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HomeMy WebLinkAboutC2018-312 - 1/23/2018 - Approved C2018-312 1/23/18 M2018-014 Haas-Anderson Construction 00 52 23 AGREEMENT This Agreement,for the Project awarded on January 23,2018, is between the City of Corpus Christi (Owner)and Haas-Anderson Construction, Ltd. (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: La Volla Creek Drainage Channel Excavation Project No. E10200 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Urban Engineering 2725 Swantner Corpus Christi,TX 78404 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd, Bldg#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 245 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 275 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 00 52 23-1 La Volla Creek Drainage Channel Excavation—Project No.E10200 Rev01-13-2016 S('JANNFI) CONTRACT DOCUMENTS FOR CONSTRUCTION OF LA VOLLA CREEK DRAINAGE CHANNEL EXCAVATION - PHASE 1 PROJECT NUMBER E10200 T *RHDel O 92606 City of Corpus Christi EUURBAN ENGINEERING 2725 Swantner Corpus Christi, TX 78404 (361) 854-3101 TBPE FIRM No.: 145 TBPLS FIRM No.: 10032400 OCTOBER 2017 Record Drawing Number 5T0567 UE Job No.:42468.01.00 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev O1-13-2016) 00 30 00 Bid Acknowledgment Form (Rev 01-13-2016) 00 30 01 Bid Form (Rev 01-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Revo1-13-2016) 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience (Rev 10-06-2015) 00 52 23 Agreement(Rev 01-13-2016) 006113 Performance Bond (Revo1-13-2016) 00 61 16 Payment Bond (Revo1-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements (Revo1-13-2016) 00 72 02 Wage Rate Requirements(Rev 06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Revo1-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 011100 Summary of Work(Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures (Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Rev 01-13-2016) 01 31 00 Project Management and Coordination (Revo1-13-2016) 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 01 35 00 Special Procedures Table of Contents 000100- 1 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev O1-13-2016 Division/ Title Section 014000 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications 021020 Site Clearing and Stripping 021040 Site Grading 022060 Channel Excavation 028020 Seeding 028300 Fence Relocation Part T Technical Specifications-NONE Appendix NONE END OF SECTION Table of Contents 000100-2 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev 01-13-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: La Volla Creek Drainage Channel Excavation—Phase 1 Project No. E10200 A. The project includes approximately 170,000 CY of excavation in a drainage channel, filling of a small ravine, construction of an overflow structure, and options for placement of excess material. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$1,632,000. The Project is to be substantially complete and ready for operation within 245 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. 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— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than Wednesday, November 15, 2017 at 2:00 pm., to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. Invitation to Bid and Instructions to Bidders 002113- 1 La Volla Creek Drainage Channel Excavation—Phase 1, Project No. E10200 Rev 01-13-2016 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—La Volla Creek Drainage Channel Excavation—Phase 1, Project No. E10200 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at 2:00 pm on Wednesday, November 15, 2017, at the following location: City Hall Building— City of Corpus Christi Third Floor, Engineering Services Engineering Services Smart Board Conference Room (Park& Recreation Department) 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4 PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on 11:00 am on Tuesday, October 31, 2017, at the following location: City Hall Building—Engineering Services Conference Room 1 or 2 3rd floor, Engineering Services 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. Invitation to Bid and Instructions to Bidders 002113-2 La Volla Creek Drainage Channel Excavation—Phase 1, Project No. E10200 Rev 01-13-2016 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. 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 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only Invitation to Bid and Instructions to Bidders 002113-3 La Volla Creek Drainage Channel Excavation—Phase 1, Project No. E10200 Rev 01-13-2016 answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 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 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 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 submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 7 below. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition,that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if,within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. Invitation to Bid and Instructions to Bidders 002113-4 La Volla Creek Drainage Channel Excavation—Phase 1, Project No. E10200 Rev 01-13-2016 ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110,trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. Invitation to Bid and Instructions to Bidders 002113-5 La Volla Creek Drainage Channel Excavation—Phase 1, Project No. E10200 Rev 01-13-2016 ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 0045 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner,the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. 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 and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16-MINORITY/ MBE/ DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE/ DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE/ DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. Invitation to Bid and Instructions to Bidders 002113-6 La Volla Creek Drainage Channel Excavation—Phase 1, Project No. E10200 Rev 01-13-2016 ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 1$—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 14 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER's CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process,the City may, in its discretion, reject the Bid. Invitation to Bid and Instructions to Bidders 002113-7 La Volla Creek Drainage Channel Excavation—Phase 1, Project No. E10200 Rev 01-13-2016 ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security,with Power of Attorney, submitted as required by Article 7. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. Invitation to Bid and Instructions to Bidders 002113-8 La Volla Creek Drainage Channel Excavation—Phase 1, Project No. E10200 Rev 01-13-2016 F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate,through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources,workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113-9 La Volla Creek Drainage Channel Excavation—Phase 1, Project No. E10200 Rev 01-13-2016 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Contractor's Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price ❑ Required EX Not Required Installation Floater Equal to Contract Price ❑ Required EX Not Required Owner's Protective Liability Equal to Contractor's liability insurance ❑ 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. Insurance Requirements 00 72 01- 1 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev 01-13-2016 B. Provide endorsements to the policies as outlined in this Section. 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. Insurance Requirements 00 72 01-2 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev 01-13-2016 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason; and 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. 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 Insurance Requirements 00 72 01-3 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev 01-13-2016 h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's 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. Insurance Requirements 00 72 01-4 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev 01-13-2016 H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and 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 Insurance Requirements 00 72 01-5 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev 01-13-2016 caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional Insurance Requirements 00 72 01-6 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev 01-13-2016 insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains 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 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01-7 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev 01-13-2016 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. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi— Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. 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. Insurance Requirements 00 72 01-8 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev 01-13-2016 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 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. Insurance Requirements 00 72 01-9 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev 01-13-2016 I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project;and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil 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 the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 00 72 01- 10 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev 01-13-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance wi h the Dra in , Specificatio s, and Co tract Documents, this Bid Proposal is submitted by er ® UGTion t (type or print name of company) on: Wednesday, November 15, 2017, at 2:00 pm, or La Volla Creek Drainage Channel Excavation— Phase 1, Project No. E10200. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid - La Vola Creek Drainage Channel Excavation—Phase 1, Project No. E10200 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 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 SECTION 00 2113 INVITATION 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 Bid Acknowledgement Form 00 30 00-1 La Vola Creek Drainage Channel Excavation—Phase 1, Project No. E10200 Rev 01-13-2016 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. 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. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost,progress,and performance of the Work; B. The means, methods,techniques,sequences,and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and Bid Acknowledgement Form 003000-2 La Voila Creek Drainage Channel Excavation—Phase 1,Project No.E10200 Rev 01-13-2016 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. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner 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 or value,and whether the Bidder has met the minimum specific project experience requirements,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 45 16 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. Bid Acknowledgement Form 003000-3 La Volla Creek Drainage Channel Excavation—Phase 1,Project No.E10200 Rev01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 245 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 275 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. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. 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. Bid Acknowledgement Form 003000-4 La Volla Creek Drainage Channel Excavation—Phase 1,Project No.E10200 Rev 01-13-2016 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: �'i9 (typed or printed full legal none of Bidder) By: , )Jl //--) (individual's signature) Name: , V � �]� (typed or printed) Przs=dePt, Haas-Anderson Mar,acerq enc.,L C. Title: (typed or printed) Attest: (indiVd aVssignature) State of Residency: Federal Tax Id. No. p > Address for giving notices: T,Q y Phone: 310l 253 Email: Ct1 e' n L g,:u—q I-t e—rsoj,1. Go+M (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-5 La Voila Creek Drainage Channel Excavation—Phase 1, Project No. E10200 Rev 01-13-2016 00 30 01 BID FORM Project Name: La Volla Creek Drainage Channel Excavation - Phase 1 Project Number: E10200 Owner: I City of Corpus Christi Bidder: Haas-Anderson Construction, Ltd. OAR: Designer: Urban Engineering Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 $ 60,000.00 $ 60,000.00 A2 Bonds and Insurance LS 1 $ 17,000.00 $ 17,000.00 A3 SWPPP LS 1 $ 1,640.00 $ 1,640.00 A4 Silt Fence LF 7,290 $ 2.10 $ 15,309.00 A5 IStabilized Construction Entrance EA 3 $ 1,800.00 $ 5,400.00 SUBTOTAL PART A-GENERAL(items Al thru A5) $ 99,349.00 Part B-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 131 Clear Trees and Brush AC 20 $ 9,600,00 $ 192,000.00 B2 'Excavation CY 167000 $ 3,85 $ 642,950.00 B3 Farmer's Ravine Excavation CY 400 $ 5.00 $ 2,000.00 B4 Farmer's Ravine Fill CY 3000 $ 5.00 $ 15,000.00 B5 Farmer's Ravine outfall Structure SY 556 $ 185.00 $ 102,860.00 B6 Hydromulch, Seed, and Fertilize AC 20 $ 5,500.00 $ 110,000.00 B7 Fence Relocation LF 500 $ 23.00 $ 11,500.00 B8 Debris Removal LS 1 $ 18,000.00 $ 18,000.00 B9 Reconstruct Steps at Greenwood WWTP Discharge LS 1 $ 2,730.00 $ 2,730.00 B10 Allowance for Unanticipated Utility Improvements LS 1 $ 10,000.00 $ 10,000.00 LSUB'T10'T�AL Allowance for Unanticipated Drainage Improvements LS 1 $ 50,000.00 $ 50,000.00 PART B-DRAINAGE IMPROVEMENTS(Bl THRU B11) $ 1,157,040,00 BID SUMMARY F TOTAL PARTA-GENERAL(Items Al thru A5) $ 99,349.00 TOTAL PART B - DRAINAGE IMPROVEMENTS (Items 131 thru B11) $ 1,157,040.00 TOTAL PROJECT BASE BID (PARTS A, B) $ 1,256,389.00 Contract Times Bidder agrees to reach Substantial Completion in 245 Jdays Bidder agrees to reach Final Completion in 1 275 Jdays Bid Form Page 1 of 1 La Volla Creek Drainage Channel Excavation - Phase 1, Project No. E10200 REV01-1a-2016 00 30 02 COMPLIANCE TO STATE LAIN 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. O 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: h?-5 "14Je-r5c,, � L4d, �7 (typed or printed) By: (signature--attach evidence of outhority to sign) Name: 1-5 (typed or printed) Title: Haas-Anderson Nlanagement-,Q--C. Business address: f 4a) s rr Phone: Email: END OF SECTION Compliance to State Law on Nonresident Bidders 003002-1 La Voila Creek Drainage Channel Excavation—Project No. E10200 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BYC TY— PURCHASING DIVISION rw City of CITY OF CORPUS CHRISTI � us DISCLOSURE OF INTEREST 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: �Sael 6mdPue,4-1o4,; Lid, P.O.BOX: 101- STREET ADDRESS: '` A//y �l I, CITY: r ��i ZIP: !8 1 FIRM IS: 1. Corporation T 2. Partnership �= 3. Sole Owner ❑ 4. Association 5. Other U If additional space is necessarDISCLOSURE QUESTIONS ,please use the reverse side of this page or attach separate sheet. 1. State the names of each `yemployee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership 1n the above named"firm" Name �4- 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 ,I/4 Title 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 0 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 AV Consultant City of Corpus Christi 003005- 1 Disclosure of Interest Rev 01-13-2016 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: &l) i �"-5 TitleFre jidiipt, k3as-Anderson Management LC— Crype or Print) Cw,,I?ial Panner Signature of Certifying Date: Person: 1 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the 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. c. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 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: La Voila Creek Drainage Channel Excavation—Phase 1 Project Number: E10200 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: �e3 _� 4de_r_co�i �r-y_ila`1 l (+d, (typed or printed) By: (signature--attach evidence of authority to sign) Name: 0,C), ".s (typed or printed) Fr stutn& Haas-Anderson Management.,V_' Title: Pimner Business address: , 6ey A, Phone: jf JJp� Email: &041 — s[v a 60&' END OF SECTION Non-Collusion Certification 00 30 06-1 La Volla Creek Drainage Channel Excavation—Phase 1, Project No. E10200 11-25-2013 O In the FILED of the Secretary of State of Texas C RMICATE OV LIM. D?ARTINERsH7 4F DEC. 06 200 X4AS«ANDERSON CONSTRUCTION rt, LTD. Corporations Section t 'rho undersigned, desiring to roam.a Limited Parmorshlp pursuant to the Toxas ReAsel Limited.Partnership Act as set forth in Article 6132x.1 of the T=as Revised Civil Statute; ("Act"). does hereby certify: 1. The name of the fire:;mndcr which said isaited partnership is to be conduct.d h HAAS ANDMON CONSTRUCTION 11,LTD. 2. The address of the registered office and the name and address of the regirowl a0entfor service of process is: Registered Aaent Reektered t)fftcc DARRYL Q.MAS 1481 HOLLY ROAD CORPUS CMSTI,TWW" 7341; 3. The addrees of the principal office,in the United Smk,-s whore partnership rac:ordt are to be kept is 1401 HOLLY WAD, COMS CHFtX5A TEAS 18415, 4. The name, mailing address, and street address of the business of etch goserttt ,-- partner is, �'- ►`laiueAddress HAAS-A.ttDL-RS©i\I i�►�tAArAGEiYI ENI T,L.C. 1401 HOLLY ROAD CORPUS CEWJSTI,TEAS 78415 IN WLTNi SS WHEREOF, the, qudorsigned has executed this Ccrdficatte of Litni d Paxrrarsttln to be effective as at the C d day of ��� ,1 ✓ ,2001. GENERAL PARTNER: • )ffAA.8.AN7DBRSON. D"NAGh'MFi`QT, L.L', 13y: -�-. DARR .RA.S,Preside% s cftDATAW%*111ham 4ftrWt kwttrne Lwe.rewea FILED " In the Office of the : SecretaR,of State of Texas CERTIFIC&TE OF AivIENMIRNT DEC 19 2001 TO THE Corporations Section CERTLVICA.TE OF Y,DGTED PARTNERSE OF HAAS-ANDERSON CONSTRUCTION II,LTD. Pursuant to the provisions of Section 2,02 of the Texas Revised Limited Partnership Act, the undersigned limited partnership desires to amend its certificate of limited partnership and for that pun)ose submits the following certificate of amendment. 1. The name of the limited partnership is HAAS-ANIDMSON CONSTRUCTION 11,LTD. 2, The certificate of limited partnership is amended as follows: The new name of the limited partnership is HAAS-ANDFMON CONSTRUCTION,LTD. 3, This amendment to the certificate of limited partnership shall be effective on January X, 2002. Signed this /7t day of ��c t +' 1200" HAAS-ANDERSON MANAGEMENT,L.C., General Partner By: Dp,RR ,HAAS,President BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOWN ALL BY THESE PRESENTS, That we, Haas-Anderson Construction, Ltd. , as Principal, and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto City of Corpus Christi, as Obligee, in the sum of Five Percent (5%) of Amount Bid by Principal Dollars ($Five Percent (5%) of Amount Bid by Principal) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for Project #E10200 La Voila Creek Drainage Channel Excavation - Phase 1 ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this 15 day of November, 2017. Haas-Anderson Construction, Ltd. ' (Principal) By. J2 al PrJ Hex.% S Travelers Casualty and Surety Company of America By: L22:��. I Itr Ann Foley, Attorney-in-11-7 ct J WARNING',THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELEWFarmington 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. 230850 Certificate No.007006900 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine I StlranCC Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Sorely 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 Betty J.Baxter, Kevin G. Keetch,Lonna Pokrant,Annie Foley,and Vickie Trbula of the City of CO us Christ) .State of Texas 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 have caused this instrument to be signed and their corporate seals to be hereto affixed,this 6th day of October 2016 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 rFSu,�L `9L 6 `*M ks� @�IM$4gq, aF�SY.I.yQq y64Lg}}y 6E1ftY'�'C o y�q k r e�0 nQR�r f� P�% P9AAr t^ � SEJ ; r: wurrsa. �ttrmrca Lc 1 L o! 7`•.SEAL 3+ � CONK o 1"►rGPLcv. 8 0 896 State of Connecticut By: City of Hartford ss. Robcn L.Raney.Senior Vice President On this the 6th day of October 2016 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.al>uch,being authorized so to do.executed the foregoing instrument for the purposes therein contained by signing on behalf of(lie corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. \' \ �y/" `-'_• My Commission expires the 30th day of June,=021, * A���G 4 Maric C.Teircault,Notary Public C3'�'HEG`C'F'� 58440-5-16 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,recognizanecs,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 tier;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 1` day of T&)b Ve4t .-O,(' 20 t Kevin E.Hughes,Assistant Sec tary Or�GI�,SU�gt��` �yF1FE 6� 40:a'M"`�V9 Jp+•{N54ggy ',�,tY ANp s` �!'IaiKlfly �r� s`."'re"r/s 1951 SEAL on J iSSRo eqft ooMe Q m lt;% 3� Lir W �y� tiM JL�ANG�G y 5.�1.M�a'! o-i., �ai' Wit• yat � � •f1� To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at wwwAravcicrsbond.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 STPAUL TRAVELERS 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) 675-3057 (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.Q. 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. 00 52 23 AGREEMENT This Agreement, for the Project awarded on January 23,2018, is between the City of Corpus Christi (Owner) and Haas-Anderson Construction, Ltd. (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: La Volla Creek Drainage Channel Excavation Project No. E10200 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Urban Engineering 2725 Swantner Corpus Christi,TX 78404 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd, Bldg#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 245 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 275 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 005223- 1 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev O1-13-2016 Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$800.00 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$800.00 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 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 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 Price $ 1,256,389.00 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 005223-2 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev O1-13-2016 C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 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 005223-3 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev O1-13-2016 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 005223-4 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev O1-13-2016 financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 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 10.01 One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-5 La Volla Creek Drainage Channel Excavation—Project No. E10200 Rev O1-13-2016 ATTEST CITY OF CORPUS CHRISTI Digitally signetl by Rebecca Haetla Digitally signed by Jeff Edmonds DN_Rebecca Ha ta,o City d Corpus Cbristi, Rebecca H u e rta oe=City secmtary email=,be h@ctlexas cem c-Us Jeff Edmonds Date.2018.02.1515.5]:00-05'00, Date:2018.02.14 16:42:57-06'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services APPROVED AS TO LEGAL FORM: M2018-014 AUTHORIZED 2018.02.14 16:14:58 BY COUNCIL 1/23/18 RH/M L Dig altysignetlby City C,lyecreta L n=R DN'.cH/ML, Sry,ou=City Secretary, mail=moniquel@ctlexas.com,c=US Assistant City Attorney Date 2018.02.151545.34-05'00' ATTEST(IF CORPORATION) CONTRACTOR Haas-Anderson Construction, Ltd. Digitally signed by Darryl O.Haas (Seal Below) By: Darryl 0. HaaS Date:2018.01.2509:20:21-06'00' Note: Attach copy of authorization to sign if Title: President, Haas-Anderson Mgmt., L.C.General Partner person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 1402 Holly Rd. Financial Officer Address Corpus Christi, Texas 78417 City State Zip 361/853-2535 Phone Fax dcullen@haas-anderson.com EMail END OF SECTION Agreement 005223-6 La Volla Creek Drainage Channel Excavation—Project No. E10200 ReV01-13-2016 006113 PERFORMANCE BOND BOND NO. 106761411 Contractor as Principal Surety Name: Haas-Anderson Construction, Ltd. Name:Travelers Casualty and Surety Company of A erica Mailing address(principal place of business): Mailing address(principal place of business): 1402 Holly Rd. 9601 McAllister Freeway, Suite 700 Corpus Christi,TX 78417 San Antonio, TX 78216 Physical address(principal place of business): Owner 9601 McAllister Freeway, Suite 700 Name: City of Corpus Christi,Texas San Antonio, TX 78216 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: Connecticut Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): #E10200 La Voila Creek Drainage Channel 210-525-3963 Excavation—Phase 1 Telephone(far notice of claim): 210-525-3963 Local Agent for Surety Name: Keetch &Associates Award Date of the Contract: January 23,2018 Address: P.O. Box 3280 Contract Price: $1,256,389.00 Corpus Christi, TX 78463-3280 Bond Telephone: 361-883-3803 Email Address: afoley@keetchins.cam January 25, 2018 The address o the sure company to which an Date of Bond: f �' p y y 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 6113-1 E10200 La Volla Creek Drainage Channel Excavation Ph 1 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 T the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: � Signature: Name: �.,� / 6. //-,,x Name: Annie Foley Title: i{ Title: Attorney-in-Fact Email Address: d1�,Mo.s �gds—aw.f'�/sar. to Email Address: afoley@keetchins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113 -2 E10200 La Voila Creek Drainage Channel Excavation Ph 1 7-8-2014 STPAUL TRAVELERS 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) 675-3057 (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:TNI POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Aft q qPOWER OF ATTORNEY TRAVELERS.! 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. 230850 Certificate No,007006917 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 Suac of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute zinc]appoint Betty J.Baxter,Kevin G. Keetch,Lonna Pokrant.Annie Foley,and Vickie Trbula of the City of Corpus Christ] .State of Texas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute.send and acknowledge any and all bonds,recov"nizances,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 permuted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed.this 6th day of October 3016 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 GF$[l,\ yf1RF 4 *Y t.tf ay INSG ,�tY Ah,p t��"Yl �� tt" ° ✓� �95f ;.5�ltLio: y+SEAT:'i COkh o n� ? n tH96 py• Fp, �„{ '� LFA �\ yr.........rjL fi a.•.. .......... N 1gNAM.r 15PH State of Connecticut By: City of Hartford ss. Robert L.Raney.Senior Vice President On this the 6th day of October 2016,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,heing 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. �,•Tr>R In Witness Whereof,I hereunto set my hand and official seal. '\I�&AkA M}'Commission expires the 34th day of lune,202 1. tar Marie C.Tetreault,Notary Public 58440-5-16 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,SL 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,:my Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any pan 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 Secretarv;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(at)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.,Sl.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 scall of said Companies this oday of -1�4 20 Kevin E.Hughes,Assistant Sec Lary s3 ' �n o 7977 �LIf�RhiEU{ � af�'Onvnxslf�m W°�,pPO4gry�S ar �A � � RwNGt °'�15`�•�,+t ...'.. jrref br ' ?�y �ttt N,n To verify the authenticity of this Power of Attorney.call 1-800-421-3880 or contact us at www.tr.tvcler-,bottd.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 006116 PAYMENT BOND BOND NO. 106761411 Contractor as Principal Surety Name: Haas-Anderson Construction Ltd. Name:Travelers Casualty and Surety Company of A erica Mailing address(principal place of business): Mailing address(principal place of business): 1402 Holly Rd. 9601 McAllister Freeway, Suite 700 Corpus Christi,TX 78417 San Antonio, TX 78216 Physical address(principal place of business): Owner 9601 McAllister Freeway, Suite 700 Name: City of Corpus Christi,Texas San Antonio, TX 78216 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: Connecticut Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): #E10200 La Voila Creek Drainage Channel 210-525-3963 Excavation—Phase 1 Telephone(for notice of claim): 210-525-3963 Local Agent for Surety Name:Keetch&Associates Award Date of the Contract: January 23,2018 Address: P.O. Box 3280 Contract Price: S1.256.389.00 Corpus Christi,TX 78463-3280 Bond Telephone: 361-883-3803 Email Address: afoley@keetchins.com Date of Bond: January 25, 2018 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 fallowing toll-free number. 1-800-252-3439 Payment Bond Form 00 6116-1 E10200 La Volla Creek Drainage Channel Excavation Ph 1 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 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 1253 and Chapter2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Princi I Surety Signature: Signature: Name: pr,r �, t7a Name: Annie Foley Title: Title: Attorney-in-Fact Email Address: J CLc,r@ L1s.�cr��s.,,. mss,,, Email Address: afoley@keetchins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 E10200 La Volla Creek Drainage Channel Excavation Ph 1 7-8-2014 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Imo„ POWER OF ATTORNEY TrRAVELERS J 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. 230850 Certificate No.007006917 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 lacus of the State of Wisconsin(herein collectively called the"Comparties"),and that the Companies do hereby make,constitute and appoint Betty J.Baxter. Kevin G. Keetch,Lonna Pokrant,Annie Foley,and Vickie Trbula of the City of Corpus Ctttisti ,State of Texas 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 have caused this instrument to be signed and their corporate seals to be hereto affixed,this 6th day of October 2016 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 GPSUq � ,REy iK �k$ y:NSU� T4.1pd 549 rAS�r ry��;F �l �y�y�.�, ;y ♦o�......_�,y a4 .Aay: .'` d� �>� n}�$ �} AYp O Y �fl � ""w4L:trfl 2 jf-QR4Qp�R�.Cf V`GORP7A4Jf�-> p y �� �6, FCSF'ib 5i y a 9,;., l �•.SER.L�.t, ;� o O ,j] Fr� FH ! � `•['SANG\� �1$.l�f 'y ...............• +n y�6 st t + �'� ✓�' 1.' sf a �AhNc State of Connecticut By: City of Hartford ss. Robert L.Raney.Senior vice President On this the 6th day of October 2015 before me personally appeared Robert L.Rancy,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. p.7" In Witness Whereof,I hereunto set my hand and official seal. � � � • � �"- t My Commission expires the 34th day of June."_021. �OUBL�G t Marie C.Tetreault.Notary Public 58440-5-16 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:md 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 ndertakingshall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,tiny Senior Vice President or uny 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(lie 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. 1,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 frill 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 day of /1 20 ��! Kevin E.Hughes,Assistant Sec Lary GFSUq �_Ktt u, y fiR[6 A N IM 5N5 SY AN _t 9 B 2�'D '1�77 WCOfIPCRkTC➢ 1�'='�+11, T aj�a0. an��£,m Z rARVOk4lp n HMSWRU Q4Ii1�iFMR54 Ixcat „rto y.• }H �j 13+ U+:ANLfG °'jg...A� Yr._ ..,.r�i 61 FP a �i • '� f�i%/Ahy3' 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,file 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 STPAUL TRAVELERS 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) 675-3057 (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. DD/YYYY) E(MM/ ,a`oRo° CERTIFICATE OF LIABILITY INSURANCE DATE 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 NAME: Nancy Pruskl Catto&Catto LLP PHONE FAX One Alamo Center A/c No Ext: 210-222-2161 A/c No):210-222-1618 106 S. St. Mary's Street, Suite 800 E-MAIL DD SS: npruski@catto.com San Antonio TX 78205 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Charter Oak Fire Insurance Co. 25615 INSURED INSURER B:Travelers Prop Cas Co of Amer 25674 Haas-Anderson Construction Ltd PO Box 7692 INSURER C:Travelers Indemnity Co.of CT 25682 Corpus Christi TX 78467-7692 INSURERD:Travelers Indemnity Co.America 25666 INSURER E: Great American Insurance Co. 16691 INSURER F: COVERAGES CERTIFICATE NUMBER: 1392300997 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 INSD WVD POLICY NUMBER MM/DD MWDD A X COMMERCIAL GENERAL LIABILITY Y Y C07J905445 9/1/2017 9/1/2018 EACH OCCURRENCE $1,000,000 CLAIMS-MADE � OCCUR 'AMAGETORENTED PREMISES Ea occurrence $300,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY� JECT 1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y BA7J777824 9/1/2017 9/1/2018 COMBINED SINGLE LIMIT $1,000,000 Ea accident 1 000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOSX NOTOSWNED PRPerOa RTY DAMAGE $ C X UMBRELLA LAB X OCCUR Y Y CUP7J941561 9/1/2017 9/1/2018 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X RETENTION$10,000 $ D WORKERS COMPENSATION Y UB7J940299 9/1/2017 9/1/2018 )( PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTEI ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? F N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Excess Liability TUE139924101 9/1/2017 9/1/2018 Each Occurrence 19,000,000 Aggregate 19,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi-Engineering ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Construction Contract Admin. PO Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 �� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ,a`oRo ADDITIONAL REMARKS SCHEDULE Page 1 Of 2 AGENCY NAMED INSURED Catto&Catto LLP Haas-Anderson Construction Ltd PO Box 7692 POLICY NUMBER Corpus Christi TX 78467-7692 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE POLLUTION LIABILITY: (Claims-made Form) Insurer: Colony Insurance Company Policy Number:CPLUS307456 Eff Date/Exp Date: 9/1/2017 to 9/1/2018 Each Pollution Condition Limit:$5,000,000 Policy Aggregate Limit:$5,000,000 Commercial General Liability Policy includes a blanket automatic additional insured endorsement that provides additional insured status only when there is a written contract requiring such status. Form CGD6040813-Blanket Additional Insured(Contractors)/Form CGD6040813-Contractors Extend Endorsement (Blanket Additional Insured-Owners, Managers or Lessors of Premises; Blanket Additional Insured-Lessors of Leased Equipment; Blanket Additional Insured-State or Political Subdivisions-Permits Commercial General Liability Policy includes a primary and non-contributory provision only when there is a written contract that requires it. Form CGD6040813 -Blanket Additional Insured-Automatic Status if Required by Written Contract(Contractors) Commercial General Liability Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract that requires it. Form CGD31 611-Contractors Xtend Endorsement Commercial General Liability Policy includes an endorsement providing 30 days'notice of cancellation to be furnished to the certificate holder except for 10 day notice of nonpayment of premium. Form ILT400 1209. Commercial General Liability Policy includes Form CGD3161 111-Contractors Xtend Endorsement. Contractual Liability-With respect to operations performed within 50 feet of railroad property,the definition of insured contract in Section V Definitions 9."Insured Contract"Item C. is amended to read"Any easement of license agreement"and Item f.(1)is removed. Business Auto Policy includes a blanket automatic additional insured insurance that provides additional insured status when there is a written contract that requires such status. Form CAT3530215-Business Auto Extension Endorsement Business Auto Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract that requires it. Form CAT3530215-Business Auto Extension Endorsement Business Auto Policy includes an endorsement providing 30 days'notice of cancellation to be furnished to the certificate except 10 day notice of nonpayment of premium where required by written contact. Form ILT405-Blanket Notice of Cancellation(30 days) Business Auto Policy includes endorsement for Motor Carrier Policies of Insurance for Public Liability Under Sections 29&20 of the Motor Carrier Act of 1980- MCS-90 Business Auto Policy includes Endorsement CA20701013 Coverage for Certain Operations in Connection with Railroads where required by written contract. Workers Compensation Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract that requires it. Form WC420304(B)-Texas Waiver of Our Right to Recover from Others Endorsement. Workers Compensation Policy includes an endorsement providing 30 days'notice of cancellation to be furnished to the certificate holder except 10 day notice of nonpayment of premium where required by written contract. WC420601 (00)-Texas Notice of Material Change Endorsement-Blanket Notice of Cancellation(30 Days) Workers Compensation Policy includes Longshore and Harbor Workers'Compensation Act Coverage Endorsement Form WC000106A. Umbrella Liability: Form UM00011103 Except for the terms,definitions,conditions and exclusions of the policy,the coverage provided by this policy shall follow the terms,definitions,conditions and exclusions of the applicable underlying insurance. Underlying policies are General Liability,Auto Liability and Employers Liability. Umbrella Liability Policy provides Waiver of Transfer of Rights or Recovery when required by written contract-Form UM04880708. Umbrella Liability Policy provides 30 days'notice of cancellation to be furnished to the certificate holder except 10 day notice of nonpayment of premium where required by written contract-Form ILT405-Blanket Notice of Cancellation(30 days) Pollution Liability Policy includes a blanket automatic additional insured provision that provides additional insured status only when there is a written contract, written agreement or permit requiring such status. Form CPLUS001-1215. Pollution Liability Policy includes a primary and non-contributory provision only when there is a written contract that requires it. Form CPLUS001-1215. Pollution Liability Policy includes a provision providing waiver of subrogation when the insured has waived rights of recovery against the person,entity or organization prior to a claim or loss. Form CPLUS001-1215. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ,a`oRo ADDITIONAL REMARKS SCHEDULE Page 2 Of 2 AGENCY NAMED INSURED Catto&Catto LLP Haas-Anderson Construction Ltd PO Box 7692 POLICY NUMBER Corpus Christi TX 78467-7692 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Project: La Volla Creek Drainage Channel Excavation-Phase 1 Project No. E10200 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Haas-Anderson Construction, Ltd The Charter Oak Fire Insurance Company Policy#C07JO5445 09/01/2017-09/01/2018 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE-This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional Insured - Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments 1. Blanket Additional Insured - States Or Political Subdivisions-Permits D. Incidental Medical Malpractice J. Knowledge And Notice Of Occurrence Or Offense E. Who Is An Insured - Newly Acquired Or Formed Organizations K. Unintentional Omission F. Who Is An Insured - Broadened Named Insured L. Blanket Waiver Of Subrogation - Unnamed Subsidiaries M. Amended.Bodily Injury Definition G. Blanket Additional Insured - Owners, Managers N. Contractual Liability-Railroads Or Lessors Of Premises '— PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft Exclusions c. and g. through n. do not apply a' Auto Or Watercraft, in Paragraph 2. of SECTION to "premises damage". Exclusion f.(1)(a) - COVERAGES - COVERAGE A BODILY IN- does not apply to "premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion; (a) Chartered with a pilot to any insured; c. Lightning; 0 (b) Not owned by any insured; and d. Smoke resulting from such fire, explosion, (c) Not being used to carry any person or prop- or lightning; or erty for a charge. e. Water; B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f. of Section I- Coverage A 1. The first paragraph of the exceptions in Ex- - Bodily Injury And Property Damage Liability clusion j., Damage To Property, in Para- is replaced by another endorsement to this graph 2, of SECTION I - COVERAGES - Coverage Part that has Exclusion -All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted. clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to _— Paragraph 2., Exclusions, of SECTION I - "premises damage" as described in Para- COVERAGES - COVERAGE A. BODILY graph 6. of SECTION III - LIMITS OF IN- SURANCE. CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 008479 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS TION III—LIMITS OF INSURANCE: 1. The following replaces Paragraph 1.b. of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS — COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION I — COVER- pay under Coverage A for damages because AGE: of "premises damage" to any one premises. b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence", whether such damage results from: Coverage applies. We do not have to fur- fire; explosion; lightning; smoke resulting from nish these bonds. such fire, explosion, or lightning; or water; or 2. The following replaces Paragraph 1.d. of any combination of any of these causes. SUPPLEMENTARY PAYMENTS — COVER- The Damage To Premises Rented To You AGES A AND B of SECTION I — COVER- Limit will be: AGES: a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Part; or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit", including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following is added to the definition of"oc- definition of "insured contract" in the DEFINI- currence" in the DEFINITIONS Section: TIONS Section: "Occurrence" also means an act or omission a. A contract for a lease of premises. How- committed in providing or failing to provide ever, that portion of the contract for a "incidental medical services", first aid or lease of premises that indemnifies any "Good Samaritan services"to a person. person or organization for "premises damage" is not an "insured contract"; 2. The following is added to Paragraph 2.a.(1) of SECTION 11—WHO IS AN INSURED: 5. The following is added to the DEFINITIONS Paragraph (1)(d) above does not apply to Section: "bodily injury" arising out of providing or fail- "Premises damage" means "property dam- ing to provide: age"to: (i) Incidental medical services by any of a. Any premises while rented to you or tem- your "employees" who is a nurse practi- porarily occupied by you with permission tioner, registered nurse, licensed practical of the owner; or nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic; or premises is rented to you, if you rent such (ii) First aid or"Good Samaritan services" by premises for a period of seven or fewer any of your "employees" or "volunteer consecutive days. workers", other than an employed or vol- 6. The following replaces Paragraph 4.b.(1)(b) unteer doctor. Any such "employees" or of SECTION IV — COMMERCIAL GENERAL "volunteer workers" providing or failing to LIABILITY CONDITIONS: provide first aid or "Good Samaritan ser- (b) That is insurance for"premises damage'; vices" during their work hours for you will or be deemed to be acting within the scope 7. Paragraph 4.b.(1)(c) of SECTION IV — of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- DITIONS is deleted. ness. Page 2 of 6 ©2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of 4. Any organization you newly acquire or form, SECTION III–LIMITS OF INSURANCE: other than a partnership, joint venture or lim- For the purposes of determining the applica- ited liability company, of which you are the ble Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed in providing or failing to jority ownership interest, will qualify as a provide "incidental medical services", first aid Named Insured if there is no other insurance or"Good Samaritan services"to any one per- which provides similar coverage to that Or- son will be deemed to be one 'occurrence". ganization. However: 4. The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION I – COV- only: ERAGES – COVERAGE A BODILY INJURY (1) Until the 180th day after you acquire or AND PROPERTY DAMAGE LIABILITY: form the organization or the end of the Sale Of Pharmaceuticals policy period, whichever is earlier, if you "Bodily injury" or "property damage" arising do not report such organization in writing out of the willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form it; or cals committed by, or with the knowledge or (2) Until the end of the policy period, when consent of,the insured. that date is later than 180 days after you 5. The following is added to the DEFINITIONS acquire or form such organization, if you Section: report such organization in writing to us "Incidental medical services" means: within 180 days after you acquire or form a. Medical, surgical, dental, laboratory, x-ray it, and we agree in writing that it will Con- or nursing service or treatment, advice or tinue to be a Named Insured until the end instruction, or the related furnishing of of the policy period; food or beverages; or b. Coverage A does not apply to "bodily injury" b. The furnishing or dispensing of drugs or or property damage that occurred before medical, dental, or surgical supplies or you acquired or formed the organization; and — appliances. c. Coverage B does not apply to "personal in- "Good Samaritan services" means any emer- jury" or "advertising injury" arising out of an gency medical services for which no compen- offense committed before you acquired or sation is demanded or received. formed the organization. , 6. The following is added to Paragraph 4.b., Ex- F. WHO IS AN INSURED – BROADENED NAMED cess Insurance, of SECTION IV – COM- INSURED–UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDI- TIONS: The following is added to SECTION II – WHO IS AN INSURED: The insurance is excess over any valid and collectible other insurance available to the in- Any of your subsidiaries, other than a partnership, sured, whether primary, excess, contingent or joint venture or limited liability company, that is on any other basis, that is available to any of not shown as a Named Insured in the Declara- your "employees" or "volunteer workers" for tions is a Named Insured if you maintain an own- "bodily injury" that arises out of providing or ership interest of more than 50% in such subsidi- failing to provide "incidental medical ser- ary on the first day of the policy period. vices", first aid or "Good Samaritan services" No such subsidiary is an insured for"bodily injury" to any person to the extent not subject to or "property damage" that occurred, or "personal Paragraph 2.a.(1) of Section II – Who Is An injury" or "advertising injury" caused by an of- Insured. fense committed after the date, if any, during the c— E. WHO IS AN INSURED – NEWLY ACQUIRED policy period, that you no longer maintain an °° OR FORMED ORGANIZATIONS ownership interest of more than 50% in such sub- The following replaces Paragraph 4. of SECTION sidiary. 11–WHO IS AN INSURED: CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 008480 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED — OWNERS, H. BLANKET ADDITIONAL INSURED — LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II —WHO IS The following is added to SECTION II —WHO IS AN INSURED: AN INSURED: Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con- agreed in a written contract or agreement to in- tract or agreement to include as an insured on clude as an additional insured on this Coverage this Coverage Part is an insured, but only with re- Part is an insured, but only with respect to liability spect to liability for "bodily injury", "property dam- for "bodily injury", "property damage", "personal age", "personal injury" or"advertising injury"that: injury" or"advertising injury"that: a. Is "bodily injury" or "property damage" that a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- injury" caused by an offense that is commit- ted, subsequent to the execution of that con- ted, subsequent to the execution of that con- tract or agreement; and tract or agreement; and b. Is caused, in whole or in part, by your acts or b. Arises out of the ownership, maintenance or omissions in the maintenance, operation or use of that part of any premises leased to use of equipment leased to you by such you. equipment lessor. The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following provisions: visions: a. The limits of insurance provided to such a. The limits of insurance provided to such equipment lessor will be the minimum limits premises owner, manager or lessor will be which you agreed to provide in the written the minimum limits which you agreed to pro- contract or agreement, or the limits shown on vide in the written contract or agreement, or the Declarations, whichever are less. the limits shown on the Declarations, which- ever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or b. The insurance provided to such premises "property damage" that occurs, or "personal owner, manager or lessor does not apply to: injury" or"advertising injury" caused by an of- (1) Any "bodily injury" or "property damage" fense that is committed, after the equipment that occurs, or"personal injury"or"adver- lease expires. tising injury" caused by an offense that is c. The insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible in that premises; or other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or c. The insurance provided to such premises non-contributory with, such other insurance, owner, manager or lessor is excess over any in which case this insurance will be primary valid and collectible other insurance available to, and non-contributory with, such other in- to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS—PERMITS the written contract or agreement that this in- The following is added to SECTION II —WHO IS surance must be primary to, or non- AN INSURED: contributory with, such other insurance, in which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ance. you or on your behalf and that you are required Page 4 of 6 0 2011 The Travelers Indemnity company.All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include (ii) A manager of any limited liability as an additional insured on this Coverage Part is company; or an insured, but only with respect to liability for (iii)An executive officer or director of "bodily injury", "property damage", "personal in- any other organization; jury" or"advertising injury" arising out of such op- erations. that is your partner, joint venture member or manager; or The insurance provided to such state or political (b) Any "employee" authorized by such subdivision does not apply to: partnership, joint venture, limited li- a. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury" or "advertising injury" arising out to give notice of an "occurrence" or of operations performed for that state or po- offense. litical subdivision; or (3) Notice to us of such "occurrence" or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as cluded in the "products-completed operations soon as practicable if it is given in good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following is added to Paragraph 2., Duties In of the "occurrence" or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de- Suit, of SECTION IV — COMMERCIAL GEN- scribed in Paragraphs e. (1) or (2) above ERAL LIABILITY CONDITIONS: discovers that the "occurrence" or offense may result in sums to which the insurance e. The following provisions apply to Paragraph provided under this Coverage Part may a. above, but only for the purposes of the in- apply. surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. However, if this Coverage Part includes an en- of Section II —Who Is An Insured: dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement ble only after the "occurrence" or offense that the discharge, release or escape of "pollut- is known by you (if you are an individual), ants" must be reported to us within a specific a� any of your partners or members who is number of days after its abrupt commencement, an individual (if you are a partnership or this Paragraph e. does not affect that require- joint venture), any of your managers who ment. is an individual (if you are a limited liability K UNINTENTIONAL OMISSION company), any of your "executive offi-cers" or directors (if you are an organiza- The following is added to Paragraph 6., Repre- tion other than a partnership,joint venture sentations, of SECTION IV — COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an "occurrence" or offense. error in, any information provided by you which (2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju- limited liability company, and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur- applicable insurance laws or regulations. rence"or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (i) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 ©2011 The Travelers Indemnity company.All rights reserved. Page 5 of 6 008481 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish, mental injury, shock, fright, disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, including death resulting from any tion, but only for payments we make because of: of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY— RAILROADS curs; or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of "insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of "insured M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de- leted. The following replaces the definition of bodily injury" in the DEFINITIONS Section: Page 6 of 6 ©2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 Haas-Anderson Construction, Ltd The Charter Oak Fire Insurance Company Policy#C07J905445 09/01/2017-09/01/2018 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS (a) The Additional Insured — Owners, AN INSURED: Lessees or Contractors — Scheduled Any person or organization that: Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, a. You agree in a "written contract requiring in- the Additional Insured — Owners, surance" to include as an additional insured Lessees or Contractors — Completed on this Coverage Part; and Operations endorsement CG 20 37 b. Has not been added as an additional insured 07 04 or CG 20 37 04 13, or both of for the same project by attachment of an en- such endorsements with either of dorsement under this Coverage Part which those edition dates; or includes such person or organization in the (b) Either or both of the following: the endorsement's schedule; Additional Insured — Owners, Les- is an insured, but: sees or Contractors — Scheduled a. Only with respect to liability for"bodily injury", Person Or Organization endorsement "property damage" or"personal injury"; and CG 20 10, or the Additional Insured — Owners, Lessees or Contractors — b. Only as described in Paragraph (1), (2) or(3) Completed Operations endorsement below, whichever applies: CG 20 37, without an edition date of (1) If the "written contract requiring insur- such endorsement specified; ance" specifically requires you to provide the person or organization is an additional additional insured coverage to that per- insured only if the injury or damage is son or organization by the use of: caused, in whole or in part, by acts or (a) The Additional Insured — Owners, omissions of you or your subcontractor in Lessees or Contractors — (Form B) the performance of "your work" to which endorsement CG 20 10 11 85; or the "written contract requiring insurance" (b) Either or both of the following: the applies; or Additional Insured — Owners, Les- (3) If neither Paragraph (1) nor(2) above ap- sees or Contractors — Scheduled plies: Person Or Organization endorsement (a) The person or organization is an ad- CG 20 10 10 01, or the Additional In- ditional insured only if, and to the ex- sured —Owners, Lessees or Contrac- tent that, the injury or damage is tors — Completed Operations en- caused by acts or omissions of you or dorsement CG 20 37 10 01; your subcontractor in the perform- the person or organization is an additional ance of"your work"to which the "writ- insured only if the injury or damage arises ten contract requiring insurance" sp- out of "your work" to which the "written plies; and contract requiring insurance" applies; (b) The person or organization does not (2) If the "written contract requiring insur- qualify as an additional insured with ance" specifically requires you to provide respect to the independent acts or additional insured coverage to that per- omissions of such person or organi- son or organization by the use of: zation. CG D6 04 08 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 COMMERCIAL GENERAL LIABILITY 2. The insurance provided to the additional insured and collectible other insurance, whether primary, by this endorsement is limited as follows: excess, contingent or on any other basis, that is a. If the Limits of Insurance of this Coverage available to the additional insured when that per- Part shown in the Declarations exceed the son or organization is an additional insured, or is minimum limits of liability required by the any other insured that does not qualify as a "written contract requiring insurance", the in- named insured, under such other insurance. surance provided to the additional insured will 4. As a condition of coverage provided to the addi- be limited to such minimum required limits of tional insured by this endorsement: liability. For the purposes of determining a. The additional insured must give us written whether this limitation applies, the minimum notice as soon as practicable of an "occur- limits of liability required by the "written con- rence" or an offense which may result in a tract requiring insurance„ will be considered claim. To the extent possible, such notice to include the minimum limits of liability of any should include: Umbrella or Excess liability coverage required for the additional insured by that "written con- (1) How, when and where the "occurrence” tract requiring insurance". This endorsement or offense took place; will not increase the limits of insurance de- (2) The names and addresses of any injured scribed in Section III—Limits Of Insurance. persons and witnesses; and b. The insurance provided to the additional in- (3) The nature and location of any injury or sured does not apply to "bodily injury", "prop- damage arising out of the "occurrence" or erty damage" or "personal injury" arising out offense. of the rendering of, or failure to render, any b. If a claim is made or "suit" is brought against professional architectural, engineering or sur- the additional insured, the additional insured veying services, including: must: (1) The preparing, approving, or failing to (1) Immediately record the specifics of the prepare or approve, maps, shop draw- claim or"suit" and the date received; and Ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, (2) Notify us as soon as practicable. approving, or failing to prepare or ap- The additional insured must see to it that we prove, drawings and specifications; and receive written notice of the claim or"suit" as (2) Supervisory, inspection, architectural or soon as practicable. engineering activities. c. The additional insured must immediately send �® c. The insurance provided to the additional in= us copies of all legal papers received in con- al sured does not apply to "bodily injury" or nection with the claim or"suit", cooperate with o "property damage" caused by"your work" and us in the investigation or settlement of the included in the "products-completed opera- claim or defense against the "suit", and oth- 0 tions hazard" unless the "written contract re- erwise comply with all policy conditions. quiring insurance" specifically requires you to d. The additional insured must tender the de- provide such coverage for that additional in- fense. and indemnity of any claim or "suit" to sured during the policy period. any provider of other insurance which would 3. The insurance provided to the additional insured cover the additional insured for a loss we by this endorsement is excess over any valid and cover under this endorsement. However, this collectible other insurance, whether primary, ex- condition does not affect whether the insur- cess, contingent or on any other basis, that is ance provided to the additional insured by this available to the additional insured. However, if the endorsement is primary to other insurance "written contract requiring insurance" specifically available to the additional insured which cov- requires that this insurance apply on a primary ers that person or organization as a named basis or a primary and non-contributory basis, this insured as described in Paragraph 3. above. insurance is primary to other insurance available 6. The following is added to the DEFINITIONS Sec- to the additional insured under which that person or organization qualifies as a named insured, and tion: we will not share with that other insurance. But "Written contract requiring insurance" means that the insurance provided to the additional insured part of any written contract or agreement under by this endorsement still is excess over any valid which you are required to include a person or or- Page 2 of 3 ©2013 The Travelers Indemnity Company.All rights reserved. CG D6 04 08 13 g Y 008475 COMMERCIAL GENERAL LIABILITY ganization as an additional insured on this Cover- a. After the signing and execution of the contract age Part, provided that the "bodily injury" and or agreement by you; and "property damage" occurs, and the "personal in- b. While that part of the contract or agreement is jury" is caused by an offense committed, during in effect. the policy period and: l CG D6 04 08 13 0 2013 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 POLICY NUMBER: C07J905445 ISSUE DATE: 08/30/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT ADDRESS: PROVISIONS: A. If we cancel this policy for any statutorily permit- B. If we decide to not renew this policy for any statu- ted reason other than nonpayment of premium, torily permitted reason, and a number of days is and a number of days is shown for cancellation in shown for nonrenewal in the schedule above, we the schedule above, we will mail notice of cancel- will mail notice of the nonrenewal to the person or lation to the person or organization shown in the organization shown in the schedule above. We schedule above. We will mail such notice to the will mail such notice to the address shown in the address shown in the schedule above at least the schedule above at least the number of days number of days shown for cancellation in the shown for nonrenewal in the schedule above be- schedule above before the effective date of can- fore the expiration date. cellation. IL T4 00 12 09 ©2009 The Travelers Indemnity Company Page 1 of 1 POLICY NUMBER: 007,1905445 ISSUE DATE: 8/30/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION (CONTINUED ON IL T8 03) ADDRESS: CONTINUED ON IL T8 03 CORPUS CHRISTI TX 78467-7692 PROVISIONS: If we cancel this policy for any statutorily permitted above. We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the effective date of cancellation. the person or organization shown in the schedule IL T4 05 03 11 ©2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Haas-Anderson Construction, Ltd Travelers Indemnity Company Policy#BA7J777824 09/01/2017-09/01/2018 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE— INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS . A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II —COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section 11. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under- a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing B. BLANKET ADDITIONAL INSURED duties related to the conduct of your busi- ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION 1V — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION If—COVERED AUTOS tions. LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- (ii) Neither you nor any other involved "insured" will make any settlement ing a covered "auto" you don't own, hire or borrow without our consent. in your business or your personal affairs. (iii)We may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION If— COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or"property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION If — COVERED AUTOS LIABIL- SECTION 11 — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. = without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 002343 COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due.to a cause other than a cause of 'loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one 'loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph AA.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or 'loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one "accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the "accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for 'loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the "accident" or"loss" I (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO - such contract. The waiver applies only to the The unintentional omission of, or unintentional \ person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV–BUSINESS AUTO CONDITIONS: d� a® . �r— J O 7 J Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 00234.4 POLICY NUMBER:, BA7J777824 ISSUE DATE: 08/30/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: SEE CA T8 04 W a� m ADDRESS: 0 0 m m 0 m cv- r 0 0 a PROVISIONS: If we cancel this policy for any statutorily permitted above. We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the.number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the effective date of cancellation. the person or organization shown in the schedule IL T4 05 03 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 oroaea COMMERCIAL AUTO POLICY 1 ENDORSEMENT - CA T8 04 09 16 POLICY NUMBER ** THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ** IL T4 05 03 11 - DESIGNATED ENTITY IT IS AGREED THAT: PERSON OR ORGANIZTION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF : 1 . YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE , INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATIO AFTER THE FIRST NAMED INSURED RECEIVED NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2 . WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN SHOWN IN THIS SCHEDULE . ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US . a� m nf- 0 0 0 m m 0 N N-- n O O Q I EFFECTIVE DATE 09/01/2017 EXPIRATION DATE 09/01/2018 PAGE 0001 DATE OF ISSUE 08/30/2017 002346 TiR A VELE�S®�s WORKERS COMPENSATION f� AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 42 03 04 ( B)— 001 POLICY NUMBER: U137J940299 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ❑ Specific Waiver Name of person or organization rXI Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. a. 2. Operations: 0 ALL TEXAS OPERATIONS. a m 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. Advance Premium: SEE SCHEDULE This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 09/01/2017 Policy No. U137J940299 Endorsement No. Insured Haas-Anderson Construction, Ltd. Premium Insurance Company Countersigned by Travelers Indemnity Company of America DATE OF ISSUE: 08/30/2017 ST ASSIGN: Page 1 of 1 ©Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. 014762 TRAI/ELERSWORKERS COMPENSATION AND t ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 42 06 01 (00) — 001 POLICY NUMBER: UB7J940299 TEXAS (NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. NUMBER OF DAYS ADVANCE NOTICE: 30 (or**) 2. NOTICE WILL BE MAILED TO: ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL REDUCTION IN COVERAGE OF THIS POLICY WILL BE GIVEN, BUT ONLY IF : 1 . YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE ate— FROM US OF THE CANCELLATION OR MATERIAL LIMITATION OF THIS POLICY; AND r 0 m ** Number of days Notice specified in the Certificate of Insurance to all holders of such certificates. o I o U I I�h k G t DATE OF ISSUE: 08/30/2017 ST ASSIGN: TRAVELERS J� WORKERS COMPENSATION ONE TOWER SQUARE AND HARTFORD] CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 06 01 (00) — 002 POLICY NUMBER: UB7J940299 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A, of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. NUMBER OF DAYS ADVANCE NOTICE: 30 (or**) 2. NOTICE WILL BE MAILED TO: 2 . WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. ** Number of days Notice specified in the Certificate of Insurance to all holders of such certificates. DATE OF ISSUE: 08/30/2017 ST ASSIGN: Haas-Anderson Construction, Ltd Travelers Indemnity Company of Conneticut Policy#CUP7J941561 09/01/2017-09/01/2018 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY(UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT a. "Bodily injury"or"property damage"caused by an TO RECOVER FROM OTHERS., of SECTION IV — "occurrence"that takes place; or CONDITIONS.: b. "Personal injury" or "advertising injury" caused by If the insured has agreed in a contract or agreement an "offense"that is committed; to waive that insured's right of recovery against any subsequent to the execution of the contract or agree- person or organization, we waive our right of recovery ment. against such person or organization, but only for payments we make because of: a� a� N- 0 0 d� 0 0 a m UM 04 88 07 08 ©2008 The Travelers Companies,Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. 002494 POLICY NUMBER: CUP7,1905445 ISSUE DATE: 08-30-2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF : 1 . YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE , INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT a� LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE . N- ADDRESS: 0 THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. a� 0 r 0 0 PROVISIONS: If we cancel this policy for any statutorily permitted above. We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the effective date of cancellation. the person or organization shown in the schedule IL T4 05 03 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 002514 Haas-Anderson Construction, Ltd. Policy#CPLUS307456 9/1/2017 to 9/1/2018 COLONY SPECIALTY Contractors Polluti* on LI* abl* ll* ty P Table of Contents I. COVERAGES 6 II. COVERAGE 1A - CONTRACTING SERVICES POLLUTION LIABILITY 6 1. Insuring Agreements a. Third-Party Claims b. Emergency Expenses 2. Specific Exclusions a. Claims Brought by Waste Disposal Facility Owner or Operator b. Damage to Your Work C. Property Damage to a Conveyance III. COVERAGE 1B - PRODUCTS POLLUTION LIABILITY 6 1. Insuring Agreement 2 Specific Exclusions a. Asbestos and Lead b. Damage to Impaired Property or Property not Physically Injured C. Damage to Property d. Damage to Your Work e. Recall of Products or Impaired Property IV. COVERAGE 1C - TIME-ELEMENT POLLUTION - BODILY INJURY, PROPERTY DAMAGE AND CLEANUP COSTS - SCHEDULED SITES 7 V. COVERAGE 1 D - POLLUTION LIABILITY FOR YOUR SITES - CLAIMS MADE AND REPORTED 8 1. Insuring Agreements a. Bodily Injury and Property Damage - Scheduled Sites b. On-Site Cleanup Costs - Scheduled Sites C. Off-Site Cleanup Costs - Scheduled Sites d. Emergency Expenses - Scheduled Sites e. Time-Element Pollution Bodily Injury and Property Damage-Unscheduled Sites f. Related Claims 2 Specific Exclusion a. Previously Reported Claims VI. SPECIFIC EXCLUSIONS APPLICABLE TO COVERAGES 1C AND 1D 9 a. Asbestos and Lead-Based Paint b. Facility Inspections or Maintenance; Facility Upgrades and Improvements C. Insured Versus Insured d. Material Change in Use e. Pollution Conditions After a Site is Divested f. Underground Storage Tanks VII. COVERAGE 1 E - ENVIRONMENTAL CRISIS MANAGEMENT COSTS 10 VIII. COMMON EXCLUSIONS - COVERAGES 1A - 1E 11 a. Contractual Liability b. Covered by Project-Specific Insurance C. Criminal Fines, Penalties or Assessments d. Employer's Liability e. Expected or Intended Injury or Damage f. Failure to Comply g. Intentional Acts CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 11 with its permission. h. Internal Expenses i. Known Pollution Condition, Injury or Damage j. Nuclear Material k. Professional Liability I. Related Entities and/or Individuals M. Transportation Activities n. War o. Waste Disposal Facilities P. Workers' Compensation and Similar Laws q. Your Product IX. DEFENSE - COVERAGES 1A - 1E 14 X. COVERAGE 2 - PROFESSIONAL LIABILITY- CLAIMS MADE AND REPORTED 14 1. Insuring Agreement 2. Specific Exclusions a. Aircraft, Auto or Watercraft b. Bankruptcy C. Contractual Liability d. Covered by Project-Specific Insurance e. Discrimination f. Dishonest or Fraudulent Act g. Disputed Fees h. Employer's Liability i. Failure to Comply j. Failure to Maintain k. Faulty Workmanship I. Fiduciary Liability of Non-Named Insured M. Fines, Penalties and Assessments n. Insured Versus Insured o. Intellectual Property P. Internal Expenses q. Known Wrongful Act r. Nuclear Material S. Owned Facilities t. Personal and Advertising Injury U. Previously Reported Claims V. Project Delays or Cost Overruns W. War X. Workers' Compensation and Similar Laws Y. Warranties Z. Your Product 3. Defense - Coverage 2 -- Professional Liability XI. WHO IS AN INSURED 18 XII. LIMITS OF LIABILITY AND DEDUCTIBLE 21 1. a. Policy Liability Aggregate Limit b. Individual Coverage Limits C. Each Pollution Condition Limit d. Each Wrongful Act Limit 2. Multiple Coverage Sections 3. Multiple Policies or Policy Periods 4. Extension of Policy Period 5. Deductible CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 12 with its permission. XIII. NOTICE, RIGHTS AND DUTIES 23 1 Your Duties in the Event of a Pollution Condition 2. Our Rights in the Event of a Pollution Condition 3. Your Duties with Respect to Emergency Expenses 4. Your Duties in the Event of a Wrongful Act 5. Your Duties in the Event of a Claim or Suit 6. Knowledge of a Pollution Condition 7. Mistaken Notice XIV. CONDITIONS 25 1. Action Against Company 2. Appeals 3. Bankruptcy 4. Cancellation 5. Changes and Assignment 6. Consent 7. Cooperation 8. Currency 9. Declarations and Representations 10. Economic and Trade Sanctions 11. Headings 12. Independent Counsel 13. Inspection and Audit 14. Other Insurance a. Primary Insurance b. Excess Insurance C. Method of Sharing 15. Separation of Insureds 16. Sole Agent 17. Subrogation 18. Voluntary Payments XV. EXTENDED REPORTING PERIODS 29 XVI. DEFINITIONS 30 1. Auto 2. Bodily Injury 3. Cargo 4. Claim 5. Cleanup Costs 6. Completed Operations 7. Conveyance 8. Coverage Territory 9. Crisis Management Consultant 10. Crisis Management Costs 11. Crisis Management Event 12. Emergency Expenses 13. Employee 14. Environmental Damage 15. Environmental Laws 16. Environmental Professional 17. Executive Officer 18. First Named Insured 19. Illicit Abandonment 20 Impaired Property 21. Inception Date 22. Insured Contract 23. Job Site CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 3 with its permission. 24. Leased Worker 25. Legal Defense Costs 26. Loading or Unloading 27. Location 28 . Loss 29. Low-Level Radioactive Waste 30. Microbial Matter 31. Mixed Waste 32. Natural Resource Damage 33. Our Affiliate 34 Personal and Advertising Injury 35. Policy Period 36. Pollutant 37. Pollution Condition 38. Products - Completed Operations Hazard 39 Professional Services 40. Property Damage 41. Responsible Insured 42. Restoration Costs 43. Retroactive Date 44. Scheduled Site 45. Suit 46. Temporary Worker 47. Transportation 48. Underground Storage Tank 49. Unscheduled Site 50. Volunteer Worker 51. Waste 52. Waste Disposal Facility 53. Wrongful Act 54. Your Product 55. Your Work CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 4 with its permission. Colony Specialty CPL Plus Insurance Policy This Policy provides certain insurance coverages on a claims-made and reported, or discovery basis. Various provisions in this Policy restrict coverage. Please read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this Policy the words and phrases that appear in bold have special meaning and are defined in Section XVI. DEFINITIONS. The terms "we", "us", "our" and "insurer" refer to the Company providing this insurance. The terms "you" and "your' refer to the Named Insured shown in the Declarations and any other person or entity that qualifies as a Named Insured under this Policy. In consideration of the payment of the premium and any deductible, when due, and in reliance upon all the statements made in the Application, made part of this Policy, including any other supplemental materials and information submitted in connection with the Application, and subject to all the terms of this Policy, the Company agrees to provide insurance coverage as described herein: I. COVERAGES Each of the following coverages applies only if shown as purchased in the Declarations. II. COVERAGE 1A — CONTRACTING SERVICES POLLUTION LIABILITY 1. Insuring Agreements a. Third-Party Claims We will pay on behalf of the insured loss that the insured becomes legally obligated to pay because of bodily injury, property damage or environmental damage that: (i) takes place during the policy period, (ii) is caused by a pollution condition in the coverage territory, (iii) results from your work, and (iv) results in a claim for such bodily injury, property damage or environmental damage. b. Emergency Expenses We will pay the emergency expenses you first incur during the policy period arising from a pollution condition in the coverage territory resulting from your work. 2. Specific Exclusions In addition to the common exclusions in Section VIII. COMMON EXCLUSIONS — COVERAGES 1A— 1 E, Coverage 1A does not apply to any claim or loss arising out of: a. Claims Brought by Waste Disposal Facility Owner or Operator Bodily injury, property damage or environmental damage sustained by an owner or operator of a waste disposal facility, including any parent, subsidiaries, affiliates, related companies, predecessors-in-interest or successors-in-interest or assignees of the owner or operator, arising out of a pollution condition that commenced after your waste was delivered to the waste disposal facility. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 15 with its permission. b. Damage To Your Work Property damage or environmental damage to your work arising out of it or any part of it. However, this Exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. c. Property Damage to a Conveyance Property damage to a conveyance utilized by you or on your behalf during transportation. However, this Exclusion does not apply to a claim brought by a third-party carrier alleging negligence on your part. III. COVERAGE 1B — PRODUCTS POLLUTION LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury, property damage or environmental damage that takes place during the policy period and results from a pollution condition in the coverage territory, provided the pollution condition is caused by your product, and the bodily injury, property damage or environmental damage is included in the products- completed operations hazard. 2. Specific Exclusions In addition to the common exclusions in Section VIII. COMMON EXCLUSIONS — COVERAGES 1A— 1 E, Coverage 1 B does not apply to any claim or loss arising out of: a. Asbestos or Lead Bodily injury, property damage or environmental damage arising out of the presence, ingestion or inhalation of, or exposure to, asbestos or lead in any form. b. Damage to Impaired Property or Property Not Physically Injured Property damage or environmental damage to impaired property or property that is not physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in your product; or (2) A delay or failure by anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This Exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product after it has been put to its intended use. c. Damage to Property Property damage or environmental damage to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the property damage or environmental damage arises out of any part of those premises; CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 16 with its permission. (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of any real property on which you or any contractors or subcontractors, whether working directly or indirectly on your behalf, are performing operations, if the property damage or environmental damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraph (2) of this Exclusion does not apply if the premises are your work and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this Exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this Exclusion does not apply to property damage or environmental damage included in the products-completed operations hazard. d. Damage to Your Work Property damage or environmental damage to your work arising out of it or any part of it and included in the products-completed operations hazard. This Exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. e. Recall of Products or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of your product or impaired property, if such product or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. IV. COVERAGE 1C — TIME-ELEMENT POLLUTION — BODILY INJURY, PROPERTY DAMAGE AND CLEANUP COSTS — SCHEDULED SITES We will pay on behalf of the insured loss the insured becomes legally obligated to pay because of bodily injury, property damage or cleanup costs caused by a pollution condition on, under or migrating from a scheduled site, provided the pollution condition: (1) first commences at an identifiable time and place during the policy period; (2) first becomes known to a responsible insured within fifteen (15) days after it first commenced; and (3) is reported to us, in writing, within thirty (30) days after it first becomes known to a responsible insured. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 17 with its permission. V. COVERAGE 1D — POLLUTION LIABILITY FOR YOUR SITES — CLAIMS MADE AND REPORTED 1. Insuring Agreements a. Bodily Injury and Property Damage — Scheduled Sites We will pay on behalf of the insured loss the insured becomes legally obligated to pay because of bodily injury or property damage caused by a pollution condition on, under or migrating from a scheduled site, provided: (1) the pollution condition commenced on or after the retroactive date, if applicable, and before the end of the policy period; (2) a claim for damages is first made against an insured during the policy period; and (3) the claim is first reported to us, in writing, during the policy period or any applicable Extended Reporting Period. b. On-Site Cleanup Costs —Scheduled Sites We will pay on behalf of the insured those sums that the insured becomes legally obligated to pay for cleanup costs on or under a scheduled site resulting from a pollution condition, provided: (1) the pollution condition commenced on or after the retroactive date, if applicable, and before the end of the policy period; and (2) (a) a claim for cleanup costs is first made against an insured during the policy period; and (b) the claim is first reported to us, in writing, during the policy period or any applicable Extended Reporting Period; or (3) the pollution condition first becomes known to a responsible insured during the policy period and you report the pollution condition to us in writing as soon as practicable following discovery, and in any event during the policy period. c. Off-Site Cleanup Costs — Scheduled Sites We will pay on behalf of the insured those sums that the insured becomes legally obligated to pay for cleanup costs beyond the boundaries of a scheduled site caused by a pollution condition migrating from a scheduled site, provided: (1) the pollution condition commenced on or after the retroactive date, if applicable, and before the end of the policy period; and (2) (a) a claim for cleanup costs is first made against an insured during the policy period; and (b) the claim is first reported to us, in writing, during the policy period or any applicable Extended Reporting Period. d. Emergency Expenses — Scheduled Sites We will pay the emergency expenses you first incur during the policy period resulting from a pollution condition on, under or migrating from a scheduled site. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 18 with its permission. e. Time-Element Pollution Bodily Injury and Property Damage — Unscheduled Sites We will pay on behalf of the insured loss the insured becomes legally obligated to pay because of bodily injury or property damage caused by a pollution condition on, under or migrating from an unscheduled site in the coverage territory, provided the pollution condition: (1) first commenced at an identifiable time and place during the policy period; (2) first becomes known to a responsible insured within fifteen (15) days after it first commenced; and (3) is reported to us, in writing, within thirty (30) days after it first becomes known to a responsible insured. f. Related Claims With respect to this Coverage 1 D, if a claim is first made against an insured and reported to us during this policy period, then, provided you have maintained coverage for Pollution Liability For Your Sites with us or our affiliate on a continuous, uninterrupted basis, all claims first made against an insured and reported to us during a subsequent policy period that arise out of the same, related, continuous or repeated pollution condition(s) that gave rise to a claim first made against an insured and reported to us during this policy period, will be deemed to have been first made against the insured and reported to us during this policy period. All such claims will be subject to the applicable limits, deductible, terms and conditions of this Policy. 2. Specific Exclusion In addition to the exclusions in Section VI. SPECIFIC EXCLUSIONS APPLICABLE TO COVERAGES 1C AND 1 D and the common exclusions in Section VIII. COMMON EXCLUSIONS —COVERAGES 1A— 1 E, Coverage 1 D does not apply to any claim or loss arising out of: Previously Reported Claims The same, related, continuous or repeated pollution condition(s)that was the subject of a claim reported under any policy of insurance issued prior to this Policy, irrespective of whether this Policy is a renewal or replacement of such prior policy, and irrespective of whether or not such prior policy affords coverage for such claim. VI. SPECIFIC EXCLUSIONS APPLICABLE TO COVERAGES 1C AND 1D In addition to the common exclusions in Section VIII. COMMON EXCLUSIONS — COVERAGES 1A— 1 E, Coverages 1C and 1 D do not apply to any claim or loss arising out of: a. Asbestos and Lead-Based Paint Asbestos, asbestos-containing materials or lead-based paint. However, this Exclusion does not apply to cleanup costs for asbestos, asbestos-containing materials or lead-based paint in soil, groundwater, or any other body of water. b. Facility Inspections or Maintenance; Facility Upgrades and Improvements Any costs, charges or expense for the: CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 19 with its permission. (1) routine evaluation, inspection, maintenance, cleaning or repair of; or (2) maintenance, upgrade or improvement of, or installment of any control to, any building system, component, equipment or process on, at or under any unscheduled site or scheduled site. This Exclusion applies even if such costs, charges or expenses are: (1) required by any ordinance, code, regulation, or law, including environmental law; or (2) the result of or related to, cleanup costs, emergency expenses, or loss otherwise covered under this Policy. c. Insured Versus Insured A claim made by or on behalf of an insured against any other insured. This Exclusion does not apply to claims initiated by third parties or claims that arise out of an indemnification given by you to another insured in an insured contract. d. Material Change in Use A change in use or operations during the policy period at an unscheduled site or scheduled site, which materially increases a risk covered under this Policy. e. Pollution Conditions After a Site is Divested A pollution condition that commences after the applicable unscheduled site or scheduled site is sold, given away or abandoned by you. f. Underground Storage Tanks Any underground storage tank at an unscheduled site or scheduled site. However, this Exclusion does not apply to those underground storage tanks: (1) listed on a Schedule of Underground Storage Tank(s) endorsement attached to this Policy; (2) removed or abandoned in-place prior to the inception date, provided any removal or abandonment in-place by you or on your behalf was conducted in compliance with all applicable federal, state, municipal or provincial regulations; or (3) the existence of which is unknown to all responsible insureds as of the inception date. VII. COVERAGE 1E — ENVIRONMENTAL CRISIS MANAGEMENT COSTS We will pay the crisis management costs you incur as a direct result of a crisis management event that: a. arises directly from a pollution condition that has resulted, or is reasonably likely to result, in loss covered under Coverage 1A, 1 B, 1C or 1 D; b. commences during the policy period; and CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 110 with its permission. c. first becomes known to a responsible insured during the policy period and is reported to us in writing as soon as possible, but in any event during the policy period or within thirty (30) days after the end of the policy period. We will pay those crisis management costs you incur even if coverage hereunder is still to be confirmed by us, but we will stop paying such fees as soon as it becomes evident, to either you or us, that this insurance does not apply. Crisis management costs are not subject to any retention or deductible. VIII. COMMON EXCLUSIONS — COVERAGES 1A — 1E This Policy does not apply to any claim or loss arising out of: a. Contractual Liability Bodily injury, property damage or environmental damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This Exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in an insured contract, provided the bodily injury, property damage or environmental damage occurs subsequent to the execution of the insured contract. Solely for the purposes of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury, property damage or environmental damage provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same insured contract; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Regardless of how legal defense costs are treated elsewhere in this Policy, any coverage afforded under subparagraph (b) for reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured shall reduce the applicable limits of liability in Section XII. LIMITS OF LIABILITY AND DEDUCTIBLE. b. Covered by Project-Specific Insurance Your work, if the claim or loss is covered by any project-specific insurance available to the insured. c. Criminal Fines, Penalties or Assessments Criminal fines, criminal penalties or criminal assessments. d. Employer's Liability Bodily injury to: (1) An employee of the insured arising out of and in the course of: (a) Employment by the insured; or CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 111 with its permission. (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of paragraph (1) above. This Exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This Exclusion does not apply to liability assumed by the insured under an insured contract. e. Expected or Intended Injury or Damage Bodily injury, property damage or environmental damage expected or intended from the standpoint of the insured. This Exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. f. Failure to Comply A responsible insured's knowing, willful or deliberate failure to comply with, or disregard of, any statute, regulation, ordinance, administrative complaint, notice of violation, directive, order, or instruction made by or on behalf of any governmental body or agency, including a failure to report any pollution condition to the appropriate governmental agency when required by law. This Exclusion does not apply to a responsible insured's non-compliance that is based upon good faith reliance on written advice of outside counsel received in advance of such non-compliance. g. Intentional Acts A responsible insured's dishonest, fraudulent, malicious, willful, deliberate or knowingly wrongful act resulting in bodily injury, property damage or environmental damage. h. Internal Expenses Any costs, charges or expenses incurred by any insured for goods supplied or services performed by any temporary workers, volunteer workers, staff or salaried employees of the insured, its parent, subsidiary or affiliate, unless and until, our consent, such consent being within our sole discretion, to incur such costs, charges or expenses is provided in writing to you. L Known Pollution Condition, Injury or Damage Any pollution condition, bodily injury, property damage or environmental damage that was known to any responsible insured as of the inception date. This Exclusion does not apply to pollution conditions listed in any Schedule of Known Pollution Condition Endorsement attached to this Policy. j. Nuclear Material (1) The radioactive, toxic or explosive properties of nuclear material and with respect to which: (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 112 with its permission. (b) the insured is, or had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or (2) The actual, alleged, suspected or threatened ingestion of, inhalation of, contact with, exposure to, existence of, or presence of any radioactive matter or material arising out of your product. k. Professional Liability Bodily injury, property damage, environmental damage or cleanup costs arising out of the rendering of or failure to render any professional services. This Exclusion does not apply to the evaluation, consultation, or opinion given by you, or others for whom you are legally liable, in connection with your product. I. Related Entities and/or Individuals Bodily injury, property damage or environmental damage sustained by any person, entity or organization: (1) that is owned, managed, or controlled by such insured or in which such insured has an ownership interest in excess of twenty-five (25%) percent; (2) of which such insured is an officer, partner, or director; or (3) that owns, operates, or manages such insured. m. Transportation Activities The ownership, maintenance, use, or entrustment to others of any conveyance beyond the legal boundaries of a job site, waste disposal facility, unscheduled site or scheduled site. However, this Exclusion does not apply to Coverage 1A. n. War (1) War, including undeclared or civil war; (2) War-like action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. o. Waste Disposal Facilities The disposal of any products or materials, including waste, that have been delivered to any location or facility that is not owned, operated, leased, rented or occupied by you for the purpose of treatment, storage, processing, recycling or disposal. However, this Exclusion does not apply to Coverage 1A. p. Workers' Compensation and Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 113 with its permission. q. Your Product (1) Your product; or (2) Property damage or environmental damage to your product, arising out of it or any part of it. However, subparagraph (1) does not apply to your products that are installed as part of your work at a job site. This Exclusion does not apply to Coverage 1 B. IX. DEFENSE — COVERAGES 1A— 1E We have the right and duty to defend the insured against a suit seeking damages to which this insurance applies. We have no duty to defend the insured against any claim or suit seeking damages to which this insurance does not apply. Our duty to defend ends when the applicable Limit of Liability has been exhausted by the payment of loss. We may, at our discretion, investigate any pollution condition or claim and settle any claim or suit. With respect to any pollution condition or claim we investigate or suit we defend, we will pay legal defense costs. Solely with respect to Coverage 1 D (Pollution Liability for Your Sites), legal defense costs are included in loss and reduce the applicable limits of liability. X. COVERAGE 2 — PROFESSIONAL LIABILITY— CLAIMS MADE AND REPORTED 1. Insuring Agreement We will pay on behalf of the insured loss that the insured becomes legally obligated to pay because of a claim for a wrongful act in the rendering of or failure to render professional services, provided: a. The wrongful act was committed on or after the retroactive date, if applicable, and before the end of the policy period; b. A claim is first made against an insured during the policy period; and c. The claim is first reported to us, in writing, during the policy period or any applicable Extended Reporting Period. If a claim is first made against an insured and reported to us during this policy period, then, provided you have maintained Professional Liability coverage with us or our affiliate on a continuous, uninterrupted basis, all claims first made against an insured and reported to us during a subsequent policy period that arise out of the same, related, continuous or repeated wrongful act(s) that gave rise to a claim first made against an insured and reported to us during this policy period, will be deemed to have been first made against the insured and reported to us during this policy period. All such claims will be subject to the applicable limits, deductible, terms and conditions of this Policy. 2. Specific Exclusions Coverage 2 does not apply to any claim or loss arising out of: a. Aircraft, Auto or Watercraft The ownership, maintenance, use or entrustment to others of any aircraft, auto or CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 114 with its permission. watercraft owned or operated by or rented or loaned to any insured. Use includes operation and transportation. This Exclusion applies even if the claims against an insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured. b. Bankruptcy The bankruptcy or insolvency of an insured or of any other person, firm or organization. c. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay by reason of the assumption of liability in a contract or agreement. However, this Exclusion does not apply to liability that the insured would have in absence of the contract or agreement. d. Covered by Project-Specific Insurance Professional services, if the loss is covered by any project-specific insurance available to the insured. e. Discrimination Discrimination by an insured on the basis of race, creed, national origin, disability, age, marital status, gender or sexual orientation. f. Dishonest or Fraudulent Act A dishonest, fraudulent, criminal or malicious act, error or omission committed by or at the direction of a responsible insured. g. Disputed Fees Disputes over the insured's fees or charges or claims for the return of fees or charges. h. Employer's Liability Bodily injury to: (1) An employee of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of subparagraph (1) above. This Exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. i. Failure to Comply Failure to comply with any applicable federal, state, local or provincial statute, regulation, ordinance, order or instruction, if such failure is a willful or deliberate act or omission of a responsible insured. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 115 with its permission. j. Failure to Maintain The insured's requiring, obtaining, maintaining, advising or failing to require, obtain, maintain or advise of any bond, suretyship or any form of insurance or self-insurance. k. Faulty Workmanship Cost to repair or replace faulty workmanship, assembly, construction, erection, fabrication, installation, or remediation if such work is performed in whole or in part by an insured or anyone for whom the insured is or is alleged to be legally responsible. I. Fiduciary Liability of Non-Named Insured (1) An insured's acting as a partner, officer, director, stockholder, employer or employee of an entity that is not a Named Insured; or (2) An insured's acting as a fiduciary under the Employee Retirement Income Security Act of 1974 and any amendments thereto, or any regulation or order issued pursuant thereto, or any other employee benefit plan. m. Fines, Penalties and Assessments Civil, administrative or criminal fines or penalties imposed directly against an insured. n. Insured Versus Insured A claim brought by or on behalf of any insured against any other insured. o. Intellectual Property Actual or alleged misappropriation of trade secrets or infringement of patent, copyright, trademark, service mark or any other intellectual property right. p. Internal Expenses Any costs, charges or expenses incurred by any insured for goods supplied or services performed by any temporary workers, volunteer workers, staff or salaried employees of the insured, its parent, subsidiary or affiliate. q. Known Wrongful Act A wrongful act known by a responsible insured prior to the inception date and which reasonably could be expected to give rise to a claim under this Policy. r. Nuclear Material (1) The radioactive, toxic or explosive properties of nuclear material and with respect to which: (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (b) the insured is, or had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or (2) The actual, alleged, suspected or threatened ingestion of, inhalation of, contact with, exposure to, existence of, or presence of any radioactive matter or material arising out of your product. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 116 with its permission. s. Owned Facilities Any location or facility that is or was owned, occupied, operated by or rented or leased to you or any entity that: (i) has any ownership interest or operates, manages or otherwise controls you; or (ii) in which you have any ownership interest or which you operate, manage or otherwise control. t. Personal and Advertising Injury Personal and advertising injury. u. Previously Reported Claims The same, related, continuous or repeated wrongful act(s) that were the subject of a claim reported under any policy of insurance issued prior to this Policy, irrespective of whether this Policy is a renewal or replacement of such prior policy, and irrespective of whether or not such prior policy affords coverage for such claim. v. Project Delays or Cost Overruns Failure to complete any project on schedule or exceeding by any insured of any project cost estimate. w. War (1) War, including undeclared or civil war; (2) War-like action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. x. Workers' Compensation and Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. y. Warranties Express warranties or guarantees. This Exclusion shall not apply if liability would have in the absence of such express warranties and guarantees. z. Your Product Your product. 3. Defense —Coverage 2 — Professional Liability We have the right and duty to defend the insured against a suit seeking damages to which this insurance applies. We have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. Our right and duty to defend ends when we have used up the applicable Limit of Liability in the payment of loss. Legal defense costs are included in loss and reduce the applicable limits of liability. We may, at our discretion, investigate any wrongful act and settle any claim or suit that may result. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 117 with its permission. XI. WHO IS AN INSURED Applicable to Coverages 1 A— 1E Each of the following is an insured under Coverages 1 A— 1 E: 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your volunteer workers, but only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers is an insured for: (1) Bodily injury: (a) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in subparagraph (1) (a) above; or (c) Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. (2) Property damage or environmental damage to property: (a) Owned, occupied or used by; or CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 118 with its permission. (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee or volunteer worker), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Policy. 3. Any subsidiary, associated, affiliated or allied company or corporation, including subsidiaries thereof, of which you have more than 50% ownership interest as of the inception date is a Named Insured; however, such entities shall cease to be a Named Insured if you cease to maintain more than a 50% ownership interest. 4. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However, coverage for such organization: a. Is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Applies only if you give us written notice within 90 days after you acquire or form the organization, or before the end of the policy period, whichever is earlier; c. Is conditioned upon your payment of any additional premium that we charge for such organization; d. Is subject to any changes in policy terms, conditions or exclusions that we impose; and e. Does not apply to any bodily injury, property damage, environmental damage, pollution condition or wrongful act that took place before you acquired or formed the organization. Unless there is compliance with each of subparagraphs b. through e. above, there shall be no coverage under this Policy for a newly acquired or formed organization. 5. Any person or organization with whom you agree to include as an insured pursuant to a written contract, written agreement or permit is an insured, but only with respect to bodily injury, property damage, environmental damage or cleanup costs: (i) arising out of your work including completed operations or your products that are distributed or sold in the regular course of a vendor's business, (ii) caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf; and (iii) only for CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 119 with its permission. the lesser of the applicable limits of liability set forth in Section XII. LIMITS OF LIABILITY AND DEDUCTIBLE or the minimum limits of liability required by such written contract. The insurance afforded under this paragraph 5. only applies to the extent permitted by law and will not be broader than that which you are required by the contract or agreement to provide for such insured. Furthermore: a. A vendor is not an insured as respects bodily injury, property damage, environmental damage or clean-up costs arising out of: (1) Damages the vendor is obligated to pay by reason of the assumption of liability in a contract or agreement except for any damages that the vendor would have been obligated to pay in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (5) Any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) The sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this subparagraph does not apply to: (a) the exceptions contained in subparagraphs (4) or (6) above; or (b) such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury, property damage, environmental damage, or clean-up costs: (1) Arising out of any pollution condition that takes place after the equipment lease expires or you cease to be a tenant; or CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 120 with its permission. (2) Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lesser of premises, or mortgagee, assignee, or receiver. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Applicable to Coverage 2 — Professional Liability The following person(s) or entity(ies) are insureds under Coverage 2: 1. The first named insured and other named insured(s) expressly added to Item 1 of the Declarations; 2. Any of your current or former directors, officers, partners, members, employees, or shareholders, as applicable, while acting within the scope of his or her duties as such, but only while rendering professional services on behalf of a named insured; and 3. The estate, heirs, executors, administrators and legal representatives of each named insured in the event of death, incapacity or bankruptcy of such insured, but only with respect to liability arising out of professional services rendered by a named insured prior to such death, incapacity or bankruptcy, and only to the extent that coverage would have been provided under Coverage 2. XII. LIMITS OF LIABILITY AND DEDUCTIBLE Regardless of the number of claims, suits, claimants or insureds, the following limits of liability apply: 1. a. Policy Aggregate Limit The Policy Aggregate Limit set forth in Item 3 of the Declarations is the most we will pay for all loss covered under this Policy. b. Each Pollution Condition Limit Subject to Paragraph 1.a. above, the Each Pollution Condition Limit set forth in Item 3 of the Declarations is the most we will pay for all loss arising out of the same, related, continuous or repeated pollution condition(s). c. Individual Coverage Limits Subject to Paragraphs 1.a. and 1.b. above, the applicable Coverage Limit set forth in Item 3 of the Declarations for Coverages 1A— 1 E is the most we will pay for any one loss under the applicable coverage. d. Each Wrongful Act Limit Subject to Paragraph 1.a. above, the Each Wrongful Act Limit set forth in Item 3 of the Declarations is the most we will pay under Coverage 2 for all loss arising out of the same, related, continuous or repeated wrongful act(s). 2. Multiple Coverage Sections Subject to all applicable aggregate limits of liability, the highest applicable Each Pollution Condition Limit or Each Wrongful Act Limit is the most we will pay under all Coverages CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 121 with its permission. arising out of any combination of the same, related, continuous or repeated pollution conditions or wrongful acts. 3. Multiple Policies or Policy Periods The following applies to Coverages 1 A, 1 B and 1 C: a. All progressive or indivisible bodily injury, property damage or environmental damage, including any continuation, change or resumption of such injury or damage, which occurs over a period of days, weeks, months or longer caused by continuous or repeated exposure to the same, related, continuous or repeated pollution condition(s) shall be deemed to have occurred only on the date of first exposure to such pollution condition. However, if the date of first exposure cannot be determined and the bodily injury, property damage or environmental damage continues in fact during this policy period, all such injury or damage shall be deemed to have occurred during the policy period of the first policy issued to you by us or our affiliate providing substantially the same coverage as provided by this Policy for bodily injury, property damage or environmental damage that takes place during the policy period. b. If the same, related, continuous or repeated pollution condition(s) take place over the periods of multiple policies issued by us or our affiliate to you providing substantially the same coverage as provided by this Policy for bodily injury, property damage or environmental damage that takes place during the policy period: (1) all such bodily injury, property damage or environmental damage shall be deemed to have taken place only during the policy period of the first such policy in which any of the bodily injury, property damage or environmental damage took place; and (2) all loss arising from all such bodily injury, property damage or environmental damage shall be deemed to have arisen from one pollution condition and shall be subject to the limits of liability in effect for such first policy period. 4. Extension of Policy Period The Limits of Liability apply to the entire policy period. Any extension of the policy period that occurs after the inception date shall be deemed part of the preceding period for the purposes of determining the applicable Limits of Liability. 5. Deductible We will pay loss in excess of the applicable Deductible set forth in Item 3 of the Declarations. Deductible payments do not erode the Limits of Liability. A separate Deductible will apply to: a. each pollution condition or wrongful act; b. the same, related, continuous or repeated pollution condition(s) or wrongful act(s); or c. any combination of a. and b. above. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 122 with its permission. The Deductible includes legal defense costs. If the same, related, continuous or repeated pollution condition(s) or wrongful act(s) results in application of more than one Coverage, only the highest applicable Deductible shall apply. Upon our request, the first named insured shall promptly reimburse us for advancing any portion of the Deductible we have paid. In the event that the first named insured does not promptly reimburse us for any Deductible amount so advanced, any costs incurred by us in the collection of those amounts shall be added to the Deductible amounts due to us including, but not limited to, collection agency fees, attorney fees and interest. XIII. NOTICE, RIGHTS AND DUTIES 1. Your Duties in the Event of a Pollution Condition a. It is a condition precedent to coverage that you give us written notice of a pollution condition as soon as practicable. Written notice shall contain all of the following information: (1) The cause of the pollution condition; (2) The address of the location where the pollution condition took place; (3) The circumstances under which and the date the insured first became aware of the pollution condition; (4) Bodily injury, property damage, environmental damage or cleanup costs which have resulted or may result from such pollution condition; (5) The name of all insureds that may be subject to a claim and all potential claimants; (6) All engineering information available relating to the pollution condition; and (7) Any other information that we deem reasonably necessary and is reasonably available to the insured. b. You shall have the duty to mitigate and clean up any pollution condition to the extent required by environmental laws, including retaining appropriate environmental professionals. We may exercise our right to require that such environmental professionals have certain professional qualifications, including experience with similar pollution conditions and cleanup costs. We shall have the right but not the duty to review and approve all aspects of any such cleanup. You shall notify us of actions and measures taken pursuant to this Paragraph. 2. Our Rights in the Event of a Pollution Condition We shall have the right, but not the duty, to clean up or mitigate a pollution condition upon receiving notice as provided under Paragraph 1. above. Any sums we expend in taking such action shall be deemed incurred or expended by the insured and shall be applied against the Limits of Liability and Deductible of this Policy. Further, we shall have the right, but not the duty, to participate in decisions regarding cleanup costs and to assume direct control over all aspects of the cleanup and the adjustment of any claim or emergency expenses up to the applicable Limits of Liability. If we exercise this right, the insured shall promptly reimburse us for any element of loss falling within the Deductible. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 123 with its permission. 3. Your Duties with Respect to Emergency Expenses Within ten (10) days of the first discovery of the pollution condition for which emergency expenses have been incurred, you shall forward to us all information pertaining to the emergency expenses incurred. Such information shall include, to the extent reasonably available, the cause and location of the pollution condition, costs incurred and all associated invoices, technical reports, laboratory data, field notes, expert reports, investigations, data collected, regulatory correspondence or any other documents relating to the emergency expenses incurred. 4. Your Duties in the Event of a Wrongful Act It is a condition precedent to coverage under Coverage 2 — Professional Liability that you give us written notice as soon as practicable of any wrongful act which may result in a claim. To the extent practicable, such notice should include: a. How, when and where the wrongful act took place; b. The names and addresses of any injured persons and witnesses; and c. The nature and location of any injury or damage arising out of the wrongful act. Notice of a wrongful act is not notice of a claim. 5. Your Duties in the Event of a Claim or Suit Without limiting the requirements of any insuring agreement in this Policy, you shall give us written notice of any claim made or suit brought against an insured as soon as practicable. Such written notice shall include the following: a. All reasonably obtainable information with respect to the circumstances of the claim or suit, and the names and addresses of the claimants and available witnesses; b. All demands, summonses, notices or other process or legal papers received in connection with the claim or suit; and c. Other information in the possession of the insured or its hired experts which we deem reasonably necessary. 6. Knowledge of a Pollution Condition or Wrongful Act Knowledge of a pollution condition or wrongful act by any of your agents, servants or employees, or any other person shall not in itself constitute knowledge by you unless a responsible insured or a manager or equivalent level employee in your Risk Management, Insurance or Law Department possesses such knowledge. 7. Mistaken Notice If you mistakenly notify another insurer rather than us of a pollution condition or wrongful act, such mistaken failure to notify us shall not invalidate coverage so long as you notify us of the pollution condition or wrongful act within a reasonable time after you become aware of such error. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 124 with its permission. XIV. CONDITIONS 1. Action against Company No person or organization other than an insured has a right under this Policy: a. To join us as a party or otherwise bring us into a suit against any insured; or b. To sue us, in connection with this insurance unless all of this Policy's terms have been fully complied with. However, a person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for any loss that is not payable under the terms of this Policy or that is in excess of the applicable Limit of Liability. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 2. Appeals At our discretion, we may appeal any judgment that would result in a payment under this Policy. When we appeal, we will pay all costs associated with the appeal in addition to the limits of liability. Any such appeal will not increase our limits of liability. 3. Bankruptcy Bankruptcy or insolvency of an insured or an insured's estate shall not relieve us of our obligations under this Policy. However, any such insolvency or bankruptcy of an insured or an insured's estate shall not increase our obligations including, but not limited to, those with respect to any Deductible. 4. Cancellation a. The first named insured may cancel this Policy by delivery thereof to us or our authorized agent, or by mailing to us written notice stating when thereafter the cancellation shall be effective. If the first named insured cancels, any unearned premium will be paid to the first named insured calculated on the customary short rate basis. b. We may cancel this Policy by mailing to the first named insured at the address shown in Item 1 of the Declarations, a notice stating when such cancellation shall be effective. We may cancel this Policy for the following reasons only: (i) Non-payment of premium; (ii) Fraud or material misrepresentation; or (iii) A material change in the use of, or operations conducted at, any scheduled site that would materially increase the risk insured hereunder. If we cancel, any premium refund will be calculated on a pro rata basis. c. The time of delivery or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the first named insured or by us shall be equivalent to mailing. Proof of mailing such notice shall be sufficient proof of notice. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 125 with its permission. We shall provide notice of cancellation not less than: (1) ten (10) days prior to the effective date of cancellation for non-payment of premium; or (2) sixty (60) days prior to the effective date of cancellation for fraud, material misrepresentation or a material change in the use of, or operations conducted at, any scheduled site that would materially increase the risk insured hereunder. d. We will tender any premium refund due upon cancellation to the first named insured as soon as practicable after cancellation is effective, but tender of such premium refund is not a condition of cancellation. 5. Changes and Assignment The terms, definitions, conditions, exclusions and limitations of this Policy shall not be waived or changed, and no assignment of any interest in this Policy shall bind us, except as provided by an endorsement issued by us and attached to this Policy. 6. Consent Subject to Section VIII. COMMON EXCLUSIONS— COVERAGES 1A- 1 E, exclusion h. (Internal Expenses) and Section XVI. DEFINITIONS, definition 11. (Crisis Management Event), where our consent or your consent is required under this Policy, such consent shall not be unreasonably withheld, delayed, conditioned or denied. 7. Cooperation The insured shall assist and cooperate with us in the investigation, adjustment, defense or settlement of any claim or suit, including participating in meetings, testifying at hearings, depositions and trials, securing evidence, assisting us with investigating the existence of and procuring access to any other applicable insurance coverage and providing any written statements as we may require. 8. Currency Any reimbursement we make under this Policy will be made in U.S. currency at the prevailing exchange rate on the date the judgment is rendered, or the date the amount of the settlement is agreed upon, or the date any other reimbursable expenditure is made by the insured, whichever is most applicable. 9. Declarations and Representations By acceptance of this Policy, you agree that: a. The statements contained in the Declarations, the Application and any supplemental materials and information submitted in connection with the Application or any amendments to the Policy during the policy period, are your statements and representations; b. This Policy is issued in reliance upon the truth of such statements and representations; c. The statements and representations provided to us contain no material omissions; and d. This Policy embodies all agreements existing between you and us relating to the coverage provided hereunder. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 126 with its permission. 10. Economic and Trade Sanctions This Policy shall not apply to any risk which would be in violation of the laws of the United States including, but not limited to, U.S. economic or trade sanction laws or export control laws administered by the U.S. Treasury, State, or Commerce Departments. 11. Headings The descriptions in the headings and sub-headings of this Policy are included solely for convenience and form no part of this Policy's terms and conditions. 12. Independent Counsel In the event an insured is entitled by law to select independent counsel to represent or defend an insured at our expense, the attorney's fees and all other litigation expenses incurred by us shall be limited to the rates we would pay to counsel normally retained by us in the ordinary course of business when defending similar claims in the jurisdiction where the claim arose or is being defended. In addition, we may exercise our right to require that such counsel: a. Meet certain minimum qualifications with respect to competency, including possessing a minimum of five (5) years experience in defending claims similar to those asserted against the insured; b. Maintain suitable errors and omissions insurance coverage; and c. Agree, in writing, to respond in a timely manner to our requests for information regarding the claim. An insured may, at any time, waive any right it may have to select independent counsel. 13. Inspection and Audit With reasonable notice to you, we shall be permitted, but not obligated, to inspect, sample and monitor on a continuing basis your property, equipment and/or operations. Neither our right to make inspections, sample and monitor, nor the actual undertaking thereof, nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of you or others, to determine or warrant that such property, equipment and/or operations are safe, healthful or conform to acceptable engineering practice or are in compliance with environmental laws, or any other law, rule or regulation. Further, the first named insured agrees on behalf of all insureds, to grant us both the right to interview, and access to, any insured whom we reasonably believe may have relevant information pertaining to any claim or pollution condition potentially covered under this Policy. 14. Other Insurance If other valid and collectible insurance is available for any loss subject to coverage under this Policy, this insurance applies in excess of such other insurance, whether primary, excess, contingent or on any other basis except if such other insurance is specifically written to be excess insurance over the limits of liability of this Policy, this insurance will be primary. In the event that a written contract, written agreement or permit requires this insurance to be primary for any person or organization that you agreed to insure, and provided such person or organization is an insured under this Policy, this insurance will be primary and we will not seek contribution from any other insurance issued to such person or organization. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 127 with its permission. If all of the other insurance permits contribution by equal shares, we also will follow such method. Under this method, each insurer contributes equal amounts until it has paid its limit of liability or no loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its limit of liability to the total applicable limits of insurance of all insurers. 15. Separation of Insureds Except with respect to the Limits of Liability, Deductible, and any rights and duties specifically assigned to the first named insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made. Misrepresentation or concealment by one insured shall not prejudice the interest or coverage for another insured under this Policy, except where such latter insured is a parent, subsidiary, or affiliate of the insured that committed such misrepresentation or concealment. For the purposes of this condition, an "affiliate" means an entity that directly or indirectly is controlled by, or is under common control with, the insured that committed such misrepresentation or concealment. Notwithstanding the forgoing, nothing stated herein shall preclude us from seeking and obtaining rescission of this Policy in the event of a material misrepresentation in the application for insurance. In addition, nothing stated herein shall operate to increase the limit(s) of liability provided hereunder. 16. Sole Agent The first named insured shall act on behalf of all insureds for the payment of the Deductible, payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, and giving and receiving notice of cancellation. 17. Subrogation In the event of any payments made pursuant to this Policy, we shall be subrogated to any insured's rights of recovery against any person, entity or organization. The insured shall execute and deliver instruments and papers and do whatever is necessary to secure and perfect such rights. No insured shall do anything to prejudice such rights. Any recovery obtained as a result of subrogation, after such expenses incurred in the subrogation proceedings are deducted by us, shall accrue first to the insured to the extent of any payments in excess of the Limit of Liability; then us to the extent of any payments made under this Policy; and then to the insured to the extent of its Deductible. However, solely with respect to Coverages 1A— 1 E, if the insured has waived rights of recovery against any person, entity or organization prior to a claim or loss, we waive any right to recovery we may have under the Policy against such person, entity or organization. 18. Voluntary Payments The insured shall not settle any claim or suit or, with the exception of emergency expenses, make any voluntary payments without our prior written consent. If we recommend a settlement, the insured shall have the opportunity to consent to it, such consent not to be unreasonably withheld, conditioned, delayed or denied. If we recommend a settlement that is acceptable to a claimant for a total amount in excess of CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 128 with its permission. the applicable Deductible and within the applicable Limits of Liability and the insured refuses to consent to such settlement, then our liability for loss shall be limited to that portion of the recommended settlement, and the legal defense costs incurred as of the date of the insured's refusal, which exceeds the Deductible and falls within the applicable Limit of Liability. XV. EXTENDED REPORTING PERIODS This Section XV. applies to Coverages 1 D (Pollution Liability for Your Sites) and 2 (Professional Liability) only. 1. We will provide one or more Extended Reporting Periods, as described below, if this Policy is terminated for any of the following reasons: a. Cancellation by us for any reason other than failure to pay a premium when due or fraud or material misrepresentation; b. Non-renewal by us; or c. Cancellation by you and you have not purchased any other insurance to replace this insurance. 2. Extended Reporting Periods apply only to pollution conditions and wrongful acts that commenced on or after any applicable retroactive date and before the end of the policy period. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. Once in effect, Extended Reporting Periods may not be canceled. Neither the Automatic Extended Reporting Period nor the Optional Extended Reporting Period, if purchased, reinstates or increases any applicable Limit of Liability. 3. Automatic Extended Reporting Period a. A ninety (90) day Automatic Extended Reporting Period is automatically provided without additional charge. The Automatic Extended Reporting Period starts with the end of the policy period. b. A claim first made against an insured during the policy period and first reported to us during the Automatic Extended Reporting Period shall be deemed to have been first reported to us on the last day of the policy period. c. If the Optional Extended Reporting Period is purchased, the Automatic Extended Reporting Period shall not apply. 4. Optional Extended Reporting Period a. The first named insured shall be entitled to purchase an Optional Extended Reporting Period of up to three (3) years in duration. The Optional Extended Reporting Period starts with the end of the policy period. The first named insured must make a written request to us for an Optional Extended Reporting Period Endorsement within thirty (30) days after the end of the policy period. The Optional Extended Reporting Period will not go into effect unless the first named insured pays the additional premium within thirty (30) days of making the request for an Optional Extended Reporting Period Endorsement. The charge for CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 129 with its permission. the Optional Extended Reporting Period shall not exceed two hundred percent (200%) of the total premium for this Policy set forth in Item 4 of the Declarations, as modified by any premium adjustments during the policy period. b. A claim first made against an insured during the policy period or the Optional Extended Reporting Period, and first reported to us during the Optional Extended Reporting Period, shall be deemed to have been first made against an insured and first reported to us on the last day of the policy period. c. At the commencement of the Optional Extended Reporting Period, the entire additional premium shall be deemed fully earned. d. The Optional Extended Reporting Period Endorsement shall set forth the terms, not inconsistent with this section, applicable to the Optional Extended Reporting Period, including a provision to the effect that, subject to paragraph 1.c. above, the insurance afforded for claims first made and reported during such period is excess over any other valid and collectible insurance available under policies in force during or after the Optional Extended Reporting Period. XVI. DEFINITIONS 1. Auto means: a. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. 2. Bodily injury means the following injury(ies) sustained by any person, including, if applicable, death resulting therefrom: a. physical injury, sickness, disease, or illness, including the cost of medical monitoring if resulting from any of the foregoing; and mental anguish, emotional distress, or shock. 3. Cargo means your goods, products or wastes, or any goods, products or wastes for which you are legally liable. 4. Claim means a written notice, demand or assertion of a legal right alleging liability or responsibility on the part of an insured for loss, and includes a suit. 5. Cleanup costs means reasonable and necessary expenses, including restoration costs, incurred with our prior written consent which shall not be unreasonably withheld or delayed, to investigate, remove, treat, remediate, neutralize or immobilize a pollution condition, including associated monitoring or disposal costs, to the extent: a. required by environmental laws or if no applicable laws exist, to the extent recommended in writing by an environmental professional; or b. actually incurred by the government or any political subdivision of the United States of America or any state thereof, or by third parties. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 130 with its permission. 6. Completed operations means your work that has been completed and not abandoned. Your work will be deemed completed at the earliest of the following times: a. when all of your work called for in your contract has been completed; b. when all of the work to be done at the job site has been completed if your contract calls for your work at more than one job site; or c. when that part of your work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 7. Conveyance means any auto, railcar, train, watercraft or aircraft, provided the person or entity transporting the goods, products or waste is both in the business of and is properly licensed to transport the materials being moved. Conveyance does not include pipelines. 8. Coverage territory means anywhere in the world, with the exception of any country in which this insurance would be in violation of the laws of the United States as set forth in Section XIV. CONDITIONS, paragraph 10. (Economic and Trade Sanctions), provided that the insured's responsibility to pay any damages is determined in a suit on the merits in the United States of America, its territories and possessions, Puerto Rico or Canada, or in a settlement we agree to in writing. 9. Crisis management consultant means a professional firm or consultant that provides crisis management services and has been approved in writing by us, the approval for which shall not be unreasonably withheld. 10. Crisis management costs mean those reasonable and necessary fees and expenses: a. incurred by you within ninety (90) days after the crisis management event is discovered by you, or thereafter as approved by us in writing; and b. for services provided to you by a crisis management consultant for the sole purpose of assisting you with: (1) managing the media in direct response to a crisis management event to which this insurance applies; or (2) minimizing the economic harm to you caused by a crisis management event to which this insurance applies by consulting with you with respect to maintaining and restoring your company's public image or reputation. The insured must take reasonable steps to minimize crisis management costs. 11. Crisis management event means the public announcement or accusation by a third party that a pollution condition for which you are alleged to be legally responsible, has caused: a. bodily injury involving multiple third parties; or CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 131 with its permission. b. property damage, but only to the extent resulting in actual physical damage or environmental damage to multiple real properties or residential or office units within a building, owned by third parties; provided that one of your executive officers has proffered, in our sole discretion, a good faith opinion that the public announcement or accusation has caused or is reasonably likely to cause economic harm to, or a material adverse effect on, your company's image or goodwill. 12. Emergency expenses means reasonable and necessary expenses incurred within the first ninety-six (96) hours of discovery of a pollution condition to abate or respond to an imminent and substantial threat to human health or the environment resulting from such pollution condition. 13. Employee includes a leased worker. Employee does not include a temporary worker. 14. Environmental damage means (i) physical damage to biota, soil, groundwater, surface water or the atmosphere caused by a pollution condition, or (ii) the presence of microbial matter; in either case giving rise to cleanup costs or emergency expenses. Environmental damage does not include property damage. 15. Environmental laws means any federal, state, provincial, commonwealth, municipal or other local law, statute, directive, ordinance, rule, guidance document, regulation, and all amendments thereto, including voluntary cleanup or risk-based corrective action guidance, governing the liability or responsibilities of the insured with respect to a pollution condition. 16. Environmental professional means an individual designated by us or by you with our prior written consent who is currently certified or licensed in a recognized field of applicable environmental science as required by a state board or professional association and who maintains errors and omissions coverage acceptable to us. 17. Executive officer means a person holding any of the officer positions created by the insured in its charter, constitution, by-laws or any other similar governing document. 18. First named insured means the first person or entity identified in Item 1 of the Declarations. 19. Illicit abandonment means the intentional placement, abandonment or disposal on, or into a job site by a person or entity that: a. is not an insured; b. is not affiliated by common ownership with an insured; and c. has never maintained an ownership or operational interest in the job site. 20. Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because: a. it incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous; or CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 132 with its permission. b. you have failed to fulfill the terms of a contract or agreement; if such property can be restored to use or rendered useful by the repair, replacement, adjustment or removal of your product or your work or your fulfilling the terms of such contract or agreement 21. Inception date means the first date set forth in Item 2 of the Declarations. 22. Insured contract means: a. (1) A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract; (2) A sidetrack agreement; (3) Any easement or license agreement; (4) An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; (5) An elevator maintenance agreement; (6) That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for bodily injury, property damage or environmental damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph (6) does not include that part of any contract or agreement: (a) That indemnifies an architect, engineer, or surveyor, his agents or employees, for injury or damage arising out of preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs, or specifications; or giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. (b) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (a) above and supervisory, inspection, architectural or engineering activities. b. With respect to Coverage 1 D (Pollution Liability for Your Sites): A written contract or agreement with your customer that indemnifies them for loss arising from the storage, handling, treatment, processing, recycling or disposal of their waste by you at any scheduled site or unscheduled site; and c. A written contract or agreement listed on a Schedule of Insured Contracts endorsement to this Policy. 23. Job site means a location where you perform your work other than any: a. waste disposal facility; or CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 133 with its permission. b. location owned, operated, leased, rented, or managed by an insured, or any subsidiary or affiliate of an insured, at anytime. However, paragraph b. above does not apply to a location rented or leased for a short time in support of a project. Job site also includes a location where you temporarily store materials, parts or equipment used in your work for a period of not more than ten (10) days. 24. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 25. Legal defense costs means: a. reasonable and necessary costs, charges and expenses including expert charges, incurred in the investigation of a pollution condition or claim, or the adjustment, defense or settlement of any claim or suit; b. all reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit, including actual loss of earnings up to $750 a day because of time off from work; c. all court costs taxed against the insured in the suit; however, these payments do not include attorneys' fees or attorneys' expenses or sanctions taxed to, awarded against or imposed upon the insured; d. prejudgment interest awarded against the insured on that part of the judgment we pay; if we make an offer to pay the applicable Limit of Liability, we will not pay any prejudgment interest based on that period of time after the offer; e. all interest on the full amount of any judgment within the applicable Limit of Liability that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable Limit of Liability; and f. reasonable and necessary costs, charges and expenses including expert charges, incurred with our prior written consent, in representing the insured in an action brought by a regulatory agency with jurisdiction over environmental laws. 26. Loading or unloading means the handling of property: a. after it is moved from the place where it is accepted for movement into or onto a conveyance; b. while it is in or on a conveyance; or c. while it is being moved from a conveyance to the place where it is finally delivered. Loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the conveyance. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 134 with its permission. 27. Location means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 28. Loss means: a. monetary awards or settlements of compensatory damages; b. solely with respect to Coverages 1 A— 1 E: (1) civil fines, civil penalties and civil assessments for bodily injury, property damage or environmental damage; and (2) where insurable by law, punitive, exemplary or the multiplied portion of multiplied damages; c. solely with respect to Coverages 1A, 1 B, 1C and 1 D, cleanup costs; d. solely with respect to Coverages 1A and 1 D, emergency expenses; f. solely with respect to Coverage 1 E, crisis management costs; and g. solely with respect to Coverages 1 D and 2, legal defense costs. 29. Low-level radioactive waste means waste that is radioactive but is not spent nuclear fuel, byproduct material (as defined in 10 C.F.R. § 20.1003), uranium mill tailings, transuranic radioactive waste, or classified as high-level radioactive waste by the U.S. Nuclear Regulatory Commission. 30. Microbial matter means mold, fungus or legionella on or within any building or structure whether or not the substance is living. 31. Mixed waste means waste containing some levels of both low-level radioactive waste and hazardous waste as defined in the Resource Conservation and Recovery Act, as amended. 32. Natural resource damage means injury to, destruction of, or loss of value of, fish, wildlife, biota, land, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States of America (including the resources of the fishery conservation zone established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.0 § 1801 et. seq.)), any state or local government, or foreign government, or any Native American Tribe, or, if such resources are subject to a trust restriction on alienation, any members of any Native American Tribe, including the reasonable costs of assessing such injury, destruction or loss resulting therefrom. 33. Our affiliate means any parent, subsidiary, affiliate, division, related company, holding company, merged company, acquired company, predecessor-in-interest or successor-in- interest of the Company, listed in the Declarations, issuing this Policy. 34. Personal and advertising injury means injury, including consequential bodily injury, arising out of one or more of the following offenses: a. false arrest, detention or imprisonment; CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 135 with its permission. b. malicious prosecution; c. wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lesser; d. oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. oral or written publication, in any manner, of material that violates a person's right of privacy; f. use of another's advertising idea in your advertisement; or g. infringing upon another's copyright, trade dress or slogan in your advertisement. 35. Policy period means the period set forth in Item 2 of the Declarations or any shorter period resulting from cancellation of this Policy. 36. Pollutant means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, toxic or hazardous substances, electromagnetic fields, chemicals, waste, and microbial matter. 37. Pollution condition means: a. the discharge, dispersal, release, or escape; or b. illicit abandonment; of any pollutant into or upon land or any structure on land, the atmosphere, or any watercourse or body of water, including groundwater, in concentrations or at levels in excess of those naturally present in the environment. 38. Products-completed operations hazard: a. Includes all bodily injury, property damage and environmental damage occurring away from premises you own or rent and arising out of your product, except products that are still in your physical possession, or completed operations. b. Does not include bodily injury, property damage or environmental damage arising out of: (1) The transportation of your products; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 39. Professional services means services the insured performs for a third party, but only in the capacity as an architect, engineer, consultant, laboratory service provider, inspector, surveyor, construction manager, LEED accredited professional, or as otherwise specifically described in a Professional Services Endorsement attached to this Policy. Professional services includes recommendations made for the site selection, transportation, disposal or treatment of pollutants generated by third parties. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 136 with its permission. Professional services does not include: a. Services for or associated with the management or operation of any facility by you or on your behalf; b. Any evaluation, consultation, option or advice given by you, or others for whom you are legally liable in connection with your product; or c. Any actual construction, erection, demolition, dismantling, assembly, fabrication, installation or remediation service performed by you or on your behalf, including the means, methods, techniques, sequences and procedures employed in the performance of those operations by you or on your behalf. 40. Property damage means: a. physical injury to or destruction of tangible property owned by third parties, including all resulting loss of use and diminution in value of such property; b. loss of use of tangible property owned by third parties that has not been physically injured or destroyed; or c. natural resource damage. Property damage does not include environmental damage, cleanup costs or emergency expenses. Electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 41. Responsible insured means your executive officers, managers and supervisors of your work at job sites, your corporate risk manager, and your managers and supervisors responsible for environmental affairs, control or compliance. 42. Restoration costs mean reasonable and necessary costs, charges and expenses, incurred with our prior written consent which shall not be unreasonably withheld or delayed, required to restore, repair, replace or rebuild real or personal property to substantially its condition immediately prior to damage that resulted from cleanup costs. Restoration costs, however, shall not exceed the lesser of: (i) such costs, charges and expenses incurred to restore, repair, replace or rebuild the property, or (ii) the actual cash value of the property, immediately prior to incurring cleanup costs. Restoration costs do not include costs, charges or expenses for improvements or betterments. 43. Retroactive date means the applicable date set forth in Item 3 of the Declarations. 44. Scheduled site means any location owned, operated, managed under a written contract, leased or rented by you during the policy period and listed in Item 3 of the Declarations. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 137 with its permission. 45. Suit means a civil proceeding in which damages because of bodily injury, property damage, environmental damage, cleanup costs or a wrongful act to which this insurance applies are alleged. Suit includes an arbitration proceeding or any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured must submit or does submit with our written consent. 46. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. 47. Transportation means the movement by conveyance by the insured, or on behalf of the insured by a properly licensed third-party carrier, of goods, products or wastes, and includes any loading or unloading of such goods, products or waste. Transportation also includes the delivery of a liquid product or waste into the wrong receptacle, or to the wrong address, or the mistaken delivery of one liquid product or waste for another. 48. Underground storage tank means any tank and associated piping and appurtenances connected thereto, that has at least ten percent (10%) of its volume below ground. 49. Unscheduled site means any location owned, operated, managed under a written contract, leased or rented by you during the policy period other than a scheduled site. 50. Volunteer worker means a person who is not your employee, and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 51. Waste means materials to be disposed, recycled, reconditioned or reclaimed. Waste includes medical, infectious and pathological waste, and radioactive waste but only if it qualifies as low-level radioactive waste or mixed waste. 52. Waste disposal facility means any location where your waste is sent for treatment, storage, processing, recycling or disposal, provided the location is not and never was owned, operated or leased by you or your parent, subsidiary or affiliate, and provided such location: a. is listed in a Schedule of Waste Disposal Facilities endorsement attached to this Policy; or b. as of the date any waste or materials are delivered by you or on your behalf, meets all of the following criteria: (1) It is properly licensed, as applicable, by state, federal, municipal or provincial authority to conduct waste treatment, storage, processing, recycling or disposal; and (2) It is not listed, or proposed to be listed, on the U.S. Environmental Protection Agency's (EPA) Final National Priorities List (NPL), or on the Superfund or Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) database, or any state or provincial equivalent to the federal NPL, Superfund or CERCLIS database. 53. Wrongful act means an act, error, or omission. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 138 with its permission. 54. Your product means: a. Goods or products, other than real property, manufactured, sold, handled, distributed, altered or repaired by you or others trading under your name; or b. Containers (other than a conveyance), materials, parts or equipment furnished in connection with such goods or products. Your product includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and b. The providing of or failure to provide warnings or instructions. 55. Your work means: a. (i) Work or operations performed by you or on your behalf for a third party at a job site, including completed operations; (ii) Materials, parts or equipment furnished in connection with (i) above; (iii) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use with respect to (i) and (ii) above; and (iv) The providing of or failure to provide warning or instructions with respect to (i) and (ii) above; b. Transportation; and c. Your use of a waste disposal facility. CPLUS001-1215 Includes copyrighted material of Insurance Services Office, Inc., Page 139 with its permission.