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C2017-525 - 11/7/2017 - Approved
2017-525 11/07/17 ¶ 2017-178 Pepper Lawson Waterworks LLC 00 52 23 AGREEMENT This Agreement, for the Project awarded on November 7,2017, is between the City of Corpus Christi (Owner)and Pepper Lawson Waterworks, LLC (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: O.N.Stevens WTP Maintenance Building E16427 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols.Inc. 800 N.Shoreline Blvd.,Suite 1600N Corpus Christi,TX 78401 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.45 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 225 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 255 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each,are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages Agreement 00 52 23- 1 -O.N.Stevens WTP Maintenance Building—E16427 Neo06-22-2016 INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF O. N . Stevens WTP Maintenance Building E16427 1 I Freese and Nichols, Inc. 800 N. Shoreline Blvd., Suite 1600N/Corpus Christi, TX/361.561.6500 Record Drawing Number WTR 459 OF 1 � OF\` 1 , P'(E OF TF�-11 �0I3'�i7 p��eeeTF.I-11 0 * 0 ® j .*°:.•�°•....�•••e��e••�•*/ %*/ee0000eee0000000eoee°oee/ 00 BRIAN D.BRESLER % 0 SHANE RAY TORNO / •.••..•••.•...•••••••••.••/ eseos00000eoeesos000eose�q % //0-p'; 112706 •:4u w Oo-P% 89499 AW ®0�Ci Oma'�!C le:���- l�F*e,C SAO ENS• G � �, SS/°®EN 1111ONA -17 FREESE AND NICHOLS, INC. FREESE AND NICHOLS, INC. TEXAS REGISTERED TEXAS REGISTERED ENGINEERING FIRM ENGINEERING FIRM F-2144 F-2144 ARC OF T SMO NqCD y�� �P.,.,,..... LU �P q`LU n -a . . .. ......... ... .. MES C. WARD ... ........................... �3i 2� • 98658 f OF ( .• ....... •.'� � a1 OVAL � g_3r?at? 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 (Revo1-13-2016) 00 30 01 Bid Form (Revo1-13-2016) 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 06-22-2016) 00 52 23 Agreement(Rev 06-22-2016) 00 61 13 Performance Bond (Revo1-13-2016) 00 61 16 Payment Bond (Revo1-13-2016) 00 72 00 General Conditions (Rev3-23-2015) 00 72 01 Insurance Requirements (Rev06-22-2016) 00 72 02 Wage Rate Requirements (Rev06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Revo1-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 011100 Summary of Work(Revo1-13-2016) 01 23 10 Alternates and Allowances 01 2900 Application for Payment Procedures (Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Revo1-13-2016) 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 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 Division/ Title Section 01 40 00 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 022020 Excavation & Backfill for Utilities 022021 Control of Groundwater 022022 Trench Safety for Excavations 022080 Embankment 022100 Select Material 022420 Silt Fence 025223 Crushed Limestone Flexible Base 025404 Asphalts, Oils, & Emulsions 025412 Prime Coat 025414 Aggregate for Surface Treatment 025418 Surface Treatment 025612 Concrete Sidewalks and Driveways 025620 Portland Cement Concrete Pavement 025802 Temporary Traffic Controls During Construction 026201 Waterline Riser Assemblies 026202 Hydrostatic Testing of Pressure Systems 026206 Ductile Iron Pipe & Fittings 026210 PVC Pipe 026402 Waterlines 026404 Water Service Lines 026409 Tapping Sleeves &Tapping Valves 026411 Gate Valves for Waterlines 026416 Fire Hydrants 027202 Manholes 027203 Vacuum Testing of Wastewater Manholes and Structures 027205 Fiberglass Manholes Table of Contents 000100-2 O.N. Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 Division/ Title Section 027602 Gravity Wastewater Lines 027606 Wastewater Service Lines 028020 Seeding 028040 Sodding 028340 Chain Link Security Fence 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures 055420 Frames, Grates, Rings, and Covers Part T Technical Specifications 03 30 00-T Cast-In-Place Concrete (Buildings) 03 35 11-T Concrete Floor Finishes 06 10 00-T Rough Carpentry 06 41 00-T Custom Cabinets 07 21 00-T Thermal Insulation 07 41 33-T Insulated Roof Panels 07 42 33-T Insulated Wall Panels 07 90 33-T Joint Sealers 08 11 13-T Hollow Metal Doors and Frames 08 14 16-T Flush Wood Doors 08 33 00-T Overhead Coiling Service Doors 08 43 33-T Aluminum Framed Storefronts 08 71 33-T Door Hardware 08 80 00-T Glazing 09 21 16-T Gypsum Board Assemblies 09 51 00-T Acoustical Ceilings 09 65 00-T Resilient Flooring 09 77 00-T Special Wall Surfacing 09 90 33-T Painting and Coating 10 14 33-T Signage 10 21 33-T Plastic Toilet Compartments 10 44 33-T Fire Extinguishers 10 80 00-T Toilet, Bath, and Laundry Accessories Table of Contents 000100-3 O.N. Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 Division/ Title Section 13 34 19-T Metal Building Systems 22 05 00-T Basic Plumbing Requirements 22 05 05-T Plumbing Commissioning 22 05 29-T Hangers and Supports for Plumbing Piping 22 05 53-T Identification for Plumbing Piping & Equipment 22 05 93-T Tests-Plumbing Piping Systems 22 07 19-T Plumbing Piping Insulation 22 10 00-T Plumbing Piping 22 11 00-T Facility Potable Water Distribution 22 13 00-T Facility Sanitary Distribution 22 30 00-T Plumbing Equipment 22 40 00-T Plumbing Fixtures 23 05 00-T Basic HVAC Requirements 23 05 05-T Commissioning of HVAC Systems 23 05 29-T Hangers &Supports for HVAC Piping 23 05 48-T HVAC Vibration Control 23 05 53-T Identification for HVAC Piping and Equipment 23 05 83-T Tests-HVAC Piping Systems 23 05 93-T HVAC Testing, Adjusting, and Balancing 23 07 13-T HVAC Ductwork Insulation 23 07 16-T HVAC Equipment Insulation 23 07 19-T HVAC Piping Insulation 23 09 13-T Basic Controls for HVAC 23 23 00-T Refrigeration Piping 23 31 00-T Ductwork 23 33 00-T Air Duct Accessories 23 34 23-T HVAC Power Ventilators 23 37 13-T Grilles, Registers, Diffusers 23 40 00-T HVAC Air Filters 23 63 13-T Air Cooled Refrigerant Condensers 23 70 00-T Air Handling Units 23 82 19-T Electric Resistance Duct Heaters 26 00 10-T Special Provisions for Electrical Work 26 01 00-T Access Doors Table of Contents 000100-4 O.N. Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 Division/ Title Section 26 01 10-T Raceways 26 01 11-T Conduit and Fittings 26 01 13-T Cable Trays 26 01 20-T Wire and Cable—600 Volts and Under 26 01 31-T Junction and Pull Boxes 26 01 34-T Outlet Boxes 26 0140-T Wiring Devices 26 01 50-T Motors, Controllers, and Electrical Powered Equipment 26 01 70-T Disconnect Switches 26 01 90-T Supporting Devices 26 04 11-T Underground Services 26 04 40-T Metering 26 04 50-T Grounding 26 04 60-T Indoor Dry Type Transformers 26 04 70-T Main Service Switchboard 26 04 71-T Panelboards 26 04 76-T Fuses 26 05 01-T Lighting Fixtures 26 06 03-T Empty Raceway Systems 26 07 20-T Fire Alarm System 26 07 41-T Data Cabling System 26 09 10-T Temperature Controls 26 09 96-T Electrical System Startup 3105 13.01-T Soils for Earthwork 3131 16-T Termite Control 4122 13.13-T Bridge Cranes Appendix Title A Geotechnical Report B Building Permit Forms END OF SECTION Table of Contents 000100-5 O.N. Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 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: O.N. Stevens WTP Maintenance Building E16427 A. The construction of an 8,400 SF metal building maintenance facility with three shops with overhead doors, an overhead bridge crane, space for 20 FTE work functions, and site work including utility connections,grading for drainage, embankment and foundation construction,ADA parking and entry accommodations, and approximately 1 acre of paved parking and laydown. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$1,836,300. The Project is to be substantially complete and ready for operation within 225 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 2:00 PM,Wednesday, September 13, 2017 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. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: Invitation to Bid and Instructions to Bidders 002113- 1 O.N. Stevens WTP Maintenance Building—E16427 Rev 01-13-2016 City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid - O.N. Stevens WTP Maintenance Building, Project No. E16427 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, Wednesday, September 13, 2017, at the following location: City Hall Building— City of Corpus Christi Third Floor Engineering Services Smart Board Conference Room 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 10:00 AM Tuesday,August 22, 2017 at the following location: O.N. Stevens WTP, Filter Building Conference Room 13101 Leopard St. Corpus Christi, Texas 78410 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 O.N. Stevens WTP Maintenance Building—E16427 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 O.N. Stevens WTP Maintenance Building—E16427 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 3. 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 O.N. Stevens WTP Maintenance Building—E16427 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 O.N. Stevens WTP Maintenance Building—E16427 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 00 45 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 O.N. Stevens WTP Maintenance Building—E16427 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 18—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 O.N. Stevens WTP Maintenance Building—E16427 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 CIO,with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIO,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 8. 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 O.N. Stevens WTP Maintenance Building—E16427 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 O.N. Stevens WTP Maintenance Building—E16427 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—Completed 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 Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 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. Required if excavation>3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges Required ❑ Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required . Not Required Insurance Requirements 00 72 01-1 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. 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 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 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 Insurance Requirements 00 72 01-2 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 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. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should 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; and 4. 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. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. 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; Insurance Requirements 00 72 01-3 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery,fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 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. For Projects with a Contract Value that exceeds $5,000,000, 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 Owners Indemnitees as defined in Article 1 of the General Conditions; and 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 Insurance Requirements 00 72 01-4 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot; civil commotion;terrorism;vehicle impact; aircraft; smoke;theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements 00 72 01-5 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 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. 1.05 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 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 Insurance Requirements 00 72 01-6 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 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. 1.06 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 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 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. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out(redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 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. 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. 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 Insurance Requirements 00 72 01-8 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 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; Insurance Requirements 00 72 01-9 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 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 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 1 1 f 009101 ADDENDUM NUMBER 1 Project: 0,N,Stevens WTP Maintenance Buil 'n Project Number:E16427 Owner: City of Carpus Chs ..__. .. risti city � Engineer: J FI Edmonds,P E Designer: Brian Bresler, P.E. I .Addendum No. 1 Specification Section: 00 9101 Issue Date: 9/8/2017 ...... ..�...,. _ Acknowledge receipt of this,Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by........._ a 9/6/2017 Brian Brc ,ic r, P.E. _ _....._... ..... ...._.._.... � �;...F q44t Name �. �M O Addendum items: . C7 �• is#� Modifications ;` "' """."""."•...i 1. Modifications to Specification Section 00 21 13 BRIAN .BRE ..l.. r 112706 ', : Replacement off /CEN'SS '=" 1. Replacement of Specification Section 4122 13.13 % /DNA J Clarifications 1. Answers to ClvCast questions " FREESE AND NICHOL au INC, TEXAS REGISTERED ENGINEERING FIRM i F-2144 ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement j Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Addendum No,1 009101- 1 O.N.Stevens WTP Maintenance Building—E16427 Rev 01-13-2016 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS A. SECTION 00 2113 "INVITATION TO BID AND INSTRUCTIONS TO BIDDERS" ARTICLE 8— BID SECURITY: DELETE: Paragraph 8.01 entirely. ADD: New paragraph(s)8.01 immediately after Paragraph 7.03. "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 14 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." ARTICLE 2—MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. 2.01 ADD, DELETE OR REPLACE SPECIFICATION SECTIONS (OR TECHNICAL SPECIFICATIONS) A. Delete the following Specification Sections (or Technical Specifications): Deleted Specification Sections(or Technical Specifications) SECTION 4122 13.13 BRIDGE CRANES B. Add the following Specification Sections (or Technical Specifications): Added Specification Sections(or Technical Specifications) SECTION 4122 13.13 BRIDGE CRANES (Attachment 1) ARTICLE 4—CLARIFICATIONS 4.01 QUESTIONS A. Question (8/17/2017): Article 18 of the Invitation to Bid/Instructions to Bidders indicates that contracts are due within 14 days, but Article 8 of the same reads Bidder, "will enter into contract within 10 days of the Notice of Award of the contract." Please clarify Answer: The maximum days between award and when all paperwork is due back from the contractor fully executed is 14 days. Article 8 is updated in Addendum No. 1 to reflect 14 days to be consistent with Article 18 of Section 00 2113 Invitation to Bid/Instructions to Bidders. B. Question (8/17/2017): Please provide actual physical address of project site for insurance and bonding purposes. Answer: The address appears in Article 4.01 of the Invitation to Bid/Instructions to Bidders,and it is 13101 Leopard St., Corpus Christi,Texas,78410. C. Question (8/18/2017): With regard to Section 004516,Table-4 Safety Record Questionnaire and Statement of Bidder's Safety Experience, Question 6 on Page 11 of 13, Addendum No. 1 00 9101-2 O.N.Stevens WTP Maintenance Building—E16427 Rev 01-13-2016 we request that the requirements stipulated by the Texas Department of Insurance (TDI) govern. Specifically,the TDI-guidelines state that"insurance companies are required to calculate experience modifiers" and that they have established "a three year transition period for Rule 4-C-4—Negotiated Modifications in the Texas exceptions to the NCCI ER Plan, Rule 4-C-4 will expire on or July 1, 2018." In accordance with these guidelines from the state, we proposed to submit a ERM Rating letter for the past 5 years from our insurance company. Answer: The ERM Rating Letter will be acceptable. D. Question (8/18/2017): Can you please distribute the SOQ Forms (Section 00 45 16) in a WORD.docx file format. Answer: The SOQ forms are available in Word format on the City's website.Go to: http://www.cctexas.com and click on > Business> Engineering Department> For Architects and Engineering Firms>Standards and Contracts>Cover and Table of Contents(Open the Word file and on page 2 look for 00 4516 Statement of Experience, click the link and the section will open in a new Word file). E. Question (8/19/2017): We would like to propose polymer concrete manholes and lift stations as an alternative material for the structure for this project. Polymer is a riged, structure and corrosion proof Answer: The Utilities Dept. standard for WW manholes is fiberglass. F. Question (8/23/2017): Will the use of crushed concrete flex base meeting TXDOT 247 Specifications be allowed as a green alternative to limestone base? Answer: If a crushed concrete flex base meets TxDOT 247 for Type A,Grade 1-2 then it is acceptable for this project. G. Question (8/28/2017): Due to the hurricane,will project be put on hold? Answer: No the project will move forward as scheduled. H. Question (9/6/2017): The section 00 30 01 Bid Form is requiring a very detailed schedule of values break out. Subcontractors and suppliers bidding the project will submit bids to general contractors up to the last few minutes before the bid opening time. In addition, from past experience most will be received as lump sum bids and GCs will have to request the break out information from them. For an accurate bid break down will the City consider receiving bids with a Total Project Base Bid (Parts A thru H) at 2:00pm, and an itemized unit price follow up within 24 hours? Answer: No. All required bid information,including a fully filled out bid form, must accompany any electronic or hard bid to be considered responsive,and are due by the bid date and time shown in the Invitation to Bid/Instructions to Bidders. The bid opening is not for another week. GCs should request breakout information from their subs now, to require that their submission to the GCs next week includes the required breakout information. I. Question (9/6/2017): We "second" the suggestion regarding submission of bids with a Total Project Base Bid (Parts A thru H) at 2:00 pm, and then an itemized unit price follow up within 24 hours. With prices coming in until the very last minute from subs and suppliers this will help ensure accurate values. We also request that the City consider this option. Addendum No. 1 00 9101-3 O.N.Stevens WTP Maintenance Building—E16427 Rev 01-13-2016 Answer: All required bid information,including a fully filled out bid form, must accompany any electronic or hard bid to be considered responsive,and are due by the bid date and time shown in the Invitation to Bid/Instructions to Bidders. The bid opening is not for another week. GCs should request breakout information from their subs now, to require that their submission to the GCs next week includes the required breakout information END OF ADDENDUM NO. 1 Addendum No. 1 00 9101-4 O.N.Stevens WTP Maintenance Building—E16427 Rev 01-13-2016 Attachment 1 (8 pages) Addendum No. 1 00 9101-5 O.N.Stevens WTP Maintenance Building—E16427 Rev 01-13-2016 4122 13.13 BRIDGE CRANES 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish labor, materials, equipment and incidentals necessary to install bridge crane and hoist assembly in the maintenance building as indicated on the plans. 1.02 QUALITY ASSURANCE A. Acceptable Manufacturers: 1. Anchor Crane and Hoist Service Company of Dallas,Texas. 2. Gaffey, Inc., Fort Worth,Texas. 3. Approved Equal. B. Design Criteria: 1. Crane design, including stress limitations, factors of safety, bearing life and contactor rating, shall be in accordance with applicable provisions of CMAA specifications, Class C (moderate service). 2. Equipment shall be in accordance with all safety features required by OSHA standards. 3. Components of each top running bridge crane shall be designed for the capacity indicated herein. Crane rail length, hook and trolley travel limits shall be as indicated on the plans and specified herein. C. Factory Test: Equipment shall be fully assembled, subjected to no-load running tests and dismantled only as required to facilitate shipment. D. Manufacturer's Representative for Startup and Testing: The services of the Manufacturer's technical representative shall be provided for pre-startup installation checks, startup assistance, training of Owner's operating personnel,troubleshooting and other services as required in Section 0175 00 "Starting and Adjusting." 1.03 SUBMITTALS A. Submittals shall be in accordance with Section 0133 00 "Document Management" and shall include: 1. Shop Drawings. a. Product data sheets b. Project specific electrical equipment wiring diagrams c. Data sheets for miscellaneous equipment (disconnect, cable, pushbutton station, etc.). Data sheets shall clearly indicate the model number being provided Addendum No. 1 Page 1 of 8 Bridge Cranes 4122 13.13-1 O.N.Stevens WTP Maintenance Facility—E16427 2. Operation and Maintenance Manuals. a. Operation and maintenance manuals shall be prepared by the equipment manufacturer and shall contain the final certified shop drawings, submittals, list of manufacturer recommended spare parts, schematics, and maintenance procedures. O&M manuals shall include all field changes made during startup and testing. b. Manuals may be manufacturer's standard instructions, but shall be supplemented as necessary to cover any special feature not included in standard material. c. Operation and maintenance manuals shall include warranty information as well as a warranty information page that shall include information on the warranty start and end date as well as contact information for service. 1.04 STANDARDS A. The applicable provisions of the following standards shall apply as if written here in their entirety: AGMA American Gear Manufacturer's Association ANSI B30.16 Safety Code for Overhead Hoists ANSI B30.2 American National Standards Institute—Cranes ASTM American Society of Testing and Materials AWS American Welding Society CMAA Spec. #70 Crane Manufacturer's Association of America NEC National Electrical Code NEMA National Electrical Manufacturers Association OSHA Section 1910.179 Overhead and Gantry Cranes 2.00 PRODUCTS 2.01 BRIDGE A. The crane bridge shall consist of a single girder carried by the end truck. The girder construction shall either be rolled structural shapes, full reinforced, or fabricated box type sections with full depth and short diaphragms provided to maintain girder stiffness. B. The girders shall be designed for moderate duty crane service (Class C) in accordance with CMAA Specification#70, revised 1983. The chemical and physical properties of the girders shall conform to ASTM A36 specifications. C. The girders shall be notched at each end and seat angles shall be welded to the girders to provide a connection to the end trucks at the top, side and bottom by means of fit bolts. Heavy gusset plates shall be attached to the bottom of the truck to ensure rigidity and squareness. ASCE standard rails of proper size shall be secured to the girder by rail clips. Addendum No. 1 Bridge Cranes Page 2 of 8 4122 13.13-2 O.N.Stevens WTP Maintenance Facility—E16427 2.02 END TRUCKS A. The end trucks shall be built up from structural shapes and plates welded to form a rigid section with openings at each end to receive the truck wheels. The trucks shall be precision bored or otherwise assembled to provide perfect alignment of wheel bearing assemblies. The wheels shall be centrally located in each truck to distribute equal loading to each truck side. B. Bumpers shall be installed at each end of the end trucks. These bumpers shall operate against the runway stops which shall be furnished with the crane. Rail sweeps shall be provided in front of bridge wheels. 2.03 WHEELS AND AXLES A. Bridge wheels shall be forged and flame hardened or rim-toughened steel and shall be machined in a flat or tapered tread design to an accuracy meeting CMAA requirements. B. Bridge drive may either be rotating or fixed axle type. Heat treated steel axles or pinions shall be supported on each side of the truck frame in anti-friction bearings. Truck reductions within reach of personnel are to be guarded. C. Gears shall be of the helical, spur, or herringbone type, made from rolled or cast steel, with machine cut teeth. Horsepower ratings shall be in accordance with AGMA Standards, as described in CMAA Specifications. D. Bearings shall be combined radial and thrust type, double-row, spherical ball bearings, either pre-lubricated and sealed, or fitted for pressure lubrication. Pressure lubrication fittings shall be located in accessible locations for ease of maintenance. E. Bridge brakes shall be electrically operated, adjustable, suitable for the service class indicated, and shall have rated torque capacities as specified in CMAA Specifications. 2.04 TROLLEY SPECIFICATIONS A. The trolley frame shall be a fabricated steel weldment composed of structural shapes and plates and sized to adequately support the hoist machinery. Wheel support points shall be reinforced and accurately machined to ensure correct wheel alignment. B. Trolley drive may either be rotating or fixed axle type. Heat treated steel axles or pinions shall be supported on each side of the truck frame in anti-friction bearings. Truck reductions within reach of personnel are to be guarded. C. Single girder trolley units shall have a stabilizing tiller assembly provided to prevent tipping during load pickup. D. Wheels shall be rolled or forged steel with treads and flanges heat-treated, or cast iron wheels with chilled tread. Wheels shall have a minimum tread hardness of 425 Brinell. Clearances,wheel loads, and the Manufacturer's tolerances shall be in accordance with CMAA Specifications. E. Wheel axles shall be made of alloy steel, accurately machined and ground to receive inner bearing races. When rotating axles are used,wheels shall be mounted on axles with a press fit and keys, or with keys alone. Addendum No. 1 Bridge Cranes Page 3 of 8 4122 13.13-3 O.N.Stevens WTP Maintenance Facility—E16427 F. Gears shall be of the helical, spur, or herringbone type, made from rolled or cast steel, with machine cut teeth. Horsepower ratings shall be in accordance with AGMA Standards, as described in CMAA Specifications. G. Bearings shall be combination radial and thrust type, double-row, angular contact ball bearings, or single-row tapered roller bearings, either pre-lubricated and sealed, or fitted for pressure lubrication. Pressure lubrication fittings shall be located in accessible locations for ease of maintenance. H. Provide a short grab rail around the perimeter of the trolley that is no higher than the highest point on the trolley. 2.05 HOIST A. Hoists shall be electric, wire rope type, as specified herein. B. The hoisting machinery shall consist of a rope drum, driven through suitable gear reductions by an electric motor operator, load blocks, hooks, hoisting rope, sheaves, and hoist braking. C. Hoist gearing shall be enclosed in an oil tight gear case. Bearings and gears shall be splash lubricated and bearings selected to provide a B-10 life to equal or exceed CMAA requirements. Gear case shall be provided with a bolt-on cover for full access to bearings and gearing. An inspection cover shall be provided to permit gear inspection without draining oil. The gear case shall be equipped with an oil level sight gauge. D. Hoist gearing shall be helical or spur type made from rolled or cast steel and shall have machine cut teeth. Pinions shall be made from alloy steel and shall be heat-treated. E. The hoist drum shall be fabricated from seamless steel, tubing grooved to take the full length of each cable in one layer. At least two wraps of rope shall remain on the drum when the bottom block is in the lowest position. Drum shall be grooved on the left and right side to provide true vertical lift. F. The diameter of the rope drums shall not be less than 24 times the diameter of the hoisting cable which shall be extra flexible improved plow steel having six strands of 37 wires per strand. G. The load block shall be furnished with ball or roller bearing sheaves and a roller type hook thrust bearing. Hook block sheaves and running sheaves shall be rolled or forged steel, furnished with anti-friction type bearings. Pitch diameter of the running sheaves to be minimum 24 times the rope diameter. H. Hooks shall have sufficient ductility to open noticeably before hook failure as a result of abuse or overload. The load hook shall be equipped with safety latch and shall be free to rotate 360 degrees with rated load, and shall be positively held in place with locknuts, collars, or other suitable devices. I. A heavy duty three pole fused safety type disconnect switch shall be provided on the bridge adjacent to the runway power pick up. The disconnect switch shall be in a NEMA 4X, 304 stainless steel enclosure. In addition, a mainline contactor shall be furnished which will cut all power circuits to the crane. The contactor is to be operable from the pendant. The mainline contactor shall also provide low voltage protection for the crane. Bridge Cranes Addendum No. 1 4122 13.13-4 O.N.Stevens WTP Maintenance Facility—E16427 Page 4 of 8 J. Bridge, trolley, and hoist motions shall be controlled from a pushbutton station festooned and suspended from a track running the full length of the bridge permitting operation from any point along the span independent of trolley location. Flat multi-conductor cables shall be suspended from ball bearing trolleys with swiveling hangers and support brackets to prevent sharp bends. K. Controls shall be mounted in NEMA 4X, steel enclosures. Control apparatus shall be logically arranged and wired in a neat, workmanlike manner, secured and properly tagged at each end. Fully marked terminal strips shall be provided at the bottom of each panel for connection of all external wiring. L. Crane motors shall be of a type specifically designed for crane and hoist duty. Bearings shall be of the pre-lubricated anti-friction type and sealed. Primary motor voltage shall be 460V, 3-phase, 60Hz. Motors shall be rated 30 minute duty. M. On cranes which must be disassembled for shipment, conduit runs shall be furnished and made up, wires cut to proper length and tagged. Junction boxes shall be provided at all places where electrical reconnections must be made in the field. N. A control circuit, upper limit switch shall be provided. 2.06 BRAKES A. The hoist shall have a dual braking system consisting of an electric heavy duty shoe or disc brake and a mechanical load brake, either capable of holding the load when power to the hoist motor is off. B. The bridge and trolley shall be provided with a shoe or disc brake with a 75 percent torque rating on the bridge and a 50 percent torque rating on the trolley. The brake shall be provided with a means for adjustment in the field. Brakes shall allow quick stopping so that the bridge and trolley do not coast. 2.07 ELECTRICAL EQUIPMENT A. The Crane Manufacturer shall furnish and assemble electrical equipment on the crane, including motors, motor starters, pendant control and conduit. Bridge conductors may be removed for shipment.Wire on the crane shall be furnished by the Crane Manufacturer, cut to length and installed, as far as practical, for shipment. B. The bridge crane shall be a maximum of 60 amps at 480 Volt, 3-phase, 60 Hertz. If a larger ampacity bridge crane is provided as an alternate, the Contractor shall be responsible for all modifications required to the electrical system, including disconnects, feeders to the equipment,feeders from the switchboard, circuit breaker at the switchboard, etc. at no cost to the Owner. Power for the bridge crane shall be 460 Volt, 3-phase, 60 Hertz supplied from a non-fused disconnect switch provided by the Contractor. C. The electrical equipment shall be furnished in accordance with the applicable requirements of Article 610 of the latest issue of the National Electrical Code, and the installation and wiring shall be made in accordance with Section 26 05 00 "Common Work Results for Electrical." Addendum No. 1 Bridge Cranes Page 5 of 8 4122 13.13-5 O.N.Stevens WTP Maintenance Facility—E16427 D. Motors shall be squirrel-cage type and shall be built in accordance with NEMA Standards, rated on not less than a 30 minute basis, with temperature rise in accordance with the latest NEMA Standards for the class of insulation and enclosure used, and shall be provided with anti-friction bearings. Squirrel-cage motors shall be NEMA Design D,with high starting torque, low starting current and high slip at full load. Overload relays shall be provided in all phases of polyphase alternating current motors. E. Bridge conductors shall be of the enclosed bus bar or festooned cable type as indicated herein, and trolley conductors shall be of festooned cable type, as hereinafter specified. The bridge and trolley conductor voltage drops from the runway supply taps shall permit the crane motors to operate within voltage tolerances of plus or minus 10 percent when building system is at± 5 percent of design voltage. F. Festooned flat cable conductors shall consist of flexible conductor cable, supported by a heavy-duty roller, permanently lubricated bearing, monorail system that will dispense and retrieve the flexible conductor cable during trolley travel without twisting or tangling. Provide 20 percent spare conductors in each cable assembly. G. Grounding on the equipment and provisions for grounding the equipment to external grounding systems shall be in accordance with the requirements of the NEC and state and local regulations. H. Electric cranes shall be equipped with a pendant control having momentary contact pushbuttons, and shall be provided with a device which will disconnect motors from the line on failure of power and will not permit any motor to be restarted until the controller handle is brought to the OFF position, or a reset switch or button is operated. Undervoltage protection shall be provided as a function of each motor controller, or by a magnetic main line contactor. I. Controls shall be fully magnetic of the plain reversing type, housed in NEMA 4X, steel enclosure. Each magnetic control shall have contactors of sufficient size and quantity for starting, accelerating, reversing and stopping duty for the specified crane service class. J. Provide control transformers to supply 120 volts AC to the pushbutton control stations. The pushbutton control stations shall be of heavy duty, oil-tight construction and suspended from the trolley or bridge. The control wire cable shall be attached to the enclosure support at not more than 6-foot intervals. The control station shall contain pushbuttons for control of the crane, hoist, and trolley and an ON/OFF switch to operate a main line contactor which shall remove all power from the control station. 2.08 CRANE INTERCONNECTION WIRING A. The crane shall be wired in accordance with Article 610 of the latest issue of the National Electric Code. Wiring shall be enclosed in galvanized steel conduit or steel raceway. Power and control wiring shall be heat resistant type. B. Bridge conductors shall be festooned type using top quality and properly sized flat multi- conductor cables specifically designed for this type service. Cables shall be supported from ball bearing trolleys by means of hangers and brackets which prevent sharp cable bends. Bridge Cranes Addendum N0. 1 4122 13.13-6 O.N.Stevens WTP Maintenance Facility—E16427 Page 6 of 8 2.09 ACCESSORIES A. Equipment Identification Plates: A 16-gauge stainless steel identification plate shall be securely mounted on the equipment in a readily visible location.The plate shall bear the 1/4-inch die-stamped equipment identification number indicated in the specification and/or shown on the drawings. The equipment identification number shall be mounted on each of the separate components of the equipment to facilitate assembly in the field. B. Grease Fittings: Manufacturer shall extend all grease fittings into one of three locations: each end truck(near access platform end) and on platform side of trolley(in one central location). It shall be possible to service all lubrication areas from these three locations. C. Lifting Lugs: Equipment weighing over 100 pounds shall be provided with lifting lugs. D. Chain Hoist: Provide one 2-ton chain hoist. Chain hoist shall have same hook-height as the bridge crane. Provide two brackets on the bridge girder. The chain hoist and brackets shall be designed so that the chain hoist can be installed on either bracket with a reusable pin connection. 3.00 EXECUTION 3.01 PREPARATION A. Structural materials shall be commercial blasted, and painted with one coat of zinc- chromate primer and a finish coat of high-visibility safety industrial enamel in the Manufacturer's standard colors. 3.02 INSTALLATION A. Carefully handle and install the bridge crane in strict accordance with the Manufacturer's recommendations and as indicated on the plans. B. The crane shall be provided with the necessary lubrication fittings and lubrication. Before initial startup at final installation, lubricate bearings, gears, etc., in accordance with the Manufacturer's recommendations. 3.03 FIELD QUALITY CONTROL A. Conduct field tests with the equipment in its installed position. Tests shall include a load test in compliance with OSHA requirements and demonstration to the Engineer that under this load condition, the equipment shall perform satisfactorily throughout the complete range of operation. The unit shall be checked for excessive noise, vibration, alignment, general operation, etc. The unit must perform in a manner acceptable to the Engineer before final acceptance will be made by the Owner. 3.04 SCHEDULES A. General: Number Required 1 Equipment Capacity(ton) 2 Electrical Voltage (VAC) 480V, 3-phase Bridge Cranes Addendum No. 1 4122 13.13-7 O.N.Stevens WTP Maintenance Facility—E16427 Page 7 of 8 Maximum Electrical load at 480V, 3-phase 60 amps B. Bridge Crane: Speed (FPM, maximum) 2-speed 15/45 fpm, or variable speed 15/45 rpm Main Runway Connector Type Bus Bar Method of Control Pendant Push Button Main Railway Conductor Type Duct-O-Bar, 90-amp C. Trolley: Type Motor Driven Service Class (MMA) H3 Speed (FPM, Max.) 2-speed 15/45 fpm, or variable speed 15/45 rpm D. Hoist: Service Class (HMI) H3 Speed (FPM) 2-speed 15/45 fpm, or variable speed 15/45 rpm * Variable speed motors are acceptable so long as the specified speeds are provided. Furnish micro-drive or other acceptable method to achieve the slowest speed for the hoist. END OF SECTION Addendum No. 1 Bridge Cranes Page 8 of 8 4122 13.13-8 O.N.Stevens WTP Maintenance Facility—E16427 003000 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal is submitted by Pepper Lawson Waterworks, LLQ —(type or print name of company)on:Wednesday,September 13,2017 for E16427—O.N.Stevens V1JTP Maintenance Building. 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.CivCast U SA.con). 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 1. Bid-O.N.Stevens WTP Maintenance Building, Project No.E16427 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—BIDDER S'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 NSignature knowledging Recel t .................... ...... 01 September 06,2017 Atul Raj ...................... ..................................... ———————-------- ...................................................................................................... Bid Acknowledgement Form 00 30 00-1 O.N.Stevens WTP Maintenance Building—E16427 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 tothe 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 tothe 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; BInformation commonly known to contractors doing business inthe locality oft e Site; C. information and observations obtained from visits tothe 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 OX Stevens WTP Maintenance Building®E16427 Rev 01 13 2M 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 tothe 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. BBidder 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 inthe documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 4516 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination oft e 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 O.N.Stevens WTP Maintenance Building—E16427 Revol-13.2016 ARTICLE 6—TI OF COMPLETION 6.01 Bidder will complete the or required to be substantially completed within 225 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 oft a General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 255 days after the date when the Contract Times commence to run. 6.02 Biddera rees 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 is 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 inthis 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 inthe 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 OX Stevens WTP Maintenance Building—E16427 Rev 01 13-MIS 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 For 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 ofthe 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 oft e Bidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11—BID SU BMITTAL 11.01 This Bid is submitted by: Bidder: L so Waterworks. (typed or printed full legal name of Bidder) By: (individual's signature) Name: Atui Rai (typed or printed) Title: 'Pr j ........................................... ......— (typed or printed) Attest: Mario Menendez (i Vidual's signature) State of Residency: Texas Federal Tax ld, No. 364217631 .......... ............. Address for giving notices. 1,425uh Ip ,ppyl lilt e 1200 The Woodlands, TX 77380 ................ waterworksbid§�&pT,perlawson.com .................. .. ......... Phone: (281) 907-8600 Email: araj@pepperlawson.com .......... (Attach evidence of authority to sign if the authorized individua I 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,orjoint venture.) Bid Acknowledgement Form 00 30 00 5 O.N.Stevens WTP Maintenance Building E16427 Rev DI-13,2016 END OF SECTION Bid Acknowledgement Form 003000-6 O.N.Stevens VVTP Maintenance Building—E16427 Rev 0143-2016 G 00 30 01 BID FORM Project Name: O.N.Stevens WTP Maintenance Building Project Number: E1647 Owner: City of Corpus Christ! Bidder: ' ,Et j„ _F LEiV66 1 Wat M&M OAR.: TBD Designer: Freese and Nichols, Inc. Basis of Bid I D f ON UNIT {lUA A rY UNITPRICE, OUNT Base Bid Part A-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS ............. A2 Bonds and Insurance LS 1 i ,:..,. � L2,DOG A3 Temporary Traffic Control for UtilityTlewln LS A4 Storm Water Pollution Protection Plan LS 1 AS Silt Fence for Storm water Pollution Prevenuon LF 785 '3 A6 Stabilized Construction Entrance SF 500 3.�5G 1'000 SUBTOTAL PART A a GENERAL(Items Al thru A6) Part B®SITE IMPROVEMENTS(per SEC71ON 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Site Clearing,Stripping,and Grading SY 7,200 B2 12"Compacted Subgrade SY 3,353 B3 Geogrid(TensarTX-5) SY 3,353 S`AC►" 7tf 0 ' ;,,,,,`. B4 12"Crushed Limestone Hex Base(Type A,Gradel-2) SY 3,353 7,1 B5 Prime Coat(0.15 Gal/SY) GAL 503 `;1 7, 71-i',,, i BB Two-Eourse Surface Treatment SY 3,353 B7 6"Concrete Pavement Parking Pad SY 230 i�(D;, ,. :`" X13' 000 B8 6"Crushed Limestone Flex Base(Type A,Grade 1.2) SY 230 B9 12""Compacted Subgrade(Under Parking Pad) SY 230 t B10 4""Painted Parking Stripes(Yellow) LF 800B11 Handicap Parking Symbol EA 2 .B12 Handicap Parking Sign EA 2..... ......... ......... .............. B13 Concrete Wheel Stops EA 11B14 V-Shaped Drainage Swalle LF5S2 �,1d B1S Select Ccampacted Fill Material(notunder foundatiou�) CY 1,785 10? coo-1 SUBTOTAL PART B-STREET IMPROVEMENTS(Items Bi thru B15) 3 04 Mf Part C WATER IMPROVEMENTS)per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E "Schedule 40 PVC Waterline LF 181 ' 2d 3'6 2"Water Service Connection w/City-supplied meter EA 12""Gate Valve - EA 1 ,1' D+O" ,.1l 206,12'`"x 6"Tapping Sleeve EA --T- C4 JFire Hydrant Assembly(Type 1) EA 1 Q C& avement Repair SY,C7ench Safety fear Waterlines LF 181 ' SUBTOTAL PART C-WATER IMPROVEMENTS(Items C1 thru C7) j, `676 Bid Form Page 1 of 0.N.Stevens VVTP Maintenance Building-E1.6427 Rev 01131.10s6 00 3001BID li!3 11111101,1111:13 EXTENDED;, ,item DESCRIPTION UNIT QUANTITY_ UNIT PRICE AMOUNT- Part MUNTPart D T WASTEWATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) ............ D1 G Dia.PVC Wastewater Gravity Line(0'«G"Depth)DR26 LF" 194 D2 6"A"PVC Wye EA 1 D9 6'"PVC 4S"Bend EA 1 „� D4 6"Tie-In Service Connection(Inc.Rends,Fittings,etc.) EA 1 ;(" �J zdOr .......... IDS6"Cine-Way Cleanout EA1OQ..`, 11 136 6'"Two••Way Cleanout EA D7 4'Dia.Fiberglass Manhole(<6"Depth) EA 1 138 Trench Safety for Wastewater Line LF 194 ;�,. ; I . D9 Trench Safety for Wastewater Manhole EA 1 7 jad"'. D10 Pavement Repair SY S D11 Remove&Replace Exist.6'Chain lank Fence w/BW LF 40 A SUBTOTAL PART D-WASTEWATER IMPROVEMENTS(Dl THRU D11) '' Part E-GAS LINE IMPROVEMENTS(per SECTCbN 0129 01 MEASUREMENT AND BASUS FOR PAYMENT) E1 2'°HDPE Gas Line LF 100 s E2 Gas Service Line to Meter Connection EA .,. :;,,,,.,. E3Trench Safety for Gas Line LF 100 ��r%% .,. E4 Pavement Repair SY 5 E5 Remove&Replace Exist.6 Chain Link Fence w BW LF 40 i6 SUBTOTAL PART E m GAS LINE IMPROVEMENTS(El THRU ES) ""` Part F a ELECTRICAL CONDUIT FOR FUTURE I.T.(per SECTMN 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 2"Dia.PVC(Sch,80)Elect.Conduct for V.T.w/mule tape LF' 1"800 F2 24"x36"x24"Pullbox for I.T.Conduit EA 41,_ .,, : .. F3 Pavement Repair _ SY 15 , SUBTOTAL PART F-ELECTRICAL CONDUIT FOR FUTURE I.T.(F1 THRU FZ) Sw!T5 Part G MAINTENANCE BUILDING(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 Concrete Foundation(including select fill) SF 8,400 2S. 1t� G2 Pre-Engineered Metal Building LS 1 ; SIL T G3 Bridge Crane(2Ton) EA 1t10OGrpGt" .._,. G4 HVAC/Data/Electrical Improvements(including service) LS 1 �! `3l Q:,, . 10,. SUBTOTAL PART G«MAINTENANCE BUILDING(GI THRU G4)------------ ' Part H•ALLOWANCES(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) H1 Miscellaneous Additional Repairs(with pre-approval) LS 1 $75,000.00]1$. ..........75,000.00; SUBTOTAL PART H-ALLOWANCES (Hl) $ 75 fl00.Opj Bid Farm Pace 2 of 3 OX Stevens WTP Maintenance Building-E16427 Neu wz,.11,.2016 00 310 01 BID FOR IIPA�Ir', DESCRIPTION UNIT: QUANTITY UNIT PRICE' AMOUNT BID SUMMARY 1111 111 Will 11 11 SUBTOTAL PART A-GENERAL(Items Al thru A7) SUBTOTAL PART B-SITE IMPROVEMENTS(Items Bl thru B15) j SUBTOTAL PART C-WATER IMPROVEMENTS(items Cl thru C7) x7 67t SUBTOTAL PART D-WASTEWATER IMPROVEMENTS(items Dl thru D11) SUBTOTAL PART E-OAS IMPROVEMENTS(Items El thru E.5) 9Il SUBTOTAL PART F ELECTRICAL CONDUIT FOR I.T.IMPROVEMENTS(Items Fl thru F3) SUBTOTAL PART MAINTENANCE BUILDING IMPROVEMENTS(items 431 three OAS SUBTOTAL PART H ALLOWANCES(Item H1) 75,OD0„) TOTAL PROJECT BASE BID(FARTS A THRU H) Contract Tires Bidder agrees tc�reach Sustarutlal C�rrrpleti�n Ire 225 days Bidder agrees tui reach Final C�ruTrpleti�ru Iru 255 days Bid Forma Page:3 at 3 U.N.Stevens WTP Maintenance Budding E15427 fla ax 13 20as 003002 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: e4a 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 thea oun y 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 inthis state, including a contra ctorwhose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. 0 Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of [X Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: P wso, Waterwork LLC (signature..........attach evidence of authority to sign) 0-9i- W50-1—� (typed or printed) By: Name: Atul R {typed or printed) Title: President ---------- Business address: 1725 H s Lan Boulevard, Suite 1200 --Tah19 . ..................... The Woodland� T T7 §Q .............. Phone: (281) 907- 600 Email: waterworkSbids_@pgqperlawson,c m araj@pepperlawson.com END OF SECTION Compliance to State Law on Nonresident Bidders 003002 , 1 O.N.Stevens WTP Maintenance Building-E16427 11-25-2013 00 30 06 C4 of Corpus Christ! Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BYrrrT— PURCHASING DIVISION City of CITY OF CORPUS CMUSTI Chnsti us DISCLOSURE OF INTEREST Ci%of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seekingto do business wi the City to provide the following information. Eveuestion must be answered. Ithe question is not applicable, Every le, answer with "NA". See reverse side %r Filing Requirements, Certifications and definitions. COMPANY NAME: Pepper Lawson Waterworks, LLC P.0.BOX: NIA STREET ADDRESS: 1725 1200 Hughes an Ing eiva. CITY: The Woodlands ZIP: 7738a Suite FIM IS: 1. Corporation 2. Pamership 3. Sole Owner El 4. Association S. Other G DISCLOSURE QUESTIONS If additional space is necessag,please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the Ci of Corpus Christi having an "ownership interest" constituting 3%or each of the ownership in the Sove named"finn." Name Job Title and City Department(if known) NQI APPLICABLE :I=e LICABLE 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title NQI APPLICABLE NQI APPLICABLE 3. State the names of each"board member"of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N01 APPLICABLE NU I AHHLIUAbLE 4. State the names of each employee or officer of a ""consult t" for the City of Corpus Christi who worked on any matter related to the sub ect of this contract and has an "ownership interest" constituting 3%or more of the ownership in t above named"firm." Name Consultant NOI.A212LICABLE . NO 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 flied 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: Atul Ra, Title: President (TypoM6 n i) 11 Signature of Certif�ftg Date: September 13, 2017 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or pan- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official," The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f "Ownership Interest." Legal or equitable interest, whether actually or constructively 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. C!tV of Corpus Christi 003005-2 Disclosure of interest Rev 01-13-2016 003006 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: O.N.Stevens WTP Maintenance iidin E16427 Bidder certifies that the it has not been a party to any collusion among Bidders inthe restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official ore loyee 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: P er jLaon W e ork§i,LLC .......................... .... (typed or printed) By: ............ ........... ..... (signature attach evidence of authority to sign) Name: Atu a (typed or printed) Title: President Business address: 1725 Hii i lhes Landin I Boulevard Suite 1200 The Woodland Phone: (281) 907-8600 Email: waterworksbids(@DeDoerlawson.com araj@pepperlawson.com END OF SECTION Non Collusion Certification 00 30 06 1 0A Stevens VVTP Maintenance Building--616421 11-25.2013 PepperLawson WATERWORKS April 13,2016 To Whom It May Concern: Please be advised that by means of this letter, we, the Board of Managers of Pepper-Lawson Waterworks,LLC,delegate specific authority to Mr.Atul Raj on the following terms and conditions: 1. In accordance and subject to all applicable policies and procedures, Mr. Atul Raj may sign bids and related proposal documents on behalf of Pepper Lawson Waterworks,LLC. 2. The effective date of this delegation is April 13, 2016, and continues until revoked in writing. 3. The authority delegated herein is not subject to sub-delegation without my prior, written consent. Pepper-Lawson Waterworks, LLC Board of Managers: BY:__ Tim C es n Chairman ............... By:..... lose Esteban ............ Mari Acknowledg nd agreed: By:7z:- CU aj,President 3701 Kirby Drive, Suite 1133 Houston, TX 77098 Ph. (71 3) 521 -0174f,,'.",;. Fax. (71 3) 521 -0366 www.plwaterworl(s.com SECRETARY'S CERT LATE PEPPER.LAWSON WATERWORKS,LLC June 27,2417 This Secretary's Certificate of Pepper Lawson Waterworks, LLC, a Texas Iimited liability company(the"Company') is provided to whom it may concern. The undersigned,being the duly appointed Secretary of the Company,hereby certifies as follows: The following persons are the elected managers of the Company: 1. Pablo Riesco 2. Julio Llorente 3. Tim Creson 4. Jose Carlos Esteban The following persons are the elected officers of the Company: 1. Atul Raj (President) 2. Emilio Lopez Pacetti (Executive Vice President) 3. Matt Little(Chief Financial Officer) 4. Mario Menendez(Secretary) IN WITNESS WHEREOF,the undersigned has executed this certificate as of the date first set forth above. 4 a CZ Corpora e Se" ins General Counsel Notices may be sent to; Pepper Lawson Waterworks, LLC 1725 Hughes Landing Blvd., Ste 1200 The Woodlands, Texas 77380 Attn: Mario Menendez State of Incorporation: TEXAS a fJ CERTIFIED COPY OF A NON-RECORDABLE DOCUMENT State of TEXAS County of MONTGOMERY On this 13th day of September 20 17 1 1 certify that the preceding or attached document is a true, exact, complete, and unaltered copy made by me of the Corporate Written Consent of Officer and Signature Authority presented to me by the document's custodian Atul Rai, and that, to the best of my knowledge, the photocopied document is neither a public record nor a publicly recordable document, certified copies of which are available from an official source other than an notary. ANNA E HEULE Notary I D 4 131 D29938 My Commission Exptres March 3,2021 Anna E. Heule KEE] Notary Public's Signature (Personalized Seal) "Issued in Duplicate" AIA Document A31 OTM - 2010 BidBond CONTRACTOR: SURETY: (�.Vatn e, legal status and address) 0ame, legal status and prinictirm1 place Pepper Lawson Waterworks,LLC ofbusinvss°) 1725 Hughes Landing Boulevard Liberty Mutual Insurance Company Suite 1200 175 Berkeley Street This document has Important legal The Woodlands,Texas 77380 Boston,Massw.,,husetts 02116 consequences Consultation with OWNER. an attorney as encouraged with (,Varne, legal status and address) respect to its completion or City of Corpus Christi modification 1201 Leopard Street Any singular reference to Corpus Christj,,Texas 78401 Contractor,Siurety,Owner or BOND AMOUNT: Five Percent of Accompanying Bid(5%of Accompanying Bidl other party shalt be considered plural where applicable PROJECT: (Al arae, location or achlress, and Pr(yecl number, if anti" 0 N.Stevens VVTP Maintenance Building Project No,E16427 The Contractor and Surety are bound to file Owner in lite amount set forth above,for lite pa3 mcnil of m hich the Contractor ind Suretv bind themselves,their heirs.executors.administrators.Successors and assigns,jointlY and scvcrally,as providcd herein.The conditions of this Bond are such that if lite 0%%neracceplis[lie bid of the Contractor %%ithin the time specified in lite bid documents,or m ithin such little period as ilia% be agreed to by lite 0�1 ner and Contractor.and lite Contractor either(1)enters into a contract i%ith the Owner in accordance ii ith file terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,%vil lin surety`admitted in the jurisdiction of lite Project and otlicnvisc acceptable to the Owner,for the faithful perforinance or such Contract and for die prompt pa%ment or labor and material furnished in the prosecution thereof,or(2)pays to the 0%%ner the difference,, not to exceed the amount of this Bond,bew cen the amount specified in said bid and such largeramount for"hich the Owner ma) in good faith contract%%ithanother party to perforin the%%ork covered by said bid, then this obligation shall be null and void,othen0se to remain in full force nand effect. The Suretyhereby%%ai%-cs all%, notice of an agreement bct%Nccn the 0%%ncr and Contractor to extend the time in which the Owner may accept the bide Waiver of notice by the Surely shall not apply to any`extension exceeding sixty (60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and lite Owner nand Contractor shall obtain the Surety's consent for an extension bc3 and sixty (60)days, If this and is issued in connection%%ith a subcontractor's bid lea Contractor.the tensa Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply %%ith a slatuton,or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be c1ceined deleted her from and provisions conforn-mig to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is thal this Bond shall be construed as a statutory bond and not as a common law bond. Sig,, cd and scaled Chis 13th day of September. 2017 a 'u' lember, I I a ,I per Law Waterwork L Pep LC (P -I c (Principal (Seal'o ...l il na E,Haute,Esti �niia it tleuW, a ing Coor inator (Title) u' aj int L Li t ibert Mutual Insurance C n ThniyGarcia _A_Dt .......... Adrienne C,Stevenson,, Attorney-In,Fact —7............................................. ..................................................... ..................... ACKNOWLEDGEMENT FOR PRINCIPAL ACKNOWLEDGEMENT FOR PRINCIPAL IF LIMITED LIABILITY COMPANY STATE OF Texas I COUNTY OF Montgome!y} ON THE- 13th DAY OF September 2017 BEFORE ME PERSONALLY APPEARED Atuf Rai TO ME KNOWN AND KNOWN TO ME TO BE THE President OF PEPPER-LAWSON WATERWORKS, LLC, A LIMITED LIABILITY COMPANY DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY. ANNA E HEULE Notary 10#131029938 My Commission Expires March 3,2021 Anna E. Heule Notary Public STATE OFILIANOIS COUNTY OF COOK 1,_ C.R. I-I.ernanL�cz and rcir said County, do hereby __,a Wary Public in �, ccrfi�y that _AdrLgLic C. as A'Atorrrey-fin-Fact %flio, is perscirnffl) kmo)xn to amore to, be the same pemon Wne name is sabscHbod to, this fr)ii--egioing, instrufnclU, appeared before me Ohs day in person. and ackno"Iedged that >thie-,y signed. sealled., and delivered said instrunient ft)r and on behalf of d. LIBER'ry MUTUAT INSURANCE CONIPANY A the uses and jmwpo5cd theNin set RNA CHven tmdgr my frand and madal swalat ii-io office in Me City of Chjc"N�y() in said Couni), diis day ot" r e r AA1 2017 _1 ......ati b of 0�e 0 R7-—---------- C R HERIPANDEZ olfictaN sena a q P U N c - S w a 0a�M�,Mn(W),,.'s My COT11-MiSMIDn Expkes Pun 8,2020 ................ " ,,,IIN ULI F IMIrEY IIS 1140T VII,,.plll"f I�tt,,,,E ..NT.I I �"fp��'�ED E II'� (IIS N'I�u........ .... ..... i ........................................ ff nri�s IPowelr oll'Aftaauneyl Nonlife Ore acts of those named hhey ierelln,and ThaVO neo U11111ority to bind the lCormpaany except to the intairriner and to die exterut t'uerefru stated. Cei tlifiicafe Nru.71913 t 2 lLtberty Mutuall firrisu'Irance Collripany The'l0hio Caslm'alty lasurance Coirnplany West Aum lrpcaln insurance(,::ormlpany r POWER I I'sftt�trWN At.,PERSONS BY .° PRCStwlhllfS;'k'lhat"fflhe otiia Casualty pnsuranno C rr � y organized the laws of the State off New ftaainro•shire„that 1 xpuauu s a rain,aoreU6 � ull nor aaroo�reaf uundar � ILibeiny Mulluall kl!ruranre Compaany IIs a corlpi dully ougantzed umdelr the tawhrs of the State of IU:ass:achmssatts• and West American Insurance Cdrmpsmny us a corporation duty ogani'zed under the lawns of the Stage of tind,aula Qhemeim cotled;tirwelly calllled Ole"Carnlpanies-),Ipumual Nes end Ihy auth oirhy Uneretn sell for'ttt,dares hereby narrue,cionstiitute and appoliunt, oiellamroa .� ff drwa�lrU ��rii6 �ah �rm �Garcia rd �C z: u Jloff ; d�rff the ciky of f°tII AGO, Male of 11111. eadit individually it bere be Irmore than one narnned,'its truce and tawwfilull aftonuey-fit-fcae t to Imalk;e,exc�aut�>,snag ackn rwlotedge y as s._ _and ._ y undertakings bonds,rraorognlio,aaces and other surety obGgattotrs„in pruxlranal;encra of,these to esents and be e�aallt aurony diwror,f�arnuf tulu�its Ib�Nnallt as surety�au'�as iP,a act and dui am end?afll t. as binding ritcon the Companies as lit they'Ihave been duty signed Ih'y the p(essident and attested by,the sect etally of Ilhe Contpart➢ens iin tll iir omun proper personas IUg'la'ii WHEREOF,this Il dell Attorney has been subscribed by an ai,iithodz officer cir o iciiat of the Companies and the corporate a ez0s of the Crtall have been afi�xe'd thereto thistwttlhu chat raty;P.g §dl...............�. ��n '�'U� ,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 11” ,� ,R1,Ir!huV'he asuaf, insurance Company era P Liberty Mutual bsalrance Co npany tnn7 n'll Pa7�Wt _ 'NeaN)rvelrfcan insurance Company as , 119 mt d >ti r r By,. " 4 IlfaWtd Il Cor'ey',a�hstant I`ecir'elalnll'' �AIf Ct°'II I�IIWIa M 'WA.IhfftA s;t *� t;arCtJltµ`b""OF INafa"thtlftg0fi wa r Cli n Ilhiis,tatllh day of„�,Au,iia at.._,,.._,, tSt?,belone me persoanatty appeared David A Carey,wauhra ackneuwwtedged himself to be the Mmstarnt'aocuotary of t.illbeuty Uvtuutuaf tunsutaalad e of ru Cosnupalayr The Ohio Casualty Company and WBfest Arunenraaun irisurailce,Corrlparny autd that he as,such, beunng arotho zed so to do,exe•ruute the foregoing Instrument for be l7ulrposes , therein contalined by signing on behaNf of the corporations llllas a daily aaulh prized officer t y y day06 UVg'W'W'Il"ft�tlg"�"a'WW�i'E°II'tf�OI�°„I Valeao Uroerel.uuul',rr suullrosa:irnhedil�u��ri�I���n�l�d affffiisled urr ru�urruurlln��aoll� Vw�ar.11�uoil �t'�*�u�mr�Pennsylvania,¢nn tlhueand year fkrst nh�re eirrittelm, eu 2 -5 aY ria q muaaPtrrolrw6llanl�lnannCanmrre^Yrtaanll tP^ Tt;ro,�;a oil 4 nt y a F"ameAla N omiry d"ubIlir ICU x roy d",aMMissuran EApl a M nai ka 7n 2021 go INZ'0 all Pn�rae{"yyff Attiad'ne i�Yllade and eail�aet aUYrelAP9�U'It t�and M�tarrkWa¢tu.ll'u.u�rnvy9vmiiiroa%�m�usu�.eauRrasua�aPLSa�4„�rlraa� Ay' M r Thu'i y by authority of the foilllowwing Ihyfavrs and AiAhdoriizotions of"The Ohio Caauuallty hnsurarud;o Corriparny, Liberty,I10utuuat of tirn:m mraco Company,and West American Ilns¢urlandce Company which resollullions dire now in ffruft force and effect reading as follows: �? rrr ARTICLE IV.-OIFI101wIR -Sedogn 12.Powwer Of AliCinn=.y.Any officer or Wier official)of the Corporation avithoirnzed for MW p+,arpose in swclring by the C hiarman or the Presidtvrut,and snulaject 05 a irn Ibalhuahf of be Corrpaoralkon to make,execua seat, � too such hirnttation les the Chairman god°the Presiidelnll�lauay'palnesorilhe,shalt appoint srur�ai attorlrte+ys-in,, a Ilrxaaly(hew ilalecanssaaar ter,� ,. V 0 acknowledge and deliver�a�s�s�rute�ty any arid allll urideadaall Ings,boirlds„re nizanceu and ottie�r surety�ohiig�aNuons. Such rattornley�s•�rua-fact,s�u,uh,yaact in Ilhe kornnta'bono set,forth In their resp�ea Nuwre Epowers of attdxney„s'naPll M,ave�fat'lt p7o'd Rid to biro the Corporation bey their signature and ex�ecutir,:oni of any�suu h llrustrllu nts and to,aftach thereto theseal of the Corpdxahon When so "limos exp aafed,such instruments shati be as binding as if signed by the Presidenf and aftested'la by the: retary.Andy power ar aruthornty girargiled to any representative or alt rnruueyin.,foci urnder y as y V' granting p elrorauthority. rear obd�oers ¢�nhurn,�,uurcUa.,aannr r ly ARTWIL XMI of Execution dell Ca�nl�tcf SCC�p'k4^N 5, i�r�e Bondsdand Undeftakimgfne ley ofceir of(the Company authorized for that;purpose in rawdt6urog by Nhat chroa�i msaun or,the president ' and sullnt �ect to sl timiiti,slliw ns as the ctnainman or inn IWtesirterrt Ilnav prescribe,stuall la n hint such aftornners in-fact,aas ala the necessary to act Viii beflah of the Company fo make,execute, gall,aaktuounrk �'o aohf deliver as uiture �u Ilii nds,rear,nizaunces and other surety obligations. mff,ol mooch ame�ys-into the IInmitabons stet,forth In Vieth lu u aauu r and all undertakings�� y xU , ;, y : r respective powers of lattolrney,shatll lh wee full prm osir,to bind hale Companyh theirs sigtil and execuufnon of any suchurushntnnerns arnd tat alfacin bereto tuned seat of tllie Camparmy ghpn o g y p „stedbytlhes clary * raNed�aulufa unsl'orutmrents rhallll teas as bindinga�if signed b' tfset uuw;,,llfemt and aaVtu; 0(0 —— Ce f'facate of Desilguaatunnu t hit(President of the Company,acting pulrsuaant to the Bylaws of the Cornparty,aauhonzes David frill,Cairey Anssistarxt Sa^cretary In aptpoiint such attromeys-irt,- t fait as(may be necessary to act on behalf of the Company to make,execute,seal),aalarnowwlledge and deforerr as surety tnny and atll urndertak'fngs,Ihaands,Irecogirnzances,and other,surety obfigatiiotns. Aukhort ttaru-By onlanNranous consent of the Cornfuarty"s(board of Ugir'u ors,tate Compauny conseirlics that fac,%irlile or nnechanlicalty(reproduced signature of any assistant secretary of g1e Cairlpany,wlrNnerevelr allipeua6nlg stead)a certill copy poll only Power of adorney issued by be Comnlparly in connection with surety hands,shatll be valid and biladilrug ujimn be Compaey'nviitf't the same forme and effect as ftugh manually affixed, N„ Renee C. IJ nWilyn, the urrWersigned, Amistant Secretary, The Ohio Casuakyl Insurance Connpany, Liberty fAuivat 'Insurance Company, and Mst Almehcan insurance Corrulpany do hereby certify ftsat title onginall(power of aftonney o4which the foregoing Vs as fault, We arid convin copy of the Power at Attorni euecuted by sad Companies,is in half eifecr and has most*en revoke . IN"rIFS1Pff,ONY 1HIf rREOF,II have hereunto set my hand and afixod the seals,of said Companies this,J—_day da�f,�� � _ � ��n 2ffi,�••� t•rn`rm lea xr� urrrr myuriwinr as ;airam�cr�dyrt ,�`��`�;�rv�rva�rti rr�, 01 ntdn 'V' 12 tt.Pt gtP;, Urn;nee C',t %xssrsP,ant Secretary A 26 of 250 MMS 12873 01272017 ..,,„,. .._..........,,„,. .. .,._,,.. .. . . „,,. . ....... �..... ,. ... ..... ... ,...,, .. r .. ...,.,.. .. 00 52 23 AGREEMENT This Agreement, for the Project awarded on November 7,2017, is between the City of Corpus Christi (Owner) and PLW Waterworks, LLC (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: O.N.Stevens Vi/TP Maintenance Building E16427 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols. Inc. 800 N.Shoreline Blvd.,Suite 160ON Corpus Christi,TX 78401 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 225 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 255 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 Agreement 005223- 1 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if 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$750 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$500 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. 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 $ 1,662,390.00 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. Agreement 005223-2 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.13, 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. Agreement 005223-3 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.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. Agreement 005223-4 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. 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 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 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Digitally signed by Rebecca Huerta DigiWOy sgned by Jeff Edmonds I _ DN:cn Rebecca Huerta,o,ou, DN cn=Jeff Edmonds o—Engineering, emaA rebeccah cctexas com,c=US ema i=teffreye@cctex s com c=uS Date.2017.11.2708.17.52 0600' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2017-178 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 11/07/17 2017.11.21 13:57:31RH/M L Digitally signed by RH/ML -0600 Date:2017.11.27 08:51:25-06'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR PLW Waterworks, LLC Digitally sned (Seal Below) By. aj Atu I Raj Date:2017.11.122 2:21Aul 3 1-06'00' Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 1725 Hughes Landing Boulevard, Suite 1200 Financial Officer Address The Woodlands, Texas 77380 City State Zip waterworksbids@ 281/907-8600 pepperlawson.com Phone EMail aral@pepperlawson.com EMail END OF SECTION Agreement 005223-6 O.N.Stevens WTP Maintenance Building—E16427 Rev 06-22-2016 ACC:WE+ CERTIFICATE OF LIABILITY INSURANCE YYYY) 11/09/2017 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 1-248-828-3377 VTC Insurance Group 1175 West Long Lake Road Suite 200 Troy, MI 48098 CONTACT Jennie Lavine NAME: PHONE 248-828-3377 FAX 248-828-3791 (A/C, No, Ext): (A/C, No): E-MAIL lavine@vtcins . com ADDRESS: 7 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: AMERISURE PARTNERS INS CO 11050 INSURED PLW Waterworks, LLC 1725 Hughes Landing Blvd. Suite 1200 The Woodlands, TX 77380 INSURERS: AMERISURE MUT INS CO 23396 INSURERC: AMERISURE INS CO 19488 INSURERD: TRAVELERS LLOYDS INS CO 41262 INSURERE: ENDURANCE AMER INS CO 10641 INSURERF: X COVERAGES CERTIFICATE NUMBER: 51344339 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X CPP210090701 10/03/17 04/01/18 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1 , 000,000 GE 'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS X X CA210090601 10/03/17 04/01/18 COMBINEDSINGLELIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE CU210090501 10/03/17 04/01/18 EACHOCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENT ON $ 0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A X WC210090401 10/03/17 04/01/18 X STATUTE OERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D E Contractors Equipment Excess Liability QT -660-6F301481 EXC30000092401 10/03/17 10/03/17 04/01/18 04/01/18 Leased/Rented 1,500,000 Excess Liability 15,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The following provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in the policies and/or endorsements supersede the representations made herein. Project Information: O.N. Stevens WTP Maintenance Building Project No. E16427 CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /%/_ �GL�LV• ACORD 25 (2014/01) randa 51344339 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS General Liability: Blanket additional insured Completed Operations per form # CG 70 85 10 15 Blanket waiver of subrogation per form #CG 70 63 07 12 Blanket primary/non-contributory per form #CG 70 85 10 15 Automobile: Blanket additional insured per form #CA 71 18 11 09 Blanket waiver of subrogation per form #CA 71 18 11 09 Blanket primary/non-contributory per form #CA 71 65 10 07 Worker's Compensation: Blanket waiver of subrogation per form #WC 42 03 04 B Umbrella Liability: Additional Insured under any policyof the underlying will automatically be an insured on the Umbrella - CU 00 01 04 13 Blanket waiver of subrogation per form #CU 24 03 09 00 Blanket primary/non-contributory per form #CU 74 69 08 10 GL, Auto, Umbrella Notice of Cancellation, NonRenewal or Material Change Third Party - IL 70 66 07 14 Work Comp Notice of Cancellation or NonRenewal-Third Party - WC 99 06 45 07 14 OFREMARK COPYRIGHT 2000, AMS SERVICES INC- ACORO® C� EVIDENCE OF PROPERTY INSURANCE DATE (MM/DD/YYYY) 11/10/2017 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY PHONE (248) 828-3377 (A/C No Ext): COMPANY Zurich American Ins. Co. 1299 Zurich Way Chicago IL 60196-1056 VTC Insurance Group Troy Office 1175 W. Long Lake Ste. 200 Troy MI 48098-4960 FAX No): (248) 828-3741 E-MAIL achandler@vtcins.com CODE: SUB CODE: AGENCY 00128969 CUSTOMER ID #: INSURED PLW Waterworks, LLC 1725 Hughes Landing Blvd Suite 1200 The Woodlands TX 77380 LOAN NUMBER POLICY NUMBER MBR019660201 EFFECTIVE DATE 11/21/2017 EXPIRATION DATE 8/24/2018 CONTINUED UNTIL IF CHECKED TERMINATED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION O.N. Stevens WTP Maintenance Building Corner of Brooklane & Hearn Corpus Chrisi, TX Project Number: E16427 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION REMARKS (Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Chrisit, TX 78401 MORTGAGEE LOSS PAYEE X ADDITIONAL INSURED LOAN # AUTHORIZED REPRESENTATIVE Alan Chandler/V44 ACORD 27 (2009/12) INS027 (200912).02 © 1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk - deductibles Special Form - see the attached for limits and REMARKS (Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Chrisit, TX 78401 MORTGAGEE LOSS PAYEE X ADDITIONAL INSURED LOAN # AUTHORIZED REPRESENTATIVE Alan Chandler/V44 ACORD 27 (2009/12) INS027 (200912).02 © 1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS Builders Risk $1,836,300 Policy Limit $1,836,300 Windstorm Limit $1,836,300 Flood Limit $1,836,300 Earthquake Limit $1,836,300 Water Damage Limit $100,00 Fungus Limit $91,815 Delay In Completion Limit $10,000 All Other Perils Deductible 5%/$250,000 Windstorm Deductible $100,000 Flood Deductible $25,000 Earthquake Deductible $10,000 Fungus Deductible $50,000 Water Damage Deductible 15 Days - Delay In Completion Deductible OFREMARK COPYRIGHT 2000, AMS SERVICES INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number CPP210090701 Policy Expiration Date 4/1/2018 Named Insured PLW Waterworks, LLC Agency Number Date 10/4/2017 Policy Effective Date 10/3/2017 Account Number Agency VTC Insurance Group Issuing Company Amerisure Partners Ins. Co. 1. a. SECTION II - WHO IS AN INSURED is amended to add as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. b. The written contract or written agreement must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" leading to a claim under this policy. c. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; (b) Rent; (c) Lease; or (d) Occupy; (2) Ongoing operations performed by you or on your behalf Ongoing operations does not apply to "bodily injury" or "property damage" occurring after: (a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (other than service, maintenance or repairs); or (b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project Includes copyrighted material of Insurance Services Office, Inc CG 70 85 10 15 Pages 1 of 3 (3) Completed operations coverage, but only if: (a) The written contract or written agreement requires completed operations coverage or "your work" coverage; and (b) This coverage part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement: (1) Requires "arising out of' language; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 10 01; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of". c. If the written contract or written agreement requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07 04 or CG 20370413; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so required in the written contract or written agreement e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations The insurance provided to the additional insured does not apply to "bodily injury', "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; g. Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 85 10 15 (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications; and (2) Supervisory, inspection, or engineering services. h. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; c. Contingent; or d. On any other basis; but if the written contract or written agreement requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. I. If the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 85 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 10 11 85 shown below and paragraph 2.h. Other Insurance shown above. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket where required by written contract or written agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 j. The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 10 15 Pages 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PORM Under SECTION I • COVERAGE A. 'BODILY INJURY AND PROPERTY DAMAGE LIABILITY paragraph 2. EXCLUSIONS, provisions 1. through G. of this endorsement amond the policy as follow.' 1. LIQUOR LIABILITY Exclusion c. Liquor Liability is deleted. 2. NONOWNED WATERCRAFT Exclusion g. Aircraft, Auto or Watercraft, subparagraph (2) is deleted and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long. and (b) Not being used to carry persons or property for a charge. 3. PREMISES ALIENATED A. Exclusion j. Damage to Property, subparagraph (2) is deleted. B. The following paragraph i9 de!eted from Exclusion j. Damage to Property; Paragraph (2) of this exclusion does not apply if the premises are "our work" and were never occupied, rented or held for rental by you. 4, PROPERTY DAMAGE LIABILITY » ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators. B. Exclusion k. Damage to Your Product does not apply to: 1. The use of elevators; or 2. Liability assumed under a sidetrack agitrernent. 5. PROPERTY DAMAGE LIABILITY - BORROWED EQUIPMENT A. Exclusion j. Damage to Property. }paragraph (d) does not apply to "property damage" to borrowed equipment while at a jobsile and not being used to perform operations. B. With respect to any one borrowed equipment Item, provision S.A. above does not apply to "property damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate. 6. PRODUCT RECALL EXPENSE A. Exclusion n. Recall of Products, Work or impaired Property does not aufy to'nroduct recall expenses" that you trout for 1h, r,.r.irlt" of "yo,rr r+reyduCi'_ This usCeption to th:: exclusion doi: , not apply to 'product recall expehser• rrsuiirrsg from: 1. Failure of any products to accomplish their intended purpose.; 2. Breach of warranties of itriess, quality durability or perforittance, 3. Loss of customer approval or tiny cost incurred ro regain customer approval: 4. Redistribution or replacement of you product", which has been recalled, by like products or subsitutes; 5. Caprice or whim of the insured: Includes copyrightod material of Insurance Services Office, Inc CG 70 63 07 12 Page 1 of 9 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance: 7. Asbestos. including loss, damage or dean up resulting from asbestos or asbestos containing materials; s. Recall of 'your product(s)" that have no known or suspected defect solely because a known or suspected defect in another of your product(s)" has been found. 13. Under SECTION 111- LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8. is added: 3. The Products -Completed Operations Aggregate Limit is the most we will pay for the sum of: a. Damages under COVERAGE A BODILY IN.IURY AND PROPERTY DAMAGE LIABILITY because of "bodily injury- and "property damage incuded in the "products -completed operations hazard" and b. "Product recoil expenses'. 8. Subject to paragraph 5. above, $25,000 is the most we will pay for all "product recall expenses" arising out of the same defect or deficiency. The insurance afforded by reason of provisions 1. through 6. of this endorsement is excess over any valid and collectible insurance (including any deductible) available to the insured whether primary; excess or contingent, and SECTION IV., paragraph 4. Other Insurance is changed accordingly. 7, BLANKET CONTRACTUAL LIABILITY .- RAILROADS When a written contract or written agreement requires Contractual Liability - Railroads, the definition of "insured contract" in Section V - Definitions is replacod by the following with respect to operations performed for, or affecting, a railroad: 3. "Insured Contract" means: a. A contract for a lease of premises, However, that porion 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 perrrl scion of the owner is not an insured contract"; b. A sidetrack agreement: c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement: f. That part of any other contract or agreement pertaining to your business (including en indemnification of a municipality in connection with work performed for a municipality) under which you assume the tori liability of another party to pay for "txxlily injury" or "property damage" to a third poison or organization. Tort t'a.bilily mefrirrs a liability that would be imposed by law in the absence of any contract or agreement Paragraph f. does not include that part of any contract or agreement: (1) I bat indemnifies an architect, engineer or surveyor for injury or darnage arising out of: (a) Prepering, approving; or (ailing to prepare or approve, maps, shop drawings, opinions. reports, surveys, field orders, change crders or crawings and specifications; or (b) Giving directions or instructions, or failing to give them; (2) Under which the insured. if an architect, engineer or surveyor, assumes liability for an injury nr rti rrlage arising out of the insured's rendering or failure to render professional servicos, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. 8. CONTRACTUAL LIABILITY - PERSONAL AND ADVERTISING INJURY In ,i: rias copyrighi2d material of Incuranoe Service Oft cu, Inc Page2of9 CG70630712 Under SECTION 1 - COVERAGE B„ paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 9. SUPPLEMENTARY PAYMENTS l hider( SECTION l - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, paragraph 1.b. is deleted and replaced with the following: 1. b. Up to $2,500 for cr,>;t of bail'_:_inds fegolred because of ac/dents or traffic law violations ;.arcing out of the use of hazy vehicle to which then Bodily Injury, Liability coverage applies, we do nol raav© to furnish these bonds 10. BROADENED WHO 1S AN INSURED SECTION II - WHO 15 AN INSURED is deleted and replaced 14ith me following; 1. If you are designated in fixe Declaration 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 limned 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" end directors are insureds, but only with respect lo their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Paragraphs (1)(a), (1)(b) and (1)(c) above do not apply to your "employees' who are. (1) Menagers: (11) Supervisors; (iii) Directors; or (iv) Officers, with respect to "bodily injury" :o a co -"employee" 2. Each of the following is alsn an insurer a. Your "volunteer workers" only while performing iiirti•s relatod to the conduct of your business, Or your "employees." other than either your "executtvr: officers,' (if you are an orgai' iailofi 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 perforrntng duties reiated to the conduct of your bus-ness Hswever none cf these "employees" or 'volunteer workers' are insurod for: (1) "Bodily injury" or "personal and advertising injury": (a) 7o yrrrr, to you" pa- ori or members pr you are i.r partnership 01 1(,rrrl vorrtUs'e), to yotJi men-bers (If you aro a lirniled li,rhlrty company). to e co -"employee'' while in the course of his or her emplayrnent ar performing duties related to the conduct of your business. or to your other -volunteer worl••er,' wtir'e performing duties related to the conduct of your business; (b) l o the spouse, child, parent, brother Cr sister of that co-"ernpioyee" or volunteer svor ker as a consequence of paragraph: (1)(a) above; For wench there is any cbt=gation to share damages 'Mlh or repay someone else who mull pay damages because of the injury, described in paragraphs (1)(a) or (b) above', ur Arising out of his or her providing or failing to provide professional health care services except as provided in Provision 11, of this endorsement: (c) (d) Includes copyrighted material of Insurance Sen.'icns t')ff+ce, Inc. CG 70 63 07 12 Page 3 of 9 (2) 'Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or coritiol of, or over which physical control is toeing 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 iimited 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 livability arising out of the maintenance or use of that property; and (2) Until your legal representative has bee"; 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 Coverage Form. e. Your subsldlarles if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stork in such sutsldiartes as of the effective date of this policy. If such subsidiaries are riot shown in the Declarations, you must report them to us within 180 days of the inception of your original policy, f. (1) Any person or organization, other than an architect, engineer or surveyor, required to be named as an additional insured in a "work contract", letter of intent or work order, However, such person or organization shall be an additional Insured only with respect to covered "bodily injury," "property damage." and 'personal and advertising injury" arising out of "your work" under that "work contract', letter of intent Or work order, (2) We will provide additional insured coverage to such person or organization only: (a) for a period of 30 days after the effective date of the applicable "work contract", letter of intent or work order; or (b) until the end of the policy term in effect at the inception of the applicable "work contract', letter of intent or work order; whichever is earlier (3) Coverage provided under this paragraph f. is excess over any other valid' and collectible insurance available to the additional insured whether primary, exce ss, contingent, or ori any other basis unless the "work contract", letter of intent or work order requires this insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the odcilional insured. (4) This paragraph f, does not apply if forrr CG 70 6.5, Texas Contractors Blanket Additional insured Endorsement, is attached to the policy. t. Any person or organization to whom you are obligated by virtue of a written contract to provide insurance such es is afforded by this policy, but only with respect to liability arising out of the maintenance or use of that part of any premises leased to you, including common or public areas about such orerises if so required in the contrac.. However. no such person or crganizati6n is an insured with resnect to (1) Any "occurrence' that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. Inclr.rdes copyrighted rrater:a! of Insurance c:;er.ii.:;es Office, Irc Page 4 of 9 CG 70 63 07 12 h. Any slate or political subdivision bur, only as r:soucts Isijal iiabfty incurred by the state or political ,ubdav:,ion sole y because it has issued a permit with respect to operations performed by you or on your behalf: However, no state or political subdivision is an insures with respect to: (1) `Bodily injury" "property darmtrite", "personal and advertising injury" arising out of operations performed for the state or municipality: or (2) "Bodily injury' or "property damage" included within the "products -completed operations hazard." Any parser or organization who is ,he lessor Of equipment leak! to you, to whom you arG obligated by virtue of a written contari In provide. insurance such es is afforded by this policy, but only with respect to their liability arising nut of the maintenance, operation or use of such equipment by you or a subcontractor on your bnhoir with your permission anti under your gupervisiran_ However, if you have entered into 3 construction contract subject to Sttt? tiapter C 91 Chapter 151 of Subtitle C of Title 2 of the Texas Insurai ice Code with the additional insured, the insurance afforded to such person(s) or ornanizetion(s) only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No such person or organization, however, is an insured with respect to any "occurrence' that takes place after the equipment lease expires. j Any architeect, engineer. or surveyor engaged by you but only with respect to liability arising out of your prentiaas or 'your worts.' I-lownvcr, if you have rrni red into construction COntracl subjeCt to Subchapter iC of Chapter 151 al Subtitle C of Title 2 of the Texas Insurance Coda with the additional irisured, the insurance afforded in such person only applies to llu3 extent permitted by Subr_,hapIEtr C of the Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No architect, engineer, or surveyor. however, is an insurer) with respect to "bodily injury," "property damage' eer "personal and advertising injury" arising nut of the rendering of or the failure to render any professlonat services by cr for you, inclining (1) The preparing, approvtn. ar tailing to prepare or approve maps, drawings, opinions, reports, surveys, change orders. designs or specifications; or (2) Supervisory, inspection, or engineering services. This paragraph j. does not apply 11 fora CG 70 85, Texas Contractors Blanket Additional Insured Endorsement, is attached to the policy k. Any manager, owner, lessor, mortgagee, assignee or roceiv.er of premises, it:tutting land leased to you, but only. with respect to liaollity. arising unit of the ownership, nnainteneni=o or use of that parr of the premises or land based to you However. no such person or organization is an insured with respect to: (1) Any 'occurrence' that tares place after you cease to occupy that premises, or cease to lease the land; or (2) Structural alteration, new construction or dernolition oporations performed by or on behalf of that person or organization 3, Any organization you newly acquire or form, ether than a partnership, joint venture or iimile;I liability company and Over which you maintain nvrneimhi,i or m rin'ily interest, will qualify iiS Z tJurnr;d Insured if there is no othrtr similar insurance 4n/flit:able to that organization However: a. Coverage under this provision is afforded only until the end of the policy, period; b. Coverage A sloes not apply to '"bodily injury" or 'property damage' drat occurred before you acquired or formed the organization.; c. Coverage B does not apply to "personal and advertising injury' arising cut of an offense committed before you acquired or formed the organization d. Coverage A does not apply to "product recall expense" arising out of any wit^cirawel ar recall that loony eci before you acquired or formed the organization includes conyrighled material of Insurance Services Office. filo. CG70630712 Page5of9 4. Any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is an insured, hut only with respect to "bodily injury' or 'properly damage' arising out of your products' that are distriouted or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to; a, 'Bodily injury" or 'property damage" for which the vendor is obligated to pay damages by reason of etre assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vender would have in the absence of the contract or agreerh' ni, b. Any express warranty unauthorized by you; c. Any physical or chemical change in "your product' made intentionally by the vendor; d. Repackaging, except when unpacked Solely for the purpose of inspection, demonstration, testing, or the subsiiiukion of parts under instructions from the manufacturer, and then repackaged in the original container; e, Any failure to make 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 "your products"; f, Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the "your product"; "Your 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. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its emproyees or anyone else acting on its behalf, However, this exclusion does not apply to: 9• (1) (2) The exceptions contained in subparagraphs d. or f.; or Such inspections, adjustments, tests or servicing as the vendor has agreed to snake or normally undertakes to make in the usual course of business. in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization from which you have acquired "your products", or any ingredient, part, or container, entering into, accompanying or containing "your products'. No person or organization is an insured with respect to tho conduct of any current or pest partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations 11. INCIDENTAL MALPRACTICE LIABILITY As reepects provision 10,, SECTION H — WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or pararnecic employed by you to provide medical or paramedical services, provided that you aro not engaged in the ousiness or occupation of providing such services, and your "employee does not have any other insurance that would also cover claims arising under this provision, whether (he other insurance is primary, excess, contingent or on any other basis. Under SECTION Ili - LIMITS OF INSURANCE, provisions 12. through 14, of this endorsement amend the policy as follows; 12, AGGREGATE LIMITS PER PROJECT The General Aggregate limit applies separately t:: each of your : onstruc1ion projects away from premises owned by or rented to you 13, INCREASED MEDICAL PAYMENTS LIMITS AND REPORTING PERIOD A. The requirement under SECTION 1— COVERAGE C MEDICAL PAYMENTS that expenses be incurred end reported to us within one year of the date of the accident is changed to throe years B SECTION III LIMITS OF INSURANCE, paragraph 7., the Medical Experi e Lirriil, is subject to all the terms of SECTION Ili — LIMITS OF INSURANCE and is the greater of: Includes copyrighted material of Insurance Services Office, Inc Page 6 of 9 CG 70 63 07 12 1, $10.000: or 2, Ina amount shown in the (ectaratians for Medical Expense Limit_ C. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excludett either by the provisions of the Coverage Fain or by endors rnent. 14. DAMAGE TO PREMISES RENTED TO YOU — SPECIFIC PERILS A. The word fire is changed to "specific perils" where it appea•s in: 1. The last paragraph of SECTION I COVERAGE A, paragraph 2, Exclusions; 2. SECTION IV, paragraph 4,b_ Excess Insurance The Limits of Insurance shown in the Declarations will dpiply to all damage proximately caused by the same event, whether such darnaDe results from a ''specific. peril" or any combination of "specific perils,' C. The Darnalje To Premisos Rented To You Limit cesnribecf in SECTION III - LIMITS OF INSURANCE. paragraph 6.. is replaced by a new limit which is the greater of. 1, $1,000,000; or 2, The amount shown in the 0lecleratons for Damage To Premises Rented To You Limit, D. This provision 14. does not apply if the Damage To Premises Rented To You Limit of SECTION I - COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. Under SECTJQN IV - COMMERCIAL GENERAL LJABILrTY CONDITIONS. provisions 15. through 17. of this endorsement amend the policy as follows: 15_ 'KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit: paragraph a. is deleted and replaced and paragraphs ta, and f. are added as follows: a. You must see to it that we are notified as soon as practicable of an "occurrence' or an offense, regardless of the amount, which may res. lit in n clalm. KnnwIndoo of an "occurronea" or an offense by your 'employee(s)' shall not. in itself, constitute knowledge to yoo unless one of your partners, membors, 'executive offRc r3,' diraotors, or rnanagor: hes I'nawledge of the "occurrence" or offer,{e In the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and ,nn nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence' or offense_ o. 1. you rep. r pn "occorrrnr_n' to yc,rr worker; txaraftiensation carrier that develops into a liability clank for which coverage. rage. is provided by the Coverage Form, failure to report such an 'occurrence to us al the time of the occurrence" shall nc't be doomed a v,olation of paragraphs n . b., and c obnve However, you shall give written notice'of this "ocCurrence to us as soon you beccrrni aware that this occurrence' maybe a liability c;iain7 rather than a wrkers c:<snihnnsntion claim. f, You must see to it that the following are done in the event of an actual or anticipated "covered recall` that may result in 'product recall expense": r3. {1) Give us prompt notice of any discovery or notification that "your product- must be withdrawn or recalled. Include a description of 'your product" and the reason for the withd'awai or recall; (2) Cease any further reletw(% shiprrrnnt, cc}osignment or any otnr;r method of distribution of like or similar products until it nv.s been Cnturlriinod that all such prorioets are free from defects that could be a cause of loss under the insurance. 15. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: includes copyricgr-tad rnateriai of Insurance Services Oflce.:rlc. CG 70 63 07 12 Page 7ofg a The statements in the Declarations are accurate and complete: b. Those statements aro based upon fepresentntions you made to us; and c. We have issued this policy in reliance upon your representations, We will not deny coverage under this coverage part if you unintentionally fait to disclose all hazards existing as of Me. inception date of this policy You ['lust report to us any knowledge of an error or omission in the oescriotion of any premises or operations intended to be covered by the Coverage Forrn as soon as practicable after its discovery. However, oris provision does not affect our right to collect additional premium or exerciso our right of cancellation or nonrenewal 17. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the followIn9: 8. 1f the insured has rights to recover all or pari of any payment we have made under this Coverage Form, those rights are transferred to us. The insured rnust do nothing after loss to impair them. At our request. the insured will bring "suit" or transfer those rights to us and help us enforce them, However, if the insured has waived rights to recover Through a written contract, or if "your work' was commenced under a letter of Intent or work order, subject to a subsequent reduction to wriling with customers whose customary contracts require a waiver, we waive any right of recovery we rnay have under this Coverage Form. 18. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2_b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION V -- COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew a. We may elect not to renew this policy except, that under the provisions of the Texas insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected official b. If We elect not to renew this policy, we may do so by mailinn or dal venng to the first Named Insured, at the last [nailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days before the expiration date, If notice is [nailed or delivered less than 60 days before the expiration date, this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered, Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the pie,ieus year's premium. c. If notice is mailed, proof of mailing will be sufficient proof of notice d. The transfer of a policyholder between admitted companies within the same insurance group is nal considered 8 refusal to renew. 19, MOBILE EQUIPMENT REDEFINED Under SECTION V - DEFINITIONS, paragraph 12. ••Mo'vrle equipment", paragraph f, (1) does not apply to self- propelled vehicles of less than 1,000 pounds gross vetiicte weight that are not designed for highway use, 20. DEFINITIONS 1, SECTION V — DEFINITIONS, paragraph 4. 'Coverage territory" is replaced by the folowirrg definition: "Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury:' "property damage." or 'personal and advertising injury•., including personal and advertising injury" offenses that lake piece through tl-ie Internet ar S':miler electronic, r ears or contmuni(Mtion provided the insureds responsibility to pay damages is determined in a settlement which we aaree or in a "suit" on the merits, in the United Stales of America lincluling its territories and possessions), Puerto Rico and Canada. Includes copyrighted rnaterfai of Insurance Services Office, Inc. Page 8of9 CG70630712 2. SECTION V — DEFINITIONS is amended by the addition of the following definitions: "Covered recall" means a recall made necessary because you ora government body has determined that a Known or susixcted defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in 'bodily injury' or "property vac age" " Produ:t Recall expenses" meal only reasonable ancJ necessary extra costs, which result from or are related to the recall or withdrawal of your product" for: a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising b. Stationary, envelopes, production of announcements and postage or facsimiles; c. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by aoeltts designated by you of persons, other than your regular employees, to perform neces:7i; y tasks. a. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate; and g. Disposal of "your products" that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and (2) Expenses that axc;_Pad the cost of normal trnch dscarding Or disposal, except as are necessary to avoid „bodily injure or "property damage-, "Specir:c Perils" means fire: lightning; explosion; .,iindstcrm ort ail; smoke; aircraft or vehicles; not or civil commotion: vandalism: leakage from fire extinguishing equipment: weight of Snow, ice or sleet; Or "water damage." "'Nater damage" means accidental drselaaage or leakage of water or steam as ins direct result of the breaking or cracking of any part of a system or appliance containing water or steam. Work contract' means a written agreement between you and one or more parties for work to be performed by yet or ort your behalf, Includes copyrighted material of Insuran e. Services Office, !nc, CG 70 63 07 12 Page 9 of 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY_ TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is $ 1. BROAD FORM INSURED SECTION It - LIABILITY COVERAGE A.1. Who Is An Insured is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company. and over which you maintain ownership or a majority interest, will qualify as a Named Insured. However, (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not appy to "accidents" or "less" that occurred before you acquired or formed the organization; and (3) Coverage does not apply to an organization that is an "insured" under any other policy or would be an "insured" bul for its termination or the exhausting of its limit of insurance. e. Any "employee" of yours using: (1) A coveted "auto" you des not own. hire or borrow, or a covered "auto" not owned by the "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) An "auto" hired or rented under a contract or ar reernent in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However. your "employee" does not qualify oc an insured under this paragraph (2) while using a covered "auto" rented from you or from :pry member of the "employee's' household. f. Your members. if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow and while performing duties related to the conduct of your business or your persona(affairs. g. Any person or organization With whom you agree in a written contract, written agreement or permit. to provide insurance such as is afforded under this; policy, but only with respect to your covered "autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is issued prior to the "bodily injury" or ''property damage' (2) To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any lessor of "autos" unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor: (b) The "auto" is (cased without a driver: and Includes copyrighted material of Insurance Services Office, enc CA 71 18 11 09 Page 1 of 5 (c) The lease had not expired. Leased "autos" covered under this provision will be considered covered "autos' you own and not covered ..autos" you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50% of the voting stock on the effective date of this endorsement This provision does not apply to "bodily injury" or "property damage" for which an "insured" is also an insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of insurance, unless such policy was written to apply specifically in excess of this policy. 2. COVERAGE EXTENSIONS • SUPPLEMENTARY PAYMENTS Under Section Il - LIABILITY COVERAGE, A.2.a. Supplementary Payments, paragraphs (2) and (4) are deleted and replaced as follows: (2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds, (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 3. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION i1 - UABIi_ITY COVERAGE, B. EXCLUSIONS, paragraph 5. Fellow Employee is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow"employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers, managers; supervisors or above. Coverage is excess over any other collectible insurance. b. The spouse, child, parent. brother or sister of that fellow "employee" as a consequence of paragraph a. above. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION ill - PHYSICAL DAMAGE COVERAGE, A. COVERAGE. the following is added: If any of your owned covered "autos" are covered for Physical Damage, we will provide Physical Damage coverage to "autos" that you or your "employees" hire or borrow. under your name or the "employee's" name, for the purpose of doing your work. We will provide coverage equal to the broadest physical ddrnage coverage applicable to any covered "auto' shown in the Declarations, item Three. Schedule of Covered Autos You Own, or on any endorsements amending this schedule. B, Under SECTION ill - PHYStCAL DAMAGE COVERAGE, A.4, Coverage Extensions. paragraph b. Loss Of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreerneni. We will pay for loss of use expenses it caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; includes .:olvyrlcll: cd t'luterld.l u= in5utance Serviff, (_)?hu, Inc. Page 2 of 5 CA 71 18 11 09 (2) Specified Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or Collision, only if the Declarations indicate that Collision Coverage is provided for any covered „auto However, the most we will pay for any expenses for Toss of use is $30 per day. to a maximum of $2,000. C. Under SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions. 5, Other Insurance, paragraph b, is replzced by the following: b. For Hired Auto Physical Damage, the following are deemed to be covered autos" you own; 1. Any covered "auto" you lease, hire, rentor borrow; and 2. Any cover&d "Auto' hired or rented by your "employees" under a contract in that individual -employee's' nares', with your permission, while perforating duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is nota covered "auto", nor is any "auto" you hire from any of your "employees". partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. LOAN OR LEASE GAP COVERAGE Under SECTION Ift — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: if a covered "auto" is owned or teased and if we provide Physic _tI Damage Coverage un it, we will pay, in the event of a covered total "toss", any unpaid amount dues on the lease or loan for a covered "auto", less: (a) The amount paid under the Physical Damage Section of We policy; and: (b) Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the 'less"; Financial penabies imposed under a lease tor excessive use, abnormal wear and tear or high mileage: Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; Security deposits not refunded by a lessor; and Carry-over balances from previous loans or leases. (3) (2) (3) (4) (5) 6, RENTAL REIMBURSEMENT Under SECTION tlf - PHYSICAL DAMAGE COVERAGE, A,4, Coverage Extensions, paragraph a, Transportation Expenses is deleted and replaced by the following: a. Transportation Expenses (1) We will pay up t6 $75 per day to a maximum of $2,000 tor trtanspor ation expense incurred by you because of covered "loss". We will pay only for tIu}se covered "autos" for which you carry Collision Cove' age or cities Comprehensive i:..overage or Specified Causes of Loss Coverage We will pay for for transportation expenses incurred during the perrioif beginning 24 hours alter the covered "loss" and ending, regardless of the policy's expiration, when the covered "auto" is returned le use or we pay icor its "loss". rhis cover. illi• is SFT-rdditsor to the otherwise applicable coverage you have on a covered 'auto". No cfedur:tirile', apply to this Coverage. Include, copyrighted material of Insurance Services Office. Inc. CA711811 CO Page3of5 (2) This coverage does not apply while there is a spare or reserve "auto" available to you for your operation_ 7. AIRBAG COVERAGE Under SECTION III - PHYSICAL DAMAGE, 5, EXCLUSIONS, paragraph 3. is deleted and replaced by the following: 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: ("1) Wear and tear. freezing, mechanical or electrical breakdown. However, this exclusion does not include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tires_ 8. GI_A$$ REPAIR —WAIVER OF DEDUCTIBLE Section 111— PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 9. COLLISION COVERAGE — WAIVER OF DEDUCTIBLE Under Section III - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: When there is a loss to your covered "auto" insured for Collision Coverage, no deductible writ apply if the loss was caused by a collision with another "auto" insured by us. 10, KNOWLEDGE OF ACCIDENT Under SECTION IV BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, paragraph a. is deleted and replaced by the following: a You must see to it that we are notified as soon as practicable of an "accident", claim, "suit" or"loss". Knowledge of an "accident", claim, "suit" or "loss" by your"employees" shall not, in itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers. or members (if you are a limited liability company) has knowledge of the "accident". claim, "suit" or "lass". Notice should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses 11. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Under SECTION IV - BUSINESS AUTO CONDITIONS. A. Loss Conditions paragraph 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5, Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another. those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do northing after "accident" or "loss" to impair them. However, if the "insured" has waived rights to recover through a written contract, or if your work was commenced under a letter of intern or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waver, we waive any right of recovery we may have under this Coverage Form, Includes copyrighted material of Insurance Services Office, Inc Page 4 of 5 CA 71 18 11 09 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS , B. General Conditions , paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: We will not deny +_owl r lrr ..index tlnb: C.ovkrr.iye Fssrro If yriu unlntc-ntionAIIy fnii to disclose all hazards existing as of the Inception nate of this policy. You must 'r7ort til t.s .iny know cKigc of an error or omission in your representations .ss soon as practicab t: filter its discovery. This provision does not affect our right to collect i1Cidlllnn,7l premium or exercise our rignt or cancellation or nonrenewal, 13. BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS When required by written contract or written agreement, the definition of "insured contract" is amended as follows: The exception contained in paragraph H.3. relating to construction or demolition operations on or within 50 feet of a railroad; and --- Paragraph H.a. are deleted with respect to the use of a covered "auto' in operations for, or affecting, a railroad. Includes copyrighted material of Insurance Services Office, Inc. CA 71 18 11 09 Page 5 of 5 POLICY NUMBER; CA210090601 COMMERCIAL. AUTO CA71651007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY COVERAGE This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM The provisions of the Coverage Form apply unless changed by this endorsement. This endorsement identifies person(s) or organization(s) who are "insured" under the Who Is An Insured Provision of the Coverage Form. This endorsement changes the policy on the inception date of the policy, unless another date is shown below. Endorsement Effective: 10/3/2017 Countersigned By; Named Insured: PLW Waterworks, LLC (Authorized Representative) (No entry may appear above. If so, information to complete this endorsement is in the Declarations.) Section Il - Liability Coverage; A, Coverage, 1, Who Is An Insured is amended to add: Any Person or Organization with whom you have an "insured contract" which requires: i. that Person to Organization to be added as an "insure' under this policy; and ii, this policy to be primary and non•contributury to any tike insurance available to the Person or Organization. Each such .person or organization is an "Insured" for Liability Coverage. They are an "insured" only if that person er orgarr,:,stion is. an "insured. under in SECTION II of the Coverage t=ore. The contract hetwaen the Named Insured and the person Or orgaltizatiort is an 'insured contract" Includes copyrighted material of the Insurance Services Office. Inc , with its permission CA 71 65 10 07 insurance Services Office., 1998. Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) 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. ',qv have.. tho right to recuvcr coir p;r5,r lt:rti: ircm anyone Ijable for an niLiryr cuve,'eti by this policy. We will not enforce (An- rI ht ..igainst the per.ul or trrg,tni7:.1(Ir.lri it lined Ili the Schedule. but this waiver .. ppi.es cs:tty 4th respect to bodily lowly ,•Ir. ll Hsi out 1:if the o[terationS rik'Si rlhed in the c,eh'tllljt°'; when, you are by A wiitlr;n rnntrart to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for +worn the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this enoorsernent shall be 0.020 percent of the premium developed on payroll in cornetction with work performed for the above person(s) or organizations) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it k attached and Is enactive on the date issued unless otherwise stated. (The nlormation below is required only when this endorsement is issued subsequent to t)reperation of the policy.} Endorsement E fective 10/3/2017 Instired PLW Waterworks, LLC Policy No, WC21009401 Errdurserrient Nu. Premium S Insurance Company Amerisure Insurance Company Countersigned by WC 42 03 04 B (Ed. 6-14) N Copyright 2014 National Council on Compensation Insurance, Irx. Ali Riyhta Rea'rn i COMMERCIAL LIABILITY UMBRELLA CU 74 69 08 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED - PRIMARY/NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM AH policy terms apply except as stated below. Under SECTION 11— WHO IS AN INSURED, the following is added to paragraph 3: If coverage provided to any additional insured is regklired by a written contract or written agreement, we will proviclt c:overoge to the additional insured on a primary basis without contribution from any other valid and collectible in strrinr a available to the additional insur.:E. Under SECTION IV -- CONDITIONS, paragraph 5. Other Insurance does not apply to coverage provided by this endorsement. Includes copyrighted material of Insurance Services Office, Inc. CU74690810 POLICY NUMBER: CU210090501 COMMERCIAL LIABILITY UMBRELLA CU 24 03 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization required by written contract or certificate of insurance. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV — Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CU 24 03 09 00 Copyright, Insurance Services Office, Inc., 2000 Page 1 of 1 ❑ COMMERCIAL LIABILITY UMBRELLA CU 00 01 04 13 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered_ Throughout this policy the words you and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy, The words "we". "us" and "our` refer to the company providing this insurance The word "insr,red" means any person or organization qualifying as such under Section II Who Is An Insured, Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COV.ERAGES COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. insuring Agreement a, We will pay on behalf of the insured the "ultimate net loss" in excess of the "retained limit" heca.use of "bodily injury" or "property damage' to which this insurance applies, We will have the right and duty to defend the insured against any "suit" seeking damages for such "bodily injury" or "property damage' when the "underlying insurance" does not provide coverage or the limits of "underlying insurance" have been exhausted When we have no duty to defend. we will have the right to defend, or to particip-ate in the defense of, the insured against any other "suit" seeking damages to which this insurance may apply. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury' or "properly damage" to which this insurance does not apply. At our discretion, we may investigate any "occurrence" that xray involve this insurance and settle any resultant claim or "suit" for which we have the duty to defend. But: (1) The amount we will pay for the "ultimate net loss" is limited as described in Section III — Limits Of Insurance; and {2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. CU 00 01 04 13 No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. I his insurance applies to "bodily injury" or 'property damage'that is subject to an a;:lrlic hk' 'retained limit". if any other limit. such as a sublimit, is specified in the "underlying insurance", this insurance does not apply to "bodily injury or "property damage" arising out of that exposure unless that limit is specified in the Declarations under the Schedule of "underlying insurance', c. I his insurance applies to "bodily injury' and "property damage' only if: (1) The "bodily injury' or "property damage" is caused by an "occurrence" that takes place in the "coverage Territory"; (2) The "bodily injury" or "property damage" occurs during the policy period: and Prior to the policy period. no insured listed under Paragraph 1.a. of Section 11 — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury` or "property damage" had occurred in whole or in oart. If such a listed insured or authorized "employee" knew, prior to the policy period. that the "bodily injury or "property damage' occurred, then any continuation, change or resumption of such "bodily injury" or 'property damage" during o ;after the poky period will be deemed to have been known prior to the policy period. d, 'Bodily injury' or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1.3. of Section 11 -- Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period, (3) �> Insurance Services Office. inc...2012 Page 1 of 18 e. "f odily injury" er "prriperty (lartioge" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1,a, of Section II — Who Is An Insured or ashy "employee" authorized by you to give or receive notice of an "occurrence" or claim_ (1) Reports all, or arty pant, of Ile "bodily injury" or "property damage to us or any other insurer; (2) Receives a written or vrehal demand or claim for damayes because of the "bodily injury„ or"property damage": or (3) Becomes aware. by any other means that "bodily injury" or "property damage" has occurred or has begun to occur_ f. Damages because of ''bodily injury" include danamgets claimed by any :re.rson or oreanizetion for care, loss of services or death resulting at any time fruni the "bodily injury", 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Beadily injury". tar "property damage" expected or intended From the standpotnt of the insured, This exclusion does not apply to "tidily injury" resulting from the use of reasonable force to protect persons or property. Contractual Liability "Bodily injury" or "property damage" Ice which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclu?ion 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 a cortract or iagreernenl Met is an 'iei5ured contract", provided the "bodily injury" or 'project; ry daMil gee o<c:ur; subeet)creft. to the exec>ertion of the contract or :tcdreement, Solely for the purposes of liability assumed in an "insured s reread". reasonable attorneys' fees and necessary litigation expenses itict rred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage". provided: (a) Liability to such {Tarty for, or for the cost al, tiwi party's dceehse bas also ben assumed in the same "insured cs.rntrar.i and b. Page 2 of 18 (b) Such attorneys' fccs and litgotion expenses are for defense of that party against a civil or alternative disputes resolution proceeding in which damages to wi-ich this insurance applies are alleged. c. Liquor Liability "Bodily injury- or "property damage" for which any insured may be held liable by reason of; (1) Causing or contributing to the intoxication of any person; (2) The furnishing, of alcoholic beverages to a person under the legal drinking age or under the influence of a,cohoi; or (3) Any statue, ordinance or regulation relating to ibi sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if 'he claims against any insured allege negligence or other wrongdoing in: (a) The supervision. hiring, employment., training or mor.itoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the 'bodily injury' or "property damage„ involved that which is described in Paragraph (1), (2) or (3) above. However. this exclusion applies only if you are in the business of manufacturing, distributing, selling. serving or furnishing alcoholic hever.as)es, For the purpoes of this exclusion, peri fitting 3 person to bring alcoholic beverages on your premises, for consumption on ,your premkcs, whether or not a fee is charged or a license ie required for such activity, is not by itself considered the business of selling. serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid 'underlying irr:urance" for the liquor iiabrlity iisks cle'scribed hove exists or would have exited loot for the exlr:au=,tion of unr erlyinu limits for "bodily injury' and "property rieirr;age". "Fo the extent this exclusion dor-v. =ant Apply. the inorrrance provided urrorrr this Coverage Pali for the liquor liability risks dercr.hod above will foIIuv thy' same provisio s, exclusions and limitations that 0.re c;crr,lairied in the. applicable 'underlying insuranr,e" unless othervMie directed by this insurance. c? Insurance Services Office, Inc...201.2 CU 00 01 04 13 d, Workers' Compensation Arid Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law, e, ERISA Any obligation of Ihe insured tinder the Employee Retirement income Security Act of 1974 (ERISA), and any amendments thereto or any situ lar federal, state or local statute, f. Auto Coverages (1) "Bodily injury" or "property damage" arising out of the ownership, maintenance or use of any "auto" which is not a "covered auto": or (2) Any loss, cost or expense payable under or resulting from any first -party physical damage coverage: no-fault lave; personal injury protection or auto medical payments coverage; or uninsured or underinsured motorist law. g. Employer's Liability 'Bodily injury" to: (1) An "employee" of the insured arising out of and to 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 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 beratIse of the injuiy. This exclusion does not apply to liability assumed by the insured under an "insured contract". With respect to injury arising out of a "covered auto", this exclusion rues not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits. For the purposes of this insurance. a domestic "employee" is a person engaged in honsehold or domestic work performed principally in connection with .l residence premises. CU 00 61 04 13 Tliis exclusion skies not apply to the extent that valid 'underlying insurance" for the employer's liabiitty risks des.rtbeo above exists or would have existed but for the exhaustion of underlying limits for "bodily injury". To the extent this exclusion does not apply, the insurance provided under this Coverage Part for the employer's liability risks described above will follow the sante provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this in•surarice, h. Emplayment.related Practices "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment: or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in Paragraph (a), (b), or (c) above is directed. This exclusion applies whether the injury - causing even; described in Paragraph (a), (b) or (c) above occurs before employment, during employment or after employment of that person. T his 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 eke who mu.si pay damages because of the injury. i. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part bort ler the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time; Or •-PO iutiOri cost or expense". (2) s`: Insurance Services Office tnc .70 12 Page 3 of 18 1 - This exclusion does not apply if valid "underlying insurance" for the pollution Iirhi:Ity risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury" and "property damage". To the extent this exclusion does not apply, the insuru1re provided under this Covemge fart for the pollution risits desr`riberl above will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. Aircraft Or Watercraft "Bodily injur/" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft or watercraft owned or operated by or ferried or loaned to any insured. Use includes operation and "loading or unloading". Thi: exclusion applies even if the claims against any insured allege negligence or other wrr,nydoing in the supervision, hiring, employment, training or monitoring + f others by that insured, if the which caused the 'bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not beim used to carry person, nr property for a charge; Liability assumed under any 'insured contract." for the ownership, maintenance or use of aircraft or watercraft; (4) The extent that valid "underlying insurance" kir the aircraft or watercraft liability risky; described above exists or would have existed but for the exhaustion of underlying limits for "budrty er1jury" Ur "pro'pert'y darn`; ge". ro the extent this exclusion doe, out .;apply.. the insurance provided r.irdor snrs rvrracle Fr"art for the aircraft or watercraft described .10cove will follow the same pro\'i,lons. exclusions and limitations that are contained in the "underlying insurance. unless olherwise directed by this insurance: or (3) Page 4 of 18 (5) Aircraft that is: (a) Chartered by, loaned to, or hued by you with a paid crew; and (b) Not Dunned by any insured: k. Racing Activities "Bodily rnjtiry or "property damage' arising out of the tilt: of "mobile equipment" or "autos" in, or while in pro :tine: for. or while being prepared tor. any prearranged professional or organized racing, speed, demolitori. or stunting activity or contest. War "Bodily injury' or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sove.ergrr or other authority iJsiriq military personnel or olher agents; Or (3) :nsurrec:i:un. rebellion, revolution, usurped power, o, .ictiuri taken by yoverii iientai authority in hindering or defending against any of these, m. Damage To Property "Property damage" to: ('t) Property. (it) You tJwri, tint. or sst,t_upy, 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; or (b) Owned or transported by the insured incl arising out of the ownership, maintenance or use of a "covered auto". (2) Premises you sett, give away or abandon_ if the 'property damage' ,rrbc°s out of any part of those premises; (3) Property loaned to you: (4) Pers:anal property in the care. custody or control of the insured; That particular part of real property on ,which you or any conlr,artors or subcontractors directly or indirectly ort your tielralf are performing operations, if the 'property damage" apse. out of those operations: or (5) S Insurance Services Office_, Inc_.2.012 CU 00 01 04 13 (6) That particular past of any property that M1151 be restored, repaired or replaced because "your work" was incorreetiy 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 (1)(0, (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreernent, Paragraphs (3) and (4) of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement, Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". n, Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. o. Damage To Your Work "Property 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 oe your behalf by a subcontractor. p.:Damage To Impaired Property Or Property Not Physically Injured 'Property damage' to "unpaired property" or property that has not been physically injured, arising out of: (1) A defect, deticency, inadequacy or dangerous condition In your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms, 1 his exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or 'your work" after it has been put to its intended use. Recall Of Products, Work 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, adjcstment, removal or disposal of; 9. (1) Your product": (2) '^/our work"; or CU 00 01 04 13 (3) "impaired property", if such product. work. 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. r. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury s, Professional Services "Bodily injury" or "property damage" due to rendering of or failure to render any professional service_ This includes but is riot limited to: 11) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings or specifications; (3) Inspection, supervision, quality control, architectural or engineering activities done by or for you on a project on which you serve as construction manager: (4) Engineering services, including related. supervisory or inspection services: (5) Medical, surgical, dental. X-ray or nursing services treatment, advice or instruction; (6) Any health or therapeutic service treatment, advice or instruction; (7) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy; (8) Any service, treatment, advice or instruction relating to physical fitness, including service, treatment, advice or instruction in co.nncctior with dict, cardiovascular fitness, bodybuilding or physical training programs: (9) Optometry or optical or hearing aid services inciuding the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices: (10) Body pieruriy services; (11) Services in the practice of pharmacy; (12) Law enforcement or firefighting services and (13) Handling. embalming. disposal, burial, cremation or disinterment of dead bodies. Insurance Services Office, Inc.,7012 Page 5 of 18 This exclusion applies even if the claims any insured .:liege negligence or other .,,runrldoinq in the stfpervisivn, hiring, +'r of Iryintc.:ntt, training or monitoring ;af others by Pint ir, ,ikren. if Ow "r:cr_crrrerice" which cau'.eCJ the "bodily in}r.ir'/" or "property damage', involved the rendering of or failure to render any pro`essional service. t. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access or inability t4 Manipulate electronic data. However, this exclusion does not apply to liability for damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used ort, or transmitted to or from Lumpier software, Including systems and aplatiLations software, hard or floppy disks, CD- ROMs. tripes, drives. cells, data processing devices or any other media which are used with electronically controlled equipment, This exclusion does not apply if valid "underlying in~3trrance" for the electronic data risks described above exists or would have existed but for the exhaustion of underlying Units for"bodily in ury" and "properly damage"`. They insurance provided under this Coverage Part wLII follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance, u. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury°" or "property damage" arising dirr:ctly or indirectly not of any anion or ori lesion that Violates or is allenied to violate;. (1) The telephone Consumer Protection Act (1CPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any .amendment of or addition to such law: The Fair Credit Reporting Art (FCRA), cod any dnlerrtfrnerll nil Of i:3drllsroil including Pie Pair and Accuraite Credit Transactions Act (FACIA); or (4) Any (oderal, state or focal statute, ordinance or regulation, other than the TCPA, CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits. ar limits the printinrg, dissemination. disposal, collecting: recording, i±'n ling, transmitting, corvmunicatinq Q! dksteibutiorl of rmeterial or information. (3) Page 6of18 COVERAGE B -- PERSONAL AND ADVERTISING INJURY LIA81LJTY t Insuring Agreement a. 1,Ve will pay on behalf of the insured the "ult'imate net loss" in excess of the "retained limit" because of "personal and advertising injury" to which this insurance =appik:s. We will have the right and duly to defence the inStirrtl against any "suit' seeking damages for such "personal and <trfvertising injury" when lire "iintJerl.yinci insurance' does not provide coverage or the limits of "underlying insurance have been e;rhausted_ When we have no nifty to defend, we will have the right to defend, or to participate in the defense of, the insured against any other "suit" seeking damages to whis:l r this insurance may apply. However. we will have no duty to deieno the insured against any "suit" seeking damages for "personal Jilt' advertising injury' to rehicli lots insurance does riot apply, At our discretion, we may investigate any offense that may involve this insurance and settle arty resultant claim or "suit" for which we have the duty to defend. But: (1) the amount we will pay for the "ultimate net loss" is limited as described in Section III — Lirnits Of Insurance; and (2) Our tight and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments ar settlernents under Coverages A or B. No other obligation of iial fifty :rd pity sums or perform act` or services as covered unless explicitly provided for tinder Supplementary Payments — Coverages A and 8. b. This insurance applies to "personal and advertising injure that is itibject to an applicable "retzaired time, If ]ray other limit, suci as a 5uixlimit, is specified in the "underyling does es not .apply to "personal and advertising inyury" arising Out or that exposure unless that limit is specified it the Declarations tinder the Schedule of "uncterlyrrci insurarce". c. This insurance applies to "personal and advertising injury' caused by an offense arising out of your business but only if the offense was committed in the 'coverage territory' duhrig the policy period rC Insurance=. Services Office. Inc_.2012 CU 00 01 04 13 2. Exclusions This insurance does not apply to: a. "Personal and advertising injury": (1) Knowing Violation Of Rights Of Another Caused by or at the direction of the insured with the knowledge that the act would violate tl;e rights of another and would inflict "personal and advertising injury". (2) Material Published With Knowledge Of Falsity Arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. (3) Material Published Prior To Policy Period Arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. (4) Criminal Acts Arising out of a criminal act committed by or at the direction of the insured, (.5) Contractual Liability For which the insured has assumed liability in a contract or agreement 'This exclusion does not apply to: (a) Liability for damages that the insured would have in the absence of the contract or agreement, (b) Liability for false arrest, detention or imprisonment assumed in a contract or agreement, (6) Breach Of Contract Arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement", (7) Quality Or Performance Of Goods — Faiiure To Conform To Statements Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your 'advertisement". (8) Wrong .Description Of Prices Arising out of the wrong description of the price_ of 9oodS, products ur services stated in your "advertisement", CU 00 01 04 13 (9) Infringement Of Copyright, Patent, Trademark Or Trade Secret Arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights, i finder this exclusion. such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your 'advertisement", of copyright. trade dress or slogan. (10) Insureds In Media And Internet Type Businesses Committed by an insured whose business is: (a) Advertising. broadcasting, publishing or telecasting: (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider, However, this exclusion: does not apply to Paragraphs 14.a_, b. and c, of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links; or advertising. for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. (11) Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control, (12) Unauthorized Use Of Another's Name Or Product Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or rnetatag. or any other similar tactics to mislead another's potential customers. (13) Pollution Arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" a' any time, g Insurance Services Office, Inc.,2012 Page 7 of 18 (14) Employment-related Practices To: (a) A person arising out of any: (i) Refusal to employ that person; (ii) Termination of that person's employment; or (iii) Employment-related practices, policies. acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, hara55fnt;nl, humiliation, discrimination or malicious prosecution directed at that person; or (b) The spouse. child, parent, brother or sister of that person as a consequence of "personal and advertising injury"' to that person at whom any of the employment-related practices described in Paragraph (i), (ii) or (til) above is directed. This exclusion applies whether the injury - causing event described in Paragraph (1), (II) or (oil) above occurs before employment. during employment or after employment of that person. This exclusion applies whether the insured may he liable as an employe, or in any other capacity, and to any obligalion to sham damages. with car repay someone else, who most pay damages because of the injury. (15) Professional Services Aris,nct cut of the rendering of or failure to 'cancer any professional service. This includes but is not limited to: (a) Legal, accounting or advertising 50rviCeS, (b) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions. reports, surveys, field orders, change orders or dtawirtis or specifications: iospertinr, supervision, quality control, airhitcctu'al or engineering activites done by or for you on a project on which you serve as construction manager; (d) Ene,inc,ering services, including related supervisory or inspection services; (e) tvleciicai, surgical, dental. X-ray or nursing services irrnirnent. advice or instruction; (c) Page 8of18 (f) Any health or therapeutic service treatment, advice or instruction: (g) Any 5ervice, treatment, advice or instri Von for tfte purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy, (h) Arty service, treatment, advice or instructtcin relating to physical fitness. including service, treattnent, advice or instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training programs; (i) Optometry or optical or hearing aid services including the prescribing, put=i.n anon, fitting. demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (i) (k) Services in the practice of pharmacy: (1) Law enforcement or firefighting services; and (rn) Handling, embalming, disposal, burial, cremation or disinterment of dead bodies, This exclusion applies even if the claims against any insured allege negligence or ether wrongdoing in the supervision, hiring, employment. training or monitoring of others by that tnsured, if the offense which caused the "personal and advertising injury', involved the rendering of or failure to render any professional service, (16) War However caused. arising, directly or ndirectly, out of; Body piercing services; (a) (b) (c) War, including undeclared or civil war; Warlike action by a military force, including action in hindering or defending against al actual r2r expected attack, by any government, sovereign or other authority using, military personnel or other agents; or insurrection, rebellion. revolution, usurped power, or action taken by governmental ,iuthurity in hindering or dmr-ndinq ,3garnst any of these. insurance Bemires Office, Inc ,2012 CU 00 01 04 13 (17) Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate: (a) I he Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (b) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; (c) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (d) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination: disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. b, "Pollution cost or expense". SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend, when the duty to defend exists: a. All expenses we incur. b. Up to $2,00() for cost of bail bonds (including bonds for related traffic law violations) required because of an "occurrence" we cover. We do not have to furnish these bonds. c. Tire cis; or boards to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to tarnish these bonds. d. An reasonable expenses incurred by the insured at our request to assist us rn the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of tine off from work, e. All count costs taxed against the insured in the "suit", However, these ,payments do not include attorneys' fees or attorneys' expenses taxed against the insured CU 00 01 04 13 f, Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an otter to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment Olaf 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 insurance. These payments Trilf not reduce the limits of insurance. 2. When we have the right hut not the duty to defend the insured and elect to participate in the defense, we will pay our own expenses but wit not contribute to the expenses of the insured or the "underlying insurer"_ 3. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit". we will defend that indemnitee if all of the following conditions are met: a. The "suit' against the indemnitee seeks damages for which the insured has assumed the liability of the indernnitee in a contract or agreement that is an "insured contract"; b.. This insurance applies to such liability assumed by the insured: c. The obligation to defend, or the cost of the defense of, that indernnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence- are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indernnitee and the insured ask us to conduct and control the defense of that indemnitee against such "snit" and agree that ,,ve can assign the same counsel to defend the insured and the indernnitee; and 1, The indemnitee; (1) Agrees in \ "ritinq to; (a) CoopeIEIte with us in Ilse investigation, settlement or defense of the "suit"; (la) Immediately send us copies of any demands. notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and nsi:ranr e. Services Office.:uc.:2012 Page 9 of 18 (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee: and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of th indemnitee in such "suit'. So tong as the above conditions are met, ;Attorneys" tees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us ,end necessary litigation expenses incurred by the indemnitee al our request will be paid as Suppternentary Pay merits. Notwithstanding the provisions of Paragraph 2.b,(2) of Section 1 Coverage A — Bodily Injury And Property Damage Liability. Such payment:; will not be Ile emee i to be damages for "bodily injury` and "property damage" and will not reduce the limits of insurance, Our obligation to defend an insured's indemnitee rata to pay for attorneys' fees and necessary li1igtrtiun expenses as Supplementary Payments eids when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION If — WHO IS AN INSURED 1. Except for liability arising Out of the owneiship, maintenance or use of 'coveted autos": a. If you are designated in the Declarations as: (1) An individual, you and your spouse are insureds. but only With re5pecl. to the conduct of a business of which you are the sole owner. (2) A. partnership or joint venture, you are an insured. Your members, your partners, rind their spouses are also insured, but only with respect to the conduct of your business (3) A limited liability company, you are an insurcel. You' members are also insureds, but any vvith respect to the conductof your business `i/our managers are insureds, but only with respect to their duties as your managers_ (4)An organieation other than a partnership, Joint ,n•nterre or lieeted babble co—vilely. you are an insured, Your "executive officers" directors are insureds, nut only with respect to their duties as your officers or directors, Your stockholders are also insureds, bet only with respect _o their liability as stockholders_ Page 10of18 (S) A trust, you are an insured. Your trustees are also insureds, but only with respect to their dune's as trustees. b. Each of the following is also an insured: (1) Vote "volunteer Wrekeis" only while tistrfoie ling .pities related to the conduct of your business, or your "employees", other than ether 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 ignited 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" are insureds for, (a) "Bodily injury" or "personal and advertising injury": (1) To you. to your partners or members (if you are a prartncrship or taint venture), to your members (if you are a limited liability company), to a co. "employee" in the cuurse of his or her employment or performing duties related to the conduct of your business or to your other "volunteer Workers" while performing duties related to the conduct of your business: (if) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer vrorker" as a consequence of Paragraph (a)(i) above; or (iii) For ,,vhfch there is any obligation to share damages with or repay someone else who must pay carnage because of the injury described in Paragraph (a)(i) or (ii) above. (b) "Property damage" to property: (1) Owned, occupied or used by; (ii) Rented to, in the retie, r,ustody or r:o rtrol of, or over which physical control is being exercised for any purpose by; you, any Of your "employe;e_s", "volunteer workere", any partner or member (if you are a partnership or joint venture), or any nen 'bee (if you are a lirnited liability company). (2) Any person (other than your "employee" or "vOlt:ntCCr worker"), or any organization while acting as your real estate manager. r Insurance Services °tri^. Inc: -.201 2 CU 00 01 04 13 (3) Any person or organization having proper temporary custody of your property if you die, but only: (a) With respect to liability arising out of the maintenance or use of that property; and (b) Until your legal representative has been appointed. (4) 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 Coverage fart, c, 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: (1) Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; (2) Coverage A does not apply to "bodily injury" or "property damage' that occurred before you acquired or formed the organization; and Coverage 8 does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership, maintenance or use of "covered autos": (3) a. You are an insured. b. Anyone else while using with your permission a "covered auto" you own, hire or borrow is also an insured except: (1) The owner or anyone else from whom you hire or borrow a "covered auto". This exception does not apply if the "covered auto" is a t-ailer or semitrailer connected to a "covered auto" you owri. (2) Your "employee" if the "covered auto" is owned by that "employee" or a member of his or her household. Someone using a "covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours, (3) CU 00 01 04 13 (4) Anyone other than your "employees", partners (if you are a partnership). members (if you are a limited liability company). or a lessee or borrower or any of their "employees", while moving property to or from a 'covered auto", (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a "covered auto" owned by hien or her or a member of his or her household, "Employees" with respect to "bodily injury" to: (a) Any fellow "employee" of the insured arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or (b) The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph (a) above, c. Anyone 'iable for the conduct of an insured described above is also an insured, but only to the extent of that liability. 3. Any additional insured under any policy of "underlying insurance" will automatically be an insured under this insurance. Subject to Section III -- Limits Of Insurance, if coverage provided to the additional insured is required by a contract or agreement, the rltast we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement, less any amounts payable by any "underlying insurance": or b. Available under the applicable Limits of insurance shown in the Declarations; whichever is less. Additional insured coverage provided by this insurance will not he broader than coverage provided by the "underlying insurance'. 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 15 not shown as a Named Insured in the Declarations. (6) C' Insurance Services Office, inc.,2012 Page 11 of 18 SECTION 111 - LIMITS OF INSURANCE 1. The l imits of Insurance shown in the Declarations and the rules below fii. the most we will pay regardless of the number of: a. Insureds: b. Claims made, "suits" brought. or number of vehicles involved; or c. Persons or organizations making claims or bringing "suits", 2. The Aggregate Limit is the most we will pay for the Burn of all 'ultimate net loss" tinder; a, Coverage A, except ''ultimate net loss" because of "bodily injury" or "property damage" arising out of the ownership, maintenance or use of a "covered auto": and b, Coverage B. 3. Subject to Paragraph 2, above, the Each Occurrence Limit is the most we will pay for the sum of all "ultimate net lose" under Coverage A because of all "bodily injury" and 'property damage" arising out of any one "occurrence". 4. Subject to Paragraph 2. above. the Personal And Adviertising Injury l rmil is the most we will pay under Coverage B for I.he stun of all 'ultimate net loss" because of all "personal and advertising injury" sustained by any one person or organization. 5. if there is "underlying -insurance" will a policy period 'that is nonConCunetlt with the polity period of this Commercial Liability Umbrella Coverage Part, the "retained limit(s)" will only be redacc.d or exhausted by payments for: a. "Bodily injury" or "property damage" which occurs during the policy period of this Coverage Pari; or b. "Personal and advertising injury" for offenses that are committed during the policy period of this Coverage Part. However, if any "underlying insurance is written on a claims -made basis. the "retained limit(s)" wilt only be reduced or exhausted by claims for that insurance that are mute during the policy period, or any Extended Reporting Period, of this Coverage Pa+t. f+r Aggmgme described in Paragraph 2. tlac,vc, al}plrr . tic:p"1r..e Iy to r.:.rch consecutive annual period e.1nd 1G Orly Inrailining period of less 'han 12 lounge_, stoning mill the heginnir-g of the policy period ssho n in they Der ldidtiorrs, sinless Ilre policy period is exit:mr:le:1 ,sloe, i°•suance lot air ddditiotrul period cit lr_ ;s ttr,sn t) months. In Ihat. c -:se,, the acIdiiir�rtril period will 1-3r par! of tlu it l lir€,_cr.fintr lir •:..ci of determining the Limits of insurance. Page 12 of 18 SECTION IV— CONDITIONS 1. Appeals 11 the "Underlying insurer or insured elects not to dlrrlrrtal a judgment le excess of the "retained limit", we may do so at ortr own expen!e. We will also pay for taxable court costs, Inti'•- dlirt post;uL,+lrnetlt interest anti distrt!rsements :associated with such appeal, In no event will this provision in"e.:2,,r' our liability beyond the applicable Limits of Inslii,loc0 described in Section 111— Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the 'underlying insurer" will not relieve us of our obligations under this Coverage Part, However, this insurance will not replace the ''undo riyincl insurance" in the event of hza i ;rtipt y or insolvency of the. "underlying insurer` Thik insurance will apply as if the •'unrlerlying insurance" were in full effect. 3, Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as pract!c�tble of an "occurrence" or an offense., regardless of the Eintorint, which may result in a claim, 'lo the -extent possible. notice shoi.Id include: (1) How. when and where the "occurrence" or offense took place; (2) lite mantes and addresses of any injured persons and witnesses: and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. if a claim is made or "suit" is brought against any insured, you must: (1) immediately record the specilics of the claitrr or "suit" and the note recc_i.eed; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claire or "suit" 3$ soon as practicable. c. You ano any other involved inmured roust: (1) Immediately send us copies demands, notices, summonses papers received in connection claim or of any or legal with the :r' Irsurance Services Office, Inc.,2012 CU 00 01 04 13 (2) Aulliorizc us to obtain records and other inform -tion; (3) Cooperate with us in the investigation or settlement of ihe, claim or defense se against the "suit"; and (4) Assist us, upon our request, n the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 4. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwse bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. 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 damages that are not payable under the terms of this Coverage Part or that a;e in exrzess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative, 5. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether prirrarV. excess, contingent or on any other basis. This condition will not apply to insurance .specifically written as excess over this Coverage Pait, When this insurance. is excess, we will tiave no duty under Coverages A or B to defend the insured against any "suit' if any other insurer has a duty to defend the Insured against that "suit". if no other ensurer defends, bti'e arilf undertake to do so, but we will be entitled to the insured's rights against ail those other insurers. b. When this insurance is excess over other insurance, We wi•I tray only our share of the "ultimate net ions" that exceeds the sum of: (1) 'he total amount that all such other insurance would pay for the toss in the absence of the insurance provided under this Coverage Part; and Cif 00 01 04 13 (2) The total of all deductible and self-insured amounts under ail that other insurance. 6, Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates, b. Premium shown in chis Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the eamed premium for that period and send notice to the first Narned Insured, The due date for audit and retrospettive premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium; we will return the excess to the first Named insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request, 7. Representations Or Fraud By accepting this policy, you agree: a. The statements in the Declarations aro accurate and complete: b. 'hose statements are based upon representations you made to us: c. We have issued this policy in reliance upon your representations; and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part 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 claim is made or 'skit" is brought. 9, Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under Ibis Coverarie Par, those rights are transferred to us. The insured roust do nothing after loss to impair them At our request, the insured will bring "suit" or transfer those rights to U5 and help us enforce them, insLrance Services iThice, inc. 2012 Page 13 of 18 10 -When We Do Not Renew If we flecide not to review this Coverage Part, we will mail cr deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 11.Los s Payable Lability under this Coverage Part does not apply to a given claim unless and until; a, The insured or insured's "underlying insurer" has become obligated to pay the "retained limit": and b. The obligation of the insured to pay the "ultimate net loss" in excess of the "retained limit" has been determined by a final settlement or judgment or written agreement among the insured. claimant and us - 12. Transfer s.12.Transfer Of Defense When the underlying limits of insurance have been used up in the payment of luricjrrents or Settlements, the duty to defend will 'be tracsfcrred to us, We will cutalpercite in the transfer of control to us of any outstanding claims or "wits" ,Seeking damages to wrric:h ih13 insurance applies which would have been covered by the "underlying insurance" had the applicable limit not been used up, 13. Maintenance Of/Changes To Underlying insurance Any "underlying insutarice" rriust ne maintained in full effect without reduction of coverage or limits except for the reduction caf the aciclreoate limit in aceord;ance with the provisions of such 'underlying ir,•,{maned•" that result=, froth payr•nr•rnt of claims, settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain "underlying insurance". Failure to maintain "underlying insuran..c:" iwili not invalidate insurance provided under this Coverage Part, but insurance provided under this Coverage Part krill apply as if the "underlying irsurance" were in full effect. If there is an increase in the scope of coverage of arty 'underlying deriying insurance' wring the terns of this policy our liabil,ly will be no mere than it would have be=en it there had been no such increase. '/'u ,nu .t notify lis in writing, as soon a5 practicable, if any "underlyinn insurran[e" i5 ;"rnl.elled, IRA rOpliace.d or o1herVrisc terminated, or if the limits or scope of coverage of any "underlying insurance" is changed. Page 14 of 18 14. Expanded Coverage. Territory a. 11 a "suit" is brought in a part of the "coverage territory" that kit outside the United States of Americ, (intltidki. Its territories anrt possess'ons), Puerto Rico or Canada, and we arc prevented by law, or otherwi;.e. from defending the insured, the insured will in tiate a defense of the "suit". We will reimburse the insured, under Supplementary Payments, for any reasonable and necessary expenses incurred for the defense of a "suit" seeking damages to Which this Insurance applies, that we would have paid had we been able to exercise our right and duty to defend. 11 the insured becomes legally obligated to pay sums because of darnages to which this in�urattr.e iippIieL, in a part of the °coverage territory" that is outside the united States of America (including its territories and possessions), Puerto Rico or Canada, and we are presented by law, or otherwise, from paying suet, sums on the insured's behalf, we will reimburse the insured for such sums. b. All payments or reimbursements we maake for damages because of judgments or settlements will be made in U.S, currency at the prevailing exchange rale at the time the insured became legally obligated to pay such sums. All payments or reimbursements we make for expenses under Supplementary Payments mill be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. c. Any disputes between you and us as to whether Mete is eoverage under this policy must be filed in the courts of the United State, of America (including its territories and possessions), Canada or Puerto Rico. d. The insured must fully maintain any coverage acquired by law, regulation or other governmental authority doling the policy period. except for reduction of the aggregate limits due to payments of claims. judgments or settlewenls. F4iivrc t0 maintain such coverage required by law. regul slion or other governmental .nulhor,ty will not invalidate insrr,rnre, tirivrievor. this insurance will apply as If the required coverage by saw, regulation or other governmental authority was in full effect, '. insurance Services Office. inc. ,2012 CU 00 01 04 13 SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the inernet or on similar electronic means of communication: and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2, "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 =s subject to a cornpulsor'y or financial responsibility !aw or other motor vehicle 'insurance law where it is licensed or principally garaged. However, "auto' does not include "mobile equipment", 3. "Bodily injury" means bodily injury. disability. sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury' includes mental anguish or other mental injury resulting from "bodily injury'. 4. "Coverage territory" means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. 5. 'Covered auto" means only those "autos" to which "underlying insurance' applies. 6. "Employee" includes a "leased worker'. "Ernptuyee" does not include a "temporary worker'. 7. "Executive officer" means a person holding any of the nf!ir.er positions created by your charter, constitution, bylaws or any other similar governing document. 8. "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 b. You have failed to fulfill the terms of a contract or agreement: Cu 00 01 04 13 if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work", or your fulfilling the terms of the contract or agreement. 9. "Insured coetract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemniles 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 "ipSUred c9ntfact"; b. A sidetrack agreement; E. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality: e. An elevator maintenance agreement; f. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or (Case, by you or any of your "employees" of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". 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" or "property 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. Paragraphs f. and g. do not include that part of any contract or agreement: (1) That indemnifies a iailroad for "bodily eijury" or "property damage." arising out of construction or demolition operations, within 50 feet of any railroad property and altectung any railroad bridge or trestle. tracks, road -beds, tunnel, underpass or crssing: (2) T h,.at pertains to the loan, lease or rectal of an "auto'' to you or any of your ..employees", if tate 'auto" is loaned. leased or recited with a driver: or J• <: Insurance Services Oiiicc, Irrc-,2012 Page 15 of 18 (3) That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a "covered auto" over a route or territory that person or organization is aiuthorized to serve. by public authority. 10.1.eased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor teasing firm, to perform duties related to the conduct of your bUs+ness, 1 eased worker" does not include a "temporary worker"', 11.1 oading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft. watercraft or "auto": b. While it is in or on an aircraft, watercraft or "auto": or c. While it is being moved from an aircraft, watercraft or "auto" to the p ace where it is finally delivered: but "loading or unloading' does not °tndude the movement of property by means of a mechanical device. other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12. "Mobile equipment" means any of the fcillowing types of land vehicles, including any attached machinery or equipment: a, Bulldozers, farm, machinery. forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler heads: d. Vehicles, whether self-propelled or not, rraaintamed primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; nr (2) Road constrv.tion or resurfacing equipment such as traders. scrapers or roiters; e. Vehicles not described in Paragraph a„ b„ c, or d. above that are not self-propelled and are maintained prirrrarilti, to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generator, inciudinq Apr lying, welding, building cleaning, gc•nphy•-,tcal enplor'ation, lighting and well servicing equipment: or (2) Cherry pickers and Similar devices ower to raise or lower workers Page 16 of 18 f, Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo, However, sett -propelled vehicles with the following types of permanently attached equipment are not "mobile equipment' but will he considered "autos': (1) Equipment designed primarily for: (a) snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning: (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers: and (3) Air conipressars, pumps and generators, including spraying. welding, building cleaning, geophysical exploration. lighting and well Servicing equipment. However, "mobile equipment" does not include ;and vehicles that are stibiect to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. l and vehicles subject to a compulsory or firiar,Lial responsibility law or other motor vehicle insurance law are considered "autos". 13."Occurrence" means an accident, including continuous or repeated exposure to substantially the. some general harmful conditions. 14."Personal and advertising injury means injury. including consequential 'bodily injury", arising out of one or more of the following offenses'. a. b. False arrest, detention or imprisonment; Malicious prosecution: c. The wrongful eviction from, wrrntjful entry into, or Invasion of the right of private occupancy of a room, dw.,llmg or premises that a person occupies, committed by or on behalf of its owner. landlord or lessor; 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 rnanrte_r, of material that violates a person's ri fht of privacy: f. The use of another's advertising idea in your "advertisement"; or g, Infringing upon ancrtli is copyright, trade dress or slogan in your "aciv:,rt•sement", ;c Insurance Servit.es, Office, Inc.,2012 CU 00 01 04 13 15."Pollut,ants" mean any solid, liquid. gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled. reconditioned or reclaimed. 16,"Pollution cost or expense" means any toss, cost or expense arising out of any: a, Request, demand, order or statutory or regulatory requirement that any insured or others rest for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". 17. "Products -completed operations laurel": a, Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession: or (2) Work that has not yet been completed or abandoned, However, "your work" will be deemed completed at the earliest of the toiloyring times: (a) When ala of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has t=een completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to it' 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. b. Does not include "buddy injury" or "property damage" arising out of (1) The transportation of property, .Jnless the injury or damage arises out of a condition in or on a vehicle nor owned or operated by you, and that condition was created by the "loading or unloading" of alai vehicle by any intiltred; or CU 00 01 04 13 (2) The existence of tools. uninstalled equipment or abandoned or unused matenal5, 18."Property damage" means: a. Physical injury to tangible property. including ail resulting loss of use of that property. All such toss of use shalt be deemed to occur at the time of the physical injury Haat caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that cnu ed it, With respect to the ownership, maintenance or use of "coverer autos", property damage also includes "pollution cost or expense", but only to the extent that coverage exists under the "underlying insurance" or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance, with respect to other than the ownership, maintenance or use of "covered autos". 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. 19."Retained limit" means the available limits of "underlying insurance" scheduled in the Declarations or the "self-insured retention", whichever applies. 20."Seta-insured retention" means the dollar amount listed in the Detearations that will be paid by the insured before this insurance becomes applicable only with respect to "occurrences" or offenses not covered by tile "underlying insurance". The -self- insured retention" does not apply to "occurrences' or offenses which would have been covered by "underlying insurance" but for the exhaustion of applicable limits. 21, "Suit" means a civil proceeding in which damages because of "bodily injury" "property damage" or "personal and aclvertisinc injury" to which this insurance applies are alleged, "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with aur consent; Or Insurance Services Office. Inc ,2 012 Page 17 of 18 b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the inured submits with our consent or the "underlying insurer's" Consent. 22,"Ternk rary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet .seasonal or sf'rttrt- terrn workload conditions. 23."Ultimate net loss" means the total sum, after reduction for recoveries or salvages collectible_, that the insured becomes legally QpligatO IP pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the "underlying insurer's" consent. 24, "Undlerlying insurance" means any policies of inst:Yance listed in the r e.rlarations under the Schedule of "underlying insurance". 25."tlnerlying insurer" means any insurer who provides any policy of trsurance listed in the Schedule of "underlying insurance". 26. "Volunteer worker" means a person who is not your "employee'', and who donates his or her work and acts al 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. 27."Your product": a. Means: (1) Any yonds or products, other than real property, manufactured, sold. handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) rA prr -,r in or oryani nron whose business or assets you hove acquired: and (2) Containers {other than vehicles), materials, parts or equipment furnished in connection with such goods or products, Page 18 of 18 b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or Located for the use of others but not sold. 28. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes- (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work`; and (2) The providing of or failure to provide warnings or instructions. t4 Insurance Services Office, inc..2012 CU 00 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATI ON, NONRENEWAL OR MATERIAL CHANGE - THIRD PARTY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM Subject to the cancellation provisions of the Coverage Form to which this endorsement is attached, we will not: 1. Cancel; 2. Nonrenew; or, 3. Materially change (reduce or restrict) this Coverage Form, except for nonpayment of premium, until we provide at least 60 days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. Such notice will be by certified mail with return receipt requested. This notification of cancellation, nonrenewal or material change to the person or organization named in the Schedule is intended as a courtesy only. Our failure to provide such notification will not: 1. Extend any Coverage Form cancellation date; 2. Negate the cancellation as to any insured or any certificate holder; 3. Provide any additional insurance that would not have been provided in the absence of this endorsement; or 4. Impose. liability of any kind upon us. This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or protection under this Coverage Form. SCHEDULE Name Of Person Or Organization Any person or organization holding a certificate of insurance issued for you, provided the certificate: 1. Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy IL 70 66 07 14 Mailing Address The address shown for that person or organization in that certificate of insurance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATI ON OR NONRENEWAL - THIRD PARTY This endorsement modifies insurance provided under the following: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Subject to the cancellation provisions of the Policy to which this endorsement is attached, we will not: 1. Cancel; or 2. Nonrenew this Policy, except for nonpayment of premium, until we provide at least 60 days written notice:of such cancellation or nonrenewal. Written notice will be to the person or organization named in the Schedule. Such notice will be by certified mail with return receipt requested. This notification of cancellation or nonrenewal to the person or organization named in the Schedule is intended as a courtesy only. Our failure to provide such notification will not: 1. Extend any Policy cancellation date; 2: Negate the cancellation as to any insured or any certificate holder; 3, Provide any additional insurance that would not have been provided in the absence of this endorsement; or 4. Impose liability of any kind upon us. This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or protection under this Policy. SCHEDULE Name Of Person Or Organization Mailing Address Any person or organization holding a certificate of insurance issued for you, provided the certificate: 1. Refers to this policy; 2: States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or brokers office for this policy WC 99 06 45 07 14 The address shown for that person or organization in that certificate of insurance • "Issued in Duplicate" 00 6116 PAYMENT BOND BOND NO. 022056393 Contractor as Principal Name: PLW Waterworks, LLC Mailing address (principal place of business): 1725 Hushes Landing Blvd., Ste. 1200 The Woodlands, TX 77380 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: E16427 O.N. Stevens WTP Maintenance Building Award Date of the Contract: November 7.2017 Contract Price: 51,662,390.00 Bond Date of Bond: November 17, 2017 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: Liberty Mutual Insurance Company Mailing address (principal place of business): 175 Berkeley Street Boston, Massachusetts 02116 Physical address (principal place of business): 175 Berkeley Street Boston, Massachusetts 02116 Surety is a corporation organized and existing under the laws of the state of: Massachusetts By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 617-357-9500 Telephone (for notice of claim): 617-357-9500 Local Agent for Surety Name: Tannis Mattson Address: Marsh USA, Inc. 500 Dallas Street, Suite 1500 Houston, Texas 77002 Telephone: 713-276-8528 Email Address: tannis.n.mattson@marsh.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form E16427 O.N. Stevens WTP Maintenance Building 006116-1 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 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance ith the provisions of said Chapter to the same extent as if it were copied at length herein. V-nue shal lie exclusively in Nueces County, Texas for any legal action. Contractor as Pri •, 1 Signature: 1l Surety Signature: ASL Name: Atul a Name: / Adrienne C. Stevenson Title: President Title: Attorney-in-Fact Email Address: waterworksbids@pepperlawson.com Email Address: adrienne.c.stevenson@marsh.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form E16427 O.N. Stevens WTP Maintenance Building 006116-2 7-8-2014 ACKNOWLEDGEMENT FOR PRINCIPAL ACKNOWLEDGEMENT FOR PRINCIPAL IF LIMITED LIABILITY COMPANY STATE OF Texas } COUNTY OF Montgomery } ON THE 20th DAY OF November , 2017 BEFORE ME PERSONALLY APPEARED Atul Raj , TO ME KNOWN AND KNOWN TO ME TO BE THE President OF PLW WATERWORKS, LLC, A LIMITED LIABILITY COMPANY, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY. ANNA E HEULE Notary ID #131029938 My Commission Expires March 3, 2021 Anna E. Heule Notary Public STATE OF ILLINOIS COUNTY OF COOK I, C.R. Hernandez , a Notary Public in and for said County, do hereby certify that Adrienne C. Stevenson as Attorney -in -Fact, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed, sealed, and delivered said instrument for and on behalf of LIBERTY MUTUAL INSURANCE COMPANY for the uses and purposed therein set forth. Given under my hand and notarial seal at my office in the City of Chicago in said County, this 17th day of NnvPmhPr A.D. 2017 Notary Public C R HERNANDEZ Official Seal I Notary Public - State of Illinois 1 My Commission Expires Jun A, 2020 ♦0 G rn N 2 co"a ✓ 0) m O� L > c "fA O � o co tr ch t E :0v Ti > m O L Zv THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney Limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7862608 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the taws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Adrienne C. Stevenson; Amy B. Wickett; C. R. Hemandez; Gabriel Jacquez; John K. Johnson; Katherine J. Foreit; Triniy Garcia all of the city of CHICAGO , state of IL each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 14th day of August , 2017 , STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY By: The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican Insurance Company David M. Care ,Assistant Secretary On this 14th day of August , 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. P PAS> COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Upper Merlon Twp., Montgomery County My Commission Expires March 28, 2021 Member. Pennsytvania Association at Notaries B gdig, Teresa Pastella, Notary Public This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. - Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and bipdiag upon time Company with the same force and effect as though manually affixed. ° ; .:. C• 0 ` ,-: ' • , I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West rn2rtcavInsuraftoe,'Gomjxtny"do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said eoiiiparites, is in full force aMd effect and has not been revoked. Z(} • IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 17 day of N o v e m LMS_12873 022017 192 of 250 "Issued in Duplicate" 00 6113 PERFORMANCE BOND BOND NO. 022056393 Contractor as Principal Name: PLW Waterworks. LLC Mailing address (principal place of business): 1725 Hughes Landing Blvd., Ste. 1200 The Woodlands. TX 77380 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: E16427 O.N. Stevens WTP Maintenance Building Award Date of the Contract: November 7, 2017 Contract Price: $1,662,390.00 Bond Date of Bond: November 17, 2017 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: Liberty Mutual Insurance Company Mailing address (principal place of business): 175 Berkeley Street Boston, Massachusetts 02116 Physical address (principal place of business): 175 Berkeley Street Boston, Massachusetts 02116 Surety is a corporation organized and existing under the laws of the state of: Massachusetts By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 617-357-9500 Telephone (for notice of claim): 617-357-9500 Local Agent for Surety Name: Tannis Mattson Address: Marsh USA, Inc. 500 Dallas Street, Suite 1500 Houston, Texas 77002 Telephone: 713-276-8528 Email Address: tannis.n.mattson©marsh.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond E16247 O.N. Stevens WTP Maintenance Building 006113-1 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 if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal acti n. Contractor as Pri ' 1 Signature: Surety Signature: l� ig_ Name: Atul Raj � Name: Adrienne C. Stevenson Title: President Title: Attorney -in -Fact Email Address: waterworksbids@pepperlawson.com Email Address: adrienne.c.stevenson@marsh.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond E16247 O.N. Stevens WTP Maintenance Building 006113-2 7-8-2014 ACKNOWLEDGEMENT FOR PRINCIPAL ACKNOWLEDGEMENT FOR PRINCIPAL IF LIMITED LIABILITY COMPANY STATE OF Texas } COUNTY OF Montgomery } ON THE 20th DAY OF November , 2017 BEFORE ME PERSONALLY APPEARED Atul Raj , TO ME KNOWN AND KNOWN TO ME TO BE THE President OF PLW WATERWORKS, LLC, A LIMITED LIABILITY COMPANY, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY. ANNA E HEULE Notary ID #13102993B My Commission Expires s �'.�1+` March 3, 2021 o Anna E. Heule Notary Public STATE OF ILLINOIS COUNTY OF COOK I, C.R. Hernandez , a Notary Public in and for said County, do hereby certify that Adrienne C. Stevenson as Attorney -in -Fact, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed, sealed, and delivered said instrument for and on behalf of LIBERTY MUTUAL INSURANCE COMPANY for the uses and purposed therein set forth. Given under my hand and notarial seal at my office in the City of Chicago in said County, this 17th day of NovpmhPr A.D. 2017 Notary Public C R HERNANDEZ Official Seal tNotary Public - State of Illinois My Commission Expires Jun P, 2020 ry=v9 Yrs ,. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7862608 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name. constitute and appoint, Adrienne C. Stevenson; Amy B. Wickett; C. R. Hernandez; Gabriel Jacquez; John K. Johnson; Katherine J. Foreit; Triniy Garcia all of the city of CHICAGO , state of IL each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 14th day of August , 2017 . STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 14th day of August , 2017 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. ss The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: David M. Care (ssistant Secretary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pasteila. Notary Public Upper Merron Twp., Montgomery County My Commission Expires March 28, 2021 Member, Pennsylvania Assockltion et Notaries By: gdie-11, Teresa Pastelia, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV—OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact. subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board. the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact. as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and bgmding upon the Company with the same force and effect as though manually affixed. `. < <� :; �: I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and WeOitnaacen Insurapoe;'Gomiany- do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said.Lo(pariles, 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 1.7 day of N o v e m h . - , Zt? j: LMS_12873_022017 By: co co N d To to C —o c.)N >P C E L 0a eco O� C 3m of eco O .0 O OC .� m W et Eg N 4t-: Oo 00 Vt- 0 Renee C. 192of250 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-264434 Date Filed: 09/22/2017 Date Acknowledged: 2017.11.21 13:59:05 -06'00' 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Pepper Lawson Waterworks, LLC The Woodlands, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. The City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16427 O.N. Stevens WTP Maintenance Building ¢ Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Cadagua US, LLC Austin, TX United States X Webber, LLC The Woodlands, TX United States X 5 Check only if there is NO Interested Party. ■ 6 AFFIDAVIT 1gtvPO), 1 AFFIX Sworn 20 17 I swear, or affirm, un penalty of perjury, that the above disclosure is true and correct. Emilio Lopez Pacetti ANNA E HEULE 41Notary ID #131029938 1►V My Commission Expires 44` March 3,2021 ` 1 Sig ture of authorized agent of contracting business entity Pacetti , this the 22nd day of September, NOTARY STAMP 1 SEAL ABOVE to and subscribed before me, by the said , to certify which, witness my hand Emilio Lopez and seal of office. Anna E. Heule Estimating Coordinator/Notary Signature of o icer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337