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HomeMy WebLinkAboutC2017-533 - 6/8/2017 - NA , , 2017-533 6/08/17 JE Construction Services ("SU!' n. FMAC TASK ORDER AGREEMENT ISM This FACILITIES MULTIPLE AWARD CONTRACT TASK ORDER AGREEMENT(ORDER) is between the City of Corpus Christi, a Texas home-rule municipal corporation (CITY), acting through its duly authorized City Manager or designee, the Director of Engineering Services or City Engineer, and JE Construction Services (CONTRACTOR), acting by and through its duly authorized representative, Grant Dietze (Name), Vice-President (Title). The parties agree as follows: 1. This ORDER is issued under the Facilities Multiple Award Contract Master Agreement signed on July 26, 2016, pursuant to Request For Proposals No. 2016-04. All terms and conditions of the Master Agreement pertain to this ORDER. 2. CONTRACTOR was selected for award of this ORDER under Request for Task Order Proposal (RFTOP) No. _E16300 . 3. CONTRACTOR shall construct and complete certain improvements in accordance with the plans and specifications described in Exhibit "A" (attached and incorporated herein), perform all work as provided in said plans and specifications, and do such additional work as may be considered necessary to complete the work in a satisfactory and acceptable manner (the"Work").The CITY reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable. Authorization for all changes must be made in writing. The CONTRACTOR shall furnish all labor, tools, material, machinery, equipment and incidentals necessary to the prosecution of the Work unless otherwise provided by the written terms of the plans and specifications. 4. The work described in the Task Order documents shall be completed within 30 Calendar Days of Notice To Proceed. 5. In consideration of the completion of the above-described Work, the CITY agrees to pay to CONTRACTOR the amount of NINETY-SEVEN THOUSAND, FIVE HUNDRED AND NO/100 ($97,500.00) for City Project E16300 Fire Station Warehouse Install New Generator. Said payment shall be conditioned upon the acceptance of the work by the CITY as certified by its final inspection following the receipt of notice from the CONTRACTOR that the work is completed and ready for acceptance. Upon completion of work and before acceptance and final payment is made,the CONTRACTOR shall clean and remove from the work site all surplus and discarded materials, temporary structures and debris of every kind in order to leave the work site in a neat, orderly condition, equal to that which originally existed. The CONTRACTOR shall submit a notarized affidavit that bills for all labor, equipment, materials and supplies associated with the project have been paid before final payment is released. Proj E16300 Fire Sta Warehouse Install New Generator pg. 1 Rev 9/2016 EP4DEXED tpV 03 To: BARCOM, CMCI, SPAWGLASS & JE From: Doug Follingstad, FMAC Program Manager Date: August 22, 2016 Subject: Request for Proposal (RFP)-Standby Generator Replacement This is a RFP for the subject project. PROJECT LOCATION: Fire Station Warehouse 1501 Holly Rd, Corpus Christi, TX 78417 SCOPE OF WORK. Project includes installation and commissioning of new natural gas fueled emergency standby generator. Contractor is to coordinate with subs to size generator fuel tank. The contractor is responsible for all materials, labor, and equipment necessary for the supervision, installation, testing, programming, commissioning and training for City representatives. PRE-PROPOSAL MEETING: Date: Monday, August 22nd, 2016 Location: 1501 Holly Rd, Corpus Christi, TX 78417 Time: 1 pm PROPOSAL SUBMISSION REQUIREMENTS: Due Date: Wednesday, August 31 , 2016 Location: City Secretary's Office, City Hall, 1201 Leopard Street Time: 2:OOpm PRICING: Contractor shall submit the proposal form provided as Exhibit 1 in its entirety. All pricing shall be guaranteed for 90-days. The City reserves the right to accept or reject all offers. The following provides more detailed requirements: • Spec out the size of generator needed to take the entire load of facility, fuel tank, and/or generator/tank conversion assembly. Ensure adequate clearance, 1' of concrete around generator/fuel tank assembly for servicing as required. • Install new power cables and grounding with new. • Install piping from gas meter to generator. • Provide new ATS on the load side, verify amps needed, mounted on interior wall. Coordinate with customer where ATS is to be mounted. Preferable mounting location is near main distribution panel. • Specify & verify load calculations for natural gas fueled, Kohler brand generator. • Coordinate with electrical contractor(s) and electric service provider for proper output (kW) capacity determination. • Sizing of the generator must be able to facilitate (energy load) backup power for electrical building & HVAC systems for ten (10) consecutive days. • Ensure that engine exhaust discharges no less than 10 feet away from any wall intakes unless said exhaust discharge outlet is at least 3 feet above intake location(s). • Winning bidder must have local representatives, ready, and able to service the generator. • Contractors and subcontractors shall abide by all current NEC, IBC, NFPA, and OSHA code requirements as required. 1) MATERIAL REQUIREMENTS: Contractor is responsible for all supervision, labor, materials, and equipment to complete the work. This includes but is not limited to software, cables, conduit, switches, raceways, junction boxes, power control panels, etc. The contractor shall also coordinate with Automatic Logic Technologies for facilitating system integration and/or core components and associated software(s) be utilized to this effect. 2) COMMISSIONING/PROGRAMMING REQUIREMENTS: All labor, schematics, and software to develop the lighting management system. 3) TRAINING REQUIREMENTS: Provide training with checklists and instructions to city representatives for the operation and maintenance of the new systems. The training must include familiarization and use of the O&M manuals. 4) ADMINISTRATIVE REQUIREMENTS: • Insurance (Exhibit A) • Performance Bond (Exhibit B) • Wage Rate Requirements (Davis & Bacon Act; Exhibit C) • House Bill 1295 Disclosure Form: Online Filing Process 5) WARRANTY: The contractor shall warranty all materials and workmanship for 1 year. The contractor shall provide all extended warranties offered by the manufacturer with a minimum of 5 years on controllers and major components. 6) PERFORMANCE PERIOD: Contract duration is 30 calendar days for all phases of work to include procurement, delivery, installation and closeout. On-site construction shall commence within 10 calendar days after the receipt of the Notice to Proceed (NTP), and shall be substantially complete within 10 calendar days. Work hours are Monday through Friday, 8am to 5pm. Contract closeout shall be complete within 30 days after substantial completion. Substantial completion is defined as fully operational system with exception to minor corrective actions pending and closeout actions. Contract closeout is defined as submission of all Operation and Maintenance Manuals, Training, and final documentation. 7) LIQUIDATED DAMAGES (LD's): LD's for construction shall be in the amount of $250 per day for each calendar day construction is not complete. LD's for administrative completion of all contract closeout shall be in the amount of $50 per calendar day for each day the closeout submissions and punchlist is not complete within 30 calendar days from construction completion date. 8) PROTECTION OF ADJACENT FACILITIES: Contractor is responsible for protecting all adjoining and adjacent structures, systems and finishes from damage during construction. Any such damage caused by the contractor's actions shall be corrected at no additional cost to the City. 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 E16300—Fire Station Warehouse New Generator 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 E16300—Fire Station Warehouse New Generator 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 E16300—Fire Station Warehouse New Generator 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 E16300—Fire Station Warehouse New Generator 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 E16300—Fire Station Warehouse New Generator 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 E16300—Fire Station Warehouse New Generator 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 E16300—Fire Station Warehouse New Generator 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 E16300—Fire Station Warehouse New Generator 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 E16300—Fire Station Warehouse New Generator 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 E16300—Fire Station Warehouse New Generator Rev 06-22-2016 General Decision Number: TX160342 09/23/2016 TX342 Superseded General Decision Number: TX20150342 State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 1 09/23/2016 BOIL0074-003 01/01/2014 Rates Fringes BOILERMAKER. . . . . . . . . . . . . . . . . . . . . .$ 23.14 21.55 ---------------------------------------------------------------- * ELECO278-002 08/28/2016 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 25.20 7.91 ---------------------------------------------------------------- ENGI0178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane. . . . . . . . . . . . .$ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above. . . . .$ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under. . . . . . . . . . . . . .$ 27.50 10.60 IRON0084-011 06/01/2015 Rates Fringes IRONWORKER, ORNAMENTAL. . . . . . . . . . .$ 23.02 6.35 ---------------------------------------------------------------- SUTX2014-068 07/21/2014 Rates Fringes BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 20.04 0.00 CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER. . .$ 15.33 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) . . . . . . . . . . . . . . .$ 19.77 7.13 IRONWORKER, REINFORCING. . . . . . . . . .$ 12.27 0.00 IRONWORKER, STRUCTURAL. . . . . . . . . . .$ 22.16 5.26 LABORER: Common or General. . . . . .$ 9.68 0.00 LABORER: Mason Tender - Brick. . .$ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete. . . . . . . . . . . . . . . . . .$ 10.58 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 12.49 2.13 LABORER: Roof Tearoff. . . . . . . . . . .$ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe. . . . . . .$ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader. . . . . . . . . . . . . . . .$ 13. 93 0.00 OPERATOR: Bulldozer. . . . . . . . . . . . .$ 18.29 1.31 OPERATOR: Drill. . . . . . . . . . . . . . . . .$ 16.22 0.34 OPERATOR: Forklift. . . . . . . . . . . . . .$ 14.83 0.00 OPERATOR: Grader/Blade. . . . . . . . . .$ 13.37 0.00 OPERATOR: Loader. . . . . . . . . . . . . . . .$ 13.55 0. 94 OPERATOR: Mechanic. . . . . . . . . . . . . .$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 16.03 0.00 OPERATOR: Roller. . . . . . . . . . . . . . . .$ 12.70 0.00 PAINTER (Brush, Roller, and Spray) . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14.45 0.00 PIPEFITTER. . . . . . . . . . . . . . . . . . . . . . .$ 25.80 8.55 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 25.64 8.16 ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 13.75 0.00 SHEET METAL WORKER (HVAC Duct Installation Only) . . . . . . . . . . . . . . .$ 22.73 7.52 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . .$ 21.13 6.53 TILE FINISHER. . . . . . . . . . . . . . . . . . . .$ 11.22 0.00 TILE SETTER. . . . . . . . . . . . . . . . . . . . . .$ 14.74 0.00 TRUCK DRIVER: Dump Truck. . . . . . . .$ 12.39 1.18 TRUCK DRIVER: Flatbed Truck. . . . .$ 19.65 8.57 TRUCK DRIVER: Semi-Trailer Truck. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.50 0.00 TRUCK DRIVER: Water Truck. . . . . . .$ 12.00 4.11 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 00 30 01 Btl3 FORM Project Name: Fire Station Warehouse Install Pad and Generator Project Number: E16300 Owner: City of Corpus Christi Bidder: JE Construction Services OAR:. Des ner. Basis of Bid Item L]FSCRIP7i[Nt uNIT wr PRIcETW-ENDEDAMOLINT MAUTM Base Bid Division 01-General Requirements(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 01.1 General Conditions t5 1 $ 14,000.00 14000 01.2 $ 01.3 $ - 01.4 _ 01.5 $ 01.6 $ 01.7 $ 01.8 $ _ 01.9 $ 01.10 $ SUBTOTAL DIVISION 01-GENERAL REQUIREMENTS(Items 01.1 thru 01.10) $ 1Q,000.00 Division 02-Existing Conditions(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 02.1 $ _ 02.2 $ _ 02.3 $ 02.4 $ - 02.5 $ _ 02.6 $ _ 02.7 $ 02.8 $ _ 02.9 $ 02.10 $ - SUBTOTAL DIVISION 02-EXISTING CONDITIONS(Items 02.1 thru 02.14) $ - Division 03-Concrete(per SECTION 012901 MEASUREMENT AND BASIS FOR PAYMENT) 03.1 $ 03.2 $ _ 03.3 $ _ 03.4 _ 03.5 $ _ 03.6 $ _ 03.7 _ $ 03.8 $ 03.9 $ 03.10 $ _ SUBTOTAL DIVISION 03-CONCRETE{Items 03.1 thru 03.10) $ _ Bld Form Page i of 5 Project Name-Project Number A-01-23•191E 003001 BIR FORM Item DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENDED AMOUNT i I Division 04-Masonry(per SECTION 012901 MEASUREMENT AND BASIS FOR PAYMENT) 04.1 $ - 04.2 $ - 04.3 $ - 04.4 $ 04.5 $ - 04.6 $ 04.7 $ - 04.8 $ - 04.9 $ - 04.10 $ - SUBTOTAL DIVISION 04-MASONRY(04.1 THRU 04.10) - Division 05-Metals(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 05.1 $ _ 05.2 $ 05.3 $ - 05.4 $ _ 05.5 $ - 05.6 $ 05.7 $ - 05.B $ - 05.9 $ - 05.10 $ - SUBTOTAL DIVISION 05-METALS 105.1 THRU 05.10) Division 06 -Wood,Plastic,and Composites(Per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 06.1 $ 06.2 $ 06.3 $ - 06.4 $ 06.5 $ 06.6 $ - 06.7 $ - 06.8 $ - 06.9 $ 06.10 $ - SUBTOTAL DIVISION 06-WORD,PLASTIC,AND COMPOSITES 106.1 THRU 06.10) - Division 07-Thermal and Moisture Protection(per SECTION 0129 0I MEASUREMENT AND BASIS FOR PAYMENT) 07.1 $ - 07.2 $ 07.3 $ - 07.4 $ - 07.5 $ - 07.6 $ - 07.7 $ - 07.8 $ - 07.9 $ - 07.10 $ - SUBTOTAL DIVISION 07-THERMAL AND MOISTURE PROTECTIDN(07.1 THRU 07.10) Bid Farm Page 2 of 5 Project Name-Project Number Rev 01.13.2016 003001 BID FORM Item77 DESCRIPTION UNIT ESTIMATED UNIT PRICE D(TENDED AMOUNT Division 08-Doors and Windows(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) 08.1 $ - 08.2 $ - 08.3 $ - 08.4 $ - 08.5 $ - 08.6 $ 08.7 $ - 08.8 $ - 08.9 $ - 08.10 $ SUBTOTAL DIVISION 08-DOORS AND WINDOWS(08.1 THRU 08.10) $ Division 09-Finishes(per SECTION 012310 ALTERNATES AND ALLOWANCES) 09.1 $ 09.2 $ - 09.3 $ 09.4 $ - 09.5 $ 09.6 $ 09.7 $ - 09.8 $ 09.9 $ - 09.10 $ - SUBTOTAL DIVISION 09-FINISHES(09.1 THRU 09.10) $ - Division 10-Specialties(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) 10.1 $ 10.2 $ 10.3 $ - 10.4 $ - 10.5 $ 10.6 $ - 10.7 - 10.8 $ 10.9 $ 10.10 $ - SUBTOTAL DIVISION 10-SPECIALTIES(10.1 THRU 10.10) $ _ Division 12-Fumishings(per SECTION 012310 ALTERNATES AND ALLOWANCES) 12.1 $ 12.2 $ 12.3 12.4 $ - 12.5 $ _ 12.6 $ - 12.7 $ - 12.8 $ 12.9 $ _ 12.10 $ - SUBTOTALDIVISION 12-FURNISHINGS(12.1 THRU 12.10) $ - Bld Farm Page 3 of 5 Project Name-Project Number 1.0113-2016 00 30 01 BID FORM ItemTDESCRIPTION UNIT ..... TTY UNIT PRICE ©I TENDW AMOUNT Division 22-Plumbing(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) 22.1 Gas Piping LS 1 3700 $ 3,700.00 22.2 $ - 22.3 $ - 22.4 $ - 22.5 $ - 22.6 $ - 22.7 $ - 22.8 $ - 22.9 $ - 22.10 $ SUBTOTAL DIVISION 22-PLUMBING(22.1 THRU 22.10) $ 3,700:00 Division 23-Heating,Ventilating and Air-Condition(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) 23.1 $ - 23.2 $ - 23.3 $ - 23.4 $ - 23.5 $ 23.6 $ - 23.7 $ - 23.8 $ - 23.9 $ - 23.10 $ SUBTOTAL DIVISION 23-HEATING,VELTILA'TING AND AIR-CONDITION(23.1 THRU 2.3.10) $ - Division 26-Electrical(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) 26.1 $ - 26.2 New Generator&Electrical LS 1 791100 $ 79,800.00 26.3 $ - 26.4 $ - 26.5 $ - 26.6 $ - 26.7 $ 26.8 $ - 26.9 $ 26.10 $ SUBTOTAL DIVISION-ELECTRICAL(26.1 THRU 26.10) $ 79,8p0,00 Division 31-Earthwork(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) 31.1 $ 31.2 $ 31.3 $. - 31.4 $ - 31.5 $ - 31.6 $ - 31.7 $ - 31.8 $ - 31.9 $ - 5USTOTAL DIVISION-EARTHWORK(31.1 THRU 31.101 Bid Form Page 4 of 5 Project Name-Project Number Rav 01.11.7016 0030014 D FORM Item DESCRIPTION UNIT ESrINIATED UNITPRICE EXTENDED AMOUNT QUANTITY BID SUMMARY SUBTOTAL DIVISION 01-GENERAL REQUIREMENTS(Items 01.1 thru 01.10) $ 14,000.00 SUBTOTAL DIVISION 02-EXISTING CONDITIONS(Items 02.1 thru 02.10) $ - SUBTOTAL DIVISION 03- CONCRETE(Items 03.1 thru 03.10) $ - SUBTOTAL DIVISION 04-MASONRY(Items 04.1 thru 04.10) $ - SUBTOTAL DIVISION 05-METALS(Items 05.1 thru 05.10) $ - SUBTOTAL DIVISION 06-WOOD,PLASTIC,AND COMPOSITES(items 06.1 thru 06.10) SUBTOTAL DIVISION 07-THERMAL AND MOISTURE PROTECTION(Items 07.1 thru 07.10) $ - SUBTOTAL DIVISION 08-DOORS AND WINDOWS(Items 08.1 thru 08.10) $ - SUBTOTAL DIVISION 09-FINISHES(items 09.1 thru 09.10) $ - SUBTOTAL DIVISION 10-SPECIALTIES(Items 10.1 thru 10.10) $ SUBTOTAL DIVISION 12-FURNISHINGS(Items 12.1 thru 12.10) $ - SUBTOTAL DIVISION 22-PLUMBING(Items 22.1 thru 22.10) $ 3,7{M.00'. SUBTOTAL DIVISION 23-HEATING,VENTILATING,AND AIR-CONDITION(Items 23.1 thru 23.10) $ SUBTOTAL DIVISION 26-ELECTRICAL(Items 26.1 thru 26.10) $ 79,800.00 SUBTOTAL DIVISION 31-EARTHWORK(Items 31.1 thru 31.10) $ - TOTAL PROJECT BASE BID(DIVISION 01 THRU DIVISION 31) $ 97,500.00; Contract Times Bidder agrees to reach Substantial Completion in 180 Jdays bidder agrees to reach Final Completion in I 210 days Notes: 1 Changed contract time due to equipment lead times 2 Entire building power will need to be shut down for one day during installation 3 Price assumes that Corpus Christi Gas Dept.will bring gas service down alleyway and provide meter roughly 10-12 Feet from generator location. This price includes connection from that meter to the unit only per site visit. 4 Conduit to be run exposed 5 No bollards included. 6 No engineering included, 7 No drawings included if required for city permit. 8 Price assumes mounting generator on existing concrete is acceptable per site visit. 9 Project bid solely From PDF document"MEMO TO CONTR RFP FS Warehouse(1)" Bid Form Page 5 of S Project Name-Project Number a.v01-13•2016 mus cr �G A Q FMAC TASK ORDER AGREEMENT f��A9PP A � xe�2 This FACILITIES MULTIPLE AWARD CONTRACT TASK ORDER AGREEMENT (ORDER) is between the City of Corpus Christi, a Texas home-rule municipal corporation (CITY), acting through its duly authorized City Manager or designee, the Director of Engineering Services or City Engineer, and JE Construction Services (CONTRACTOR), acting by and through its duly authorized representative, Grant Dietze (Name), Vice-President (Title). The parties agree as follows: 1. This ORDER is issued under the Facilities Multiple Award Contract Master Agreement signed on July 26, 2016, pursuant to Request For Proposals No. 2016-04. All terms and conditions of the Master Agreement pertain to this ORDER. 2. CONTRACTOR was selected for award of this ORDER under Request for Task Order Proposal (RFTOP) No. _E16300 . 3. CONTRACTOR shall construct and complete certain improvements in accordance with the plans and specifications described in Exhibit "A" (attached and incorporated herein), perform all work as provided in said plans and specifications, and do such additional work as may be considered necessary to complete the work in a satisfactory and acceptable manner (the"Work"). The CITY reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable. Authorization for all changes must be made in writing. The CONTRACTOR shall furnish all labor, tools, material, machinery, equipment and incidentals necessary to the prosecution of the Work unless otherwise provided by the written terms of the plans and specifications. 4. The work described in the Task Order documents shall be completed within 30 Calendar Days of Notice To Proceed. 5. In consideration of the completion of the above-described Work, the CITY agrees to pay to CONTRACTOR the amount of NINETY-SEVEN THOUSAND, FIVE HUNDRED AND NO/100 ($97,500.00) for City Proiect E16300 Fire Station Warehouse Install New Generator. Said payment shall be conditioned upon the acceptance of the work by the CITY as certified by its final inspection following the receipt of notice from the CONTRACTOR that the work is completed and ready for acceptance. Upon completion of work and before acceptance and final payment is made, the CONTRACTOR shall clean and remove from the work site all surplus and discarded materials, temporary structures and debris of every kind in order to leave the work site in a neat, orderly condition, equal to that which originally existed. The CONTRACTOR shall submit a notarized affidavit that bills for all labor, equipment, materials and supplies associated with the project have been paid before final payment is released. Proj E16300 Fire Sta Warehouse Install New Generator Pg. 1 Rev 9/2016 6. All work shall be performed in a workmanlike manner and to the satisfaction of the CITY. The CITY shall determine the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the Work, sequence of construction and interpretation of the plans and specifications. 7. The CONTRACTOR agrees to provide Performance/Payment Bonds and insurance as required and outlined in the Task Order documents. S. The CONTRACTOR shall, at all times, observe and comply with City, federal, state and county laws, ordinances or regulations which in any manner affect the conduct of the Work. The CONTRACTOR shall be responsible for procuring all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work, unless otherwise provided by the written terms of the plans and specifications. 9. This Agreement or the Work provided may not be assigned or subcontracted by CONTRACTOR without the written permission of the CITY. Proj E16300 Fire Sta Warehouse Install New Generator Pg• 2 Rev 9/2016 IN WITNESS WHEREOF this Agreement is executed. CITY OF CORPUS CHRISTI CONTRACTOR: Digitally signed by]eff Edmonds DN:cn=]eff Edmonds,o,—Engineering, email=jeffreye@cctexas.com,c=US Date:2017.01.1111:40:46-06'00' JE Construction Services J.H. Edmonds, P.E. Company Director of Engineering Digitally signed by Grant Dietze Grant Dietze DN ice Grant Dietze n Construction Services,ou,email=grant@jecs.cc,c=US Date:2017.01.04 10:39:57-06'00' Original Authorized Signature Date Print Name and Title Approved to Legal Form: Date 9,_ �t� 2017.01.11 10:29:04 11309 Leopard St., Suite E �` -06'00' Address Janet Kellogg Asst. City Attorney Corpus Christi, TX 78405 City, State, Zip 361/933-0501 Date Phone grant@jecs.cc Email 1020-12010-093 Acct. 530210 Funding Source Proj E16300 Fire Sta Warehouse Install New Generator pg. 3 Rev 9/2016 � PATE(MMIDDIYYYY) AC� �� CERTIFICATE OF LIABILITY INSURANCE 11/1/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER i4 Honey Counts ICSS Insurance Agency PHONE • (972)772-7262 FAX Hot(472)771-4695 .JAM Mn2255 Ridge Road, Ste. 333F-MALADDRE ,hcounts!?kandsins.com P. O. BOX 277 INSURERS)AFFORDING COVERAGE NAIL N Rockwall TX 75087 1 INSURER A FOCI Insurance Group 10178 INSURED INSURERB National Trust Insurance Co. 20141 JE Construction Services LLC INSURERC:Texas Mutual Insurance Co. 22945 11309 Leopard INSURERD.HanOver Insurance Co. 22292 Suite E INSURER 11 Corpus Christi TX 78410 1 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN rSSUED 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 PERTA;N, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN 15 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 POLICY EFF POLICY EXP M (MM0001YYYY) LIMBS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 DAMAGE TO RFNTEY_ A CLAIMS-MADE X OCCUR $ 100,000 GLOO19400 11/2/2016 11/2/2017 MED EXP(Any one S Excluded PERSONAL&AN INJURY S 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER- GENERAL AGGREGATE S 2,000,000 RO- POLICY X JPECT 7 LOC PRODUCTS-COMPIOP AGG $ 2,000,000 OTHER: `1 $ AUTOMOBILE LIABILITY COMBINED INGLE uMIT S 1,000,000 A X ANY AUTO BODILY INJURY(Per person) S X005 OWNED CHHOSULED =00007275 11/2/2016 lir2/2017 BODILY INJURY(Per aoddenii S X HIRED AUTOS X NONAOWNED PROPERTY DAMAGE $ AUTOS S X UMBRELLA LIAR Ld OCCUR EACH OCCURRENCE S 51000,000 B EXCESS LIAR CLAIMS-MADE U200022190 11/2/2016 11/2/2017 AGGREGATE $ 51000,000 DIED I X I R 10,000 S WORKERS COMPENSATION X PE or RT"AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNER/EXECUTIVEE L EACH ACCIDENT S 1,000,0001 OFFICER(MEMBER EXCLUDED? ❑Y NIA A C {Mandstory In NH) 0001306915 5/17/2016 5/17/2017 E.L DISEASE-EA EMPLOYEE S 1,000,001) If yyaesp desulbe under DESCRIPT N F OPERATIONS E.L DISEASE-POLICY LIMB S 1,000,000 D lContractora Equipment IMA75524900 11/2/2016 1112/2017 LeasedlRenled-Max per item 650,000 :1� LeasedlRented-Maxptaerenee 2,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If mare space is required) *SEE ATTACHED PAGE* CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Manager ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 9277 Corpus Christi, TX 78469 AUTHORIZED REPRESENTATIVE Gary Thomp__:n.1C UNTS ®1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD I NS025 round COMMENTS/REMARKS *Additional Insured, Waiver of Subrogation & Primary & Non-Contributory forms #CGL088 1013, CGL 084 1013, CGL 025 1108 applies to the General Liability policy. *Additional Insured, Waiver of Subrogation & Primary & Non-Contributory forms CAU 058 1209 and CAU 042 1208 apply to the Auto Liability policy. *Waiver of Subrogation form #WC 420304B 06/14 applies to the Workers Compensation policy. GENERAL LIABLITY Automatic Additional Insured - Any person or organization whom your required to add as such by reason of a written contract or agreement Primary & Non-Contributory where required by a written contract between the named insured and any person or organization that requires such sta_us. Blanket Waiver of Subrogation as required by written contract between the named insured and any person or organization that requires such status. AUTOMOBILE LIABILITY Additional Insured by Contract - Any person or organization that you are required by a written contract to name as additional insured. Blanket Waiver of Subrogation - We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the "insured contract". Primary & Non-Contributory where required by a written contract between the named insured and any person or organization that requires such status. WORKERS COMPENSATION Blanket Waiver of Subrogation as required by written contract between the named insured and any person or organization that requires such status. UMBRELLA LIABILITY Umbrella policy follows form per attached policy form UMB024 1108. *ALWAYS REFER TO POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS AND EXCLUSIONS. Facilities Multiple Awards Contracts (FMAC) OFREMARK COPYRIGHT 2000, AMS SERVICES INC. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AdditionalInsured Coverage ....................................................................................................................................10 BailBonds...................................................................................................................................................................9 BlanketWaiver of Subrogation.................................................................................................................................16 Bodily Injury and Property Damage............................................................................................................................1 Care, Custody or Control............................................................................................................................................3 Contractors Errors and Omissions .............................................................................................................................7 Contractual Liability(Personal &Advertising Injury) ..................................................................................................2 ElectronicData Liability..............................................................................................................................................1 GeneralLiability Conditions......................................................................................................................................14 IncidentalMalpractice...............................................................................................................................................10 Insured......................................................................................................................................................................10 Limited Product Withdrawal Expense.........................................................................................................................4 Limitsof Insurance....................................................................................................................................................12 Lossof Earnings.......................................................................................................................................................10 Newly Formed or Acquired Organizations................................................................................................................12 Non-Owned Watercraft...............................................................................................................................................1 Property Damage Liability—Borrowed Equipment.....................................................................................................1 Tenant's Property and Premises Rented To You.......................................................................................................9 VoluntaryProperty Damage .......................................................................................................................................2 COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s)to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I -COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury" or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. 2. Non-owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability—Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to"property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for"property damage" to any one borrowed equipment item under this coverage is $25,000 per"occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data"that does not result from physical injury to tangible property. The most we will pay under Coverage A for"property damage" because of all loss of"electronic data" arising out of any one "occurrence" is $10,000. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) We have no duty to investigate or defend claims or"suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V—DEFINITIONS of the Coverage Form: "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. For purposes of this Limited Electronic Data Liability coverage, the definition of"Property Damage" in SECTION V—DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; 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 caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the"occurrence"that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I —COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions—the Contractual Liability Exclusion is deleted. SECTION I —COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for"property damage" caused by an "occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products-completed operations hazard"; f. Motor vehicles; g. "Your product' arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one"occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage)available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the"property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products-completed operations hazard"; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 3 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) e. Motor vehicles; f. "Your product' arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a "seller", we will reimburse you for"product withdrawal expenses" associated with "your product' incurred because of a "product withdrawal"to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses"which are incurred and reported to us within one year of the date the "product withdrawal" was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal"This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw"your products"which contain: (1) The same "defect"will be deemed to have arisen out of the same "product withdrawal"; or (2) A different"defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any"product withdrawal" initiated due to: (1) The failure of"your products"to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of"your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of"your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of"your product". b. A"product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time"your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or"property damage" is excluded under Coverage A- Bodily Injury And Property Damage Liability by endorsement. d. Recall of"your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or"suit" against you for"product withdrawal expenses". 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A"Defect" Or A"Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (a) How, when and where the "defect'was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of"your product'. (2) If a "product withdrawal" is initiated, you must: (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; (b) Send us written notice of the "product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect' means a defect, deficiency or inadequacy that creates a dangerous condition. b. 'Product tampering" is an act of intentional alteration of"your product'which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal"will not be limited to those batches of"your product'which are known or suspected to have been tampered with. c. 'Product withdrawal" means the recall or withdrawal of"your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect' in "your product', or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. 'Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non-salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 6 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (7) Costs of warehouse or storage space; or (8) Costs of proper disposal of"your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but"product withdrawal expenses" does not include costs of the replacement, repair or redesign of"your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller"does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor", we will pay those sums that you become legally obligated to pay as damages because of"property damage"to"your product", "your work"or"impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or"suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage"occurs in the "coverage territory' during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments—Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury"or"personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates orjob costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 7 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy,or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage"to property owned by, rented or leased to the insured. h. Any liability incurred or"property damage"which occurs, in whole or in part, before you have completed "your work." "Your work"will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage"to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than "your product," "your work"or"impaired property." m. Any liability arising from claims or"suits"where the right of action against the insured has been relinquished or waived. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 8 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) n. Any liability for"property damage"to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does not include a "seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one"occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. SECTION I -COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS— COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS—COVERAGES A, B, D, E, and G. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to$2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit', including actual loss of earnings up to $500 a day because of time off from work. SECTION II—WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The"employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50%of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the"bodily injury", "property damage" or"personal and advertising injury"for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 10 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (5) Nothing herein shall extend the term of this policy. g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (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. h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury"or"property damage" included within the "products-completed operations hazard". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to"bodily injury"or"property damage" caused by"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 11 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution 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 the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury"or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization,from whom you have acquired such products,or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of"bodily injury" or"property damage" included in the "products-completed operations hazard"; c. Damages under Coverage B; d. Voluntary"property damage" payments under Coverage D; and e. Care, Custody or Control damages under Coverage E. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 12 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary"property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; and f. Contractors Errors and Omissions under Coverage G. because of all "bodily injury" and "property damage" arising out of any one"occurrence". 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above,the higher of$10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one "occurrence" is $1,500. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one "occurrence" is $1,000. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for"product withdrawal expenses" in any one-policy period, regardless of the number of insureds, "product withdrawals" initiated or number of"your products"withdrawn is$10,000. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 13 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one-policy period, regardless of the number of insureds, claims or"suits" brought, or persons or organizations making claim or bringing "suits" is$10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 10. Paragraph 13. is added as follows: 13. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. This requirement applies only when the"occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 14 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee")or an organization while acting as your real estate manager. To 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 witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence"or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee")or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an "occurrence"to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence"to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 15 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or"your work" included in the "products-completed operations hazard" under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 16 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE OPTIONAL Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the"coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II—Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. Your work" performed for the additional insured and included in the "products-completed operations hazard" if such coverage is specifically required in the written contract or agreement. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) However, the insurance afforded to such additional insured(s)described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV—Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or"suit' under this insurance, and of any claim or"suit'that does result; 2. Send us copies of all legal papers received in connection with the claim or"suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or"suit' to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit'. F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. POLICY NUMBER: CA100007275-01 COMMERCIAL AUTOMOBILE CAU 042 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION PRINIARYINON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II. A. 1. Who Is An Insured is amended by adding the following: 1. Any person or organization designated in the schedule below is an "insured'' for Liability Coverage but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. 2. This insurance is primary and non-contributory to other coverages of the person or organization shown in the Schedule when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. SCHEDULE Name of Person or Organization: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the ?bodily injury? or?property damage? occurs and that is in effect during the policy period. CAU042 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 1 Copyright 2013 FOCI Insurance Group. Ir,sa�ad Copy AUTO FIRST CHOICE COVERAGE ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AirbagCoverage. ......................................................................................................................................................3 Auto Loan/Lease Gap Coverage............................................................................................ .3 BroadForm Insured......._... ..... ...__.................................................................................................................. ....1 Concealment, Misrepresentation or Fraud...................... ......................................................................................._4 Deductible................................................................................................ ......................................................... .......3 Duties in the Event of Accident, Claim, Suit or Loss.................................................................................................4 FellowEmployee.......................................................................................................................................................2 Fire Department Service Charge,,................ ....................... .......... ............. .................................2 Other Insurance for Hired Auto Physical Damage Coverage .-........ .......4 Lossof Earnings........................................................................................................................................................2 Loss of Use Expenses.............................................. .............. ............................................. 2 SupplementaryPayments.... . .............................................................................................................................2 Transfer of Rights of Recovery against Others to Us ...............................................................................................4 TransportationExpenses ..........................................................................................................................................2 Issued Copy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II —COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1.Who Is An Insured in section A, Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision. (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. g. Any "employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "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 agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: CAU 058(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 4 Copyright 2015 FCCI Insurance Group. Insured Copy COMMERCIAL AUTO CAU 058 (01 15) (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions 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 a 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 or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow ''employee" as a consequence of Paragraph a. above. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows. A. Paragraph 4, Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to$75 per day to a total maximum of$2,000 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration,when the covered°auto" is returned to use or we pay for its"loss". 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 agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we wili pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of$2,000- B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered ,auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. d. Auto Loan/Lease Gap Coverage The fallowing provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered 'auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties. interest. or other charges resulting from CAU 058 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 4 Copyright 2015 FOCI Insurance Group. Insurer Copy COMMERCIAL AUTO CAU 058(01 15) overdue payments at the time of the"loss (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability insurance purchased with the loan or lease, and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto" is a covered "auto" under this coverage form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered 'auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the"loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3, under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for"loss" due and confirmed to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". However, this exclusion does not include the discharge of an airbag in a covered "auto" you own that inflates due to a cause other than a cause of"loss' set forth in Paragraphs AA.b and A.'I.c,but only: a. If that"auto" is a covered °auto" for Comprehensive Coverage under this policy; b, The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of$1,000 for any one "loss" D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. (3) Glass damage to the side or rear windows if the glass is repaired rather than replaced. However, no deductible shall apply to damage to the windshield of any covered "auto" or to safety glass. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or 'loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (e) An executive officer or insurance manager, if you are a corporation; or CAU 055(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 3 of 4 Copyright 2015 FCCI Insurance Group. nsveo Cooy COMMERCIAL AUTO CAU 058 (01 15) (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Cls under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a 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 nothing 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 intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own; (1) Any covered "auto" you lease, hire, rent or borrow, and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", 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. CAU 058 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 4 of 4 Copyright 2015 FCCI Insurance Group. Ir+sureo copy TexgMutuai' Insurance Company WORKERS` COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured Copy TEXAS 'WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1, ) Specific Waiver Name of person or organization ( X } Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 0511712016 at 12:01 a.m.standard time,forms a part of: Policy No.0001306815 of Texas Mutual Insurance Company effective on 05/17/2016 Issued to: JE CONSTRUCTION SERVICES LLC &Le Authorized Representative NCCI Carrier Code:29939 05/25/2416 PO Box 12058,Austin, TX 78711-2058 1 of 1 (800)859-5995 1 Fax(800)359-0650 1 texasmutual.com WC 42 03 04 B 1 006116 PAYMENT BOND BOND NO. 1001076357 Contractor as Principal Surety Name: JE Construction Services Name: U.S.Specialty Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 11309 Leopard St.,Suite E 5601 Granite Parkway,Ste. 1100 Corpus Christi,Texas 78405 Piano,TX 75024 Physical address(principal place of business): Owner 5601 Granite Parkway,Ste. 1100 Name: City of Corpus Christi,Texas Plano,TX 75024 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Texas Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): FMAC Project#E16300 Fire Station Warehouse Install New Generator 972/930-0641 Telephone(for notice of claim): 800/486-6695 Local Agent for Surety Name: Cam Fletcher Award Date of the Contract: December 13,2016 Address: 5601 Granite Parkway,Ste. 1100 Contract Price: S97.500.00 Plano,TX 75024 Bond Telephone: 972/930-0641 Email Address: CFLETCHER@hcc.com Date of Bond: December 28,2016 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept.of insurance by calling the following toll-free number.1-800-252-3439 FMAC Payment Bond 00 6116-1 E16300 Fire Sta Warehouse Install New Generator 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 with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal JE Construction Services, LLC Surety U.S. Specialty Insurance Company Signature: Signature< Name: G+�h s.3 7— Ir Name: Robert G. Kanuth r- Attornev-in-Fact Title: Title: i= Email Address: c ieGS ,CC Email Address: rkanuthpkandsins.corn (Attach Power of Attorney and place surety seal beloW�-" .` END OF SECTION FMAC Payment Bond 006116-2 E16300 Fire Sta Warehouse Install New Generator 7-8-2014 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively,the"Companies"), do by these presents make, constitute and appoint: Johnny Moss,Jay Jordan,Tony Fierro,Jeremy Barnett,Jade Porter,Mistie Beek or Robert G.Kanuth of Rockwall,Texas its true and lawful Attorneys)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *"******** "* ***`Ten Million******************** Dollars ($ **10,000,000.00** This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolver!,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Rnorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attomcy or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 1st day of December,2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY 41114`114,,. „11u1114n„f „1111111`/lffll/„� w,15n111lL//„"i cio ,` s 5U w t•,Na t✓G rnauri �t� Rrr. •�k....-. y`" n �`'6- i"y J ..J•`.� .^`'0:• '.spy. -cl�,......,.,p'e' W ':o.�= .tiPi •w •P z s 5+ -.'its .�`a t c r °"= Daniel P.A ui lar,Vice President „",,C,{BORN',^'�. ...*.... •,'�+.'ylE OF T�fT"'c` .1,'w...*,.-: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles SS: On this Ist day of December,2014, before me,Maria G.Rodriguez-Wong,a notary public, personally appeared Dan P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. do MARIA G.RODRIGUEZ-WONG Commission#2049771 Signature (Seal) z Is kotary PubllC-Calitornla= Los Angeles County a Comm.Err Ires Du 20.2017 I,ICio Lo,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. In W—ifttess Wher f,I have here t set my hand and affixed the seals of said Companies at Los Angeles,California this�-day of C q Corporate Seals la ci "gsuR ,,1',solr+'c 3" insure . : � >xr tea= �__ a Kio Lo,Assistant Sec retAr Bond No. ! �.w: �: y=_ ; ' s Agency No. 17042 y",.��UroRN�4"'.` y 7•.....*.. Y.` '•h�g7Uf SHF•J. *..J 1l,f1„,1, 14114,14„0••'' r I Security Paper !( Security Paper • Hidden Pantogreph { • Hidden Pantograph + Color Match • Color Match • Artiticiai Watermark . Artificial Watermark • Anii-Copy Coin Rub • Anti-Copy Coin Rub j + Emsure Protection Erasuro Protection i • Security eat rue Rox 1 • Security Features Sox I • Micmprint Protection • Mlcropdnt Protection • Acid Free j + Acid Free i i I Kant Kopy'Kt Kant Kapy+KY ; Security Paper { securio Paper • Hidden Pantograph • Hidden Pantograph • Color Match Color Match i * Artificial Watermark • Artificial Watermark i. • Rnti-Copy Coin Rub I AnG ?y Coln Fiub'• • Erasum Protection • P.raapr¢•PFotecti0 • Sacudty Fealaree Sox ! 3ecudty Features • Micropdnt Protection 11 • MiC�O(rdnlip Peaan-; • Acid Free • Aeitl FhldJfflti lllll{titltx P U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede Ilamar al numero de telefono gratis number for information or to make a complaint at: de is compania's para information o para someter una queja al: 1-800-486-6695 1-800-486-6695 4. You may also write to the company at: Usted tambien puede escribir a la compaiiia: 601 S. Figueroa Street, Suite 1600 601 S. Figueroa Street, Suite 1600 Los Angeles,CA 90017 Los Angeles,CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages,rights,or complaints at: de companias,coberturas,derechos,o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(1I 1-IA) Consumer Protection(111-1A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No.(512)490-1007 Fax No.(512)490-1007 Web: http://www.tdi.texas.gov Web:httR://www.tdi.state.tx.us E-mail:ConsumerProtectionQtdi.texas.gov E-mail: ConsumerProtectionetdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo,debe comunicarse con el agente o la agent or the company first.If the dispute is not compania primero. Si no se resuelve la disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condicion del document. documento adjunto. HMMMOW8tlo