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HomeMy WebLinkAboutC2015-248 - 8/19/2015 - NA AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 19TH day of AUGUST, 2015, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and National Power Rodding Corp. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $2,750,000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CITY-WIDE COLLECTION SYSTEM REPLACEMENT & REHAB ID/IQ PROCUREMENT - CONTRACT RENEWAL #2 (Original Project E12161) PROJECT NO. E15175 (TOTAL CONTRACT AMOUNT: $2,750,000.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. 2015-248 Page 1 of 3 8/19/15 Rev. Jun-2010 National Power Rodding Corp. INDEXED Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A-26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 12 MONTHS CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun-2010 ATTEST:2;,---L..-&C...e—Ct / )& CITY • - • - STitBy: .. • y Secretary J.H. dmonds, P.E. Director of Capital Programs APPROVED AS TO LEGAL F•RM: B , /// , Ass 'City Attorney ori CONTRACTOR ATTEST: (If Corporation) National Power Roddin• or.. Age _" 0//41.:-., r , By: �t� (Sea slow) Reid W. Ruprecht ^1 Ian reidler Secretary Title: Pres' .ent (Note: If Person signing for corporation is not President, 2500 W. Arthington Street attach copy of authorization (Address) to sign) Chicago, IL 60612-4108 (City) (State) (ZIP) 312/666-7700*312/666-5810 (Phone) (Fax) dresendez(@nationalpowerroddinq.com Email Page 3 of 3 Rev. Jun-2010 (C. N ATIONAL POWER RODDING CORP. ) The Environmentai Protection Specialists 2500 W.Arthington Street • Chicago, IL 60612-4108 • 312--666-7700 • Fax: 312-666-5810 August 13, 2015 J.H. Edmonds, P.E. Director of Capital Programs PO Box 9277 Corpus Christi, TX 78469-9277 RE: City-wide Collection System Replacement & Rehab ID/IQ Procurement City Project No. PR E14015 Original City Project No. E12161 NPR Job# COR 100-1 Agreement to Contract Renewal Dear Mr. Edmonds: National Power Rodding is proud to be a contractor for the City of Corpus Christi and excited about the opportunity to extend our relationship with the City and the engineering firms representing them. National Power Rodding agrees to renew the above referenced contract as per contract documents with no economic adjustment for bid items. We agree to a contract renewal in the amount of$2,750,000. If additional information is requir- • ease contact me at 312-666-7292. Sincerely, National Power 'odding Corp Willia T. Kreidler President CC: Logan Burton,P.E. Eric Gasper, EIT Fabian Castel A CARYLON COMPANY 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. El Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Illinois ❑ 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 Bidd- Bidder: Company Name: National Power Rodding Corporatio Ly�,� By: (typed or• ed) . G (s• •'•tore—• • . • . a hority to sign) Name: William T.Kreidler (typed or printed) Title: President Business address: 9810 FM 969 Austin,TX 78724 Phone: 512-928-1420 Email: office@nationalpowerrodding.com END OF SECTION Compliance to State Law on Nonresident Bidders 00 3002-1 [Insert Project Name and Number] 11-25-2013 00 3004 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.1481,80th Leg.,Regular Session. OFFICE USEONLY This questionnaire is being flied in accordance with Chapter 178,Local Government Code tie Demme by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental eniiy and the person meets requirements under Section 176.006(a). 8y lawthisquesfionnatle must be filed with the records administrator ofthe local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006.Local Government Code. A person commits an offense if the person knowingly violates Section 176.006. Local Government Code.An offense under this section is a Class C misdemeanor. J Name of person who has a business relationship with local governmental entity. N/A J Check Ode 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.) J Name of local government officer with whom filer hes employment or business relationship. Name of Officer This section(dem 3 including subparts A, B.C 8 D) must be completed for each officer with whom the filer has en 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 Mealy to receive taxable income.other then investment income,from the filer of the gtestionnaire? EiYes [JNo B. Is the Ger of the questionnaire recehring or Reiy 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 -entity? ED Yes pNo C. is the fifer 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 owrtersltip of 10 percent or more? El Yes E] No 0.Describe each employment or business relationship . .. I government officer named in this section. 8/25/15 resident Wal the gorenhmerAct entity Date tIW Ilam T. r '•I- , • Adopted 08/29/2007 00 3005 City of Corpus Christi Disclosure of Interest -070 SUPPUER NUMBER TO BE B = PURCHASING DIVISION "`"' CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of C Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the C' 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: National Power Rodding Corp. P.O.BOX: 9810 FM 969 STREET ADDRESS: Austin CITY: TX ZIP: 78724 - FIRM IS: 4. CCorppooration� ® 2. 0 hip e 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse de 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 NONE Job Title and City Department(if known) 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 NONE 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 NONE Board,Commission or Committee 4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name NONE Consultant 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 o. t,that I have not knowingly withheld disclosure of any information requested; and , . .I statements will be promptly submitted to the City of Corpus Christi,Texas as changes . ur. Certifying Person: William T.Kreidler itle: Pres'•-nt (unix or No Signature of Certifying ^ Date: 8/25/15 Person: EFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the 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 stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. 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 tively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Insert Project Name Programmed Water Line Service Extension Insert Project Number City-Wide Water Distribution System Repair and Replacement (IDIQ)Procurement,Funding Source FY 2014 Project No.8610 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: National Power Rodding Corporation (typed or pri d) By: � i��/1 .• (signature ,,•/44000077'; au • •- • Name: William T.Kreidler (typed or printed) Title: President Business address: 9810 FM 969 Austin,TX 78724 Phone: 512-928-1420 Email: office@nationalpowerroddding.com END OF SECTION Non-Collusion Certification 00 30 06-1 [Insert Project Name and Number] 11-25-2013 4 00 61 13 PERFORMANCE BOND BOND# 105909015 Contractor as Principal Surety Travelers Casualty and Surety Name: National Power Rodding Corp. Name: Company of America Mailing address(principal place of business): Mailing address(principal place of business): 2500 W.Arthington Street 215 Shuman Boulevard Chicago,IL 60612-4108 Naperville, IL 60563 Physical address(principal place of business): Owner 215 Shuman Boulevard Name: City of Corpus Christi,Texas Naperville, IL 60563 Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Connecticut Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): 630-961-7005 #E15175 City-Wide Collection System Replacement&Rehab ID/IQ Procurement Telephone(for notice of claim): 267-675-3130 Contract Renewal#2(Original#E12161) Local Agent for Surety Name: Kevin Keetch Award Date of the Contract: August 19,2015 Address: 1718 Santa Fe Street Corpus Christi,TX 78404 Contract Price: $2,750,000.00 Bond Telephone: 361-883-3803 E-Mail Address: kwoods@keetchins.com Date of Bond: August 20,2015 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number:1-800-252-3439 be deemed an original. Performance Bond 00 61 13-1 #E15175 City-Wide Collect Syst I0/10 Cont Ren#2 3-4-2014 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 if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at le • er- . Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal National Power ',•ding Cor. Surety Travelers C ua and Surety any of America Signature: /AX / Signature: kitCid Name: William 'reidler Name: Oscar F.Rincon Title: Presi. = t Title: Attorney-in-Fact Email Address: Email Address: orincon@travelers.com office@nationalpowerrodding.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 3-4-2014 #E15175 City-Wide Collect Syst ID/IQ Cont Ren#2 TRAVELERS J IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267)675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 41111► POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 229040 Certificate No. 0 0 6 3 5 2 5 3 7 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Carol F.Tasciotti,Evonne Brown,Adele M. Korczak,Grace Villarreal,Gail Schroeder,Gina M.Damato,Thomas A.Pictor,Michael Damewood, Vaenessa Sims,Luisa Seymour,Thomas N.Tague,Brenda D.Hockberger,Carlina A.Oswald.Tara S.Petersen,Todd D.Baraniak,Dale F.Paquette, Oscar F.Rincon,Moises Alcantar,James P.Fagan,Stephanie Miller,Grace Lawrence,Ann Mulder,Launa Reidenhach,William Matthews,Mary D. Thomas,Amber Derkson,Dan Hasson,Dan Orna,Kristan Retusnic,Kathleen Stewart,Mary Jo Campbell,Carrie Smith,Adam Kveton, Jessica Hernandez,Robin Vinci,Jason Cummings,and Deb Bartz of the City of Naperville/Chicago ,State of Illinois ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. State of ILLINOIS County of DUPAGE On this 20th day of August , 2015 , before me personally appeared Oscar F.Rincon known to me to be the Attorney-in-Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. IN WITNES #it �...• �.v- !ere to set m hand and affixed my official seal the day and year in this certificate first written above. OFFICIAL SEALeo- BRENDA D. TE LNOTARY PUBLIC-STATE OF ILLINOIS i / i MY COMMISSION EXPIRES FEB 4,2016 otary Public) 8th June 2015 On this the day of ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. to.TENIn Witness Whereof,I hereunto set my hand and official seal. ` W"�' . My Commission expires the 30th day of June,2016. * AbBLO * \cf\ Marie C.Tetreault,Notary Public 49i GIP 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company 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 in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 20th day of August ,20 15 I ri✓' Kevin E.Hughes,Assistant Sec tary C ,4 1•F FIRE QnWW \ Ylfv � J-:!pwp...�.!.!.!�!MCORpggAED 951 a ; 9 coHH. km". 1896 '4,)Awe"" (�< To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • 00 61 16 PAYMENT BOND BOND# 105909015 Contractor as Principal Surety Travelers Casualty and Surety Name: National Power Rodding Corp. Name: Company of America Mailing address(principal place of business): Mailing address(principal place of business): 2500 W.Arthington Street 215 Shuman Boulevard Chicago,IL 60612-4108 Naperville, IL 60563 Physical address(principal place of business): Owner 215 Shuman Boulevard Name: City of Corpus Christi,Texas Naperville, IL 60563 Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of:Connecticut Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): 630-961-7005 #E15175 City-Wide Collection System Replacement& Rehab ID/IQ Procurement Contract Renewal#2(Original#E12161) Telephone (for notice of claim): 267-675-3130 Local Agent for Surety Name: Kevin Keetch Award Date of the Contract: August 19,2015 Address: 1718 Santa Fe Street Contract Price: $2,750,000.00 Corpus Christi,TX 78404 Bond Telephone: 361-883-3803 E-Mail Address: kwoods@keetchins.com Date of Bond: August 20, 2015 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number:1-800-252-3439 be deemed an original. Payment Bond Form 00 61 16-1 Proj#E15175 City-Wide Collect Syst Cont Ren#2 3-4-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as a -• • -• • d all liabilities on this bond shall be determined in accordance with the provisions • •i• Chapter to e same extent as if it were copied at length herein. Venue shall lie exclusive! ueces County, - as for any legal action. Contractor as Principal National Pow- •odding Corp. urety Travelers and S -ty C.• .eny of America Signature: Signature: ( Name: William W Kreidler a Oscar F.Rincon Title: Pres t Title: Attorney-in-Fact Email Address: Email Address: orincon@travelers.com office@nationalpowerrodding.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 3-4-2014 Proj#E15175 City-Wide Collect Syst Cont Ren#2 TRAVELERS J IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001 . WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 229040 Certificate No. 0 0 6352536 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Carol F.Tasciotti,Evonne Brown,Adele M.Korczak,Grace Villarreal,Gail Schroeder,Gina M. Damato,Thomas A.Pictor,Michael Damewood, Vaenessa Sims,Luisa Seymour,Thomas N.Tague,Brenda D.Hockberger,Carlina A.Oswald,Tara S.Petersen,Todd D.Baraniak,Dale F.Poquette, Oscar F.Rincon,Moises Alcantar,James P.Fagan.Stephanie Miller,Grace Lawrence,Ann Mulder,Launa Reidenbach,William Matthews,Mary D. Thomas,Amber Derkson,Dan Hasson,Dan Orna,Kristan Retusnic,Kathleen Stewart,Mary Jo Campbell,Carrie Smith,Adam Kveton, Jessica Hernandez,Robin Vinci,Jason Cummings,and Deb Bartz of the City of Naperville/Chicago ,State of Illinois ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies caused this instrument to be signed and their corporate seals to be hereto affixed,this 8th June State of ILLINOIS County of DUPAGE On this 20th day of August 2015 , before me personally appeared Oscar F.Rincon known to me to be the Attorney-in-Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. IN WITNES #./F. ,>_._I. t.v .t ere to set m hand and affixed my official seal the day and year in this certificate first written above. OFFICIAL SEAL BRENDA D.-ST TEERGER OFILLINOISl .j' • NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES FEB 4,2016 �l Mary Public) un uus uie ....,"- - be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TET In Witness Whereof,I hereunto set my hand and official seal. ( `t A \ciailA� C My Commission expires the 30th day of June,2016. * Pueoo * Marie C.Tetreault,Notary Public o49VECS'�'$ 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company 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 in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 20th day of August ,20 15 . Kevin E.Hughes,Assistant Sec tary 5� ,�trtrgc� "• 'ow F\0.E 6 M IN a O < oA°a t °i�...-...56 pt\NS4q' ��.r aryo N�twtM1 �ytY WO� t' � G '!Yq �jnAP011 97 J�-.......'L �n r1CORPORATED� m`s a f:'� RPOFA � S 1982 0 w=w rfs� > 1977 r. ; �, — �m z: _._ sP CONN 1 .000. §' nc 5" "+Ecraa 1951 3, �&` - :SEAL " '; '" cor+r,. curve. P N 1896 .41 ti t er��' vs... .�t° o�.SEAL.a o $ 1 0 i p� '�' S649 as `\c y . L s.... 'a° 1 •'.\ i°'w ";n �S. ! .......*� % 'dap! .... �' ' �1 ANt To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TE(MMI AC RD® 8/26/2015 CERTIFICATE OF LIABILITY INSURANCE ADATEIMMIDDIYYYY) 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(les)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 MARSH USA INC. PHON: 540 W.MADISON IA/CNNQ-Extj: I A1C,Not: CHICAGO,IL 60661 E-MAIL Attn:chicago.CertRequest@marsh.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC a NPRC INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:Lexington Insurance Company 19437 NATIONAL POWER RODDING CORP. 2500 WEST ARTHINGTON STREET INSURER C: , CHICAGO,IL 60612-4108 INSURER 0: INSURER E: INSURER F: I COVERAGES CERTIFICATE NUMBER: CHI.006188166-10 REVISION NUMBER:13 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 AWLTYPE OF INSURANCE MD SUER POLICY NUMBER IMM/DDIYYYYI IY EFF MMIODIYYXP YYY LIMITS LTR MD WVD L A X COMMERCIAL GENERAL LIABILITY ✓ GL09377201.11 10/31/2014 10/31/2015 EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X ,OCCURDAMAGE/ PREMISES occurrence)O(Ea� S 1,000,000 X IXCU INCLUDED NTED V MED EXP(Any one person) S 10,000 I PERSONAL ft ADV INJURY S 1000000 GEN'L AGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE S ✓ 2,002,000 POLICY X Te, LOC PRODUCTS-COMP/OP AGG S 2,000,000 IOTHER: S A AUTOMOBILE LIABILITY ✓ BAP 937719911 10/31/2014 10/31/2015 COMBINED SINGLE LIMIT s / 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED l SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS --1 NON-OWNED PROPERTY DAMAGE S j HIRED AUTOS 1 AUTOS (Per accident) :1 1 S B X 1UMBRELLA UAB X OCCUR I 1015438245 1031/2014 10(31/2015 EACH OCCURRENCE S 1,000,000 EXCESS UAB CLAIMS-MADE I .7 AGGREGATE S 1,000,000 DED X RETENTIONS 10.000 ! S A WORKERS COMPENSATION J WC 9377202-11 10/31/2014 10/31/2015 X PERTUTE OT H- T AND EMPLOYERS'UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE YNN N/A / E.L.EACH ACCIDENT S 1,000,000 OFFICERIMEMBER EXCLUDED (Mandatory in NH) E.L.DISEASE-EA EMPLOYEES 1,000,000 It yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT S I I I / I 1 _♦/ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE:PROJECT:CITY-WIDE COLLECTION SYSTEM REPLACEMENT 8 REHAB ID/1Q PROCUREMENT CONTRACT RENEWAL 42:PROJECT NO:E15175(ORIGINAL CONTRACT NO.:E12161). THE CITY OF CORPUS CHRISTI IS AN ADDITIONAL INSURED UNDER GENERAL LIABILITY AND AUTOMOBILE LIABILITY,BUT ONLY TO THE EXTENT REQUIRED BY THEIR WRITTEN CONTRACT WITH THE NAMED INSURED FOR OPERATIONS PERFORMED BY THE NAMED INSURED. CERTIFICATE HOLDER $ AUG 31 Cull CANCELLATION , CITY OF CORPUS CHRISTI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DEPARTMENT OF ENGINEERING SERVICES -.- THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN:CONTRACT ADMINSTRATOR, ACCORDANCE WITH THE POLICY PROVISIONS. SYLVIAA@CCTEXAS.COM PO BOX 9277 AUTHORIZED REPRESENTATIVE CORPUS CHRISTI,TX 78469-9277 of Marsh USA Inc. Manashi Mukher)ee ..Lauraos..: --.101-.A-14-0.44c4-- I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD J 9 Additional Insured — Owners, Lessees Or Contractors — ZURICH~ Ongoing Operations — Scheduled Policy No. Eft. Dale of Pot Exp. Date of Pol. Eft. Date of End. Producer No. Add'I.Prem Return Prem. G L09377201-11 10/31/2014 10/31/2015 10/31/2014 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: J Commercial General Liability Coverage Part SCHEDULE Name of Person or Organization: Location and Description of Additional Ongoing Operations: Premium: ANY PERSON OR ORGANIZATION TO WHOM OR ANY LOCATION OR PROJECT WHERE YOU ARE TO WHICH YOU ARE REQUIRED TO PROVIDE REQUIRED TO PROVIDE ADDITIONAL INSURED ADDITIONAL INSURED STATUS IN A WRITTEN STATUS IN A WRITTEN CONTRACT OR WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED AGREEMENT EXECUTED PRIOR TO THE LOSS, PRIOR TO THE LOSS EXCEPT WHERE SUCH EXCEPT WHERE SUCH CONTRACT OR AGREEMENT CONTRACT OR AGREEMENT IS PROHIBITED BY IS PROHIBITED BY LAW. LAW. A. Section II — Who Is An Insured is amended to include as an insured any person or organization shown in the Schedule of this endorsement, but only with respect to liability arising out of your ongoing operations performed for that insured at or from the corresponding location designated and described in the Schedule. However, ii you have entered into a construction contract with an additional insured person or organization shown in the Schedule of this endorsement, the insurance afforded to such additional insured only applies to the extent permitted by law. B. With respect to the insurance afforded to any additional insured shown in the Schedule of this endorsement, the following additional exclusion applies: This insurance does not apply to"bodily injury" or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions of this policy remain unchanged. U-GL-1465-D CW(12-13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, ;nc.,with its permission. 1 0 Additional Insured — Owners, Lessees Or Contractors — ZURICH~ Completed Operations — Scheduled Policy No. Elf. Dale of Pol. Exp. Date of Pol. Eft. Date of End. Producer No. Addl.Prem Return Prem. / GL09377201-11 10131/2014 10/31/2015 10/31/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commer ial General Liability Coverage Pert SCHEDULE Name of Person or Organization: Location and Description of Additional Completed Operations: Premium: ANY PERSON OR ORGANIZATION TO WHOM OR ANY LOCATION OR PROJECT WHERE YOU ARE TO WHICH YOU ARE REQUIRED TO PROVIDE REQUIRED TO PROVIDE ADDITIONAL INSURED ADDITIONAL INSURED STATUS IN A WRITTEN STATUS IN A WRITTEN CONTRACT OR WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED AGREEMENT EXECUTED PRIOR TO THE LOSS, PRIOR TO THE LOSS EXCEPT WHERE SUCH EXCEPT WHERE SUCH CONTRACT OR AGREEMENT CONTRACT OR AGREEMENT IS PROHIBITED BY IS PROHIBITED BY LAW. LAW. Section II —Who Is An Insured is amended to include as an insured any person or organization shown in the Schedule of this endorsement, but only with respect to liability arising out of "your work" at or from the corresponding location designated and described in the Schedule performed for that insured and included in the"products-completed operations hazard". However, ii you have entered into a construction contract with an additional insured person or organization shown in the Schedule of this endorsement, the insurance afforded to such additional insured only applies to the extent permitted by law. All other terms and conditions of this policy remain unchanged. U-GL-1466-D CW(12-13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. • 0 Blanket Notification to Others of Cancellation ZURICH. Pdlcy No. Eff. Date of Pol. Exp. Date of Pd. Eff.Date of End. Producer No. Add'I.Prem Return Prem. GL09377201-11 10-31-2014 10-31-2015 10-31-2014 30060-000 N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us;and 4. Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2.3. and 4.above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured. C. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs A.and B.of this endorsement. D. Our delivery of electronic notification described in Paragraphs A.and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A.and B. of this endorsement. All dher terms and conditions of this policy remain unchanged. u-GL-1114A CW(10-02) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 0 Coverage Extension Endorsement — Liability Only ZURICH Policy No. Elf. Date of Pol Exp. Date of Pot. Elf. Date of End. Producer No. Addl.Prem Return Prem. BAP9377199-11 10/31/2014 10/31/2015 10/31/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: IBusiness Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II —Covered Autos Liability Coverage: The following are also"insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an Insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission,while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an"auto"referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations,whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident",will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2)and a.(4)of the Coverage Extensions Provision in Section II—Covered Autos Liability Coverage are replaced by the following: (2) Up to$5,000 for the cost of bail bonds(including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured"at our request, including actual loss of earnings up to$500 a day because of time off from work. U-CA-428-A CW(02-14) Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. • C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II—Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability Coverage The following is added to the Racing Exclusion in Section II—Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to,auto or truck rodeos and other auto or truck agility demonstrations. E. Amended Duties In The Event Of Accident,Claim, Suit Or Loss Paragraph a.of the Duties In The Event Of Accident,Claim,Suit Or Loss Condition is replaced by the following: a. In the event of"accident",daim, "suit"or"loss",you must give us or our authorized representative prompt notice of the"accident",daim,"suit"or"loss". However,these duties only apply when the"accident",claim, "suit"or "loss"is known to you (if you are an individual),a partner(if you are a partnership),a member(ii you are a limited liability company)or an executive officer or insurance manager(if you are a corporation). The failure of any agent,servant or employee of the"insured"to notify us of any"accident",claim, "suit"or"loss"shall not invalidate the insurance afforded by this policy. Include,as soon as practicable: (1) How,when and where the"accident"or"loss"occurred and if a claim is made or"suit"is brought,written notice of the claim or"suit"including,but not limited to,the date and details of such claim or"suit"; (2) The"insured's"name and address;and (3) To the extent possible,the names and addresses of any injured persons and witnesses. If you report an"accident",daim,"suit"or"loss"to another insurer when you should have reported to us,your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. F. Waiver of Transfer Of Rights 01 Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss",provided that the"accident"or"loss"arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. G. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However,we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disdose any hazards existing at the inception date of this Coverage Form;or (2) Make an error,omission,improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. H. Hired Auto—World Wide Coverage Paragraph 7a.(5)of the Policy Period,Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered"auto"is leased,hired,rented or borrowed for a period of 60 days or less, I. Bodily Injury Redefined The definition of"bodily injury"in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-428-A CW(02-14) Page 2 of 3 includes copyrighted material d Insurance Services Office,Inc.,with its permission. J. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section Il—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the"insured". This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or Property. All other terms, conditions,provisions and exclusions of this policy remain the same. U-CA-428-A CW(02-14) Page 3of3 includes copyrigMed material of Insurance Services Office,Inc.,with Its permission. ENDOFLSEMENT Insurancefor this cweragepart pro/Wed by: / Policy Number ZURICH AMERICAN INSURANCE COMPANY ✓/ BAP 9377199-11 Renewal of Number BAP 9377199-10 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE: COMMERCIAL AUTO COVERAGE PART A. IF WE CANCEL THIS COVERAGE PART BY WRITTEN NOTICE TO THE FIRST NAMED INSURED FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, WE WILL DELIVER ELECTRONIC NOTIFICATION THAT SUCH COVERAGE PART HAS BEEN CANCELLED TO EACH PERSON OR ORGANIZATION SHOWN IN A SCHEDULE PROVIDED TO US BY THE FIRST NAMED INSURED. SUCH SCHEDULE: 1. MUST BE INITIALLY PROVIDED TO US WITHIN 15 DAYS: A. AFTER THE BEGINNING OF THE POLICY PERIOD SHOWN IN THE DECLARATIONS; OR B. AFTER THIS ENDORSEMENT HAS BEEN ADDED TO POLICY; 2. MUST CONTAIN THE NAMES AND E—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nsurance for this coverage part provided by: AMERICAN ZURICH INSURANCE COMPANY This endorsement changes the insurance as is afforded by the policy relating to the following: Named Insured ,/ Policy Number CARYLON CORPORATION WC 9377202-11 BLANKET NOTICE TO OTHERS OF CANCELLATION THIS ENDORSEMENT IS USED TO ADD THE FOLLOWING TO PART SIX OF THE POLICY. PART SIX — CONDITIONS F. NOTIFICATION TO OTHERS OF CANCELLATION 1. IF WE CANCEL THIS POLICY BY WRITTEN NOTICE TO YOU FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, WE WILL DELIVER ELECTRONIC NOTIFICATION TO EACH PERSON OR ORGANIZATION SHOWN IN A SCHEDULE PROVIDED TO US BY YOU. SUCH SCHEDULE: A. MUST BE INITIALLY PROVIDED TO US WITHIN 15 DAYS: AFTER THE BEGINNING OF THE POLICY PERIOD SHOWN IN THE DECLARATIONS; OR AFTER THIS ENDORSEMENT HAS BEEN ADDED TO POLICY; B. MUST CONTAIN THE NAMES AND E—MAIL ADDRESSES OF ONLY THE PERSONS OR ORGANIZATIONS REQUIRING NOTIFICATION THAT THIS POLICY HAS BEEN CANCELLED; C. MUST BE IN AN ELECTRONIC FORMAT THAT IS ACCEPTABLE TO US; AND D. MUST BE ACCURATE. SUCH SCHEDULE MAY BE UPDATED AND PROVIDED TO US BY YOU DURING THE POLICY PERIOD. SUCH UPDATED SCHEDULE MUST COMPLY WITH PARAGRAPHS B. C. AND D. ABOVE. 2. OUR DELIVERY OF THE ELECTRONIC NOTIFICATION AS DESCRIBED IN PARAGRAPH 1. OF THIS ENDORSEMENT WILL BE BASED ON THE MOST RECENT SCHEDULE IN OUR RECORDS AS OF THE DATE THE NOTICE OF CANCELLATION IS MAILED OR DELIVERED TO YOU. DELIVERY OF THE NOTIFICATION AS DESCRIBED IN PARAGRAPH 1. OF THIS ENDORSEMENT WILL BE COMPLETED AS SOON AS PRACTICABLE AFTER THE EFFECTIVE DATE OF CANCELLATION TO YOU. 3. PROOF OF EMAILING THE ELECTRONIC NOTIFICATION WILL BE SUFFICIENT PROOF THAT WE HAVE COMPLIED WITH PARAGRAPHS 1. AND 2. OF THIS ENDORSEMENT 4. OUR DELIVERY OF ELECTRONIC NOTIFICATION DESCRIBED IN PARAGRAPHS 1. AND 2. OF THIS ENDORSEMENT IS INTENDED AS A COURTESY ONLY. OUR FAILURE TO PROVIDE SUCH DELIVERY OF ELECTRONIC NOTIFICATION WILL NOT: A. EXTEND THE POLICY CANCELLATION DATE; B. NEGATE THE CANCELLATION; OR C. PROVIDE ANY ADDITIONAL INSURANCE THAT WOULD NOT HAVE BEEN PROVIDED IN THE ABSENCE OF THIS ENDORSEMENT. 5. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, TIMELINESS AND VALIDITY OF INFORMATION CONTAINED IN THE SCHEDULE PROVIDED TO US AS DESCRIBED IN PARAGRAPHS 1. AND 2. OF THIS ENDORSEMENT. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U-WC-331A(o7 94} Pape 1 Last page