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HomeMy WebLinkAboutC2014-212 - 7/15/2014 - Approved 2014-212 7/15/14 LNV Inc. 1:1 M2014-093 CONTRACT DOCUMENTS E FOR CONSTRUCTION OF i ANIMAL CONTROL F 1.J REMODEL IMPROVEMENTS L.„ PROJECT NUMBER E12111 ---, BOND NUMBER 2012 r L, ri ... 1-7 . assor ram klierlW 1....1' City of , cr ,, V tik ft I ri 141 ; -4- Corpus t i ! I , . Christi . of fi—f5i-P t...14. I i Chuck Anastos Associates, LLC 1 1 . . 1 j Record Drawing Number PBG 795 i 1 - . 1 28 April 2014 ...._, 1 L L 00 01 00 TABLE OF CONTENTS I ) L ____. ..,, ,, ____., -It,1 Di -i.'Ilya _f.--2 r; -,'7,-:-.1,-_. - : - ' - ,74-:'_:-..47e,,.;: '''-'::.;-7,--, if,- ;j,1-!,,.,, ,,v„.4_ ; , - .,, Division 00 Procurement and Contracting Requirements Li 00 11 16 Invitation to Bid 00 21 13 Instructions to Bidders 00 3000 Bid Form 00 30 01 Bid Form Exhibit A 00 30 02 Compliance to State Law on Nonresident Bidders L00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification 00 4516 Statement of Experience L00 52 23 Agreement 00 6113 Performance Bond L 00 61 16 Payment Bond 00 72 00 General Conditions 00 72 01 Insurance Requirements 00 72 02 Wage Rate Requirements 00 72 03 Minority Participation Policy 00 73 00 Supplementary Conditions Division 01 General Requirements 01 1100 Summary of Work 01 23 10 Alternates and Allowances 0129 00 Application for Payment Procedures 0129 01 Measurement and Basis for Payment L01 31 00 Project Management and Coordination 0131 13 Project Coordination L0131 14 Change Management 0133 00 Document Management r L. 0133 01 Submittal Register 0133 02 Shop Drawings 1 1 Table of Contents 00 0100-1 Animal Control Remodel Improvements-E12111 11-25-2013 I }'/ �,; € 111 =% i k; . xxl rur -.}r a91116���II, L Division 05 Metals 05500-T Metal Fabrications Division 06 Wood and Plastics 06112-1 Rough Carpentry 06200-T Finish Carpentry 06400-T Architectural Woodwork Division 07 Thermal and Moisture Protection 07214-T Foamed-in-Place Masonry Wall Insulation 07600-1 Flashing and Sheet Metal 07840-T Firestopping 07900-T Joint Protection Division 08 Doors and Windows 08220-1 Fiberglass Reinforced Door and Frame System J 08710-T Door Hardware 08800-1 Glazing Division 09 Finishes 09300-T Tile 09900-T Paints and Coatings I I L I I Table of Contents 0.010._3 Animal Control Remodel Improvements—E12111 11-25-2013 I ,q ,-_,_, 1 ,, -_-_-„it.77_-_-.. ,,i, „, -7 ,.-..., _ , - _, __ _11,,, --";::. 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''''''+h,,l "i1,7-75 ! - MiG 0 Division 10 Specialties II 10530-T Prefabricated Metal Canopy Division 13 Special Construction 13121-T Metal Building Systems I Division 16 Electrical J 16000-T Electrical General Provisions 16100-T Electrical Systems 16200-T Lighting Fixtures 16300-1 Telephone/Data/Cable Conduit Systems 16400-T Auxiliary Engine-Generator System Appendix TitleI 1 Geotechnical Report 1 END OF SECTION 1I I I I I I _ I / II Table of Contents 00 0100-4 Animal Control Remodel Improvements—E12111 11-25-2013 L I 00 11 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: Name of Project: Animal Control Remodel Improvements Owner's Project Identification No.: E12111 The project consists of all work for an addition and remodel of an existing Euthanasia Facility located at L the City Service Center;including selective demolition of interior and exterior masonry walls,overhead garage doors,chain link gates,window security grates, roofing and sheathing, plumbing fixtures,cast in place concrete,concrete sidewalks and asphalt paving. The building addition walls will be single-wythe L CMU on a concrete foundation,to match existing;treated,engineered wood roof framing,treated plywood rood sheathing,asphalt composite shingle roof system with underlayment;galvanized HM door frames and doors,sectional overhead garage doors, rough and finish hardware;institutional plumbing L fixtures,a walk-in freezer with insulated concrete floor. New construction includes a pre-engineered windstorm resistant certified steel shade structure with drilled concrete pier foundation and concrete slab paving;a gas-fired incinerator/crematorium with a pre-engineered shade structure;an emergency electrical generator on a concrete pad foundation. Existing underground site utilities will need to be extended to serve the incinerator/crematorium and emergency generator. 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$772,250.00. The Project is to be substantially complete and ready for operation within 270 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. IARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: Iwww.publicpurchase.com I 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 3.01 A non-mandatory pre-bid conference for the Project will be held on 20 May 2014 P2:00 PM at Lthe following location: Water Utilities Nueces River Room 2726 Holly Road Corpus Christi,Texas 78415 I LInvitation to Bid 00 1116-1 Animal Control Remodel Improvements—E12111 11-25-2013 L I 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 by noon seven (7)days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 4.02 A response to a question posted on the website that requires modification of the Contract 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 effect. J ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation I Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 5.02 Minority participation for this Project has been established to be 45%of the Contract Price. I 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. 3 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 considered. Failure to provide required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. I ARTICLE 7—DELIVERY OF BIDS 7.01 Sealed Bids must be delivered to the Owner at the address below no later than 4 June 2014 + @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 as follows: The City of Corpus Christi,Texas City Secretary's Office I 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary I Bid-Animal Control Remodel Improvements(Bond 2012), Project No. E12111 Invitation to Bid 001116-2 Animal Control Remodel Improvements—E12111 11-25-2013 I L ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to the lowest responsible Bidder who submits a responsive Bid. 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 L to, L I L I L I 001116-3 Invitation to Bid Animal Control Remodel Improvements—E12111 11-25-2013 I 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS LA. Provide the insurance coverage for at least the following amounts unless greater amounts • ._..--__ i -; _,. ..,- -rare required by Laws and Regulations: 4 a Millar r - 'ovei . Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors L9. Personal&Advertising Injury Business Automobile Liability-Owned, Non Owned,Rented and Leased $1,000,000 Combined Single Limit LWorkers'Compensation Statutory L ) Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence L Contractor's Pollution Liability Insurance, $2,000,000 Per Claim Not limited to sudden and accidental discharge. To include long-term ❑ Required ►5 Not Required environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price L ❑ Required ® Not Required Installation Floater Equal to Contract Price I ❑ Required @ Not Required Owner's Protective Liability Equal to Contractor's liability insurance 0 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. L ) B. Provide endorsements to the policies as outlined in this Section. Insurance Requirements 007201-1 Animal Control Remodel Improvements E12111 11-25-2013 L I 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. 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 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. 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. 2. Claims for damages because of bodily injury,occupational sickness or disease,or death of Contractor's employees. 1 Insurance Requirements 00 72 01-2 Animal Control Remodel Improvements E12111 11-25-2013 L 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: Ii. 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. l 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; 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 I ) h) Any loss to temporary Project Works if their value is included in the Contract Price. Insurance Requirements 007201-3 Animal Control Remodel Improvements E12111 11-25-2013 I 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. I 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 r 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 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. Insurance Requirements 00 72 01-4 Animal Control Remodel Improvements E12111 11-25-2013 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 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 Insurance Requirements 007201-5 Animal Control Remodel Improvements E12111 11-25-2013 1 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. I 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. 3 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. 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified3 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 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 , I Insurance Requirements 00 72 01-6 Animal Control Remodel Improvements E12111 11-25-2013 L 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 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. 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 additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 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; 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. 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 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 1 2. Form is a standard form deemed approved by the Department under Texas Insurance Code§1811.101. 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. Insurance Requirements 007201-7 Animal Control Remodel Improvements E12111 11-25-2013 I B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES t 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. 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 78469-927711 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. 1 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 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 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 I Insurance Requirements 00 72 01-8 Animal Control Remodel Improvements E12111 11-25-2013 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 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 providing services on the Project,for the duration of the Project. 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 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 2. No later than seven days after receipt by the Contractor,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. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. 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: Li. 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 I ) the Project,for the duration of the Project; r irr Insurance Requirements 007201-9 Animal Control Remodel Improvements E12111 11-25-2013 I 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; _ 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; I 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 information may subject the Contractor to administrative penalties,criminal penalties,civil 3 penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the3 Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. I END OF SECTION 1 I 1 I Insurance Requirements 00 72 01-10 Animal Control Remodel Improvements E12111 11-25-2013 I 00 52 23 AGREEMENT This Agreement,for the Project awarded on July 15, 2014, is between the City of Corpus Christi (Owner) and LNV, 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: Prolect Name: Animal Control Remodel Improvements Project Number: E12111 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Chuck Anastos Associates,LLC 901 S.Staples St. Corpus Christi,Texas 78463-3883 2.02 The Owner's Authorized Representative for this Project is: Albert Pardo P.E.—Construction Engr. City of Corpus Christi, Engineering Services Corpus Christi,Texas 78463 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 270 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 300 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 01 35 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 Agreement 00 52 23-1 Animal Control Remodel Improvements-E12111 11-25-2013 , involved in proving in a legal or arbitration proceeding,the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$1000.00 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$1000.00 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 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached 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 Bids,and final payment for all unit price items will be based on actual quantities,determined as provided in the Contract Documents. Total Base Bid +Add Alt. #1 +Add. Alt.#2 $ 879,550.00 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 OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 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. Agreement 00 52 23-2 Animal Control Remodel Improvements-E12111 11-25-2013 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 OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may,at its sole discretion,elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 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 Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; Agreement 00 52 23-3 Animal Control Remodel Improvements-E12111 11-25-2013 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods,techniques,sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations,explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and all additional examinations, investigations,explorations,tests, studies,and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 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 Agreement 00 52 23-4 Animal Control Remodel Improvements-E12111 11-25-2013 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 01 00 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form Exhibit A. b. List as necessary. 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. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Contracts will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Contract must be signed by a person authorized to bind the firm or company* if Contractor is a Corporation contracts must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 00 52 23-5 Animal Control Remodel Improvements-E12111 11-25-2013 The Effective Date of the Contract is . ATTEST CITY OF CORPUS CHRISTI 1-2512-C,C- C"- i''' tirei-v.-1,14— iga 14City Secretary Natasha Fudge, P.E.,it..A ng ttor Capital Programs fir�t" 3.,,AU I tiun(tu APPROVED AST• EGAL FORM: -��( �_� 5Y COUNCIL__._.�.. 9 Veronica • anas SECRfT�AI 1 'C Senior A sistant City Attorney ATTEST(IFC AT P. '1-I. CONTRACTOR LNV, Inc. /,/ (Seal Below) By: /f/ / /7- } - Note: Attach copy of authorization to sign if Title: V' e President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer,or Chief 801 Navigation, Suite 300 Financial Officer Address Corpus Christi Texas 78408 City State Zip 361.883 .1984 361.883 .1986 Phone Fax rviera@lnvinc.com Email END OF SECTION Agreement 00 52 23-6 Animal Control Remodel Improvements-E12111 11-25-2013 [ . F EXHIBIT A PROPOSAL FORM FOR 3 ANIMAL CONTROL REMODEL IMPROVEMENTS BOND 2012 PROJECT NO . E12111 El DEPARTMENT OF ENGINEERING SERVICES ' e 1 CITY OF CORPUS CHRISTI, TEXAS Li i PROPOSAL FORM 00 30 01 Animal Control Remodel Improvements PAGE 1 OF 6 PROPOSAL Place: Date: June 4, 2014 Proposal of LNV, Inc. , a -) Corporation organized and existing under the laws of the State of Texas OR A Partnership or Individual doing business as N/A f-, TO: The City of Corpus Christi, Texas Gentlemen: [ The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: ANIMAL CONTROL REMODEL IMPROVEMENTS — BOND 2012 PROJECT NO. E12111 ,., at the locations set out by the plans and specifications and in I strict accordance with the contract documents for the following prices, to wit: ANIMAL CONTROL REMODEL IMPROVEMENTS - BOND 2012 PROJECT NO. E12111 PROPOSAL FORM 00 30 01 Animal Control Remodel Improvements PAGE 2 OF 6 J 1 [ BASE BID I II III IV BID QTY & BID ITEM EXTENSION ITEM UNIT DESCRIPTION 1. 1 L. S. Consisting of all work for the Renovation of the existing building, Addition and Sitework as shown and in accordance with the plans, Specifications and Contract Document Drawings; complete and in place y 00 per LUMP SUM. $ 7S _ a v TOTAL BASE BID: $ 753 -b,%,. � (BID ITEM 1) LADDITIVE ALTERNATE BID #01 I II III IV [ BID QTY & DESCRIPTION BID ITEM EXTENSION ITEM UNIT AA1. 1 L. S. Provide a crematorium incinerator and infrastructure as described on the Contract Document Drawings, not included in the Base Bid Drawings. ,y. THE TOTAL ADD SHALL BE: $ i/21.5.00 . v, 71 TOTAL ADDITIVE ALTERNATE BID #01: $ 1121 coo.oa ""' (ADDITIVE ALTERNATE BID ITEM A) ADDITIVE ALTERNATE BID #02 I II III IV BID QTY & BID ITEM EXTENSION LiITEM UNIT DESCRIPTION AA2. 1 L.S. Provide a dedicated outside air HVAC system in lieu of theHVAC system I g scheduled in the Base Bid Drawings. : THE TOTAL ADD SHALL BE: $ /3, 3SO• —° TOTAL ADDITIVE ALTERNATE BID #02: $ I3, 3 5�' — j (ADDITIVE ALTERNATE BID ITEM B) [i ri PROPOSAL FORM 00 30 01 Animal Control Remodel Improvements PAGE 3 OF 6 11 LI U [7: , ADDITIVE ALTERNATE BID #03 I II III IV BID QTY & BID ITEM EXTENSI• ITEM UNIT DESCRIPTION AA3 . 1 L.S. Provide an Emergency Generator with g Y concrete foundation and necessary required incidentals and appurtenances [-, in accordance with Contract Document Electrical Drawings. d __ $ 14/11/0•" THE TOTAL ADD SHALL BE: c�0 TOTAL ADDITIVE ALTERN E 10 ; 03: $ 74,1450. — (ADDITIVE ALTERNA E I w C) ADDITIVE ALTERNAT B 1,4 I II III IV BID QTY & BID ITEM EXTENSION ITEM UNIT DES R P AA4. 1 L.S. Provide stainl-ss s e cages in accordance • .th C,i r-ct Document Equipment Pii D . g. THE\T• ADD SHALL BE: $ G y! 100:'2 OTAL ADDITIVE ALTERNATE BID #04: $ Gq, 100 • o c7 -" (ADDITIVE ALTERNATE BID ITEM D) -; ADDITIVE ALTERNATE BID #05 I II III IV ,U, BID QTY & DESCRIPTION BID ITEM EXTENSION ITEM UNI ' AA5. L.S. Provide a Pre-engineered Steel Shade Structure, Foundation, Concrete Paving and Electrical Lighting in accordance with Contract Document Drawings. ea .- THE TOTAL ALLOWANCE SHALL BE: $ J 2 3, 7OV• - } TOTAL ADDITIVE ALTERNATE BID #05: $ /2 3, 70- ' tl (ADDITIVE ALTERNATE BID ITEM E) [-I PROPOSAL FORM 00 30 01 Animal Control Remodel Improvements PAGE 4 OF 6 4 • • BID SUMMARY: TOTAL BASE BID +ADDITIVE ALTERNATE BID #01 = ��0. Q ,ff9 +ADDITIVE •L 'j . j Ills • ' _ + r ' V • BID #04 = d, VE ALTERNATE BID #05 = � O • The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) `_ calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. j Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 270 calendar days from the date designated by a Work Order. ti[If n PROPOSAL FORM 00 30 01 Animal Control Remodel Improvements PAGE 5 OF 6 Li v I 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications, and Contract Documents,this Bid Proposal submitted on:4 June 2014(Wednesday). 1.02 Submit Bids to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Animal Control Remodel Improvements(Bond 2012), Project No. E12111 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 y ; 1 May 30, 2014 1 2 May 30, 2014 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. { FiS u 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost, progress,and performance of the Work. Bid Form 003000-1 Animal Control Remodel Improvements—E12111 11-25-2013 U i 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: 1 . 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. 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. Bid Form 00 30 00-2 Animal Control Remodel Improvements—E12111 11-25-2013 j E 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 for: Base Bid $ 7 5 9 ( 'tOo. •- Additive Bid Alternate 01 $ 12 ,500. "-9 Additive Bid Alternate 02 $ 13 , 3 5 D .=" $ `may 0 ,u `f t .n dditiv, BkI n Itcrn-.tc fJ nn $ G 7 / r - BielBid o Altatcnc !2$ 3, Tod -'b The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid.Owner will,at its discretion,award the contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates. ( ARTICLE 5—EVALUATION OF BIDDERS I \ 5.01 The Owner will consider the greatest amount bid,the Bidder's responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid,reject any and all Bids,to waive any and all 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 responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,including information submitted per SECTION 00 4516 STATEMENT OF EXPERIENCE, 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 Bidder, 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 resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. J Bid Form 00 30 00-3 Animal Control Remodel Improvements—E12111 11-25-2013 -i I ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 270 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 300 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. L, 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. E- C. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. D. SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. 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 Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 1 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 — f Bid Form 003000-4 Animal Control Remodel Improvements—E12111 11-25-2013 [ L 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 Itheir 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 t , have not previously registered with the Texas Secretary of State shall submit a copy of the tiBidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: LNV, In . (ty ed or printed full legal name of Bidder) By: / 02 � ).(/ 1(individual's signature) Name: "obert M. Viera, PE, RPLS (typed or printed) Title: Vice President/Principal (typed or printed) Attest: , ..... (individual's signature) State of Residency: Texas LI Federal Tax Id. No. 74-2951947 Address for giving notices: 801 Navigation Blvd., Suite 300 71 4 Corpus Christi, Texas 78408 Phone: 361-883-1984 Email: RVIERA@LNVINC.com L. (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an [i individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership,or joint venture.) li , END OF SECTION . LiBid Form 00 30 00-5 Animal Control Remodel Improvements—E12111 11-25-2013 LI . I The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number) : 1 (5-30-14) and 2 (5-30-14) Respectfully submitted: 14, Name: Robert Ai4i.la PE RPL • Aligillill, By: �( (S GNATURE) (SEAL - IF BIDDER IS a Corporation) Address : 80‘1 Navigation Blvd., Suite 300 [1. (P.O. Box) (Street) _d Corpus Christi, Texas 78408 (City) (State) (Zip) 1 Telephone: 361-883-1984 [1, s ft u LI , , , , ['i PROPOSAL FORM 00 30 01 Animal Control Remodel Improvements PAGE 6 OF 6 LI L • The Board of Directors of LNV, Inc.,a Texas business corporation, hereby grants full and complete authority to the following Corporate Officers to bind LNV, Inc. on any contractual matters: Dan S. Leyendecker Derek E. Naiser Robert M.Viera Eric A.Trejo Susan Smith-Turrieta Dodd Naiser Russell Morkovsky Janna L. Lenz Amy Hesseltine er 4°.:411110 Edi ;.,,,,��'-': •. • .segv. Dan S. Leyendecker President, Board of Directors State of Texas County of Nueces This instrument was acknowledged before me this 10th day of April,2012 by Dan S. Leyendecker. p7,f,,, :�""�:'�. SANDRA LUZ LARA " ••••,^z Notary Public,State of Texas �;� ti��,= My Commission Expires May 23, 2015 63Y\ 114 Notary Pub is s 'g ature u 3 El . 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. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ® 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: LNV, Inc. [_,, �. 2 (typedtyor printed) By: / j ( • /t'i 7ii (signature—attach evidence of authority to sign) s Name: 'obert M. Viera, PE, RPLS (typed or printed) Title: Vice President/Principal Li Business address: 801 Navigation Blvd., Suite 300 Corpus Christi, Texas 78408 , Phone: 361-883-1984 Email: RVIERA@LNVINC.com LiEND OF SECTION i j u Compliance to State Law on Nonresident Bidders 00 30 02-1 Animal Control Remodel Improvements—E12111 11-25-2013 LI [-, . 00 30 05 City of Corpus Christi Disclosure of Interest [ ) SUPPLIER NUMBER TO BE ASSIGNED BY CITY = PURCHASING DIVISION ` City of CITY OF CORPUS CHRISTI of Corpus DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. "' COMPANY NAME: LNV, Inc. P.O.BOX: STREET ADDRESS:801 Navigation Blvd., Suite 300CITY: Corpus Christi ZIP: 78408' FIRM IS: 1. Corporation ® 2. Partnership 3. Sole Owner 0 4. Association 5. Other `- 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 having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A [i: 2 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title Li N/A [7., 3. State the names of each"board member" of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N/A P 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." [li, Name Consultant N/A [,,, i Li[1, El [ • [ _ 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 will 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 I 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: Robert M. Vier. P RPLS / Title: Vice President/Principal (Type or Print) Signature of Certifying / � f P Date: Person: A June 4, 2014 LDEFINITIONS { a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. L _ 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 :3 substantial segment thereof. -._i c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. 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 6 stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. r 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 --j 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 Lispecial terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus 1# Christi for the purpose of professional consultation and recommendation. Li [1 pi • 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ j For vendor or other person doing business with local governmental entity � 1 This questionnaire reflects changes made to the law by H.B. 1491, 80th 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. Name of person who has a business relationship with local governmental entity. --3 Robert M. Viera, PE, RPLS/LNV, Inc. JCCheck this box if you are filing an update to a previously filed questionnaire. (The law 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.) 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 & D) 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 CIQ 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? Yes X No 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? nYes X No 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? gz Yes X No D. Describe each employment or business relationship with the local government officer named in this section. There are no such relationships. l � June 4, 2014 LiSig ature of person doing business with the governmental entity Date Adopted 06/29/2007 . 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES F OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Animal Control Remodel Improvements(Bond 2012) E12111 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; 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 Bidders 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: LNV, Inc. (typed or printed) By: ` /-j' (signature--attach evidence of authority to sign) Name: Robert M. Viera. PE, RPLS (typed or printed) j Title: Vice President/Principal Business address: 801 Navigation Blvd., Suite 300 Corpus Christi, Texas 78408 Phone: 361-883-1984 Email: RVIERA@LNVINC.com END OF SECTION i i L Non-Collusion Certification 00 30 06-1 Animal Control Remodel Improvements—E12111 11-25-2013 L 00 6113 PERFORMANCE BOND BOND NO. TXC 6 06 56 1 Contractor as Principal Surety Name: LNVLInc. Name: Merchants Bonding Company Mailing address(principal place of business): Mailing address(principal place of business): 801 Navigation Bivd.,Ste.300 2100 Fleur Drive Corpus Christi,TX 78408 Des Moines, IA 50321 Physical address(principal place of business): Owner Same as Above Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services ,/ Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 Iowa 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): E12111 Animal Control Remodel Improvements 515-243-8171 Telephone(for notice of claim): Same as Above Local Agent for Surety Brady, Chapman, Holland Name: Address Associates, Inc . Award Date of the Contract: July 15,2014 10055 West Gulf Bank Contract Price: $879,550.00 Houston, TX 77040 Bond Telephone: 713-688-1500 EmailAddress:dennis.descant@bch-insurance.com July 24 , 2014 / Theaddresssurety company any Date of Bond: of the to which notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept.of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 61 13-1 Corpus Christi Standards-Regular Projects 7-8-2014 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 lithe 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 a e•al action. Contractor as Pr" i Surety Me antBo dint C•mpan Signature: Pr" � • J• Signature: � �- , t OF Name: Atizrr k . Name: Dennis M. Descant, Jr Title: . �� Attorney-in-Fact Title: I(�C-� Title: Email Address: &/e% +t 'fr1 .Coot, Email Address: dennis.descant®bch.insurance.com (Attach Power of Attorney and place surety seal below) • END OF SECTION Performance Bond 00 61 13-2 Corpus Christi Standards-Regular Projects 7-8-2014 00 6116 PAYMENT BOND BOND NO. TXC6 0 6 5 61 Contractor as Principal Surety Name: LNV,inc. Name: Merchants Bonding Company Mailing address(principal place of business): Mailing address(principal place of business): 801 Navigation Blvd.,Ste.300 2100 Fleur Drive Corpus Christi.TX 78408 Des Moines, IA 50321 Physical address(principal place of business): Owner Same as Above Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 Iowa 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): #E12111 Animal Control Remodel improvements Bond2012 515-243-8171 Telephone(for notice of claim): .4, Same as Above Local Agent foSurety Chapman, Holland Name: & Associates, Inc. Award Date of the Contract: July 15,2014 Address: 10055 West Gulf Bank ' Contract Price: 5879,550.00 Houston, TX 77040 Band Telephone: 713-688-1500 Email Address:dennis.descantabch-insurance.com Date of Bond: July 24, 2 014 ' The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept.of insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 Corpus Christi Standards-Regular Projects 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed an 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 ere copse• at length herein. Vel 4e shall lie exclusively in Nueces County, Texa or any legal action. Contractor as Pri / Surety 7 g �� � � Signature: O ( / f ;� Signature: Name: /aW jy1 . i4Name: Dennis M. Descant, Jr. Title: Y iS( , Title: Attorney-in-Fact Email Address: /� Z4 641.11 1444ovN- Email Address: dennis.descant@bch-insurance.com (Attach Power of Attorney and place surety seal below) • ENO OF SECTION Payment Bond Form 00 61 16-2 Corpus Christi Standards-Regular Projects 7-8-2014 • MERCHANT. BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint, individually, Deborah Bishop,Jeffrey L.Brady,Dennis M.Descant,Jr.,Cheryl A.Sanders f of Houston and State of Texas their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION($5,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies. and all the acts of said Attorney-in-Fact, pursuant to the authority herein given. are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 16th day of September , 2013 . ................rys •.......•.•••. .._x(101.,, ••••„ • . ..00�••• MERCHANTS BONDING COMPANY(MUTUAL) f ; pro�pcio 4 . 0 y :COO.''Z) 4.i . MERCHANTS NATIONAL BONDING,INC. •~: •• ' —0- 0'.V. • •/-:...., Z -O- T• ..• -�•• 2oo r,n- Via. 1933 e: a, ovpr; 7 co. STATE OF IOWA •............ ,�ej '+'r.....,... ..,to`' •• .•• COUNTY OF POLK ss. .""'��••""�� •••"• President On this 16th day of September 2013 ,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines. Iowa,the day and year first above written. {. MARANDA GREENWALT ,04,40a,16. . Ln bxrai � Commission Number 770312 • My Commission Expires ow October 28,2014 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 24th day of July , 2014 . �,a �-1lOti,,t%.,, .Ole. .. Co** o4 . • Zt' = •a•• 1933 ;c Secretary S.'VI• 20 0,3 ,.'.C,_ . • ti• .' ,� . POA 0014 (11/11) '. '11.p.• ....••:;-,V •= '• fly �i •'`.. • �.. . MERCHANT BONDING COMPANYTM MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL. BONDING, INC. 2100 FLEUR DRIVE DES MOINES, IOWA 50321-1158 • (800)678-8171 • (515) 243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) / Merchants National Bonding, Inc. 2100 Fleur Drive Des Moines, Iowa 50321-1158 (515) 243-8171 (800) 678-8171 SUP 0073 TX(2/12) „....--ft LNVEN-1 OP ID:SRS A�� O CERTIFICATE OF LIABILITY INSURANCE DATE(MM/2014 ) 07/18/2014 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 CONTNAME: Sabrina Ray _ Iscential PHONE FAX 8220 Jones Road,STE 100 (A/C,No Ext)_713-856-5533 mac,No): 713-856-5999 Houston,TX 77065 E-MAIL Warren E Barhorst ADDRESS:sabrina.raya@iscential.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Fire Insurance 19682 INSURED LNV Inc. INSURER B:Sentinel Insurance Co., LTD _ 11000 801 Navigation Blvd Ste 300 INSURER C:Hartford Casualty Insurance Co 29424 Corpus Christi,TX 78408 INSURER D:Westchester Surplus Lines Ins INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'NSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCEINSD VD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 'I WEACH OCCURRENCE $ 1,000,000 CLAIMS-MADE [X1 OCCUR 33UUNKP8200 04/06/2014 04/06/2015 DAMAGE TO RENTED $ 300,000 PREMISES(Ea occurrences MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ '! 2,000,000 PRO- X POLICY[1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY 1 j COMBINED SINGLE LIMIT $ 1,000,000 _(Ea accident) �/f A X ANY AUTO 33UUNKP8200 04/06/2014 04/06/2015 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS V NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS _(Per accident?_ \/ $ x UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 6,000,000 C EXCESS LIAB CLAIMS-MADE 33XHUKP6786 04/06/2014 04/06/2015/ AGGREGATE $ ',f 6,000,000 DED X RETENTION$ 10000 .. $ WORKERS COMPENSATION / X PER STATUTE1 EROH AND EMPLOYERS'LIABILITY �( B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 33WBBL0226 04/06/2014 04/06/2015 E.L.EACH ACCIDENT $ . 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A - ---- / (Mandatory In NH) / E.L.DISEASE-EA EMPLOYEE $ N 1,000,000 If yes,describe under v DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Project Name: City of Corpus Christi Animal Control Remodel CERTIFICATE HOLDER CANCELLATION CITYCOR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi Nir' ACCORDANCE WITH THE POLICY PROVISIONS. Engineering AUTHORIZED REPRESENTATIVE 1/ Construction Contract Admin P.O.Box 9277 jf//, / r / 'Corpus Christi,TX 78469-9277 t�t-� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD NOLNVEN-1 PAGE 2 NOTEPAD INSURED'S NAME LNV Inc. OP ID:SRS Date 07/18/2014 GENERAL LIABILITY COVERAGE FORM HG 00 01 06 05, COMMERCIAL AUTOMOBILE BROAD FORM HA 99 16 09 10, WORKERS COMPENSATION WC 42 03 04. CERTIFICATE HOLDER IS AN ADDITIONAL INSURED IF/WHEN REQUIRED BY WRITTEN V CONTRACT, WRITTEN AGEEMENT OR PERMIT WAIVER OF RIGHTS OF RECOVERY (WAIVER OF SUBROGATION) IF/WHEN REQUIRED BY WRITTEN CONTRACT, WRITTEN AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY TO THE OTHER INSURANCE WHEN REQUIRED BY CONTRACT. IF YOU HAVE AGREEED IN A WRITTEN CONTRACT, WRITTEN AGREEMENT, OR PERMIT THAT THIS INSURANCE IS PRIMARY AND NON-CONTRIBUTORY WITH THE ADDTIONAL INSURED'S OWN INSURANCE, THIS INSURANCE IS PRIMARY AND WE WILL NOT SEEK CONTRIBUTION FROM THE OTHER INSURANCE. A 30 DAY NOTICE OF CANCELLATION HAS BEEN ADDED TO THE GENERAL LIABILITY AND AUTO LIABILITY IN FAVOR OF THE CERTIFICATE HOLDER. Location Schedule: Loc 1, Bldg 1: 801 Navigation Blvd, Ste 200 & 300, Corpus Christi, TX 78404 Loc 2, Bldg 1: 1101 S Capital of Texas Hwy, Ste 220, Austin, TX 78476 Loc 3, Bldg 1: 802 Navigation, Ste 102, Corpus Christi, TX 78408 Loc 5, Bldg 1: 8918 Tesoro Dr, Ste 401, San Antonio, TX 78217 Loc 6, Bldg 1: 6010 McPherson, Ste 110, Laredo, TX 78041 Loc 8, Bldg 1: 801 W Nolana Ave. , Ste 202, McAllen, TX 78504 Loc 9, Bldg 1: 102 Decker Court, Ste 240, Irving, TX 75062 Loc 10, Bldg 1: 100 E Kleberg, Ste 203, Kingsville, TX 78363 Page 1 of 1 ACCOREI CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 07/17/2014 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 Willis of Illinois, Inc. _NAME: c/o 26 Century Blvd A/CNNo Ext:l-877-945-7378 WC,No): 8 -2378 P.O. Box 305191 E-MAIL ADDRESS:certificates@willis.com Nashville, TN 372305191 USA - INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:ACE American Insurance Company 22667 INSURED._ Inc. dba LNV Engineering INSURER B: 801 Navigation, Suite 300 INSURER C: Corpus Christi, TX 78408 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:N494230 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 LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISESAfa occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ —7 POLICY ECT LOC $ AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ---- NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS JPer accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _$ EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ _ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'UABILITY Y N _ TORY LIMITS ER_ ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE1$ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability E0NG21654565008 07/01/2014 07/01/2015 $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Project Name: City of Corpus Christi Animal Control Remodel CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi- Engineering AUTHORIZED REPRESENTATIVE Attn: Construction Contract Admin • P.O. Box 9277 a. d14) 'Corpus Christi, TX 78469-9277 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD SR ID:6137834 BATCH:Batch #: 74415 f • V ,.4` • COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (2) The "bodily injury" or "property damage" occurs • the entire policy carefully to determine rights, duties and • during the policy period; and what is and is not covered, (3) Prior to the policy period, no insured listed Throughout this policy the words 'you" and "your" refer to under Paragraph 1. of Section II – Who Is An the Named Insured shown in the Declarations, and any Insured and no "employee" authorized by you to d+ other person or organization qualifying as a Named give or receive notice of an "occurrence" or N Insured under this policy. The words "we", "us" and "our" claim, knew that the "bodily injury" or "property o refer to the stock insurance company member of The damage" had occurred, in whole or in part. If Hartford providing.this insurance. such a listed insured or authorized "employee" HThe word " • insured" means any person or organization knew, prior to the policy period, that the "bodily o qualifying as such under Section II–Who Is An Insured. injury" or"property damage" occurred,then any Other words andphrases that appear in quotation marks continuation, change or resumption of such cc,' "bodily injury" or "property damage" during.or w have special meaning. Refer to Section V–Definitions. . after the policy period will be deemed to have rn SECTION I–COVERAGES been known prior.to the policy period. N COVERAGE A BODILY INJURY AND PROPERTY c. "Bodily injury" or"property damage" will be deemed o DAMAGE LIABILITY to have been known to have occurred at the nr V 1. Insuring'Agreement earliest time when any insured listed under Paragraph 1. of Section II – Who Is An Insured or a. We will pay those sums that the insured becomes any "employee" authorized by you to give or legally obligated to pay as damages because of receive notice Of an "occurrence"or claim: "bodily injury" or "property damage" to which this insurance applies. We will have theright and duty (1) Reports all, or any part, of the "bodily injury" or to defend the insured against any "suit" seeking "property damage"to us or any other insurer; those damages. However, we will have no duty to (2) Receives a written or verbal demand or claim • defend the insured against any "suit" seeking for damages because of the "bodily injury" or damages for"bodily injury"or"property damage"to "property damage"; or which this insurance does not apply. We may, atIMMIIIIMI (3) Becomes aware by any other means that our discretion, investigate any "occurrence" and "bodily injury" or "property damage" has settle any claim or"suit"that may result. But: occurred or has begun to occur: (1) The amount we will pay for damages is limited d. Damages because of "bodily injury" include mum as described in Section III – Limits Of damages claimed by any person or organization for Insurance; and • care, loss of services or death-resulting at any time • . (2) Our.right and duty to defend ends when we from the "bodily injury". have used up the applicable limit of insurance inMIRE e. Incidental Medical Malpractice the payment of judgments or settlements under (1) "Bodily injury" arising out of the rendering of or Coverages A or B or medical expenses under Coverage C. failure to render professional health care a services as a physician, dentist, nurse, No other obligation or liability to pay sums or emergency medical technician or paramedic perform acts or services is covered unless explicitly shall be deemed to be caused by an provided for under Supplementary Payments – "occurrence", but only if: imim Coverages A and S.iiniS (a) The physician,. dentist, nurse, emergency -- b. This insurance applies to "bodily injury". and medical technician or paramedic is "property damage"only if: employed by you to provide such services; MEMBER (1) The "bodily injury" or "property damage" is and caused by an "occurrence" that takes place In . (b) You are not engaged in the business or — the"coverage territory"; occupation of providing such services. • HG 00 01 06 05 Page 1 of 18 • ©2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (2) For the purpose of determining the limits of d. Workers'Compensation And Similar Laws insurance for incidental medical malpractice, Any obligation of the insured under a workers' any act or omission together with all related acts compensation, disability benefits or unemployment or omissions in the furnishing of these services compensation law or any similar law. to any one person will be considered one "occurrence". e. Employer's Liability 2. Exclusions "Bodily injury"to: This insurance does not apply to: (1) An "employee" of the insured arising out of and in the course of: a. Expected Or Intended Injury (a) Employment by the insured; or "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This (b) Performing duties related to the conduct of exclusion does not apply to "bodily injury" or the insured's business; or "property damage" resulting from the use of (2) The spouse, child, parent, brother or sister of reasonable force to protect persons or property. that "employee" as a consequence of b. Contractual Liability Paragraph (1)above. "Bodily injury" or "property damage" for which the This exclusion applies: insured is obligated to pay damages by reason of (1) Whether the insured may be liable as an the assumption of liability in a contract or employer or in any other capacity; and agreement. This exclusion does not apply to liability (2) To any obligation to share damages with or for damages: repay someone else who must pay damages (1) That the insured would have in the absence of because of the injury. the contract or agreement; or This exclusion does not apply to liability assumed (2) Assumed in a contract or agreement that is an by the insured under an "Insured contract". "insured contract", provided the"bodily injury"or f. Pollution "property damage" occurs subsequent to the (1) "Bodily injury" or "property damage" arising out execution of the contract or agreement. Solely of the actual, alleged or threatened discharge, for the purposes of liability assumed in an dispersal, seepage, migration, release or "insured contract", reasonable attorney fees and escape of"pollutants": necessary litigation expenses incurred by or for a party other than an insured are deemed to be (a) At or from any premises, site or location damages because of"bodily injury" or"property which is or was at any time owned or damage", provided: occupied by, or rented or loaned to, any (a) Liability to such party for, or for the cost of, insured. However, this subparagraph does that party's defense has also been assumed not apply to: in the same"insured contract"; and (i) "Bodily injury" if sustained within a (b) Such attorney fees and litigation expenses building and caused by smoke, fumes, are for defense of that party against a civil or vapor or soot produced by or originating alternative dispute resolution proceeding in from equipment that is used to heat, cool which damages to which this insurance or dehumidify the building, or equipment applies are alleged, that is used to heat water for personal use, by the building's occupants or their c. Liquor Liability guests; "Bodily injury" or "property damage" for which any (ii) "Bodily Injury" or "property damage" for insured may be held liable by reason of: which you may be held liable, if you are a (1) Causing or contributing to the intoxication of any contractor and the owner or lessee of person; such premises, site or location has been (2) The furnishing of alcoholic beverages to a added to your policy as an additional person under the legal drinking age or under the insured with respect to your ongoing influence of alcohol; or operations performed for that additional insured at that premises, site or location (3) Any statute, ordinance or regulation relating to and such premises, site or location is not the sale, gift, distribution or use of alcoholic and never was owned or occupied by, or beverages. rented or loaned to, any insured, other This exclusion applies only if you are in the than that additional insured; or business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. Page 2of18 HG 0001 0605 (iii) "Bodily injury" or "property damage" (e) At or from any premises, site or location on • arising out of heat, smoke or fumes from which any insured or any contractors or a "hostile fire"; 0 subcontractors working directly or indirectly (b) At or from any premises, site or location on any Insured's behalf are performing which is or was at any time used by or for operations if the operations are to test for, any insured or others for the handling, monitor, clean up, remove, contain, treat, storage, disposal, processing or treatment of detoxify or neutralize, or in any way respond . waste; to,or assess the effects of, "pollutants". (c) Which are or were at any time transported, (2) Any loss, cost or expense arising out of any: handled, stored, treated, disposed of, or ' (a) Request, demand, order or statutory or processed as waste by or for:, regulatory requirement that any insured or (i) Any insured; or others test for, monitor, clean up, remove, cil contain, treat, detoxify or neutralize, or in r- (ii) Any person or organization for whom you • any way respond to, or assess the effects of, o may be legally responsible; "pollutants"; or (d) At or from any premises, site or location on (b) Claim or suit by or on behalf of a o which any insured or any contractors or governmental authority for damages H subcontractors working directly or indirectly because of testing for, monitoring, cleaning 0 on any insured's behalf are performing up, removing, containing, treating, N operations if the "pollutants" are brought on detoxifying or neutralizing, or in any way i • or to the premises, site or location in responding to, or assessing the effects of, �, connection with such operations by such "pollutants". m insured, contractor or subcontractor. N However, this paragraph does not apply to. o • However, this subparagraph does not apply o liability for damages because of "property H to: damage" that the insured would have in the * (i) "Bodily injury" or "property damage" absence of such request, demand, order or ims: arising out of the escape of fuels, statutory or regulatory requirement, or such lubricants or other operating fluids which claim or"suit"by or on behalf of a governmental — are needed .to perform the normal authority. electrical, hydraulic or mechanical • functions necessary for the.operation of g• Aircraft,Auto Or Watercraft —= "mobile equipment" or its parts, if such "Bodily injury" or "property damage" arising out of fuels, lubricants or other operating fluids the ownership, maintenance, use Or entrustment to escape from a vehicle part designed to others of any aircraft, "auto" or watercraft owned or hold,. store or receive them. This operated by or rented or loaned to any insured. Use exception does not apply if the "bodily includes operation and"loading or unloading". — injury" or"property damage" arises out of This exclusion applies even if the claims against IMINIMMEI the intentional discharge, dispersal or insured allege negligence or other wrongdoing release,of the fuels, lubricants or otherII 11111 in the supervision, hiring, employment, training or = operating fluids; or if such fuels, monitoring of others by that Insured, If the lubricants or other operating fluids are "occurrence" which caused the "bodily injury" or brought on or to .the premises, site or "property damage" involved the ownership, WE location with the intent that they be maintenance, use or entrustment to others of any discharged,dispersed or released as part aircraft, "auto" or watercraft that is owned or NIMINIM of the operations• being performed by operated by or rented or loaned to any insured. such insured, contractor or This exclusion does not apply to: subcontractor; o (ii) "Bodily injury" or "property damage" (1) A watercraft while ashore on premises you own sustained within a building and caused or rent; —, by the release of gases, fumes or vapors (2) A watercraft you do not own that is: from materials brought into that building (a) Less than 51 feet long; and in connection with operations being (b) Not being used to carry persons for a performed by you or on your behalf by a charge; contractor or subcontractor; or • or "property damage" (3) Parking an "auto" on, or on the ways next to, "Bodily Bodily injury" premises you own or rent, provided the "auto"is arising out of heat, smoke or fumes from not owned by or rented or loaned to you or the a"hostile fire"; or insured; • • • HG 00 01 06 06 Page 3 of 18 (4) Liability assumed under any "insured contract" working directly or indirectly on your behalf are for the ownership, maintenance or use of performing operations, if the "property damage" aircraft or watercraft; arises out of those operations; or (5) "Bodily injury" or "property damage" arising out (6) That particular part of any property that must be of the operation of any of the equipment listed in restored, repaired or replaced because "your Paragraph f.(2) or f.(3) of the definition of work"was incorrectly performed on it. "mobile equipment";or Paragraphs (1), (3) and (4) of this exclusion do not (6) An aircraft that is not owned by any insured and apply to "property damage" (other than damage by is hired, chartered or loaned with a paid crew. fire) to premises, including the contents of such However, this exception does not apply if the premises, rented to you for a period of 7 or fewer insured has any other insurance for such"bodily consecutive days. A separate limit of insurance injury" or "property damage", whether the other applies to Damage To Premises Rented To You as insurance is primary, excess, contingent or on described in Section III—Limits Of Insurance. any other basis. Paragraph (2) of this exclusion does not apply if the h. Mobile Equipment premises are "your work" and were never occupied, "Bodily injury"or"property damage" arising out of: rented or held for rental by you. (1) The transportation of"mobile equipment" by an Paragraphs (3) and (4) of this exclusion do not "auto"owned or operated by or rented or loaned apply to "property damage" arising from the use of to any insured; or elevators. (2) The use of "mobile equipment" in, or while in Paragraphs (3), (4), (5) and (6) of this exclusion do practice for, or while being prepared for, any not apply to liability assumed under a sidetrack prearranged racing, speed, demolition, or agreement. stunting activity. Paragraphs (3) and (4) of this exclusion do not i. War apply to "property damage"to borrowed equipment while not being used to perform operations at the "Bodily injury" or "property damage", however job site. caused, arising,directly or indirectly, out of: War, includingundeclared or civil war, Paragraph (6) of this exclusion does not apply to (1) "property damage" included in the "products- (2) Warlike action by a military force, including completed operations hazard". action in hindering or defending against an k. Damage To Your Product actual or expected attack, by any govemment, sovereign or other authority using military "Property damage"to"your product" arising out of it personnel or other agents; or or any part of it. (3) Insurrection, rebellion, revolution, usurped I. Damage To Your Work power, or action taken by governmental "Property damage"to"your work"arising out of it or authority in hindering or defending against any any part of it and included in the "products- of these. completed operations hazard". j. Damage To Property This exclusion does not apply if the damaged work "Property damage"to: or the work out of which the damage arises was performed on your behalf by a subcontractor. (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other m. Damage To Impaired Property Or Property Not person, organization or entity, for repair, Physically Injured replacement, enhancement, restoration or "Property damage" to "impaired property" or maintenance of such property for any reason, property that has not been physically injured, including prevention of injury to a person or arising out of: damage to another's property; (1) A defect, deficiency, inadequacy or dangerous (2) Premises you sell, give away or abandon, if the condition in"your product"or"your work"; or "property damage" arises out of any part of (2) A delay or failure by you or anyone acting "on those premises; your behalf to perform a contract or agreement (3) Property loaned to you; in accordance with its terms. (4) Personal property in the care, custody or control This exclusion does not apply to the loss of use of of the insured; other property arising out of sudden and accidental (5) That particular part of real property on which physical injury to "your product" or"your work"after you or any contractors or subcontractors it has been put to its intended use. Page 4 of 18 .HG 00 01 06 05 n. Recall Of' Products, Work Or Impaired kind to persons or property which would not Property have occurred in whole or in part but for the Damages claimed for any loss, cost or expense "asbestos hazard"; • incurred by you or others for the loss of use, (b) Arise out of any request, demand, order or withdrawal, recall, inspection, repair, replacement, statutory or regulatory requirement that any adjustment, removal or disposal of: insured or others test for, monitor, clean up, . (1) "Your product"; remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or (2) "Your work"; or assess the effects of an "asbestos hazard"; (3) "Impaired property"; or if such product, work, or property is withdrawn or (c) Arise out of any claim or suit for damages recalled from the market or from use by any person because of testing for, monitoring, cleaning or organization because of a known or suspected up, removing, encapsulating, containing, h • defect, deficiency, inadequacy or dangerous treating, detoxifying or neutralizing or in any N c) condition in it. way responding to or assessing the effects H o. Personal And Advertising Injury of an "asbestos hazard". CD "Bodily injury". arising out of "personal and Damage To Premises Rented To You.-. Exception advertising injury". For Damage By Fire, Lightning Or Explosion • o N p. Electronic Data Exclusions c. through h. and j.through n. do not apply 0o • to damage by fire, lightning or explosion to premises- Damages arising out of the loss of, loss of use of, while rented to you or temporarily occupied by you with M damage to, corruption of, inability to access, or permission of the owner. A separate limit of insurance N Inability to manipulate electronic data. applies to this coverage as described In Section III – o As used in this exclusion, electronic data means Limits Of Insurance. sdi H information, facts or programs stored as or on, COVERAGE B • PERSONAL AND ADVERTISING * created or used on, or transmitted to or from INJURY LIABILITY computer software, including systems and applications software, hardor floppy disks, CD- 1. Insuring Agreement . ROMS, tapes, drives, cells, data processing a. We will pay those sums that the insured becomes. devices or any other media which are used with legally obligated to pay as damages because of — electronically controlled equipment. "personal and advertising injury" to which this - q. Employment-Related Practices insurance applies. We will have the right and duty to defend the insured against any "suit" seeking "Bodily injury"to: • those damages. However;we will have no duty to (1) A person arising out of any "employment– defend the insured against any "suit" seeking related practices"; or damages for "personal and.advertising injury" to (2) The spouse, child, parent, brother or sister of which this insurance does not apply. We may, at –=– that person as a consequence of"bodily injury" our discretion, investigate any offense and settle to that person at whom any "employment- any claim or"suit"that may result. But: related practices"'are directed. •• (1) The amount we will pay for damages is limited "— This exclusion applies: as described in Section III – Limits Of (1) Whether the insured . may be liable as an• Insurance; and • employer or in any other capacity; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the (2) To any obligation to share damages with or payment of judgments or settlements under repay someone else who must pay damages Coverages A or B or medical expenses under because of the injury. Coverage C. - r. Asbestos No other obligation or liability to pay sums or (1) "Bodily injury" or"property damage" arising out perform acts or services is covered unless explicitly INIMIN of the"asbestos hazard". provided for under Supplementary Payments – (2) Any damages, judgments, settlements, loss, Coverages A and B. costs or expenses that: b. This insurance applies to "personal and advertising (a) May be awarded or incurred by reason of injury" caused. by an offense arising out of your any claim or suit alleging actual or business but only if the offense was committed in threatened injury or damage of any nature or • the"coverage territory"during the policy period. • HG 00 01 06 06 . Page 5 of 18 2. Exclusions (2) Slogan, unless the slogan is also a trademark, This insurance does not apply to: trade name, service mark or other designation a. Knowing Violation Of Rights Of Another of origin or authenticity; or (3) Title of any literary or artistic work. "Personal and advertising injury" arising out of an offense committed by, at the direction or with the j. Insureds In Media And Internet Type consent or acquiescence of the insured with the Businesses expectation of inflicting "personal and advertising "Personal and advertising injury" committed by an injury". insured whose business is: b. Material Published With Knowledge Of Falsity (1) Advertising, broadcasting, publishing or "Personal and advertising injury" arising out of oral, telecasting; written or electronic publication of material, if done (2) Designing or determining content of web sites by or at the direction of the insured with knowledge for others; or of its falsity. (3) An Internet search, access, content or service c. Material Published Prior To Policy Period provider. "Personal and advertising injury" arising out of oral, However, this exclusion does not apply to written or electronic publication of material whose Paragraphs 17.a., b. and c. of "personal and first publication took place before the beginning of advertising injury" under the Definitions Section. the policy period. For the purposes of this exclusion, placing an d. Criminal Acts "advertisement"for or linking to others on your web „ site, by itself, is not considered the business of Personal and advertising injury" arising out of a criminal act committed by or at the direction of the advertising, broadcasting, publishing or telecasting. insured. k. Electronic Chatrooms Or Bulletin Boards e. Contractual Liability "Personal and advertising injury" arising out of an "Personal and advertising injury" for which the electronic chatroom or bulletin board the insured insured has assumed liability in a contract or hosts, owns, or over which the insured exercises agreement.This exclusion does not apply to liability control. for damages that the insured would have in the I. Unauthorized Use Of Another's Name Or absence of the contract or agreement. Product f. Breach Of Contract "Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of a unauthorized use of another's name or product in breach of contract, except an implied contract to use your e-mail address, domain name or metatags, or another's"advertising idea"in your"advertisement". any other similar tactics to mislead another's potential customers. g. Quality Or Performance Of Goods — Failure To m. Pollution "Conform To Statements Personal and advertising injuryarising out of the "Personal and advertising injury" arising out of the failure of goods, products or- services.to conform actual, alleged or threatened discharge, dispersal, with any statement of quality or performance made seepage, migration, release or escape of in your"advertisement". "pollutants"at any time. h. Wrong Description Of Prices n. Pollution-Related "Personal and advertising injury" arising out of the Any loss, cost or expense arising out of any: wrong description of the price of goods, products or (1) Request, demand, order or statutory or services. regulatory requirement that any insured or i. Infringement Of Intellectual Property Rights others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any "Personal and advertising injury" arising out of any way respond to, or assess the effects of, violation of any intellectual property rights'such as "pollutants";or copyright, patent, trademark, trade name, trade (2) Claim or suit by or on behalf of a governmental secret, service mark or other designation of origin authority for damages because of testing for, or authenticity. monitoring, cleaning up, removing, containing, However, this exclusion does not apply to treating, detoxifying or neutralizing, or in any infringement,in your"advertisement", of: way responding to, or assessing the effects of, (1) Copyright; "pollutants". Page 6 of 18 HG 00 01 06 05 o. War (2) The spouse, child, parent, brother or sister of "Personal and advertising injury", however caused, that person as a consequence of"personal and • arising, directly or indirectly, out of: advertising injury" to that person at whom any "employment-related practices" are.directed. (1) War, including undeclared or civil war; This exclusion applies: (2) Warlike action by a military• force, including (1) Whether the insured may be liable as an action in hindering or defending against anemployer or in any other capacity; and actual or expected attack, by any government, sovereign or other authority using military (2) To any obligation to share damages with or personnel or other agents; or repay someone else who must pay damages (3) Insurrection, rebellion, revolution, usurped power, because of the injury. or action taken by governmental authority In v. Asbestos .-, hindering or defending against any of these. •Ln (1) "Personal and advertising injury" arising out of N p. Internet Advertisements And Content Of Others the"asbestos hazard". a "Personal and advertising injury" arising out of: • (2) Any damages, judgments, settlements, loss, r (1) An "advertisement"for others on your web site; costs or expenses that: o (a) May.be awarded or incurred by reason of ,-I (2) Placing a link to a web site of others on your any claim or suit alleging actual or o web site;cp threatened injury or damage of any nature or (3) Content, including information, sounds, text, kind to persons or property which would not ai graphics, or images from a web site of others have occurred in whole or in part but for the ri .displayed within a frame or border on your'web "asbestos hazard"; • N site; or. (b) Arise out of any request, demand, order or o (4) Computer code, software or programming usedcti statutory or regulatory requirement that any to enable: .*: insured or others test for, monitor, clean up, * (a) Your web site; or remove, encapsulate; contain, treat, detoxify (b) The presentation or functionality of an • ' or neutralize or in any way respond to or "advertisement" or other content on your assess the effects of an "asbestos hazard"; web site. or q. Right Of Privacy Created By Statute • (c) Arise out of any claim or suit for damages _ because of testing for, monitoring, cleaning "Personal and advertising injury" arising out of the up, removing, encapsulating, containing, violation of a person's right of privacy created by treating, detoxifying or neutralizing or in any any state or federal act. way responding to or assessing the effects However, this exclusion does not apply to liability • • of an "asbestos hazard". _ for damages that the insured would have in the COVERAGE.0 MEDICAL PAYMENTS absence of such state or federal act. • 1. Insuring Agreement r. Violation Of Anti-Trust law a. We will pay medical expenses as described below "Personal and advertising injury" arising out of a for"bodily injury"caused by an accident:• violation of any anti-trust law. (1) On premises you own or rent; s. SecuritiesIsom (2) On ways next to premises you own or rent; or "Personal and advertising injury" arising out of the (3) Because of your operations; fluctuation in price or value of any stocks, bonds or other securities. provided that: • s t. Discrimination Or Humiliation ' (1) The accident takes place in the "coverage "Personal and advertising injury" arising out of territory"and during the policy period; discrimination or humiliation committed by or at the (2) The expenses are incurred and reported to us direction of any "executive officer", director, within three years of the date of the accident; ii stockholder, partner or member of the insured. and u. Employment-Related Practices ' (3) The injured person submits to examination, at "Personal and advertising injury"to: our expense, by physicians of our choice as often as we reasonably require. (1) A person arising out of any "employment— - related practices"; or HG 00 01 06 05 • Page 7 of 18 b. We will make these payments regardless of fault. e. All costs taxed against the insured in the."suit". These payments will not exceed the applicable limit f. Prejudgment interest awarded against the insured of insurance.We will pay reasonable expenses for: on that part of the judgment we pay. If we make an (1) First aid administered at the time of an accident; offer to pay the applicable limit of insurance, we will (2) Necessary medical, surgical, x-ray and dental not pay any prejudgment interest based on that services, including prosthetic devices; and period of time after the offer. (3) Necessary ambulance, hospital, professional g. All interest on the full amount of any judgment that nursing and funeral services. accrues after entry of the judgment and before we 2. Exclusions have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable We will not pay expenses for"bodily injury": limit of insurance. a. Any Insured These payments will not reduce the limits of insurance. To any insured, except"volunteer workers". 2. If we defend an insured against a "suit" and an b. Hired Person indemnitee of the insured is also named as a party to To a person hired to do work for or on behalf of any the "suit", we will defend that indemnitee if all of the following conditions are met: insured or a tenant of any insured. c. Injury On Normally Occupied Premises a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of • To a person injured on that part of premises you the indemnitee in a contract or agreement that is an own or rent that the person normally occupies. "insured contract"; d. Workers Compensation And Similar Laws b. This insurance applies to such liability assumed by To a person, whether or not an "employee" of any the insured; insured, if benefits for the "bodily injury" are payable c. The obligation to defend, or the cost of the defense or must be provided under a workers' compensation of, that indemnitee, has also been assumed by the or disability benefits law or a similar law. insured in the same"insured contract"; e. Athletics Activities d. The allegations in the "suit" and the information we To a person injured while practicing, instructing or know about the "occurrence" are such that no participating in any physical exercises or games, conflict appears to exist between the interests of sports, or athletic contests. the insured and the interests of the indemnitee; f. Products-Completed Operations Hazard e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against Included within the "products-completed operations such "suit" and agree that we can assign the same hazard". counsel to defend the insured and the indemnitee; g. Coverage A Exclusions and Excluded under Coverage A. f. The indemnitee: SUPPLEMENTARY PAYMENTS — COVERAGES (1) Agrees in writing to: A AND B (a) Cooperate with us in the investigation, 1. We will pay, with respect to any claim we investigate or settlement or defense of the"suit"; settle, or any"suit"against an insured we defend: . (b) Immediately send us copies of any a. All expenses we incur. demands, notices, summonses or legal b. Up to $1,000 for cost of bail bonds required papers received in connection with the"suit"; because of accidents or traffic law violations arising (c) Notify any other insurer whose coverage is out of the use of any vehicle to which the Bodily available to the indemnitee; and injury Liability Coverage applies. We do not have (d) Cooperate with us with respect to to furnish these bonds. coordinating other applicable insurance c. The cost of appeal bonds or bonds to release available to the indemnitee; and attachments, but only for bond amounts within the (2) Provides us with written authorization to: applicable limit of insurance. We do not have to furnish these bonds. (a) Obtain records and other information related d. All reasonable expenses incurred by the insured at to the "suit"; and Conduct and control the defense of the our request to assist us in the investigation or (b) defense of the claim or"suit", including actual loss indemnitee in such"suit". of earnings up to $500 a day because of time off So long as the above conditions are met, attorneys' from work. fees incurred by us in the defense of that indemnitee, Page 8 of 18 HG 00 01 06 05 necessary litigation expenses incurred by us and However, none of these "employees" or "volunteer . necessary litigation expenses incurred by the workers"are insureds for: indemnitee at our request will be paid as (1) "Bodily injury" or "personal and advertising Supplementary Payments. Notwithstanding the injury": provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage (a) To you, to your partners or members (if you • Liability, such payments will not be deemed to be are a partnership or joint venture), to your damages for"bodily injury"and"property damage"and • members company),s (if you), to a co"are a limited liability in thy will not reduce the limits of insurance. course of his or her employment or Our obligation to defend an insured's indemnitee and performing duties'related to the conduct of to pay for attorneys' fees and necessary litigation your business, or to your other "volunteer expenses as Supplementary Payments ends when: • workers" while performing duties related.to N -a. We have used up the applicable limit of insurance the conduct of your business; r•-• in the payment of judgments or settlements; or (b) To the spouse, child,parent, brother or sister b. The conditions set forth above, or the terms of the of that co-"employee" or that "volunteer agreement described in Paragraph f. above, are no worker" as a consequence of Paragraph H longer met. (1)(a)above; o SECTION II—WHO IS AN INSURED • (c) For which there is any obligation to share. N1. If you are designated in the Declarations as: damages with or repay someone else who CO must pay damages because of the injury a. An individual, you and your spouse are insureds, described in Paragraphs (1)(a) or(b) above; rn but only with respect to the conduct of a business• or 0 of Which you are the sole owner. (d) Arising out of his or her providing or failing to b. A.partnership or Joint venture, you are an insured. provide professional health care services. 1-1 Your members, your partners, and their spouses * If you are not in the business of providing are also insureds, but only with respect to the conduct of your business. . professional health care services, Paragraph (d) does not apply to any .nurse, emergency c. A limited liability company, you are an insured. medical technician or paramedic employed by Your members are also insureds, but only with: you to provide such services. respect to the conduct of your business. Your (2) "Property damage"to property: managers are insureds, but only with respect to their duties as your managers. (a) Owned, occupied or used by, - d. An organization other than a partnership, joint • (b) Rented to, in the care, custody or control of, venture or limited liability company, you are an or over which physical control is being insured. Your"executive officers" and directors are exercised for any purpose by • insureds, but only with respect to their duties as you, any of your "employees", "volunteer your officers or directors. Your stockholders are workers", any partner or member (if you are a also insureds, but only with respect to their liability partnership or joint venture), or any member (if as stockholders. you are a limited liability company). ,= e. A trust, you are an insured. Your trustees are also b. Real Estate Manager iffi insureds, but only with respect to their duties as Any person (other than your "employee" or trustees. "volunteer worker"), or any organization while - 2. Each of the following is also an insured: acting as your real estate manager. mm a. Employees and Volunteer workers c. Temporary Custodians of Your Property • ' Your "volunteer workers" only while performing Any person or organization having proper MI-I duties related to the conduct of your business, or temporary custody of your property if you die, but your"employees", other than either your"executive only: officers" (if you are an organization other than a (1) With respect to liability arising out of the partnership, joint' venture or limited liability maintenance or use of that property; and company) or your managers (if you are a limited liability company), but only for acts within the scope (2) Until your legal representative has been • of their employment by you or while performing appointed. — _ duties related to the conduct of your business. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will • . HG 00 01 06 05 Page 9 of 18 have all your rights and duties under this Coverage 5. Nonowned Watercraft • Part, With respect to watercraft you do not own that is less e. Unnamed Subsidiary than 51 feet long and is not being used to carry Any subsidiary, and subsidiary thereof, of yours persons for a charge, any person is an insured while which is a legally incorporated entity of which you operating such watercraft with your permission. Any own a financial interest of more than 50% of the other person or organization responsible for the voting stock on the effective date of the Coverage conduct of such person is also an insured, but only Part. with respect to liability arising out of the operation of The insurance afforded herein for any subsidiary the watercraft, and only if no other insurance of any kind is available to that person or organization for this not named in this Coverage Part as a named liability. insured does not apply to injury or damage with respect to which an insured under this Coverage However, no person or organization is an insured with Part is also an insured under another policy or respect to: would be an insured under such policy but for its a. "Bodily injury" to a co-"employee" of the person termination or the exhaustion of its limits of operating the watercraft; or insurance. b. "Property damage"to property owned by, rented to, 3. Newly Acquired or Formed Organization f in the charge of or occupied by you or the employer an Any organization you newly acquire or form, other than ', __ of y person who is an insured under this a partnership, joint venture or limited liability company, provision. p and over which you maintain financial interest of more . 6. Additional Insureds When Required By Written than 50% of the voting stock, will qualify as a Named '—"Contract,Written Agreement Or Permit Insured if there is no other similar insurance available The following person(s) or organization(s) are an to that organization.However: additional insured when you have agreed, in a written a. Coverage under this provision is afforded only until contract, written agreement or because of a permit the 180th day after you acquire or form the issued by a state or political subdivision, that such organization or the end of the policy period, person or organization be added as an additional whichever is earlier; insured on your policy, provided the injury or damage b. Coverage A does not apply to "bodily injury" or occurs subsequent to the execution of the contract or "property damage" that .occurred before you agreement. acquired or formed the organization; and A person or organization is an additional insured under c. Coverage B does not apply to "personal and this provision only for that period of time required by advertising injury" arising out of an offense the contract or agreement. committed before you acquired or formed the However, no such person or organization is an insured organization. under this provision if such person or organization is 4. Mobile Equipment included as an insured by an endorsement issued by With respect to "mobile equipment" registered in your us and made a part of this Coverage Part. name under any motorvehicle registration, law, any a. Vendors person is an insured while driving such equipment Any person(s) or organization(s) (referred to below along a public highway with your permission. Any other as vendor), but only with respect to "bodily injury" person or organization responsible for the conduct of or"property damage" arising out of "your products" such person is also an insured, but only with respect to which are distributed or sold in the regular course liability arising out of the operation of the equipment, of the vendor's business and only if this Coverage and only if no other insurance of any kind is available Part provides coverage for "bodily injury" or to that person or organization for this liability. However, "property damage" included within the "products- no person or organization is an insured with respect to: completed operations hazard". a. "Bodily injury" to a co-"employee" of the person (1) The insurance afforded the vendor is subject to driving the equipment;or the following additional exclusions: b. "Property damage"to property owned by, rented to, This insurance does not apply to: in the charge of or occupied by you or the employer (a) "Bodily injury" or "property damage" for of any person who is an insured under this which the vendor is obligated to pay provision. damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Page 10 of 18 HG 00 01 06 05 (b) Any express warranty unauthorized by you; c. Lessors of Land or Premises (c) Any physical or chemical change in the Any person or organization from whom you lease product made intentionally by the vendor; land or premises, but only with respect to liability (d). Repackaging, except when unpacked solely arising out of the ownership, maintenance or use of for the purpose of inspection, demonstration, that part of the land or premises leased to you. testing, or the substitution of parts under With respect to the insurance afforded these instructions from the manufacturer, and then additional insureds the , following additional • ' repackaged in the original container; exclusions apply: • • (e) Any failure to make. such inspections, This insurance does not apply to: adjustments,tests or servicing as the vendor 1. Any "occurrence" which takes place after you has agreed to make or normally undertakes cease to lease that land; or to make in the usual course of business, in rn connection with the distribution or sale of the 2. Structural alterations, new construction or • N demolition operations performed by or on behalf o products; . of such person or organization. • (f) Demonstration, installation, servicing or d. Architects, Engineers or Surveyors • H repair operations, except such operations H performed at thevendor's premises in Any architect, engineer, or surveyor, but only with • connection with the sale of the product; respect to liability for "bodily injury", "property CV (g) Products which, after distribution or sale by damage" or "personal and advertising injury" CV caused, in whole or in part, by your -acts or you, have been labeled or relabeled or used omissions or the acts or omissions of those acting as a container, part or ingredient of any on your behalf: M other thing or substance by or for the CV • vendor; or (1) In connection with your premises; or vii (h) "Bodily injury" or "property damage" arising (2) In the performance of your ongoing operations * • out of the sole negligence of the vendor for performed by you or on your behalf. its own acts or omissions or those of its With respect to the insurance afforded these employees or anyone else acting on its additional insureds, the following additional behalf. However, this exclusion does' not exclusion applies: - apply to: This insurance does not apply to "bodily injury", (i)The exceptions contained in Sub- - "property damage" or ."personal and advertising paragraphs(d)or(f); or injury" arising out of the rendering of or the failure (ii) Such inspections, adjustments, tests or to render any professional services by or for you, servicing as the vendor has agreed ,to including: make or normally undertakes to make in 1. The preparing, approving, or failing to prepare the usual course of business, in or approve, maps, shop drawings, opinions, • connection with the distribution or sale of reports, surveys, field orders, change orders or the products. drawings and specifications; or IIMIOMMI (2) This Insurance does not apply to any insured 2. Supervisory, inspection, architectural or . person or organization, from whom you have engineering activities. -- acquired such products, or any Ingredient, part e. Permits Issued By State Or Political or container, entering into, accompanying or Subdivisions containing such products. Any state or political subdivision, but only with b: Lessors of Equipment respect to operations performed by you or on your (1) Any person or organization from whom you behalf for which the state or political subdivision lease equipment; but only with respect to their has issued a permit. liability for "bodily injury", "property damage" or With respect to the insurance afforded these "personal and advertising injury" caused, in additional insureds, this insurance does not apply whole or in part, by your maintenance, operation to: or use of equipment leased to you by such person or organization. (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations (2) With respect to the insurance afforded to these performed for the state or municipality;or — additional insureds this insurance does not .� apply to any "occurrence" which takes place (2) "Bodily injury" or "property damage" included after the equipment lease expires. - within the "products-completed operations hazard". HG 00 01 06 05Page 11 of 18 • f. Any Other Party c. Persons or organizations making claims or bringing Any other person or organization who is not an "suits". insured under Paragraphs a. through e. above, but 2. General Aggregate Limit only with respect to liability for "bodily injury", The General Aggregate Limit is the most we will pay "property damage" or "personal and advertising for the sum of: injury" caused, in whole or in part, by your acts or a. Medical expenses under Coverage C; omissions or the acts or omissions of those acting on your behalf: b. Damages under Coverage A, except damages (1) In the performance of your ongoing operations; because of "bodily injury" or "property damage" (2) In connection withyourpremises owned byor included in the "products-completed operations hazard"; and rented to you; or c. Damages under Coverage B. (3) In connection with "your work" and included within the "products-completed operations 3. Products-Completed Operations Aggregate Limit hazard", but only if The Products-Completed Operations Aggregate Limit (a) The written contract or agreement requires is the most we will pay under Coverage A for damages you to provide such coverage to such because of "bodily injury" and "property damage" additional insured; and included in the "products-completed operations (b) This Coverage Part provides coverage for hazard". "bodily injury"or"property damage" included 4. Personal and Advertising Injury Limit within the "products-completed operations Subject to 2. above, the Personal and Advertising hazard". Injury Limit is the most we will pay under Coverage B With respect to the insurance afforded to these for the sum of all damages because of all "personal additional insureds, this insurance does not apply and advertising injury" sustained by any one person or to: organization. „ 5. Each Occurrence Limit "Bodily injury", "property damage"or"personal and advertising injury"arising out of the rendering of, or Subject to 2. or 3. above, whichever applies, the Each the failure to render, any professional architectural, Occurrence Limit is the most we will pay for the sum engineering or surveying services,including: of: (1) The preparing, approving, or failing to prepare a. Damages under Coverage A; and or approve, maps, shop drawings, opinions, b. Medical expenses under Coverage C reports, surveys, field orders, change orders or because of all "bodily injury" and "property damage" drawings and specifications; or arising out of any one "occurrence". (2) Supervisory, inspection, architectural or 6. Damage To Premises Rented To You Limit engineering activities. Subject to 5. above, the Damage To Premises Rented The limits of Insurance that apply to additional insureds To You Limit is the most we will pay under Coverage A under this provision is described in Section III — Limits for damages because of"property damage"to any one Of Insurance. premises, while rented to you, or in the case of How this insurance applies when other insurance is damage by fire, lightning or explosion, while rented to available to the additional insured is described in the you or temporarily occupied by you with permission of Other Insurance Condition in Section IV—Commercial the owner. General Liability Conditions. In the case of damage by fire, lightning or explosion, No person or organization is an insured with respect to the the Damage to Premises Rented To You Limit applies conduct of any current or past partnership,joint venture or to all damage proximately caused by the same event, limited liability company that is not shown as a Named whether such damage results from fire, lightning or Insured in the Declarations. explosion or any combination of these. SECTION III—LIMITS OF INSURANCE 7. Medical Expense Limit 1. The Most We will Pay Subject to 5. above, the Medical Expense Limit is the The Limits of Insurance shown in the Declarations and most we will pay under Coverage C for all medical the rules below fix the most we will pay regardless of expenses because of "bodily injury" sustained by any the number of: one person. a. Insureds; 8. How Limits Apply To Additional Insureds b. Claims made or"suits"brought; or If you have agreed in a written contract or written agreement that another person or organization be Page 12of18 HG00010605 • • • added as an additional insured on your policy, the (3) Cooperate with us in the investigation or most we will pay on behalf of such additional insured is settlement of the claim or defense against the the lesser of: "suit"; and a. The limits of insurance specified in the written (4) Assist us, upon our request, in the enforcement of contract or written agreement; or any right against any person or organization which b. The Limits of Insurance shown in the Declarations. may be liable to the insured because of injury or Such amount shall be a part of and not in addition to damage to which this insurance may also apply. Limits of Insurance shown in the Declarations and d. Obligations At The Insureds Own Cost described in this Section. No insured will, except at that insured's own cost, The Limits of Insurance of this Coverage Part apply voluntarily make a payment, assume any separately to each consecutive annual period and to any obligation, or incur•any expense, other than for first •dr remaining period of less than 12 months, starting with the aid, without our consent. N. beginning of the policy period shown in the Declarations, e. Additional Insureds Other Insurance o unless the policy period is extended after issuance for an If we cover a claim or "suit" under this Coverage additional period of less than 1.2 months. In that case,the Part that may also be covered by other insurance ,_, additional period will be deemed part of the last preceding available to an additional insured, such additional period for•purposes.of determining the Limits of Insurance.. insured must submit such claim or."suit" to the c, SECTION IV – COMMERCIAL GENERAL LIABILITY other insurer for defense and indemnity. N CONDITIONS• However, this provision does not apply to the o 1. Bankruptcy • extent that you have agreed in a written contract or ,I Bankruptcy or Insolvency of the insured or of the written agreement that this insurance is primary g. insured's estate will not relieve us of our obligations and non-contributory with the additional insured's C under this Coverage Part. own insurance. .� 2. Duties In The Event Of Occurrence, Offense, Claim f. Knowledge Of An Occurrence, Offense, Claim Or Suit • Or Suit • • a. Notice Of Occurrence Or Offense Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", You or any additional insured must see to it that we offense, claim or"suit"is known to: are notified as soon as practicable of an — . "occurrence" or an offense which may result in a (1 j You or any additional insured that is an claim.To the extent possible, notice should include: individual; (1) How, when and where the "occurrence" or, (2) Any partner, if you or an additional insured is a offense took place; partnership; (2) The names and addresses of any injured (3) Any manager, if you or an additional insured is a persons and witnesses; and limited liability company; (3) The nature and location of any injury or damage (4) Any "executive officer" or insurance manager, if _ arising out of the"occurrence"or offense. • you or an additional insured is a corporation; b. Notice Of Claim (5) Any trustee, if you or an additional insured is a trust;or If a claim is made or "suit" is brought against any insured,you or any additional insured must: (6) Any elected or appointed official, if you or an I� (1) Immediatelyrecord the Specifics of the claim or additional insured is a political subdivision or p public entity. IIIIIMIMI "suit"and the date received; and• • — This duty applies separately to you and any additional (2) Notify us as soon as practicable. insured. You or any additional insured must see to it that we 3. Legal Action Against Us receive written notice of the claim or"suit" as soon as practicable. No person or organization has a right under this Coverage Part: c. Assistance And Cooperation Of The Insured a. To join us as a party or otherwise bring us into a You and any other involved insured must: "suit"asking for damages from an insured; or (1) Immediately send us copies of any demands, • b. To sue us on this Coverage Part unless all of its notices, summonses or legal papers received in . terms have been fully complied with. connection with the claim or"suit"; A person or organization may sue us to recover on an (2) Authorize us to obtain records and other • agreed settlement or on a final judgment against an • information; - insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 01 0605 Page 13 of 18 that are in excess of the applicable limit of insurance. (7)•When You Add Others As An Additional An agreed settlement means a settlement and release insured To This Insurance of liability signed by us,the insured and the claimant or Any other insurance available to an additional the claimant's legal representative. insured. 4. Other insurance However, the following provisions apply to other If other valid and collectible insurance is available to insurance available to any person or the insured for a loss we cover under Coverages A or organization who is an additional insured under B of this Coverage Part, our obligations are limited as this coverage part. follows: (a) Primary insurance When Required By a. Primary Insurance Contract This insurance is primary except when b. below This insurance is primary if you have agreed applies. if other insurance is also primary, we will in a written contract or written agreement share with all that other insurance by the method that this insurance be primary. If other described in c. below. insurance is also primary, we will share with b. Excess Insurance all that other insurance by the method described in c. below. This insurance is excess over any of the other insurance, whether primary, excess, contingent or (b) Primary And Non-Contributory To Other on any other basis: Insurance When Required By Contract (1) Your Work If you have agreed in a written contract, written agreement, or permit that this That is Fire, Extended Coverage, Builder's Risk, insurance is primary and non-contributory Installation Risk or similar coverage for "your with the additional insured's own insurance, work"; this insurance is primary and we will not (2) Premises Rented To You seek contribution from that other insurance. That is fire, lightning or explosion insurance for Paragraphs (a) and (b) do not apply to other premises rented to you or temporarily occupied insurance to which the additional insured has by you with permission of the owner; been added as an additional insured. (3) Tenant Liability When this insurance Is excess, we will have no That is insurance purchased by you to cover duty under Coverages A or B to defend the insured your liability as a tenant for "property damage" against any"suit"if any other insurer has a duty to to premises rented to you or temporarily defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we occupied by you with permission of the owner, will be entitled to the insured's rights against all (4) Aircraft,Auto Or Watercraft those other insurers. If the loss arises out of the maintenance or use When this insurance is excess over other of aircraft, "autos"or watercraft to the extent not insurance, we will pay only our share of the amount subject to Exclusion g. of Section I — Coverage of the loss, if any,that exceeds the sum of: A—Bodily Injury And Property Damage Liability; (1) The total amount that all such other insurance (5) Property Damage to Borrowed Equipment Or would pay for the loss in the absence of this Use Of Elevators insurance; and If the loss arises out of "property damage" to (2) The total of all deductible and self-insured borrowed equipment or the use of elevators to amounts under all that other insurance. the extent not subject to Exclusion j. of Section I Coverage A - Bodily Injury And Property We will share the remaining loss, if any, with any Damage Liability; other insurance that is not described in this Excess Insurance provision and was not bought specifically (6) When You Are Added As An Additional to apply in excess of the Limits of Insurance shown Insured To Other Insurance in the Declarations of this Coverage Part. Any other insurance available to you covering c. Method Of Sharing liability for damages arising out of the premises or operations, or products and completed If all of the other insurance permits contribution by equal shares,we will follow this method also. Under operations, for which you have been added as an additional insured by that insurance; or this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 18 HG 00 01 06 05 . If any of the other insurance does not permit . insured will bring"suit" or transfer those rights to us contribution by equal shares, we will contribute by and help us enforce them. limits. Under this method, each insurer's share is b. Waiver Of Rights -Of Recovery (Waiver Of based on the ratio of its applicable limit of Subrogation) insurance to the total applicable limits of insurance of all insurers. If the insured has waived any rights of recovery against any person or organization for all or part of 5. Premium Audit • • any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, we also Part in accordance with our rules and rates. waive that right, provided the insured waived their b. Premium shown in this Coverage Part as advance rights of recovery against such person or premium is a deposit premium only.At the close of organization in a contract, agreement or permit that each audit period we will compute the earned was executed prior to the injury or damage. in premium for that period and send notice to the first 9. When We Do Not Renew N Named Insured. The due date for audit and If we decide. not to renew this Coverage Part, we will retrospective premiums is the date shown as the mail or deliver tothe first Named Insured shown in the due date on the bill. If the sum of the advance and Declarations written notice of the nonrenewal not less o audit premiums paid for the policy period is greater than.30 days before the expiration date. othan the earned premium, we will return the excess If notice is mailed, proof of mailing will be sufficient N to the first Named Insured. proof of notice. • w c. The first Named Insured must keep records of the w SECTION V— DEFINITIONS 1!4 information we need for premium computation, and m send us copies at such times as we may request. 1. "Advertisement" means the widespread public CV 0 6, Representations dissemination of information or images that has the o purpose of inducing the sale of goods, products or d' a. When You Accept This Policy services through: l` By accepting this policy, you agree: • a. (1) Radio; . (1) The statements in the Declarations are accurate (2) Television; and complete; (3) Billboard; (2) Those statements are based upon representations you made to us; and (4) Magazine; (3) We have issued this policy in reliance upon your (5) Newspaper; or representations. b. Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards public distribution. If unintentionally you should fail to disclose all However, "advertisement"does not include: hazards relating to the conduct of your business a. The design, printed material, information or images that exist at the inception date of this Coverage contained in, on or upon the packaging or labeling Part, we shall not deny coverage under this of any goods or products; or _ Coverage Part because of such failure. b. An interactive conversation between or among 7. Separation Of Insureds • persons through a computer network. •Except with respect to the Limits of Insurance, and any 2. "Advertising idea" means any idea for an rights or duties specifically assigned in this Coverage "advertisement". . Part to the first Named Insured,this insurance applies: 3. "Asbestos hazard" means an exposure or threat of a. As if each Named Insured were the only Named exposure to the actual or alleged properties of MEER Insured; and asbestos and includes the mere presence of asbestos _ b. Separately to each insured against whom claim is in any form. made or"suit"is brought. 4. "Auto"means a land motor vehicle,trailer or semitrailer 8. Transfer Of Rights Of Recovery Against Others To designed for travel on public roads, including any attached machinery or equipment But "auto" does not Us include"mobile equipment". a. Transfer of Rights Of Recovery 5. "Bodily injury"means physical: If the insured has rights to recover all or part of any a. Injury; — payment, including Supplementary Payments, we ry. have made under this Coverage Part, those rights b. Sickness; or are transferred to us. The insured must do nothing c. Disease • after loss to impair them. At our request, the sustained by a person and, if arising out of the above, mental anguish or death at any time. HG 00 01 06 05 Page 15 of 18 6. "Coverage territory"means: rented to you or temporarily occupied by you with a. The United States of America (including its territories permission of the owner is subject to the Damage and possessions), Puerto Rico and Canada; to Premises Rented To You Limit described in Section III—Limits of Insurance: b. International waters or airspace, but only if the injury or damage occurs in the course of travel or b. A sidetrack agreement; transportation between any places included in a. c. Any easement or license agreement, including an above; or easement or license agreement in connection with c. All other parts of the world if the injury or damage construction or demolition operations on or within arises out of: 50 feet of a railroad; (1) Goods or products made or sold by you in the d. An obligation, as required by ordinance, to territory described in a.above; indemnify a municipality, except in connection with (2) The activities of a person whose home is in the work for a municipality; territory described in a. above, but is away for a e. An elevator maintenance agreement; short time on your business; or f. That part of any other contract or agreement (3) "Personal and advertising injury" offenses that pertaining to your business (including an take place through the Internet or similar indemnification of a municipality in connection with electronic means of communication work performed for a municipality) under which you assume the tort liability of another party to pay for provided the insured's responsibility to pay damages is "bodily injury" or "property damage" to a third determined in the United States of America (including its person or organization, provided the "bodily injury" territories and possessions), Puerto Rico or Canada, in a or"property damage"is caused, in whole or in part, "suit" on the merits according to the substantive law in by you or by those acting on your behalf. Tort such territory or in a settlement we agree to. liability means a liability that would be imposed. by 7. "Employee" includes a "leased worker". "Employee" law in the absence of any contract or agreement. does not include a "temporary worker". Paragraph f. includes that part of any contract or 8. "Employment-Related Practices" means: agreement that indemnifies a railroad for "bodily a. Refusal to employ a person; injury' or "property damage" arising out of b. Termination of a person's employment;or construction or demolition operations,within 50 feet of any railroad property and affecting any railroad c. Employment-related practices, policies, acts or bridge or trestle, tracks, road-beds, tunnel, omissions, such as coercion, demotion, evaluation, underpass or crossing. reassignment, discipline, defamation, harassment, However, Paragraph f. does not include that part of humiliation or discrimination directed at a person. any contract or agreement: 9. "Executive officer" means a person holding any of the (1) That indemnifies an architect, engineer or officer positions created by your charter, constitution, surveyor for injury or damage arising out of: by-laws or any other similar governing document. (a) Preparing, approving, or failing to prepare or 10."Hostile fire" means one which becomes uncontrollable approve, maps, shop drawings, opinions, or breaks out from where it was intended to be. reports, surveys, field orders, change orders 11."Impaired property" means tangible property, other or drawings and specifications; or than "your product"or"your work",that cannot be used . (b) Giving directions or instructions, or failing to or is less useful because: give them, if that is the primary cause of the a. It incorporates "your product" or"your work"that is injury or damage; or known or thought to be defective, deficient, (2) Under which the insured, if an architect, engineer inadequate or dangerous; or or surveyor, assumes liability for an injury or b. You have failed to fulfill the terms of a contract or damage arising out of the insured's rendering or agreement; failure to render professional services, including if such property can be restored to use by: those listed in (1) above and supervisory, a. The repair, replacement, adjustment or removal of inspection,architectural or engineering activities. "your product"or"your work"; or 13."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you b. Your fulfilling the terms of the contract or agreement. and the labor leasing firm, to perform duties related to 12."Insured contract"means: the conduct of your business. "Leased worker" does a. A contract for a lease of premises. However, that not include a"temporary worker". portion of the contract for a lease of premises that 14."Loading or unloading"means the handling of property: indemnifies any person or organization for damage a. After it is moved from the place where it is accepted by fire, lightning or explosion to premises while for movement into or onto an aircraft, watercraft or "auto"; Page 16 of 18 HG 00 01 06 05 • b. While it is in or on an aircraft, watercraft or"auto"; 16."Occurrence" means an accident, including continuous or or repeated exposure to substantially the same general c. While it is being moved from an aircraft, watercraft harmful conditions. or"auto`to the place where it is finally delivered; 17."Personal and advertising injury" means injury, but "loading or Unloading" does not include the including consequential "bodily injury", arising out of • movement• of property by means of a mechanical one or more of the following offenses: • device, other than a hand truck,that is not attached to a. False arrest, detention or imprisonment; the aircraft, watercraft or"auto". b. Malicious prosecution; • 15."Mobile equipment" means any of the following types c. The wrongful eviction from, wrongful entry into, or of land vehicles, including any attached machinery or invasion of the right of private occupancy of a room, equipment: dwelling or premises that a person occupies, to a. Bulldozers, farm machinery, forklifts and other committed by or on behalf of its owner, landlord or N vehicles designed for use principally off public lessor; o . roads; d.. Oral, written or electronic publication of material b. Vehicles maintained for use solely on or next to that slanders or libels a person or organization or o premises you own or rent; disparages a person's or organization's goods, c. Vehicles that travel on crawler treads; products or services; o o d. Vehicles, whether self-propelled or not, maintained e. Oral, written or electronic publication of material • (N that violates a person's right bf privacy; opprimarily to provide mobility •to permanently • mounted: f. Copying, in your "advertisement", a person's or m (1) Power cranes, shovels, loaders, diggers or organization's "advertising idea" or style of odrills; or "advertisement"; . • (2) Road construction or resurfacing equipment g. Infringement of copyright, slogan, •or title of any * such as graders, scrapers or rollers; literary or artistic work, in your"advertisement"; or ,= e. Vehicles not described in a., b., c. or d. above that h. Discrimination or humiliation that results in injury to are not self-propelled and are maintained primarily the feelings or reputation of a natural person. to provide mobility to permanently attached 18. Pollutants mean any solid, liquid, gaseous or thermal equipment of the following types: • irritant or contaminant, including smoke, vapor, soot, (1) Air compressors, pumps and generators, fumes, acids, alkalis, chemicals and waste. Waste including spraying, welding, building cleaning, includes materials to be recycled, reconditioned or geophysical exploration, lighting and well reclaimed. — servicing equipment; or 19."Products-completed operations hazard": • (2) Cherry pickers and similar devices used to raise a. Includes all "bodily injury" and "property damage" • or lower workers; occurring away from premises you own or rent and f. Vehicles not described in a., b., c. or d. above arising out of"your product" or"your work" except: — maintained primarily for purposes other than the (1) Products that are still in your physical transportation of persons or.cargo. . . . possession; or • However, self-propelled vehicles with the following . (2) Work that has not yet been completed or types of permanently attached equipment are not abandoned. However, "your work" will be MIME "mobile equipment" but will be considered "autos": deemed completed at the earliest of the (1) Equipment, of,at least 1,000 pounds gross following times: vehicle weight, designed primarily for: (a) When all of the work called for in your (a) Snow removal; contract has been completed. . (b) Road maintenance, but not construction or IIIIPMNI (b) When all of the work to be done at the job ,. resurfacing; site has been completed if your contract or calls for work at more than one job site. (c) Street cleaning; (c) When that part of the work done at a job site (2) Cherry pickers and similar devices mounted on has been put to its intended use by any automobile or truck chassis and used to raise or person ororganization other than another lower workers; and contractor or subcontractor working on the (3) Air compressors, pumps and generators, same project. including spraying, welding, building cleaning, Work that may need service, maintenance, geophysical exploration, lighting and well correction, repair or replacement, but which is servicing equipment. otherwise complete, . will be .-treated 'as completed. HG 00 01 08 05 Page 17 of 18 b. Does not include "bodily injury" or "property 22."Temporary worker" means a person who is damage" arising out of: furnished to you to substitute for a permanent (1) The transportation of property, unless the "employee" on leave or to meet seasonal or short- injury or damage arises out of a condition in or term workload conditions. on a vehicle not owned or operated by you, 23."Volunteer worker" means a person who and that condition was created by the "loading a. Is not your"employee"; or unloading"of that vehicle by any insured; b. Donates his or her work; (2) The existence of tools, uninstalled equipment c. Acts at the direction of and within the scope of or abandoned or unused materials; or duties determined by you; and (3) Products or operations for which the d. Is not paid a fee, salary or other compensation by classification, listed in the Declarations or in a you or anyone else for their work performed for policy schedule, states that products- completed operations are subject to the you. General Aggregate Limit. 24."Your product": 20."Property damage"means: a. Means: a. Physical injury to tangible property, including all (1) Any goods or products, other than real resulting loss of use of that property.All such loss property, manufactured, sold, handled, of use shall be deemed to occur at the time of the distributed or disposed of by: physical injury that caused it;or (a) You; b. Loss of use of tangible property that is not (b) Others trading under your name; or physically injured. All such loss of use shall be (c) A person or organization whose business deemed to occur at the time of the "occurrence" or assets you have acquired;and that caused it. (2) Containers (other than vehicles), materials, As used in this definition, computerized or parts or equipment furnished in connection electronically stored data, programs or software are with such goods or products. not tangible property. Electronic data means b. Includes information,facts or programs: a. Stored as or on; (1) Warranties or representations made at any time with respect to the fitness, quality, b. Created or used on; or durability, performance or use of "your c. Transmitted to or from; product"; and computer software, including systems and (2) The providing of or failure to provide warnings applications software, hard or floppy disks, CD- or instructions. ROMS, tapes, drives, cells, data processing devices c. Does not include vending machines or other or any other media which are used with electronically property rented to or located for the use of others controlled equipment. but not sold. 21."Suit" means a civil proceeding in which damages 25."Your work": because of "bodily injury", "property damage" or "personal and advertising injury" to which this a. Means: insurance applies are alleged."Suit"includes: (1) Work or operations performed by you or on a. An arbitration proceeding in which such damages your behalf;and are claimed and to which the insured must submit (2) Materials, parts or equipment furnished in or does submit with our consent; or connection with such work or operations. b. Any other alternative dispute resolution b. Includes proceeding in which such damages are claimed (1) Warranties or representations made at any and to which the insured submits with our time with respect to the fitness, quality, consent. durability, performance or use of"your work", and (2) The providing of or failure to provide warnings or instructions. Page 18 of 18 HG 00 01 06 05 COMMERCIAL AUTOMOBILE HA 99 16 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: d, BUSINESS AUTO COVERAGE FORM N o To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. o —1 1. BROAD FORM INSURED d. Any "employee" of yours while using a o o A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or csi Formed Organizations borrow in your business or your personal affairs. mThe Named Insured shown in the C. Lessors as Insureds mDeclarations is amended to include: CV (1) Any legally incorporated subsidiary in Paragraph A.1. - WHO IS AN INSURED - of o which you own more than 50% of the Section II - Liability Coverage is amended to * voting stock on the effective date of the add: Coverage Form. However, the Named e. The lessor of a covered "auto" while the Insured does not include any subsidiary "auto" is leased to you under a written that is an "insured" under any other agreement if: automobile policy or would be an (1) The agreement requires you to "insured" under such a policy but for its provide direct primary insurance for termination or the exhaustion of its Limit the lessor and . of Insurance. OIMIONIN (2) Any organization that is acquired or (2) The"auto" is leased without a driver. formed by you and over which you Such a leased "auto" will be considered a maintain majority ownership. However, covered "auto" you own and not a covered the Named Insured does not include any i` ,"auto"you hire. newly formed or acquired organization: ( D.,)Additional Insured if Required by Contract flinl - (a) That is a partnership, joint venture (1) Paragraph A.1. - WHO IS AN INSURED - or limited liability company - of Section II - Liability Coverage is (b) That is an "insured" under any other amended to add: - policy, f. When you have agreed, in a written (c) That has exhausted its Limit of contract or written agreement, that a Insurance under any other policy, or person or organization be added as (d) 180 days or more after its an additional insured on your acquisition or formation by you, business auto policy, such person or unless you have given us notice of organization is an "insured", but only — the acquisition or formation. to the extent such person or Coverage does not apply to "bodily organization is liable for "bodily — injury" or "property damage" caused injury" or property damage"that results from an "accident" that occurred before by the conduct of an "insured" under you formed or acquired the organization. paragraphs a. or b. of Who Is An B. Employees as Insureds Insured with regard to the ownership, maintenance or use of a Paragraph A.1. -WHO IS AN INSURED -of covered "auto." SECTION II -. LIABILITY COVERAGE is amended to add: 2010, The Hartford (Includes copyrighted material Form HA 9916 0910 of ISO Properties, Inc.,with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other or written agreement that another insurance by the method described in person or organization be added as an Other Insurance 5.d. additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement;or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not the Declarations. seek contribution from that other insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- contributory with the additional insured's insurance would pay for the loss in the own insurance. absence of this insurance; and (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured Suit or Loss amounts under all that other insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any"auto"hired or rented by your"employee" on additional insured shall be required to your behalf and at your direction will be comply with the provisions in LOSS considered an "auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2010, The Hartford(Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc.,with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". N obligation for any difference between the actual m Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" N insurance. and the"outstanding balance" of the loan/lease. 0 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you .--i If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less .�•-i Coverage and if Comprehensive, Specified any amounts representing taxes; overdue o Causes of Loss, or Collision coverages are payments; penalties, interest or charges N provided under this Coverage Form for any resulting from overdue payments; additional a "auto" you own, then the Physical Damage mileage charges;`excess wear and tear charges; M Coverages provided are extended to "autos" you lease termination fees; security deposits not co hire or borrow, subject to the following limit. returned by the lessor; costs for extended The most we willpayfor "loss" to anyhired warranties, credit life Insurance, health, accident o or disability insurance purchased with the loan or "auto"is: lease; and carry-over balances from previous $100,000; (1) loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss"; or— Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or , replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE,the following is added: — whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto"for that coverage. airbag. No deductible applies to "loss" caused by fire or 8. ELECTRONIC EQUIPMENT - BROADENED — lightning. Hired Auto Physical Damage coverageCOVERAGE is excess over any other collectible insurance. Subject to the above limit,deductible and excess The exceptions to Paragraphs B.4 - provisions, we will provide coverage equal to the EXCLUSIONS - of SECTION III - PHYSICAL broadest coverage applicable to any covered DAMAGE COVERAGE are replaced by the - "auto"you own. following: We will also cover loss of use of the hired "auto" a.Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely by liable and the lessor incurs an actual financial use of the power from the "auto's" electrical loss, subject to a maximum of $1000 per system that, at the time of"loss", is: "accident". (1) Permanently installed in or upon the This extension of coverage does not apply to any covered "auto"; "auto" you hire or borrow from any of your (2) Removable from a housing unit which is IMINOINIM "employees", partners (if you are a partnership), permanently installed in or upon the members (if you are a limited liability company), covered "auto"; or members of their households. (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system. ©2010,The Hartford (Includes copyrighted material Form HA 9916 09 10 of ISO Properties, Inc., with its permission.) Page 3 of 5 b.$1,500 is the most we will pay for"loss" in any CLAIM, SUIT OR LOSS - of SECTION IV - one "accident" to all electronic equipment that BUSINESS AUTO CONDITIONS that you must reproduces, receives or transmits audio, visual notify us of an "accident" applies only when the or data signals which, at the time of"loss", is: "accident"is known to: (1) Permanently installed in or upon the (1) You, if you are an individual; covered "auto" in a housing, opening or (2) A partner, if you are a partnership; other location that is not normally used by the "auto" manufacturer for the (3) A member, if you are a limited liability installation of such equipment; company; or (2) Removable from a permanently installed (4) An executive officer or insurance manager, if housing unit as described in Paragraph you are a corporation. b.(1) above or is an integral part of that 13. UNINTENTIONAL FAILURE TO DISCLOSE equipment; or HAZARDS (3) An integral part of such equipment. If you unintentionally fail to disclose any hazards c.For each covered "auto", should loss be existing at the inception date of your policy, we limited to electronic equipment only, our will not deny coverage under this Coverage obligation to pay for, repair, return or replace Form because of such failure. damaged or stolen electronic equipment will 14. HIRED AUTO-COVERAGE TERRITORY be reduced by the applicable deductible shown Paragraph e. of GENERAL CONDITIONS 7. - in the Declarations, or $250, whichever POLICY PERIOD, COVERAGE TERRITORY - deductible is less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE-BROADENED COVERAGE CONDITIONS is replaced by the following: Under Paragraph A. -COVERAGE- of SECTION e. For short-term hired "autos", the coverage III - PHYSICAL DAMAGE COVERAGE, we will territory with respect to Liability Coverage is pay for the expense of returning a stolen covered anywhere in the world provided that if the "auto"to you. "insured's" responsibility to pay damages for 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE "bodily injury" or "property damage" is Under Paragraph D. DEDUCTIBLE of SECTION determined in a "suit,"the "suit" is brought in III - PHYSICAL DAMAGE COVERAGE, the the United States of America, the territories and possessions of the United States of following is added: America, Puerto Rico or Canada or in a No deductible applies to glass damage if the settlement we agree to. glass is repaired rather than replaced. 15. WAIVER OF SUBROGATION 11. TWO OR MORE DEDUCTIBLES TRANSFER OF RIGHTS OF RECOVERY Under Paragraph D.-DEDUCTIBLE-of SECTION AGAINST OTHERS TO US - of SECTION IV - III - PHYSICAL DAMAGE COVERAGE, the BUSINESS AUTO CONDITIONS is amended by following is added: adding the following: If another Hartford Financial Services Group, We waive any right of recovery we may have Inc. company policy or coverage form that is not against any person or organization with whom an automobile policy or coverage form applies to you have a written contract that requires such the same"accident",the following applies: waiver because of payments we make for (1) If the deductible under this Business Auto damages under this Coverage Form. Coverage Form is the smaller (or smallest) 16. RESULTANT MENTAL ANGUISH COVERAGE deductible, it will be waived; The definition of "bodily injury" in SECTION V- (2) If the deductible under this Business Auto DEFINITIONS is replaced by the following: Coverage Form is not the smaller (or "Bodily injury" means bodily injury, sickness or smallest) deductible, it will be reduced by the disease sustained by any person, including amount of the smaller (or smallest) mental anguish or death resulting from any of deductible. I hese. 12. AMENDED DUTIES IN THE EVENT OF ., 17XTENDED CANCELLATION CONDITION ` ACCIDENT, CLAIM,SUIT OR LOSS in LOSS CONDITIONS 2.a. - Paragraph 2. of the COMMON POLICY The requirement CONDITIONS - CANCELLATION - applies DUTIES IN THE EVENT OF ACCIDENT, except as follows: ©2010,The Hartford (Includes copyrighted material Form HA 99 16 0910 of ISO Properties, Inc.,with its permission.) Page 4 of 5 If we cancel for any reason other than c.Regardless of the number of autos damaged nonpayment of premium, we will mail or deliver in any one "loss", the most we will pay under to the first Named insured;written notice of this Hybrid Payment Coverage provision for cancellationat least 60 days before the effective any one "loss"is $10,000. date of cancellation. For the purposes of the coverage provision, 18. HYBRID PAYMENT COVERAGE a.A "non-hybrid" auto is defined as an auto that In the event of a total loss to a "non-hybrid" auto uses only an internal combustion engine to for which Comprehensive, Specified Causes of move the auto. Loss, or Collision coverages are provided under b.A "hybrid" auto is defined as an auto with an this Coverage Form, then such Physical internal combustion engine and one or more Damage Coverages are amended as follows: electric motors; and that uses the internal a.lf the auto is replaced with a "hybrid" auto, we combustion engine and one or more electric rn will pay an additional 10%, to a maximum of motors to move the auto, or the internal CV N $2,500, of the "non-hybrid" auto's actual cash combustion engine to charge one or more value or replacement cost, whichever is less, electric motors, which move the auto. f{ b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," 0 O N a rn N O mismi MOM EMMEN 1 .1.111.11 O .-i C ©2010,The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 5 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT N Policy Number: 33 WB BL0226 Endorsement Number: ,._, Effective Date: 04/06/12 Effective hour is the same as stated on the Information Page of the policy. co • Named Insured and Address: LNV INC. CN (N 801 NAVIGATION BLVD STE 300 a CORPUS CHRISTI, TX 78408 m rn N This endorsement applies only to the insurance provided by the policy because Texas is shown in I:em 3.A. of the Information Page. • We have the right to recover our payments from anyone liable for an injury covered by this policy. INe 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: ALL TEXAS OPERATIONS (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. - 2. Operations: ALL TEXAS OPERATIONS ▪ 3. Premium: _-_ The premium charge for this endorsement shall be 2.0 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. Advanced Premium: Countersigned by Authorized Representative Form WC 42 03 04 Printed in U.S.A. Process Date: 04/25/12 Policy Expiration Date: 04/06/13 4, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional If notice is mailed, proof of mailing to the last known -1 --Conditions: mailing address of the certificate holder(s) on file with A.)lf this policy is cancelled by the Company, other the agent of record or the Company will be sufficient >—'than for nonpayment of premium, notice of such proof of notice. cancellation will be provided at least thirty (30) Any notification rights provided by this endorsement days in advance of the cancellation effective date apply only to active certificate holder(s) who were to the certificate holder(s) with mailing addresses issued a certificate of insurance applicable to this on file with the agent of record or the Company. policy's term. B. If this policy is cancelled by the Company for Failure to provide such notice to the certificate nonpayment of premium, or by the insured, notice holder(s) will not amend or extend the date the of such cancellation will be provided within (10) cancellation becomes effective, nor will it negate days of the cancellation effective date to the cancellation of the policy. Failure to send notice shall certificate holder(s) with mailing addresses on file impose no liability of any kind upon the Company or its with the agent of record or the Company. agents or representatives. Form IH 0313 06 11 Page 1 of 1 © 2011,The Hartford