar audio, visual or data electronic devices: • - (1) Are your property or that of a family member or employee (2) Are in a covered"auto"at the time of"loss". The most we will pay for"loss"is$200. - T. HIRED AUTO PHYSICAL DAMAGE • - .. If hired"autos"are covered"autos"for Liability Coverage,then Comprehensive and Collision coverages are extended to an"auto"you lease,hire, rent,or borrow subject to the following: 1. The most we will pay for"loss"to any leased,hired,rented, or borrowed"auto"is the Actual Cash Value or the cost to repair the"auto",whichever is smallest. 2. The deductible for Hired Auto Physical Damage will be equal to the largest deductible • applicable to any owned"auto"scheduled on this policy for that coverage. No deductible applies to loss by fire or lightning. 3. If the"loss"to the leased, hired, rented,or borrowed"auto"is covered by Comprehensive Coverage,and if no owned"auto"scheduled on this policy is insured for Comprehensive Coverage,a$100 deductible will apply to the"loss". 4. if the"loss"to the leased,hired, rented,or borrowed"auto"is covered by Collision Coverage, and if no owned"auto"scheduled on this policy is insured for Collision Coverage, a$1,000 deductible will apply to the"loss". U. HIRED PRIVATE PASSENGER AUTOS AND LIGHT TRUCKS—WORLDWIDE COVERAGE Paragraph B. 7.e.(1)of Section IV—BUSINESS AUTO CONDITIONS—Policy Period,Coverage Territory is replaced by the following: _ A covered"auto"of the private passenger type or a light truck with Gross Vehicle Weight less than 10,001 pounds is leased, hired, rented or borrowed without a driver for a period of 30 days or less;and V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Section IV—BUSINESS AUTO CONDITIONS A.5.Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required by you under a written contract executed prior to any"accident"or"loss", provided the"accident"or"loss' arises out of operations contemplated by such contract, This waiver applies only to the person or organization designated in such contract. SA 30 02 06 08 Page 5 of 5 CERT NO.: 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9:24:10 AM Page 14 of 15 • STATE AUTO® Maldonado Nursery& Landscaping Inc. 5/26/2013 M`L-� Insurance Companies PBP2520180 5/26/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Section IV - Condition 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization which, before the loss, you have agreed in writing to waive your right of recovery. SL 11 73 12 11 Page 1 of 1 •//•SL1173-201112 Includes copyrighted material of Insurance Services Office, Inc., with it permission CERT NO.: 19691377 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 4/1/2014 9:24:15 AM Page 15 of 15 00/21112 08.13:00