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C2017-601 - 8/22/2017 - NA
2017-601 8/22/17 Pepper Lawson Waterworks LLC • 00 52 23 AGREEMENT This Agreement,for the Project awarded on August 22,2017, is between the City of Corpus Christi (Owner)and Pepper Lawson Waterworks, LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: NEW BROADWAY WWTP UV CHANNEL MODIFICATIONS PROJECT NO. 7293 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Carollo Engineers 8911 Capital of Texas Hwy North,Suite 2200 Austin,TX 78759 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza,PE—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd.,#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 90 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 90 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Agreement 00 52 23-1 New Broadway WWTP UV Channel Modifications#7293 Rev 06-21-2016 SCANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF New Broadway WWTP UV Channel Modifications PROJECT NUMBER: 7293 City Of Corpus Christi Carollo Engineers, Inc. 8911 N. Capital Texas HWY, Austin, Texas 78759, P:512-453-5383 BID SET Volume 1 of 2 ���##AV%CE July 2017 TBPE No. F-882 New Broadway WWTP UV Channel Modifications PROJECT NUMBER: 7293 BID SET JULY 2017 Digitally signed by Jason Anderson Contact Info:Carollo Engineers,Inc. Dat .07.27 11.363-05'00' jt JASON.E:ANDERSON� Alf f 87963 TBPE No. F-882 New Broadway WWTP UV Channel Modifications PROJECT NUMBER: 7293 BID SET JULY 2017 Digitally signed by Kwasi Duose Digitally signed by Thomas Wessling Contact Info:Carollo Engineers,Inc. Contact Info:Carollo Engineers,Inc. Date: 17.07.27 09:18:03-05'00' Date:2017.07.27 09:53:52-05'00' F OF to 77 11 :.......................: .M :......................: M0 KWASI DUOSE THOMAS M.WESSL11 ........100650.......�'� �� ........116151......A,ft STRUCTURAL CIVIL PI AKAM 110%q) TBPE No. F-882 000100 TABLE OF CONTENTS Division/ Section Title Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (ReV01-13-2016) 00 30 00 Bid Acknowledgment Form (Rev 01-13-2016) 00 30 01 Bid Form (Rev 01-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders (Rev 11-25-2013) 00 30 05 Disclosure of Interest(Rev01-13-2016) 00 30 06 Non-Collusion Certification (Rev 11-25-2013) 00 45 16 Statement of Experience(Rev 06-22-2016) 0052 23 Agreement(Rev 06-22-2016) 0061 13 Performance Bond (Revo1-13-2016) 0061 16 Payment Bond(Rev 01-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements (Rev06-22-2016) 00 72 02 Wage Rate Requirements(Rev 06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Rev 01-13-2016) 00 73 00 Supplementary Conditions (Rev 11-25-2013) Division 01 General Requirements 01 11 00 Summary of Work(Rev 01-13-2016) 01 2900 Application for Payment Procedures(Rev03-11-2015) 01 29 01 Measurement and Basis for Payment(Rev 01-13-2016) 01 31 00 Project Management and Coordination (Revo1-13-2016) 01 31 13 Project Coordination (Rev 11-25-2013) 01 31 14 Change Management(Rev 11-25-2013) 01 33 00 Document Management(Rev 11-25-2013) 01 33 01 Submittal Register(Rev07/03/2014) 01 33 02 Shop Drawings(Rev 11-25-2013) 01 33 03 Record Data (Rev 11-25-2013) 01 33 04 Construction Progress Schedule(Rev 11-25-2013) 01 33 05 Video and Photographic Documentation (Rev 11-25-2013) 01 35 00 Special Procedures(Rev 11-25-2013) 01 40 00 Quality Management(Rev 11-25-2013) 01 50 00 Temporary Facilities and Controls (Rev 11-25-2013) Table of Contents 000100- 1 New Broadway WWTP UV Channel Modifications 17293 Rev 06-22-2016 Division/ Title Section 01 70 00 Execution and Closeout Requirements(Rev 11-25-2013) Part S Standard Specifications NONE Part T Technical Specifications 03 11 07 Concrete Formwork 03 20 00 Concrete Reinforcement 03 21 17 Epoxy Bonding Reinforcing Bars and All Thread Rods in Concrete 03 30 00 Cast-in-Place Concrete 03 35 29 Tooled Concrete Finishes 03 60 00 Grouts 03 63 01 Epoxies 03 63 02 Epoxy Resin/Portland Cement Bonding Agent 03 64 24 Epoxy Injection System 05 05 24 Mechanical Anchoring and Fastening to Concrete and Masonry 05 12 00 Structural Steel 05 50 00 Metal Fabrications END OF SECTION Table of Contents 000100-2 New Broadway WWTP UV Channel Modifications 17293 Rev 06-22-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: UV Channel Modifications Project No. 7293 A. The scope of this project is limited to: 1. Remove existing 6'-0" by 7'-1" by 1/2"thick stainless steel baffle plate and associated guides and anchor bolts and prepare concrete surface for installation of new baffle plates in each of three existing concrete channels. 2. Procure three 6'-0" by 7'-1" by 1/2" thick baffle plates drilled with the number, diameter, and pattern of holes, and stiffened with angles, and associated baffle plate guides and anchor bolts, as shown on the Drawings. All materials to be 316L stainless steel for plate and angles, and 316 stainless steel for anchor bolts. All pieces to be provided by a single qualified metal fabrication shop. 3. Procure three 4'-0" by 7'-1" by 1/2" thick deflector plates and associated mounting angles and anchor bolts as shown on the Drawings. All materials to be 316L stainless steel for plate and angles, and 316 stainless steel for anchor bolts. All pieces to be provided by the same qualified metal fabrication shop as the three baffle plates. 4. Pour approximately 1.33 yards of sloped reinforced concrete fill downstream of the Parshall flume in each of three existing UV channels (approximately 4.00 yards total) as shown on the Drawings. 5. Improvements are to be constructed one UV channel at a time. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$67,946.The Project is to be complete, ready for operation, and eligible for Final Payment within 150 days. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website.This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. Invitation to Bid and Instructions to Bidders 002113- 1 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.02 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.03 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid - UV Channel Modifications (Bond 2017), Project No. 7293 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.04 Bids will be publicly opened and read aloud ata designated time at the following location: City Hall Building— City of Corpus Christi First Floor City Council Staff Room or Council Chambers 1201 Leopard Street Corpus Christi,Texas 78401 3.05 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE ARTICLE 5—NO PRE-BID CONFERENCE FOR THE PROJECT WILL BE HELD. COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. Invitation to Bid and Instructions to Bidders 002113-2 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents,Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data, that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. Invitation to Bid and Instructions to Bidders 002113-3 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 ARTICLE 8•-BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents,the bidder's name and the job name and number and delivered as required in Article 7 below. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if,within 10 calendar days of Notice of Award of the Contract,the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. Invitation to Bid and Instructions to Bidders 002113-4 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days,thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. Invitation to Bid and Instructions to Bidders 002113-5 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid,the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner,the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16—MINORITY/MBE/ DBE PARTICIPATION POLICY 16.01 Selected Contractor is not required to comply with the Owner's Minority/ MBE/ DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE/ DBE PARTICIPATION POLICY. Invitation to Bid and Instructions to Bidders 002113-6 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 14 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER's CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process, the City may, in its discretion, reject the Bid. Invitation to Bid and Instructions to Bidders 002113-7 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 7. C. More than one Bid for same Work from an individual,firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. Invitation to Bid and Instructions to Bidders 002113-8 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience,the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources, workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113-9 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required Q 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 Q Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required Q Not Required Insurance Requirements 00 72 01- 1 New Broadway WWTP UV Channel Modifications 17293 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. Insurance Requirements 00 72 01-2 New Broadway WWTP UV Channel Modifications 17293 Rev 06-22-2016 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 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; Insurance Requirements 00 72 01-3 New Broadway WWTP UV Channel Modifications 17293 Rev 06-22-2016 b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and 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 Insurance Requirements 00 72 01-4 New Broadway WWTP UV Channel Modifications 17293 Rev 06-22-2016 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. 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 Insurance Requirements 00 72 01-5 New Broadway WWTP UV Channel Modifications 17293 Rev 06-22-2016 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 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. Insurance Requirements 00 72 01-6 New Broadway WWTP UV Channel Modifications 17293 Rev 06-22-2016 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 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 Insurance Requirements 00 72 01-7 New Broadway WWTP UV Channel Modifications 17293 Rev 06-22-2016 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. 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. Insurance Requirements 00 72 01-8 New Broadway WWTP UV Channel Modifications 17293 Rev 06-22-2016 3. Persons providing services on the Project ("Subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Insurance Requirements 00 72 01-9 New Broadway WWTP UV Channel Modifications 17293 Rev 06-22-2016 I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 00 72 01- 10 New Broadway WWTP UV Channel Modifications 17293 Rev 06-22-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications, and Contract Documents,this Bid Proposal is submitted by Pepper Lawson Waterworks, LLC (type or print name of company)on: August 17 2017 for the UV Channel Modifications Project, #7293. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. if submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -UV Channel Modifications (Bond 2017), Project No.7293 All envelopes and packages(including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2,03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2,04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Form 00 30 00-1 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work, 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3,05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods,techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. Bid Acknowledgement Form 003000-2 New Broadway WWTP W Channel Modifications 17293 Rev 01-13-2016 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for; Lump Sum Bid Price $ 106,000.00 The Bidder selected for award of the Contract will be the lowest responsible Bidder or the Bidder who provides the Best Value for the Owner that submits a responsive Bid. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids, or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form 003000-3 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 ARTICLE 6--TIME OF COMPLETION 6.01 Bidder will complete all Work required for final payment in accordance with Paragraphs 15.03 and 15.06 of the General Conditions within 180 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10--SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Farm. 10.02 The Bidder, or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. Bid Acknowledgement Form 003000-4 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: Pepper Law on Waterworks, LLC A/ (typed or printed full legal name of Bidder) By: VY (individual's signature) Name: Atul Ra' (typed or printed) Title: Presid n (typed or printed) 1/// Attest: Mario Menendez dividual's signature) State of Residency: exas Federal Tax Id. No. 3 1 Address for giving notices: Pepper Lawson Waterworks, LLC 1725 Hughes Landing Boulevard, Suite 1200 The Woodlands, TX 77380 Phone: (281) 907-8600 Email: waterworksbids@pepperlawson.com araj@pepperlawson.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-5 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 00 30 01 BID FORM Project Name: UV Channel Modifications Project Number: 7293 Owner: City of Corpus Christi Bidder: Pepper Lawson Waterworks LLC OAR: Carollo Engineers, Inc. Designer: ICarollo Engineers, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al General Conditions LS 1 $5,300.00 $5,300.00 SUBTOTAL PART A-GENERAL(Item Al) $5,300.00 Part B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) N/A SUBTOTAL PART B-STREET IMPROVEMENTS Part C-RTA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) N/A SUBTOTAL PART C-RTA IMPROVEMENTS Part D-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) N/A SUBTOTAL PART D-ADA IMPROVEMENTS Part E-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) N/A SUBTOTAL PART E-DRAINAGE IMPROVEMENTS Bid Form Page 1 of 3 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Part F-WATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) N/A SUBTOTAL PART F-WATER IMPROVEMENTS Part G-WASTEWATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 UV Channel Baffle Plate LS 3 $23,450.00 $70,350.00 G2 UV Channel Deflector Plate LS 3 $7,816.66 $23,450.00 G3 UV Channel Concrete Chamfer LS 3 $2,300.00 $6,900.00 SUBTOTAL PART G-WASTEWATER IMPROVEMENTS(G1 THRU G3) 100,700.00 Part H-ALLOWANCES(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) N/A SUBTOTAL PART H-ALLOWANCES Part I-ADDITIVE ALTERNATE NO.1 (per SECTION 0123 10 ALTERNATES AND ALLOWANCES) N/A SUBTOTAL PART I-ADDITIVE ALTERNATE NO. 1 Bid Farm Page 2 of 3 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT BID SUMMARY SUBTOTAL PART A-GENERAL(Item Al) SUBTOTAL PART B-STREET IMPROVEMENTS SUBTOTAL PART C- RTA IMPROVEMENTS SUBTOTAL PART D -ADA IMPROVEMENTS SUBTOTAL PART E-DRAINAGE IMPROVEMENTS SUBTOTAL PART F-WATER IMPROVEMENTS SUBTOTAL PART G-WASTEWATER IMPROVEMENTS (Items G1 thru G3) SUBTOTAL PART H -ALLOWANCES TOTAL PROJECT BASE BID (PARTS A THRU H) $106,000.00 SUBTOTAL PART I - N/A TOTAL PROJECT ADDITIVE ALTERNATE NO. 1(N/A) Contract Times Bidder agrees to reach Substantial Completion in 1 90 Idays Bidder agrees to reach Final Completion in 1 90 Idays Bid Form Page 3 of 3 New Broadway WWTP UV Channel Modifications 17293 Rev 01-13-2015 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of lX Bidder(includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: Pepper awson aterworks, LLC (typed or printed) By: A / (signature--attach evidence of authority to sign) Name: Atul Raj (typed or printed) Title: President Business address: 1725 Hughes Landing Boulevard, Suite 1200 The Woodlands, TX 773801 Phone: f281) 907_8 00 Email: waterworksbids@pepperiawson.com araj@pepperlawson.com END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 New Broadway WWTP UV Channel Modifications 17293 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIERNUMBER TO BE ASSIGNED t; _ PURCHASING DIVISION CITY OF CORPUS CHRISTI NMICity of DISCLOSURE OF INTEREST Corpus City of Corpus Christi Ordinance 17112,as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Pepper Lawson Waterworks, LLC P.a.BOX: NIA 1725 Hughes Landing Blvd. STREET ADDRESS: CITY: The Woodlands ZIP: 77380' FIRM IS; 1. Corporation 2. partnership 3. Sole Owner El4. Association LJ 5. Other 8 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership In the above named"firm." Name Job Title and City Department(if known) N01 APPI ICARI F 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title NQT AOQi IGAQI NOT APPl_I�C'.ARI„E TT T7 APPL 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting,3%or more of the ownership in the above named"firm." Name Consultant dQ_TAPPI ICABI E NOT APPLICABLE City of Corpus Christi 00 30 05-1 Disclosure of Interest Rev 01-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Atul Raj Title: President (Type of Print) Signature of Certifying Date: Person: Augur 17, 2017 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Counci I of the City of Corpus Christi,Texas. b, "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor, d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of interest Rev 01-13-2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: UV Channel Modifications 7293 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: Pe er Lawson aterworks, LLC (typed or printed) By: (signature--attach evidence of authority to sign) Name: Atul Rai (typed or printed) Title: President Business address: 1725 Hughes Landing Boulevard, Suite 1200 The Woodlands, TX 77380 Phone: (281) 907-8600 Email: waterwporksbids@pepperlawson.com araj@pepperlawson.com END OF SECTION Non-Collusion Certification 003006-1 New Broadway WWTP UV Channel Modifications 17293 11-25-2013 IFPepWLawson WATERWORKS April 13, 2016 To Whom.It May Concern: Please be advised that by means of this letter, we, the Board of Managers of Pepper-Lawson Waterworks,LLC,delegate specific authority to Mr.Anil Raj on the following terms and conditions: 1. Tn accordance and subject to all applicable policies and procedures, Mr. Atul Raj may sign Fids and related proposal documents on behalf of Pepper Lawson Waterworks,LLC. 2. The effective date of this delegation is April 13, 2016, and continues until revolted in writing. 3. The authority delegated hercin is not subject to sub-delegation without my prior, written consent. Pepper-Lawson Waterworks,LLC Board of Managers: By: Tian Creson Chairman I By: Jose Esteban 13y: Mario ea ez ') Acluiowledge nd agreed; By; tc1 aJ, President 3701 I<Irby Drive, Suite 1133 11'I Houston, '1'X 77088 Ph. (713) 521 -01741711 t=ax. (7'13) 521 -0366 www.piwatarwot'l�s.com SECRETARY'S CERUYICATE PEPPER LAWSON WATERWORKS,LLC June 27, 2017 This Secretary's Certificate of Pepper Lawson Waterworks, LLC, a Texas limited liability company (the"Company") is provided to whom it may concern. The undersigned, being the duly appointed Secretary of the Company, hereby certifies as follows: The following persons are the elected managers of the Company: 1. Pablo Riesco 2. Julio Llorente 3. Tim Creson 4. Jose Carlos Esteban The following persons are the elected officers of the Company: 1. Atul Raj (President) 2. Emilio Lopez Pacetti (Executive Vice President) 3. Matt Little (Chief Financial Officer) 4. Mario Menendez(Secretary) IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date first set forth above. / r Mario e ez, Coipora e Sec• r n General Counsel Notices may be sent to: Pepper Lawson Waterworks, LLC 1725 Hughes Landing Blvd., Ste 1200 The Woodlands, Texas 77380 Attn: Mario Menendez State of Incorporation: TEXAS CERTIFIED COPY OF A NON-RECORDABLE DOCUMENT State of TEXAS County of MONTGOMERY On this 17th day of August , 20 17 , I certify that the preceding or attached document is a true, exact, complete, and unaltered copy made by me of the Corporate Written Consent of Officer and Signature Authority presented to me by the document's custodian Atu�, and that, to the best of my knowledge, the photocopied document is neither a public record nor a publicly recordable document, certified copies of which are available from an official source other than an notary. AW&�; a ANNA E NEULENotary ID#1310299313My Commission Expires March 3,2021 Anna E. Heule Notary Public's Signature (Personalized Seal) 00 52 23 AGREEMENT This Agreement, for the Project awarded on August 22,2017, is between the City of Corpus Christi (Owner) and Pepper Lawson Waterworks, LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: NEW BROADWAY WWTP UV CHANNEL MODIFICATIONS PROJECT NO. 7293 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Carollo Engineers 8911 Capital of Texas Hwy North,Suite 2200 Austin,TX 78759 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, PE—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd.,#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 150 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Agreement 005223- 1 New Broadway WWTP UV Channel Modifications#7293 Rev 06-22-2016 Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$194 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$194 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 106,000.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. Agreement 005223-2 New Broadway WWTP UV Channel Modifications#7293 Rev 06-22-2016 B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.6, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement 005223-3 New Broadway WWTP UV Channel Modifications#7293 Rev 06-22-2016 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. Agreement 005223-4 New Broadway WWTP UV Channel Modifications#7293 Rev 06-22-2016 ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-5 New Broadway WWTP UV Channel Modifications#7293 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Digitally signed by Rebecca Huerta -� DN cn=Rebecca Huerta o, , D�gfN ny 1111d 11 Jeff Edmo1d, / — on, D' Jeff Edmonds o ou Engn ,,g ema,1gdf,e @cdexae.com, .�,C+� -r-IL�F.��(C\ emal=rebeccah@cctexas com,SUS -s l Date:2017.09.21 10 24 00-05'00' Da 2017.09.15 ia.ie:zz 0500 Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services APPROVED AS TO LEGAL FORM: AUTHORIZED n �n _ Aimee Alcorn-Reed BY COUNCIL ( (tYzdh 2017.09.13 17:13:48-05'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Pepper Lawson Waterworks, LLC (Seal Below) By: Atul Raj Digitally Date:201ned by Atul Raj 7.08.. 3112:0750-05'00' Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 1725 Hughes Landing Blvd., Suite 1200 Financial Officer Address The Woodlands, Texas 77380 City State Zip 281/907-8600 Phone Fax waterworksbids@pepperlawson.com araj@pepperlawson.com EMail END OF SECTION Agreement 005223-6 New Broadway WWTP UV Channel Modifications#7293 Rev06-22-2016 006113 PERFORMANCE BOND BOND NO. 30006731 Contractor as Principal Surety Name: Pepper Lawson Waterworks, LLC Name: The Continental Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 1725 Hughes Landing Blvd.,Suite 1200 333 S.Wabash Avenue The Woodlands TX 77380 41st Floor Chicago, Illinois 60604 Physical address(principal place of business): Owner Same as above Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Pennsylvania 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): 7293 New Broadway WWTP UV Channel 312-822-5000 Modifications Telephone (for notice of claim): 312-822-5000 Local Agent for Surety Name: Marsh USA, Inc.,Tannis Mattson Award Date of the Contract: August 22,2017 Address: 500 Dallas Street Suite 1500 Contract Price: $106,000.00 Houston,Texas 77002 Bond Telephone: 713-276-8528 Email Address: tannis.n.mattson@marsh.com Date of Bond: September 01 , 2017 The address of the surety company to which any notice of claim should be sent may be obtained C (Date Bond cannot be earlier than Award Date from the Texas Dept.of Insurance by calling the of the Contract) following toll-free number.1-800-252-3439 Performance Bond 00 61 13-1 7293 New Broadway WWTP UV Channel Modifications 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Pri i al Surety The Continental Insurance ompany Signature: Signature: Name: Atul j Name: Adrienne C. Stevenson Title: President Title: Attorney-in-Fact Email Address: waterworksbids@pepperlawson.com Email Address: adrienne.c.stevenson@marsh.com araj@pepperlawson.com (Attach Power of Attorney and place surety sea!below) END OF SECTION Performance Bond 006113-2 7293 New Broadway WWTP UV Channel Modifications 7-8-2014 ACKNOWLEDGEMENT FOR PRINCIPAL ACKNOWLEDGEMENT FOR PRINCIPAL IF LIMITED LIABILITY COMPANY STATE OF Texas } COUNTY OF Montt ome_�} ON THE 01st DAY OF September 2017 BEFORE ME PERSONALLY APPEARED Atul Rai TO ME KNOWN AND KNOWN TO ME TO BE THE President OF PEPPER-LAWSON WATERWORKS, LLC, A LIMITED LIABILITY COMPANY, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY. WAS'. ANNA E HEULE Notary ID* 131023102 9938 My Commission Expires March 3, 2021 Anna E. Heule Notary Public 1 1tJ3H 3 AV-NA anc,i! + , J4ik Pte- o • 2;e�t'�:•� ;i4i3:'p"�ti�C' 'ti�h 1���'. ,r STATE OF ILLINOIS COUNTY OF COOK 1, C.R. Hernandez a notary Public in and for said County, do hereby certify that Adrienne C. Stevenson as Attorney-in-Fact, who is personally known to me to be the same person N-,-hose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed, sealed. and delivered said instrument for and on behalf of THE CONTINENTAL INSURANCE COMPANY for the uses and purposed therein set forth. Given under my hand and notarial seal at my office in the City of Chicago in said County, day September this ay ni` t' A.U. 2017 Notary PLIb FHERNANDEZ ficial Sea! ic-State of Illinois n Expires Jan 8, 2020 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-III-FACT Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Adrienne C Stevenson,C. R.Hernandez, Katherine J Foreit,John K Johnson,Amy B Wickett,Triniy Garcia,Gabriel Jacquez,Individually of Chicago,IL,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the insurance company. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of February,2017. .•" g� The Continental Insurance Company sew nom: Paul .Bru at Vice President State of South Dakota,County of Minnehaha,ss: On this 27th day of February,2017,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of The Continental Insurance Company,a Pennsylvania insurance company,described in and which executed the above instrument;that he knows the seal of said insurance company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company. J.MOHR tEsa�TM°wnT"i� My Commission Expires June 23,2021 J.Mohr Notary Public CERTIFICATE I,D.Bult,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the,Fgw,er of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the in9urance eompgny printed on the revet�g he f is still in fa I t o whereof I have hereunto subscribed my name and affixed the seal of the said insurance1.' company this U l S day of � t�� 2017 iY. C•'`•tAiBV The Continental Insurance Company h1. ••. I• -god D.• D.Bult Assistant Secretary Form F6850-4/2012 Authorizing Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 251h day of April.2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." 006116 PAYMENT BOND BOND NO. 30006731 Contractor as Principal Surety Name: Pepper Lawson Waterworks, LLC Name: The Continental Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 1725 Huahes Landing Blvd.,Suite 1200 333 S.Wabash Avenue The Woodlands,TX 77380 41st Floor Chicago, Illinois 60604 Physical address(principal place of business): Owner Same as above Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Pennsylvania 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): 7293 New Broadway WWTP UV Channel 312-822-5000 Modifications Telephone(for notice of claim): 312-822-5000 Local Agent for Surety Name: Marsh USA, Inc.,Tannis Mattson Award Date of the Contract: August 22,2017 Address: 500 Dallas Street Suite 1500 Contract Price: $106,000.00 Houston,Texas 77002 Bond Telephone: 713-276-8528 Email Address: tannis.n.mattson@marsh.com Date of Bond: September 01 , 2017 The address of the surety company to which any (Date of Bond cannot be earlier than Award Dote notice of claim should be sent may be obtained of Contract) from the Texas Dept.of Insurance by calling the following toll-free number.1-800-252-3439 Payment Bond Form 00 6116-1 7293 New Broadway WWTP Uy Channel Modifications 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 li exclusively in Nueces County, Texas for any legal action. Contractor as Prin p Surety The Continental Insuurr�anc Company Signature: Signature: C� Name: Atul Raj Name: Adrienne C. Stevenson Title: President Title: Attorney-in-Fact Email Address: waterworksbids@pepperlawson.com Email Address: adrienne.c.stevenson@marsh.com araj@pepperlawson.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 7293 New Broadway WWTP UV Channel Modifications 7-5-2014 ACKNOWLEDGEMENT FOR PRINCIPAL ACKNOWLEDGEMENT FOR PRINCIPAL IF LIMITED LIABILITY COMPANY STATE OF Texas ) COUNTY OF Montgomery) ON THE 01st DAY OF September 2017 BEFORE ME PERSONALLY APPEARED Atul Ra' TO ME KNOWN AND KNOWN TO ME TO BE THE President OF PEPPER-LAWSON WATERWORKS LLC A LIMITED LIABILITY COMPANY, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY. '.Rv ANNA E HEULE Notary ID 1131029938 My Commission Expires „*s March 3, 2021 Anna E. Heule Notary Public t STATE OF ILLINOIS COUNTY OF COOK 1, C.R. Hernandez a notary Public in and for said County, do hereby certify that Adrienne C. Stevenson as Attorney-in-Fact, who is personally known to the to be the same person .N-hose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknov.,ledged that they signed, sealed, and delivered said instrument for and on behalf of THE CONTINENTAL INSURANCE COMPANY for the uses and purposed therein set forth. Given under my hand and notarial seal at my office in the City of Chico<'u'o in said County, day September this ay of A.D. 2017 Notary Pub ' C a HERNANDEZ Official seal Notary Public - State of Illinois Nty Commission Expires Jun B, 2020 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Adrienne C Stevenson, C. R. Hernandez, Katherine J Foreit,John K Johnson,Amy B Wickett,Triniy Garcia,Gabriel Jacquez,Individually of Chicago,IL,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the insurance company. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of February,2017. The Continental Insurance Company :R Paul .Bru at Vice President State of South Dakota,County of Minnehaha,ss: On this 27th day of February,2017,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of The Continental Insurance Company,a Pennsylvania insurance company,described in and which executed the above instrument;that he knows the seal of said insurance company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company. J.&StSHR I )eaun+a�.ami My Commission Expires June 23,2021 J.Mohr IV Notary Public CERTIFICATE I,D.Bult,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the,Qgyver of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance comp.qu* printed on the reve at�of is still in f e. I test on whereof I have hereunto subscribed my name and affixed the seal of Ofe`said insurance, .`'.. company this U 1 SE day of °�ep�er Bdj 2017 ear The Continental Insurance Company i 1� • good • D.Bult Assistant Secretary Form F6850-4/2012 Authorizing Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25i°day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." AC'CJI2L7� CERTIFICATE OF LIABILITY INSURANCE DATE24 /2017 Y) o8/ / o17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-248-828-3377 CONTACT NAME: Jennie Lavine VTC Insurance GroupP HONE FAX A/C No Ext: 248-828-3377 A/C,No: 248-828-3741 E-MAIL lavine@vtcins.com 1175 West Long Lake Road ADDRESS: jlavine@vtcins.com 200 INSURER(S)AFFORDING COVERAGE NAIC# Troy, MI 48098 INSURERA: AMERISURE PARTNERS INS CO 11050 INSURED INSURER B: AMERISURE MUT INS CO 23396 Pepper-Lawson Waterworks, LLC INSURERC: AMERISURE INS CO 19488 1725 Hughes Landing Blvd INSURER D: TRAVELERS LLOYDS INS CO 41262 Ste 1200 INSURER E: The Woodlands, TX 77380 INSURER F: COVERAGES CERTIFICATE NUMBER: 50650414 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD A X COMMERCIAL GENERAL LIABILITY CPP210090701 04/01/17 04/01/18 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR 100,000 PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY� PRO- POLICY 1:1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY CA210090601 04/01/17 04/01/18 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident) $ B X UMBRELLA LAB X OCCUR CU210090501 04/01/17 04/01/18 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED X RETENTION$ 0 $ C WORKERS EMPLOY RS'LIAILITTION WC210090401 04/01/17 04/01/18 X STATUTE EERH AND EMPLOYERS'LIABILITY �,/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Contractors Equipment QT6606F301481 04/01/17 04/01/18 Leased/Rented Eqpt 1,500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The following provisions and/or endorsments form part of the policies of insurance represented by this certificate of insurance. The terms contained in the policies and/or endorsements supersede the representations made herein. Project Information: Project Name: New Broadway WWTP UV Channel Modifications Project No.: 7293 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 Engineering Services ACCORDANCE WITH THE POLICY PROVISIONS. Ernesto De La Garza, PE 4917 Holly Road, #5 AUTHORIZED REPRESENTATIVE n Corpus Christi, TX 78411 USA �(it�Gt/J/� ." • ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD rrobinson 50650414 COMMENTS/REMARKS General Liability: Blanket additional insured Ongoing Operations per form #CG 70 85 10 15 Blanket additional insured Completed Operations per form # CG 70 85 09 13 Blanket waiver of subrogation per form #CG 70 63 07 12 Blanket primary/non-contributory per form #CG 70 85 09 13 Automobile: Blanket additional insured per form #CA 71 18 11 09 Blanket waiver of subrogation per form #CA 71 18 11 09 Blanket primary/non-contributory per form #CA 71 65 10 07 Worker' s Compensation: Blanket waiver of subrogation per form #WC 42 03 04 B Umbrella Liability: Blanket additional insured per form #CU 74 69 08 10 Blanket waiver of subrogation per form #CU 24 03 09 00 Blanket primary/non-contributory per form #CU 74 69 08 10 OFREMARK COPYRIGHT 2000, AMS SERVICES INC. CPP210090701 4/1/2017 to 4/1/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number Agency Number Policy Effective Date CPP210090701 4/1/2017 Policy Expiration Date Date Account Number 4/1/2018 3/29/2017 Named Insured Agency Issuing Company Pepper-Lawson Waterworks, LLC VTC Insurance Group Amerisure Partners Ins. Co. 1. a. SECTION II -WHO IS AN INSURED is amended to add as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. b. The written contract or written agreement must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or"personal and advertising injury" leading to a claim under this policy. c. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; (b) Rent; (c) Lease; or (d) Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or"property damage"occurring after: (a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (other than service, maintenance or repairs); or (b) That portion of"your work"out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 10 15 Pages 1 of 3 CPP210090701 4/1/2017 to 4/1/2018 (3) Completed operations coverage, but only if: (a) The written contract or written agreement requires completed operations coverage or"your work" coverage; and (b) This coverage part provides coverage for"bodily injury" or"property damage" included within the "products-completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement: (1) Requires "arising out of language; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured —Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 10 01; or (b) Additional Insured —Owners, Lessees or Contractors—Completed Operations endorsement CG 20 37 10 01; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by"arising out of'. c. If the written contract or written agreement requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured —Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured —Owners, Lessees or Contractors— Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured —Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured —Owners, Lessees or Contractors—Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 85 10 15 CPP210090701 4/1/2017 to 4/1/2018 (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications; and (2) Supervisory, inspection, or engineering services. h. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; c. Contingent; or d. On any other basis; but if the written contract or written agreement requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. i. If the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 85 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 10 11 85 shown below and paragraph 2.h. Other Insurance shown above. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket where required by written contract or written agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 j. The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 10 15 Pages 3 of 3 CPP210090701 4/1/2017 to 4/1/2018 T-1IS END0RSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'SGENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance pmvided under the following_ Cl]fNMERCIAL GENERAL LIABILFIY COVERAGE FORM 'finder SECTION t- COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. E CF.USfONS, provisions 1. through 6.of this endorsement arnend the policy as follows= 'f. LIQUOR LIAB1LrrY Exclusion c. Liquor Liability is delated. 2. NDNO1hNEDWATERCRAFT Exclusion g_ Aircraft, Aute or 1Vattercraft, subparagraph (2) is deleted and replingd W111 the f011oWiftg; (2) A watercraft you do not own that is; (a) Less than 51 feat long. and (b) Not bung used to carry pereb.'rS or property for 9 charge- _ PREMISES ALIENATED A. Exclusion j_ Damage to Propetty, subparagraph( ) is deleted. S. the fcdlowing paragraph Is de!eted from EXCIU$iOft j. Damage to Property, Paragraph(2) of this exclusion does not apply if the premises are 'you r work" and were never occupierd, anted or held for rental by you. 4. PROPERTY DAMAGE LIABILITY- ELEVATORS AND SIDETRACK AGREEMENT A. ExcWion j. Damage to Property, paragraphs(3), (4)r and (6) do not apply to the use of elevators. B. Exclusion k. Damage to Your Product does not apply to: 1. The use of elevators; or 2. 4iabil1y assurned under � tWetrack agreement_ 5. PROPERTY DAMAGE LIABILITY - BORROWED EQUIPMENT A. Exctuslon j. Damage to Property.paragraph (4) does not apply to "property damage"to borrowed egttipme€t while al a jobsite and not being used to perform operations. B. With respecf to any one borrowed equipment Item, privisiorr 5.A. above does not apply to"property damage" that exceeds$25.000 per occurrence or$25,000 annuaI aggregate. 6. PRODUCT RECALL EXPENSE A, Exclusion a. Recall of Products,Work or Impaired Property does not apply to 'product recall expenses" that you incur for the"covered regaII" of"your product"_ This exception to the ex6usion does not apply to `product recall expenses" resulting from: 1. Failure of any products to accomplish thele intended purpose; 2. Breach of warmanties of'fitness, duality, durability or perfofmarice" 3. Loss of custorner approval or any cast incurred io regain customer approval; 4. Redistribution or replarernant of"your product": which has been recalled, by like products a subsAutes; 5, Caprice or whim of the i-rsured; includes copyrighted material of Insurance Services Office, Inc CG 7D 63 07 12 Page 1 of 9 CPP210090701 4/1/2017 to 4/1/2018 6. r';, uundidc n IikF!Iy to cause loss, about which any insr;ired knew or had reason to know at the inception :� ti,i-c; 7. Asbestos. iricliuding loss, damage or clears Grp resull]ng from asbestos or asbestos containing mat&als; 8, Re-tail Of"your Product(s)" #hal have no known or suspected defect solely because a knowr7 or su cted defect in another of"your product(sI'has been found- u, Urwd r- SECTION fll- LIMITS OF INS URAN CE,paragraph 3. is replaced in its entirety as f0ows and pa 1-0 graph 8- i5 added: 3, The Products-Completed 0perabons Aggregate I_irnit is the must we will pay for the sum of: a. Darn ages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of"bodily injury"and "property dam age' included in lite"products-campleted operations hazard" and b, 'Product recall expenses'_ S. Subject to paragraph 5. above, $25,DOD is the rrost we. will pay for all"product recall expenses" ariOng Du` of the, safe defect or def iCienCy. The irisurance afforded by reason of provisions 1. through 6- of this endorsement :s wxcess over any valid and colle0ble insurance (including any deductible)avail@ble to the insured whether primary, excess or contingent, and SECTION IV., paragraph 4. Other Irtsurenee is changed accordingly, 7. BLANKET CONTRACTUAL LIABILITY W RAILROADS When a written contract or written agreement requires Contractual Lia hiIity- Railroads, the definition of"insured contract" In Section V- Definitions is reafaced by the following with respect to operations performed for, or affecting, a railroad: 9. "Insured Contract" rneans, a. A coritract for a lease of premises. Howevinr, that porion of the contract for a lease of premises that iraderrniflas any person or organization for damage by fire to premises whiIa rented to you or tem POM niy ocatpied by you w1th permission of the owner is not art "insured contract"; b. A sidetrack agreement; c� Any easement or license agreement; d. An obligation, as required by ordinancer to Odemnifya moin"Palityr exCept in connection with work for a municipality, e. An elevator maintenance agreement f. That part of any other 00r)tract or agreement per,ainIr,g to your busirress{including an iMemnifiC2tion of a municipality to connection with work perforated for a municipality} under which you assume 00 tort liability of another party to pay for"bodily injury" or"prooarty damage" to a third person or orgisnizafion. Tort liability rneaos a Iiabil1ly ]hat would be irnpose❑ by law in the absence of any contract or agreement- Paragraph f. does not include that part of any contract or agreemerr-: (1) That indemnifies an architect, engirteer or surveyor for injt ry or darrage arising out of; (a) Preporirig. approvingr or failing to prepare or approve, maps, slop drawings, opinions. reports, surveys, field orders,change orders or cravings and spedficabons,' or (b) Givfng directions or inWurtians, or falling to give there; ( ) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering +fir failure to rendor professional services, including those listed in Paragraph(1) above and supervisory, inspection, architer.turat or engineering �ictvities- 8. CONTRACTUAL LIABILITY-PERSONAJL AND ADVERTISING INJURY lnOudes copyrighted material of Insurance Services Officc. Jr.c, Fogg 2 4f S GCs TO 03 0712 CPP210090701 4/1/2017 to 4/1/2018 Under SECTION 1 -COVERAEC B„ paragraph 2. Exctusians, paragraph e. Contractual, Liability is deleted. 9. S€JPIPLEMENTARY PAYMENTS Under SECTION I- 8UPPLEMENTARY PAYMENTS- CO11ElRAGES A AND B, paragraph il.b.is deleted and replaced with the following, 1. 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 troverage applies Wa do not have to furnish these bonds_ 10. BROADENED WHO IS AN INSURED SECTION tl -WHO 1 S AN INSURED is deleted and replaced with the following; I It you are designated in the Declarations as: a. An individual, you and your spouse ere insureds, but only with )aspect to the conduct cf a business of which you are the sole owner. b A partnership or joint venture. you are an insured, Your mernbars, your partners, and their spouses aro also insureds, but orily with respect to the conduct of your business. c. A Iimiled liability G parry, you are an insured_ Your rnembers are also insureds, but only with respect to the conduct of your business_ Your managers are insumAs, but oti1y vwithr respect to their duties as your managers_ d, An Qr9anization other than a partnership, join I.venture or limited Iiahility company,you are art insured_ Your'exec uti ve officers-and directors are insureds, but only with respect to their duties as your officers or directors_ Your stockholders are also insufeds, but only with respect to their llabdity as stockholders_ Paragraphs(1)(a), (1)(b)and{1)(c)above 6o not apply to your"eruployees' who ate. (i) Menagars: (1i) Supervi5ars; (iii) Directors; or (iv) DfFcem.. with respect to"bodily injury" .o a re-"employee". 2_ Each of the following is also an insurer- a. Your "volunteer workers-only while performing duties related to the conduct of your business, or your"ernplvyoes," other than either your"executive officers,° (if you are an organization other than a partnership, joint venture or Iirnited liability company)or your managers (if you are a limited liability corrtpsny), but only for acts within the scope of their em ploymient by you or while performirtg duties related to the conduct Of your business However, none of these "employees" rr 'volunteer workers' are insured for (1) "Bodily injury" or`personal and adverlisln injury": (a) To you, to your paters or members(If yctu afe a partnership or joint venture), to your members(if you are a limited liability company).to a co-"employee" while in the course of his or her employment er performing duties related to the conduct of yo-_ir business, or to your other"volunteer workers"while performing duties related to the conduct of your business-, (b) To the spouse, child, parent, brotrter or sister of that co-"amp€vyee"or v+olumeer worker as a consequence of paragraiph (1 KA)above; (c) For which there is any obligation to share damages with or repay someone else who rriust pay damages because of the injury described in paragraphs(1)(a)of (b) above, or (d) Arising:out of his or her providing or foiling to provide professional hoalth care services except as provided in P ovision I1. of this endorsement. Includes copyrighted material of Insurance Bervices OffFoe, Inr,. CG 70 63 0712 Page 3 of CPP210090701 4/1/2017 to 4/1/2018 (2) `Property darnage"to pr,�Pperty_ (a) Owned, oWcupied or used by. (b) Rented to, in the care. custody or control of. or over which physlcaJ control i$0eing exercised for any purpose by you, any of your"employees," "volunteer workers", any partner 0 member(if you are a partriership or joint venture), or any mern ber (if you are a IJrnited Iiability companyl. b. Any person (other than your"emp:oyee" or volunteer worker"). or any organ izalion while acting as your real estate manager_ c. Any person or organization having proper temporary Yustody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has bees appointed_ d. Your legal representative if you die, but only with respect to duties as such_ That representative will have all your rights and duties under alis Coverage Farm. e. Your subsidiarles 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- f. (1) Any wson or ofganiza tion. other than an architect, engineer or surveyo-r required to be narned as an additional insured in a -work contract", letter of intent or work order. However, such person or organization shall be an additional insured only with respect to covered "bodily injury,'. "property damage,."ani# "personal and advertising inju€y" arising oul of"your work" under that ",work contract". letter of intent or viork order. { } We will provide additional insured coverage to such persoa or organization only, (a) for a period of 30 days after the effective date of the applicable"work contract", letter cf intent or work order;or Jb) until the end of the policy terrri in effect at the inception of the applicable "work contract". letter of intent or work order, whichever is earlier. (3) Coverage prouiJed under this paragraph f. is excess over any other valid and collectible insurance available to the additional insured whether primary, e�ccess, contingent,or on any other bans unless the "work contract", letter of intent or work order requires this insurance tie primary, in which nn tips insuranoo will be primary wilhbut contribution from such other insuranGo available ,o the adcitional insured_ (4) This paragraph if, does not apply if form CG 70 85, Texas Contfactats Blanket Additional Insured Endorsement, is attached to the policy. V. Any person or organizat on to whom you are obligated by virtue of a written oQntra;A to provide insurance such as is afforded by this policy,but only with respe,-t to liability arising out of the rnainterlance or use of that part of any premises leased to you, including common or public areas about such premises if so required in the contract. However, ria sup :h person or organization is an insured with resnet to; (1) Any "occurrence" that takes place after you cease to occupy those premises;of (2) Structural alterations, new construction or demolition operations performed by or on behalf of such persun or organization. Irtoludes copyrighted rnateriai of Insurance Services Office, Inc. Page 4 of 9 GG 70 63 07 12 CPP210090701 4/1/2017 to 4/1/2018 h, Any*tate or political subdivision but only as respects legal liability incurred by the state or political subdivision soleiy t�eM2use it has issues a permit with respect to operations performed by you or cn your behalf_ However, no state or political subdivision is art insures with respect to. (1) "bodily injury" "property damage", "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily iniury" or"property damage"included within the products-cornpleted operations hazard,,` L Any person or organization who is the lessor of egtfiprrtent leased to you, to whom you are obligated by virtue of a written contact to provide insurance such as is afforded by#his policy, but only with respect to their liability arising out of the maintenance, operahon or use of such aquipment by you or a subcontractor on your behal-with your permission and under your supervision. However, if you have entered in;e a corrsiruCtion contract su bjeGtto Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas 1'1suraTlce Code with the additional insured_the insurance afforded to such person(s) or organizations) only applies to tl re extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Coda. No su�;h person or organZaticn, ho ever, is an insured with respect to any "0000rrence"that takes place after the equipment lease expires, Ji. Any architect, engineer, or surveyor engaged by you but only with respect to liability arising out of your premises or'your work.' However, if you have entered into a construction Contract subject to Subchapter C or Chapter 151 of Subtitle C of Title 2 o;the Texas Insurance Code with the additional insufed, the insurance afforded to such person only applies to the extent peernrt10d by ubnhspter C of the Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code, No architect, engineer, or surveyor, however, is are insured with respect to "bodily injury," "property damage." or "personal and advertising injur ' arising out oil the rendering of or the failure to reader any professional services by or for you, including (1) The preparing, approving. or`ailing to prepare or approve reaps, drawings, opinions, reports, surveys, change orders,designs or specifications; or (2) Supervisory, inspection, or engineering serviices. This paragraph J. does not apply if form CG 70 85, Texas Contractors Blanket Additional Insurad Endorsement, is attar-had to the policy. k. Any manager, owner, lessor, mortgagee, assignee or receiver �d prernises, including land leased to you, but only with respeO to liabi€€ly arising out of the ownership, maintenance or use of that part of the #remises or land leased to you_ However, no such person or organization is an insured with respect to; (i) Any "occurrence' 11:1-at takes place after you cease to occupy that premises_ or cease to lease the land; Qr (2) Structural alteration, Revs construction or demolition oporations performed by or on behalf of that person or organization. 3. Any organization yov newly acquire or form, other than a partnership, joint venture or limited liability company and over which yoLI maintain ownership of majority inlarE:st, will gins€ify as a (darned Insured if there is no other similar insurance available to that organization_ However' al. Coverage under this provision is afforded only urrt€I the end of the policy period; b- Coverage A does not apply to 'bodily injury' or "property damage" that Occurred before you acquired or formed the ofgar�izatiar5; c. Coverage 8 does not apply to"personal and advertising injury" arising out of an offense committed before you acquired or formed the organizatiarr, d. Gaverage A does not apply to "product recall expense" arising out of any witndrawa I or recall that occurred before you acouired or formed Tie organization_ Includes copyrightAd rnaterial of Insurance Services Office, Inc. CCS 70 63 07 12 Page 5 of 9 CPP210090701 4/1/2017 to 4/1/2018 4. An., ;)arson or organization (referred to below as vendor)with whom you agreed, because of a written co:,r:ract or agreement to provide insurance i$an insured, but only with respecl to"bodily injury"or .property darnageo arising out of"your products" that are distdiauted or Bold iii the regular course of rhe vendor's business_ However, no such person or organization is an insured wit€, respect to, a. "Bod°ly injury" or'property damage"for which the ve-idor is obligated to pay damages by reason of the assumption of liability in a corufact or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement, b_ Any express warranty unaWorized by you; c. Any physical or&# mical change in "your}product" macre intentionally by the vendor, d. Repackaging, except when Unpacked solely for the purpose of in"ctian, demonstr'aton, 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, adfuMmer'ts` tests or servicing as the vender has agreed to make or normally undertakes to make in the usulaI course of b-usiness, in connection with the distribution or sale of"your pmducts", f. Demonstration installation, syrvidng or repair operations,except such operations performed at the vendof's premises in Connection with the sale of the "your product g "Your products'which. after distribution or $810 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, 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 smp-ogees or anyone else acting on its behalf. However, this exclusion does not apply to; (1) The exceptions contained in subparagraphs d. or f_; or (2) Sucre inspections, adjustments, tests or servicing as the vendor has agreed to ma-(e or normally undertakes to make in the usual coarse of business. in connection with the distributian or sale of the products. This insurance does not apply to arty insured person or organization from which you have acquired "your products", or af}y ingredient. part, or container, entenng into, accompanying or containing "your products", No parson or organization is an insured with respect to the conduct of any current or past partnership,joint v,Mture of limited liability company that is not shown �s a Named Insured in the Declarsbon s. 11. INCIDENTAL MALPRACTICE LIABILITY As respects p(ovisiort 1Q., SECTION II —WHO IS AN INSURED, paragraph .a.(1 Xd) does not apply to any nurse, emergency medi a technician or{paramedic amployed by you to praMe rnediczI or paramedical servioes, provided that you are nQ� engaged its tete business or octupation of providing such services, and your "ernptoyee"does not have any c ther insurance that would also cover claims arising ander this provision, whether the other insurance is primary, excess, contingent or on any other basis. under SECTION 111 -LIMITS OF INS URA,N E, provisions 12. through 14, of tris endorsement amend the policy as follows: 12. AGGREGATE LIMITS FUER PROJECT The General Aggregate Limit applies parately 113 each of your�on struciion projects away from Premises mvned by or mated t0 YOU. 13. INCREASED MEDICAL PAYMENTS LIMrTS AND REPOkTIN PERIOD A. The requirement under SECTION I—COVERAGE C MEDICAL PAYMENTS that expenses be incurred and reported to us within one year of the date of the accident is changed to three years. B SECTION 01 - LIMITS OF INSURANCE, paragraph 7,, the Medic@I Expense Limit. iti sub)ect to all the terms of SECTION III—LIMITS OF INSURANCE and is the greater of: Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 9 CG 70 53 97 12 CPP210090701 4/1/2017 to 4/1/2018 1, $10,000; or 2. The aTnour}t shown in t1 ie DeGlaratr)ns for Medical Expense Llrralt_ C. This provision 13. dues not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsernent, 14, DAMAGE TO PREMISES RENTED TO YOU—SPECIFIC PERILS A, The word fire is charged -,0 "specific perils where it appeals in; 1. The last paragraph of SECTION I T COVERAGE A, paragraph~2. Exclusions: 2. SECTION FV, paragraph 4.1>_ Excess Insurance. B. Tae Limits of Insurarce shown in the Declarations will apply to al damage proximately caused by the same event whether such damage results from s "specific peril" or ally combination of"specific perils," C. The Damage To Premises Rented To You Limit descn bed in SECTION 111 - LIMITS OF INSURANCE_ paragraph 6.. is replaced by a new limit. which is the greater of: 1. $1.000,000; or 2. The amount shown in the Declarat ons for Damage To Premises Rented To You Limit_ D. This provision 14. does not apply if the Darnage To Premises Rented To You Limit of SECTION I - COVERAGE A is excluded either by the provisions rf the Coverage Form or by erdorsement, Under SECTION IV- COII MERMAL GENERAL LIABILrTY CONDITIONS, provisions 15. through 17. of ftris sndorsem8r7t amend the policy as follows= 15_ KNOWLEDGE OF OCCURRENCE Under 2. Di ties In Tile Event Of occurrence, Offense. Claim, Or Suit paragraph a.is deleted and replaced and paragraphs e.aid f.are added as follows: a. You must see to it that we are notified a5 soon as practicable of an "occur-renre" or an off anse, regardless of the amount, which may res,,lt in a claim. Knowledge of an "accurrence" or an offense by your "employee(s)" shall not, in itsetf, constitute knowledge teF you unless one of your partners, members. "executive officers,"directors, or managers has knowledge of tPre"occurrence' or offense. To the extent possible, notice should ir-clude: (1) How.when and where the "occurrer«ce' or offense tools place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or daarnage arising out of The "occurrence" or offense_ e. If you report ars "ocrAjrrenc€3"to your workers carnperrsation carrier that develops info a liability claim for which coverage is p-ovided by the Coverage Form, failure to report such an "occurreno"to tis at the tirne of the`occurrence- Shall not k]e deemed a violation of paragraphs a.r b_, and c. above. However, you shall give written notice of this"occurrence' to us as scion you became aware that this"Occurrence- may be a liability claim rather than a wcfkers compensation ctarm, f. You +'rList see to it drat W.e following are done in the event of an actual or anti;�4pated "oovered recall"that may result in "product recall expense": (1) Give us prompt notice of any discoverk or notification that"your product' must be withdrawn or recalled. Include a description of`your product"and the reason for the withd'aal or recall; (2) Cease any further release, 0iprrrent. consignment or any other method of distribution of like or similar products until it has been cetermined that all such pfoducts are free from defects that could by a cause 01 loss under the insurance. 16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following-. 6. Representations By accepting this policy, you agree: Indudes copyrighted material of Insurance Services Office. im. CG70630T12 Page 7of9 CPP210090701 4/1/2017 to 4/1/2018 a. The statements in the Declarations are 20curate and complete; I). Those statements are based upon representations you made to us; 8nd c- We leave i8gued INS policy in PAOF�ce upon your representations. V c: -,eill -rot Leny ooverage under Ihis coverage park if you unrnten0onally fail to disclose all hazards cxis-ing az of]he inception date of this policy. You must report to us any knowledge of an error or :)r-iis3ion In the description of any premises or ,)parations intanded to be covered by the Coverage Far-r- as soon as practicable after its discove--v However, IhIs provision does not affect our right to coliect additional premium or exercise our riyt- :f cancellation or nonrenewal, 17. TRANSFER OF RIGHTS (BLANKET WAVIER OF SUBROGATION) Paragraph 8_Transfer of Rights Of Recovery Against Othem To Us is deleted and replaced with the following; 8_ h the insured has rights to recover al or part of any payment we have rnade under this Coverage Form, these-rights are transferred to us. The insured must do n,)-.hing alter loss to impair Them. At our request, the insured will bring"sue!"or transfer those rights to us er1,J help us enforce them. However, if the insured has waived rights.to recover through a written Contract. o: i`"your work"was commenced under a lelter of IntQnt or work outer, SUbj6CI1 M a sub0quoni reduction to awri[ing with customers.whoss Customary contracts require a waiver,we waive aray right of recovery we may have under]his Coverage Form_ i8. "TENDED NOTICE OF CANCELLATIION AND NONRENEVI AL Paragraph 2.b. of A.Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the followr a b, &'- cays before the effectpve dale of the cancellation if we cancel for any other reason Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9-When We Do Not Renew is dele]ed and replaced vMh the following; 9. When We Do Not Renew a. We may oleo not to renew this Policy except, that under the provisions or the Texas Insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected official. b. If we elect not to renew this policy. we may do so by mailing or delivering to the first Named Insured, at the last mailing address known Io us,written notioe of nonrenewai, stating the reason for nonrenewal, at least 60 days before the expiration date. It notice is mailed or delivered less than 60 days before#ire expiration date, this policy will remain in effect until the 61 st day after the flake on which the not c. s --e'ad or delivered, Earned premium for any period otcoverags that extends beyond the expirziwi i nate wiJI be computad pro rata based on the proynous year's premium, c. If notice is mailed, proof of mailing will be sufficient proof of notice, d. The transfer of a policyholder between admitted oornpanies within the same 0%rarice group is not o osid"d a refusal to renew, 19_ MOBILE EQUIPMENT REDEFINED .J,Ow SECTION 11-DEFFNITIONS, paragraph 12. "Mobile equipment", paragraph L (1)does not apply to setf- pcl}e ed vehicles of less Than 1,000 pounds gross vehicle weight that are not designed for highway use. 20. DEFINITIONS 1. SECTION V—DEFINITIONS, paragraph 4."Coverage lerritory" is replaced by the following definition: "Coverage territory" means anywhere in the world with respect to liability arising out of"bodily injury,'' "property damage,"or"personal and adver]rsing injury,"including "personal and advertising injury" offenses that take ply through the Internet or aimllaf electronic means of communication provided the insured's resppnsibility to pay damages is determined in a settlement to which we agree or in a"suit" on ]he merits, in the United States of America {including its territories and possessions}, Puerto Rica and Canada. Includes copyrighted material of Insurance Services OfFiae, Inc_ Page 8 of 9 CG 713 63 07 12 CPP210090701 4/1/2017 to 4/1/2018 2, 5EGT10N V - DEF INtTIONS is amended by the addition of the following definitions; 4 over3d recall" means a recall made necessary becaLrse you or a government body has determined that a {ruwn -,)r!.;uswMd defect, deficiency, inadequacy, or dangerous condition in "your product has re34i',0J ,y-.-fill result in-bodily inf ury or"property dan ge". 4Prociuct RecaII expenses" mean only reasonable end necessary+ extra costs, which result from or are related to the recall or withdrawal of"your product"for. a. Telephone and lei agraphic communication, radio or television announcements, computer time and newspaper advertising-, b. Stationery, envelopes, Production of announcements 2nd postaUe or facsimiles; c. Remuneration paid to regular empioyees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by age pis designated by you of perspns, other than your regular emplayees, to perform necessary tasks: e. Rental of oeces9sry additional warehouse or storage spaV: ; #_ Packaging of or transportation or sNpping of defective prod to the location you designate; and g. Disposal of"your products"that cannot be reused. Disposal expenses do not ftiude= (f) Experises that exceed the original cost of the materials incurred to manufacture or process such product; and (2) e=xpenses NO exceed*0 cost of normal trash ftcarding or disposal, Wept es are necessary to avoid "bodily injury" or"property damage". "Specific Perils" means fire; lightning; explosion;windstorm or hail; smoke; aircraft or vehicles; rrot or evil commotion; vandalism; leakage from fife extinguishing equipment; weight of Snow, ice or sleet: or Nater damage." 'Water damage" imams acctdentat disCh7arge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam, "4'Vork contract'means a written agreement between you and one or more parties for work to be perFormad by you or on your behal€_ Includes copyrigf7ted material of Insurance Services Office, enc, CG 70 63 07 12 Paye 9 of 9 CA210090601 4/1/2017 to 4/1/2018 THIS ENDORSEMENT GRANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM 'u..'.ai respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement_ The premium for this endorsement is S 1. BROAD FORM INSURED SECTION H -LIABILITY COVERAGE,A.1.Who Is An Insured is amended by the addition of the following; d. Any organization you newly acquire or form, other than a partnership. joint venture or Limited liability company, and over which you maintain ownership ar a majority interest, will qualify as a Named Insured, However, (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage floes not apply to"accidents"or"loss" that occurred before you acquired or formed the organization; and (3) Coverage does not apply to an organization that is an"insured" under any other policy or would be an "`insured"but for its termination or the exhausting of its Iimit of insura rice _ e. Any"employee"of yours using: (1) A covered"akiW'ynt,do not own, hire or borrow,or a covered"auto"not owned by the "emOoyee"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. f. Your members, if you are a limned liability company, while using a covered '-auto"yr u da not own. hire ox borrow and while performing dunes related to the conduct of your business or your personal affairs_ g Any person or organization with whom you agree in a written contracl. written agreement or permit, to provide insurance such as is afforded under this policy. but only with respect to your covered "autos"_ This provision does nol apply (1) Unless the written contract or agreement is executed or the permit is issued prior to the "bodily injury" or"property darnage"; (2) To any person or organization included as an insured by an endorsement or in the Declarations;or (3) To any lessor of"autos"unless_ (a) The lease agreement requires you to provide direct primary insurance for the lessor; (Ib) The "auto"is leased without a driver: and Includes copyrighted material of Insurance Services Office, Inc. CA 71 18 1109 (Page 1 of 5 CA210090601 4/1/2017 to 4/1/2018 (e) The lease had not expired_ Leased "autos"covered under this prevision will be considered covered "autos" you own and not covered "autos"' you hire_ h, Any legally incorporated arganizatron or subsidiary in which you own more than 50% of the voting Stock on the effective date of this endorsement This provision does not apply to"bodily injury"or"property damage"for which an"insured-is also art insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of insurance, uMess such polity was written to apply specifically in excess of this policy. 2. OVERAGE EXTENSIONS- SUPPLEMENTARY PAYMENT Under Section II -LIABILITY COVERAGE, A.2.a. Supplementary Payments, paragraphs(2)and (4) are deleted and �r�.l,J cad as follows; (2) 4:p t:) 5�.'300 for the cost of bail bands (including bonds for related traffic law violations)required because :sf r- "accident"we cover. We do not have to furnish these bonds_ (4) All reasonable expenses incurreri .,v the insured" at our request, including actual loss of earnings Qp t4 $500 a day because of time off 'r_r•-1 r;ork_ 3. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION II- LIABILFTY COVERAGE, B. EXCLUSIONS, paragraph S. Fellow Employee is deleted and replaced by the following: 5. Fellow Employee "Bodily injury„lo: a. Ary fellow`employ6e `of the`tinsured"arising out of and in the course of the fellow"employee's" C~7p oyment or while performing duties related to the conduct of}your business_ However, this xcIusion does not apply to your"em ployees"that are officers, managers, supervisors or above_ t_fwerac-e is excess over any other collectible insurance_ b. The spC{ase. child, parent, brother or sister of that fellow"employee"as a consequence of paragraph a. z1b;rve. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTJ0N 111 - PHYSICAL DAMAGE COVERAGE.A. COVERAGE,the following is added: If any of your owned covered "autos"are covnr�,d for Physical Damage. we will provide Physical Darnage coverage to "autos"that you or your"employees"hire or borrow, ander your name or the "employee"s" name, for the purpose of dol,}q your work_ We will provide coverage egL.ZII to the broadest l}`,-y,,'c-aI di i—,age coverage applicable to any covered "auto Shown in the Dec iaraforis. tern Three. dt,li •-)f Covered Autos You Oben, or on any endorsements amending this schedule, S. Under SECTION Ill- PHYSICAL DAMAGE COVERAGE,A.A.Coverage Extensions. paragraph b. loss Of Vsv Expenses 15 deleted and replaces ,",ith th-"ollr}&-in: b- Lass Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured"becer~os legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under ,;ritten rental contract or agreement_ We will}gay for loss of use expenses if caused by: (1) Other than coffision. only if the Declarations indicate that Comprehensive is overtacc s provided For any covered"auto"; includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 CA 71 18 11 09 CA210090601 4/1/2017 to 4/1/2018 ( ) Specified Causes of Lass, only if the Declarations indicate that Spa=_cified Causes Of Loss Coverage is provided for any covered"auto"; or (3) Col Iis!on, only it the Declarations indicate that Collision Coverage is provided fpr any covered '.auto"- However,the most we will pay for any expenses fpr loss of use is $30 per day. to a maximum of $2,000. G. Under SECTION IV—BUSINESS AUTO CONDITIONS, B. General Conditions. S.Other Insurance. paragraph b. is replaced by the following: b. For Hired Auto Physical Damage, the following are deemed to be covered"autos"you awn; 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered"auto' hirer) or rented by your"em ployees" under a contract in that individual 'employee's"name, with your permission, while performing duties related to the conduct of your business- However, any"auto-that is leased, hired. rented or borrowed with a driver is not a covered "auto'. nor is any"auto-you hire from any of your-crnplq ees..' partners (if you are a partntr$hip), members (if you are a limited liability company),or members of their households. S. LOAN OR LEASE GAP COVERAGE Under SECTION lit—PHYSICAL DAMAGE COVERAGE,A. COVERAGE, the folilowing is added; If a covered"auto" is owned or leased and if we provide Physical Damage Coverage on it, we will pay, in the event of a covered total"lass", any unpaid amount due on the lease or loan for a covered"auto", less, (a) The amount paid under the Physical Damage Section of the policy; and: (b) Any, (1) 4verdrae lease nr inan payments including penalties. interest or other charges resulting frorn overdue payments at the time of the"Toss"'; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage: (3) Costs for extended warranties,Credit Life Insurance, Health,Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor; and (5) Carry-over balances from previous loans or leases. 6. RENTAL REIMBURSEMENT Under SECTION III - PHY51CAL DAMAGE COVERAGE, A.4. Coverage Extensions, paragraph a. Transportawbon Expenses is deleted and replaced by the following: a. Transportation Expenses (1) We will pay up to $J5 per day to a maxirnum of$2,000 for lrarlsportation expense incurred by you because of covered "loss"- We will pay only for those covered "autos"for which you carry Collision Cave rage or either Comprehensive Coverage or Specified Causes of toss Coverage, We will pay for transportation expenses incurred during the period beginning 24 hours after the covered"loss" and ending, regardless of the policy's expiration,when the covered "auto" is returned to use or we pay for its "loss". This coverage is in addition to th&otherwise applicable coverage you have on a covered"auto"- No deductibles apply to this coverage. Includes copyrighted material of Insurance Services Office, Inc- CA 71 18 1109 Page 3 of S CA210090601 4/1/2017 to 4/1/2018 (2) T1- f c verage does not apply while there is a spare or reserve-'auto''available to you for your operation- 7. AIRBAG COVERAGE Qnder 5ECTI0N Ilk- PHYSICAL DAMAGE, B. EXCLUSIONS, paragraph 3. is deleted and replaced by the following; 3. We will not pay for"loss"caused by or resulting from any of the following unless caused by other"loss` that is covered by this insurance: (1) Wear and tear, freezing, mechanical or electrical breakdown- However,this exclusion does not include the discharge of an airbag- (2) Blowouts, punctures or tither road damage to bres- 8. GLA$$REPAIR-WAIVER OF DEDUCTIBLE Section III-PHYSICAL DAMAGE COVERAGE,D. Deductible is amended to add the following; No deductible applies to glass damage if the glass is repaired rather than replaced- 9, COLLISION COVERAGE—WAIVER OF DEDUCTIBLE Under Section III-PHYSICAL DAMAGE COVERAGE, D_ Deductible is amended to add the following: when there is a loss to your covered"auto- insured for Collision Coverage, no deduclible will apply if the loss was caused by a collision with another"auto"'insured by us. 10. KNOWLEDGE OF ACCIDENT Under SECTION IV- BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "accident clairn, "suit"or"loss'- Knowledge of arti"accident", claim, ,5VIr'or"loss"by your"employees"shall nol. in itself, constitute knowledge to you unless one of your partners, eKecUlive officers, directors, managers. or members (it you afe a lirnited liability company) has knowledge of the"accident", claim, "suit"or"lass". Notice should include: (1) How. when and where the"accident or"loss"'occurred; (2) The"insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses- 11, TRANSFER OF RIGHTS(BLANKET WAIVER OF SUBROGATION) Under SECTION IV- BUSINESS AUTO CONDITIONS, A. Loss Conditions paragraph S.Transfer Of Rights Of Recovery Against Others To Us is deleted and repla[ed by the following; 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for wham we mare payment under this Coverage Farm has rights to recover damages from another, those rights are transferred to us, That person or organization must do everything neje*nary to secure our rights and rnust do nothing after"accident"or"loss"to impair them. Hovwever, if the '-insured'has waived rights to recover through a written Contract, or if your work was commenced under a letter of intern or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waver,we waive any right of recovery we may have under this Coverage Form. Includes copyrighted material of Insurance Services Office, Inc- Page 4 of 5 CA 71 18 1109 CA210090601 4/1/2017 to 4/1/2018 tit. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV- BUSINESS AUTO CONDITIONS . B. General Conditions , paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following, We will not deny coverage under this Coverage Fora if you unintentionally fail t0 disclo 2 all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery- This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 13. BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS When required by written contract or written agreement, the definition of"insured contract" is amended as follows. The exception contained in paragraph H.3. relating to construction or demolition operations on or within 50 feet of a railroad; and — Paragraph H.a. are deleted with respect to the use of a covered "auto' in operations for, or affecting, a railroad. Includes copyrighted material of Insurance Services Office. Inc_ CA 71 18 11 09 Page 5 of 5 POLICY NUMBER: CA210090601 COMMERCIAL AUTO CA 71 65 10 07 THIS 'ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, DESIGNATED INSURED - PRIMARY VERAGE This endorsement modifies instArance provided under the BUSINESS AUTO COVERAGE FORM The provisions of-l3^ [_ave rage Form apply unless changed by this endorsement. This endorse rner-. i..entifies persons) or organizations) who are -insured"under the Who Is An Insured Provision of the Coverage Form. This endorsement changes the policy on the inception date of the policy, unless another date is shown below. Endorsement Effective: 4/1/2017 Countersigned By; Named Insured- Pepper-Lawson Waterworks, LLC (Autho(ized Representative) (No entry may appear above, If �ic. ir"ormazioriI to complete this endorsement is in the Declarations,) Section 1I — Liability Coverage, A. Coverage. 1_ Wha Is An Insured is amended to add= Any Person or Organization with whcr- YO L. -1L;v- an"insured contract'which requires; i_ that Person or Organization tc be z-ddcd as an"insured" under this policy; and ii. this policy Io be primary and non-contrib.,t:)ry to any like insurance available to the Person or Organization. Each such person or organization is an -insured" fr.r L Coverage_ They are an"insured"only if that person or organization is an"insured"under in SECTIOK I, M 'hr Coverage Form_ Titre the Named rnsured and the p{}mrui .), organization is an "insured contract". Includes copyrighted mate nal of the Insurance Services Office, Inc_. with its permission_ CA 71 65 10 07 Insurance Services Office., 1998. Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B {Ed. 6.14} TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENC>0R EMENT This endorwfnent applies only M the insurance provided by the polity because Texas is shorn iln ltern 3,A. of the Information Page. We have the right to recover our payments from anyone Iiable for an njury covered by this policy_ We will not enforce our right against the Person or organization named in the Schedule, but this waiver apples only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contfact to obtain this waiver from us- Th i F, ls_This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The prernium for this endof5ement is shown in the Schedule. Schedule 1. { } Specific Waiver Nnm,� of ptrsan er organin6m (X) blanket Waiver Any person of organization for vrhorn the Named Insured has agreed by written contract to furnish this waiver, 2. Operations: 3. Premium. The premium charge for this endorsement shall be 0.020 percent of tie prernrurn developed on payreil in connection with work perfofrned for the above pefson(s) or organizat6n(s)arising out of the operations described. 4_ Advance Premium: This endorsement changes the policy to which it is attached and is effective on the data issued unless otherwise stated_ IThe 'nformation berow is required onty when this endorsement is iasued subsegment to }reparation of the policy,} f-f€ective 4/1/2017 Poky No.WC21009401 No, I ,sLIr � Pepper-Lawson Waterworks, LLC Premium $ Insure;�,; Company Amerisure Insurance Company Countersigned by WC 42 03 04 B (Ed, 6-14) 0 Copyright 2014 NaWrial Council on Compensation InsLlrpnre,lax.All Riyh4 P4 awr4ed- CU210090501 COMMERCIAL LIABILITY UMBRELLA 4/1/2017 to 4/1/2018 CU 74 69 Ga 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED — PRIMARY1NC,7N -CONTRIBUTORY OVERAGE WHEN REQUIRED BY WRITTEN CONTRACT R WRITTEN AGREEMENT This endorsement modifies insurance provided under the folJoiMng: COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM AM policy terms apply except AS stated below, Under SECTION 11—WHO IS AN INSURED, the following is added to paragraph 3. If coverage provided to any additional insured is MCW0'ed by a written contract or wri nen agreement, we will provide coverage to the additional insured on a primary basis Mthout contribution from any other valid and collectible insurance availabJe to the additional insured_ kinder SECTION IV- COND€TIONS, paragraph S. Other Jnsurance doe$ not ap*to coverage provided by this endorsement. Includes copyrighted material of Insurance Services Mice, Inc_ CU 74 69 0810 POLICY NUMBER: CU210090501 COMMERCIAL LIABILITY UMBRELLA 4/1/2017 to 4/1/2018 CU 24 03 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization required by written contract or certificate of insurance. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV — Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CU 24 03 09 00 Copyright, Insurance Services Office, Inc., 2000 Page 1 of 1 ❑ CU210090501 4/1/2017 to 4/1/2018 COMir4ERCIAL LIAMLITY UMBRELLA Cil 00 0104 13 COMMERCIAL LIABILITY UMBRELLA, COVERAGE FORM Various provisions in this policy restrict Coverage. No other obligation or liability to pay suras or Read the entire policy carefully to determine rights, perform acts or services is covered unless duties and what is and is not cove red- explicitly provided for under Supplementary Throughout this policy the words "you" and "your" Payments— Covefages A and B_ refer to the Narned Insured shown in the Declarations, b. This insurance applies to "bodily injury" or and any other person or organizatior. qualifying as a "property damage" that is subject to an Named Insured under this policy. The words "we', applicable retained limit". If any other limit, "us" and "ourr refer to the company providing #his such as a subl€mit. is specified in the insurance. "underlying insurance", this insurance does not The yard 'Snsved" rneans any person or organization apply to "bodily injury' or "property damage" qualifying as sur-h under Section li — Who Is An arising out of that exposure unless that limit is insured, specified in the Declarations under the Other wo+ds and phrases that appear in quotation Schedule of"underlying insurance". marks have special meaning. Refer to SWicn V — c. This insurance applies to "bodily injury" and Definitions, "property damage"only if, SECTION I—COVERAGES (1) The "bodily injur/' of "property darnage" is caused by an "occurrence" that takes place COVERAGE A--BODILY INJURY AND PROPERTY in the"cave rage territory", DAMAGE LIABILITY 2) The "bodily infury„ or "property darnacge" y. insuring Agreement occurs during the policy period; and a, We will pay on behalf of the insured the (3) Prior to theolio p y period, no insured listed "ultimate. ret loss" in excess of the "retained udder Paragraph 1.a. of lection tl — Who l5 limit" because of "bodily infury" or „property Ar, Insures} orad no "employee' authorized damage' to which this ir� urance applies, e by You to give or receive notice of an will have the right and duty to defend the "occurrence" or claim. knew that thebodily insured against any suit seeking damages for injury' or "property damage" had occurred, such""bodliy injury" or 'property damage" when in whole or in Dart, if such a listed insured the underlying �surance' does rot provide or authorized "employee" knew, prior to the coverage or the Iirnks of"underlying insurance" policy period. that the "bodily injury" or have been exhausted. When we have no duty "property darrage" occurred, their any to defend. we will have the right to defend, or continuation, change or resumption of st,ch to participate in the defense of, the insured "bodily injury" or "property damage" during against any other "suit" seeking damages to or after the policy period will be deemed to which this insurance may apply. Howevef, we have been known prior to the policy period_ will have no duty to deferkd the insured against any "suit" seeking damages for "bodily injury" d. "Bodily Injury" of "properly damage" whiich or "property darnage" to which this insurance occurs during the policy period and was not. does not apply- At our discretion, we may prior to the policy period. known to have investigate any "oCCurrence" that rray involve occurred by arry insured listed tinder this insurance and settle any resultant claim or Paragraph 7.a, of Section II — Who Is An "suit" fc)r which vie have the fluty to defend- In5ored aF any"employee' author[[-ed by you to out; give or receive notice of all "occurrence" or claim, includes any continuation, change or (f) The amount tine will pay for the multi mate rtes resumption of that "bodily injury" or "property loss' is limited a5 described in Section ill — damage" afterthe end of the policy pe loo. Limits Of Insurance, and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or S. CU DD 0104 13 0 insurance Services office, Inc-,2012 Page I of 18 CU210090501 4/1/2017 to 4/1/2018 e. "Rodily injury" or "property damage" will be (b) Such attorneys' fees and litigation sire reed to have been Known to have occurred expenses are for defense of that party at dire earliest time when any insured lined against a civil or alternative dispute under Paragraph 1.a.of Se6cin IF -Who Is ,An resoVion proceeding in which damages Insured or any"ernplc ee"authorized by you to to which this insurance applies are give or receive notice of an "occurrence" or alleged. claim= c, Liquor Liability (1) Deports all. or any part, of the "bodily injury" "Bodily injury" or "property darnage" for which or "property damage" to us or any other any insured may be held liable by reason of: insurer; (1) Causir7g or contributing to the intoxication of (2) Deceives a written or verbal demand or any person; claim for damages because of the "bodily injury„ or"pr�per#y darrrage": or (2,� The #umislling of alcoholic beverages to a person under the legal drinkkiq age or (3) becomes aware by any other means that tinder the influence of alcohol; or "bodily injury" or "property darnage" has occurred or has begun to Qccur_ (3) Any statute, ordinance or regulation relating to the *ale, gift distrit otion or use of f. Damages because of "bodily injury" include alcoholic beverages. damages claimed by any person or organization for care, loss of services or death This exclusion applies even if ;he claims resulking at any time tong the "bodily injury'., against any insured allege negligence or other wrongdoing in. �. Exclusions This insurance does hat apply to. (a) The supervision. hiring. employment, Pp Y training or monitoring of others by that a. Expected Or intended Injury insured: or "Bodily injury" or "property damage" expecled {b) Providing or failing to provide or intended ffom the mandpoint of the insured, transportation with respect to any Thos exclusion does not apply to "bodily injury" person that may be under the influence resulting from tl-e use of reasonable force to of alcohol. protect persons or property. if the "occurrence" which caused the 'bodily b. Contractual Liablilky injury' or "property damage" involved that "Bodily injury" or "property damage" for which which is described in Paragraph (1), (2) or (1) the insured is obligated to pay damages by above. reason of the a55lrmption of liability in a However, this exclusion applies only if you are contract or agreement. This exclusion does not in the business of manufacturing. distributing, apply to liability for damages: selling, serving or furnishing alcoholic (1) That the insured would have in the absence beverages. For the purposes of this exclusion, of the contract or agreement: or permitting a person to bring alcoholic beverages on your premises. for consumption ( ) Assumed in a contract or agreement that is on your premises, whether or not a fee is an "insured contract provided the "bodily charged or a license is required for such injury" or "property damage" occurs acrivity. is not by itself considered the business subsequent to the execution of the contract of selling, serving or furnishing alcoholic or agreement. Solely for the purposes of beverages. liability assumed in an "insured contracV'' to the extent that reasonable attorneys' fees and necessary This exclusion does not apply litigation expenses incurred b cx for a party valid "underlying insurance for the liquor other than ars insured are deemed to be liability risks described abgve exists or would damages because of "bodily injury" or have existed but for the exhaustion cit "property damage". provided. underlying limits for "bodily injury and "property damage". To the extent this exclusion �a) Liability to such party for, or for the cost does not apply, the insurance provided tender of, that party's de7ense has also been this Coverage Part for the liquor liability risks assumed in the carne "insured contract"; described above will Follow the sage and provisio-is, exclusions and limitations that are contained in the applicable "und'er'lying insurance", unless otherwise directed by this insurance_ Page 2 of 18 U Insurance Services Office, Inc_,2012 CV QO 01 04 13 CU210090501 4/1/2017 to 4/1/2018 d. Workers' Compensation And Similar Laws This exchision does not apply to the extent that Any ob,I]gation of `ha $nsured under a workers' valid "underlying i1suranCe" for the employer's cornpefl5ation, disability benefits or liaWiity risks oescrt4ed WQVC exists or Would unernploymer«t compensation law or any have existed but for the exhaustion of 5irrilar law, +underlying limits for "bodily injury"_ To the extent this exdusiorr does not apply, the e. ERISA insurance provided under this Coverage Part Any obligation of the insured under the for the employer's liability risks described Employee Retirement Income Security Act of above will follow the sane provisions. 1974 {EFTA}, and any amendments thereto or exclusions and limitations that are contained in any similar federal, state or local st,ahAe, the applicable 'underlying insurance", unless f. Auto Coverages otherwise directed by this insurance_ (1) "Bodily injury" or "property damage" arising h. Employment-related Practices cot of the owrership, maintenance or use of "Bodily irfury"to. any "auto"wh:ch is not a "covered aur'. or (1) A person arising au;of any: ( ) Any loss, cosl or expense payable under or (a) Refusal to employ that person, MSU161rIg feOM any fiat-party physical damage coverage. no-fau t law; persoral (b) Terrnination of that person's injury protection or auto rnedical payments ernployment, or coverage; or uninsured Or underinsured (c) Ernployrnent-related practices, policiM motorist law_ acts or emissions. such as coercion, g. Employer's Liability demotion, evaluation, reassignment, discipline, defamation, harassment, "Bodily injury"t0; hl nniliation. discrimination or malicious (1) An 'employee" of the insured arising out of prosecution directed at that person: or and in the course of. (Z) the sponse, child, parent, brother or sister (a) Employment by the insured; or of that person as a consequence of "bodily (b) Perfvrmins duties related to the conduct injury" to that person at whore any of the of the insured's business; or crnployment-related practices described in Paragraph(a), (b), or(c) above is directed, (2) the spocase, child, parent, brother or sister of that "employee" as a consequence of This exclusion applies whether the injury- Paragraph (1)above. causing even: described in Paragraph (a), (b) or (c) above occurs before employment, during This exclusion applies whether the insured employment or after employment of that may be liable as an employer or it any other person_ capacity, and to any obligation to share This exclusion applies whether the insured damages with or repay sorneone else who must pay damages because of the injury. may be liable as an employer or in any other capacity, and to any obligation to share This exclusion does nog apply to liability darnages with or repay someone else who assurned by the Insured under an "insured mutt pay damages because of the injury, contract"_ I. Pollution With respect to injury arising out of a "covered al"'. this exchtision does not applyto "bodily (1) "Bodily irtj�ry" or "}property damage" which injury" to domestic "employees" not entitled -.o but not have occurred in whole or part worker' compensation benefit. dor the discharge, #or the actual, alleged or threatened purposes o€ this in5ur�nct', a domestic discharge, dispersal, seepage. migratiorti, "ernployec" is a person engaged in household release or escape of "pollutants" at any or dornestic work performed time: or p principally �n connection with a residence premises. (2) "Pollution cost or expertise". CU 00 0104 13 C insurance Services ofhCe, Inc„2012 Page 3 of 18 CU210090501 4/1/2017 to 4/1/2018 This exclu-:Jan does not apply if valid (5) Aircraft that is: "underlying insurance" for the pollution liability (a) Chartered by, loaned to, of hared by you n5ks described above exists gr would have with a paid crew; and existed but for the exhaustion cf underlying limits for "bodily injury' and "property darnage"_ (b) Not ovined by any insured. To the extent tf'ris ex6losion does not apply, the k, facing Activities insurance provided under this Coverage Part "Bodily irtjury" or "property damage" arising out for the pollution risks described above will of the use of"mobile equipmerrt" or "autos" in, follow the same provisions, exclusions and or while in practice for. or while being prepared limitations that are contained in the applicable for, any prearranged professional c�r organized underlying insurance , uniess otherwise raci-ry, speed, dernolit on, or stunting activity or directed by this insurance, contest, j. Aircraft Or Watercraft k. War "Bodily injury" or "property darrrage" arising out "Bodily injury" or "property damage". however of the ownership, maintenance, use or caused arising, directly or indirectly,out of: entrustment to others cf any aircraft or watercraft owned or operated by or reiAed ur (1) War, including undeclared oT civil war: loaned to any insured. Use includes operation (2) Warlike action by a military farce, including and "loading or unloading,,, action in hindering or defending against an This exclusion applies even if the claims actual or expected attack, by any against any insured allege negligence or other government, sovereign or other authority wrongdoing in the supervision, hiring, using military personnel or other agents; or employment, training or monitoring of others by (3) Insvrrection, rebellion, revoluti(x,, usurped that insured, if the "t+ccufrer)ct�-" which caused power, or action taken by goveurneotal the "bodily injury" or "property damage" authority in hirrder.ng or defending against involved the ownership, rnaimenance, use or any of these, entrustment to others of any aircraft or m. Damage To Property watercraft that is owned or operated by or rented or loaned to any insured, "Property damage" to: This exclusion does not apply to: (1) Property; (1) A watercraft while ashore on premises you (a) You owri, rent, or occupy, induding any own or rent; costs or expenses incufred by you, or (2) A watercraft you do not own that is. any other person, organization or entity, for fepair, replacement, enhancament, (a) Less than 50 feet long; and restoration or maintenance of Such (tb) Not being used to carry persons or property for any reason, including property for a charge: prevention of injury to a person or (3) Liability assumed under any 'insured damage to another's property; or contract" for the ownership, maintenance or (b) Owned or transported by the insured use of aircraft or waterLraft; and arising out of the ownership. (4) The extent that valid "underlying insurance" maintenance or use of a "covered antro"_ for the aircraft or watercraft liability risks (2) Premises you self, give away or abandon, if described above exists or would have the `property damage" arises out of any existed but for the ex#'-auction of underlying part of those premises, limits for 'bodily injury" or "property (3) property loaned to you: darrtiage". To the 8xtent this exclusion does not apply, the insurance provided under#pis (4) Pers:�nal property in the ears, custody of Coverage Part for the aircraft or watercraft control of the insured; risks described above will follow the sa.,ne (5) That particular part of real property on provisions. exclusions and limitations treat which you or any contractors or are contained in the "underlying insurance subcontractor's working directly or indifectty unless otherwise directed by this insurance: an your behalf are performing operations, if or the 'property damage" arises out of those pperations; or Page 4 of 18 0 Insurance Services Off ice. Inc.,2012 CU 00 0104 13 CU210090501 4/1/2017 to 4/1/2018 (6) That particulai part of any property that (3) "impaired property", mull be. restored, repaired or replaced if such product, work. or property is withdrawn because your work' was incorrectly or recalled frorn the market or from use by any performed on it. person or organization because of a known or Paragraph (2) of this exclusion dogs not apply suspected defect: deficiency, inadequacy or if the premises are "your worm" and were never dangerous condition in it_ occupied, rented or held for rental by yoga_ r. Personal And Advertising Injury Paragraphs (1)(b), (3), (4), (g) and (6) of this "Bodily injury" arising out of "personal and exclusion do not apply :o liability assumed advertising injury" under a sidetrack agreennent, Paragraphs (3) and (4) of :his exclusion do not 5. Professional Serv€ces apply to liability assumed tinder a written "Bodily iluty" or "property damage" due to Trailer Interchange agn-ernent. rendering of or failure to render any Paragraph (6) of this exclusion does not apply professional service_ This includes but is not to "property damage" included rn the "products- limited to: completed operat ons hazard", 11) Legal. accounting or advertising services: n. Damage To Your Product 12) Preparing. approving, or failing to prepare "Property damage" to "your product" arising out or approve, maps, shop drawings, opinions, reports. surveys, field orders, change of it or any part of it, orders or drawings or specifications: o. Damage To Your Work 13) Inspection, SuDir misinn, quality control, 'Property damage' to "your work" arising out of architectural or engineering activities clone it or any part of it and included in the "products- by or for you on a project on which you completed operations hazard"_ serve as construction manager; This exclusion does not apply if the damaged (4) Engineering services, int fuding related work or the work " of which the darnage sr_€pervisory or inspection services; arises was peftrmed or your behalf by a (5) Medical, surgical, dental, -ray or nursing subcontractor. services treatirrent, advice or instruction; P. Damage To Impaired Property Or Property (6) Any health or therapeutic service treatment, Not Physically injured advice or instruction; "Property damage" to "impaired property" or (7) Any service, treatment, advice or instruct on property that has not been physically injured, for the arising out of. pur�po5e of appearance or skin enhancement, hair removal or replacement, (1) A defect, deftcierIcy, inadequacy or or personal grooming orth rapy; dangerous condition in "your product" or any service, treatment, advice or instruction relating work"; pr relatin g to physical fitness. including (2) A delay or failure by you or anyone acting servic8, treatment, advice or instruction in on your behalf to perioral a contract or connectior with diel, cardiovascular-fitness, agreement in accord anee with itS terms. bodybuilding orphysical training programs; Thrs exclusiorn does not apply to the loss of use (9) Optometry or optical or hearing aid services of other property arising out of sudden and lrclud.rrq the prescribing, preparations, accidental physical injuto 'your pfoduct" or fitting, demonstration or distribution of "your work" after it has been put to its intended ophthalmir, ienses and similar products or ease, hearing aid devices: q. Recall Of Products, Work Or Impaired {1 D} Body plerciny 5etvice5. Property (11) Services in the practice of pharmacy; Damages slain d for any loss, cost or (12) Law enforcement or firefighting services; expense incurred by you or others for the loss and of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal (13) Handling. embalming_ disposal, burial, of; cremation ar disinterment of dead bodies. (1) "Your product"; (2) "Your work"; or CU 00 0104 13 C ln$crance Services Orrice, lnc„2012 Page 5 of 18 CU210090501 4/1/2017 to 4/1/2018 This exclusion applies every if the claims COVERAGE B—PER50NAL AND ADVERTI SI14G against any insured allege negligence or other INJURY LIABILITY wrongdoing in the supervision, hiring, 1. Insuring Agreement ernployrnent, training or monitoring of other,5 by that insured. if the occurrence which caused a We will pay on behalf of tl,e insured the the "bodily injury" or "property damage", "uttirrlate net loss" in excess of the "retained involved the renderir:g #f or failure to render IimV because of "personal and advertising any professional service. injury" to which this irrsurance applies. We will have the right and duty to defend the insured t. Electronic Data against arty "suit" seeking damages for such Damages arising out of the loss of, loss of use "personal and advertising injury" when the of, damage to, corruption of, irabilily to access "underlying insurance" does not provide or inability to manipulate electronic data. coverage or the limits of"underlying insurance" However, this exclusion does not apply to have been exhausted. When we have no duty liability for damages because of"bodily injury^ to defend, we wili have the right to defend, or to participate in the defense of, the insured As used in this exclusion. electronic data against any other "suit" seeking damages to means inforrnabon, facts or proQrarns stored as which this in*vr�tnre may apply, However, we or vn, created or used on, or 'ranSrnitted to or will have no duty to defend the insured against from computer software, including systerns and any "suit" seeking damages for "personal and applications software, hard or floppy disks, C€}- advertising injury"to which tl'ris insurance does ROMs, tapes. drives. cells, data processing not apply. At our discretion, we may investigate devices ur any gther media which are used any offense that may involve this insurance with electronically controlled equipment, and settle any resultant claim or"suit" for which This exclusion does not apply if valid we have the duty to defend_ But; "underlying insurance" for the electronic data (1) The amount we will pay for the "ultimate net risks described above exists or would have boss" is limited as described ill Seckion III — exi5tE td but for the exhaustion of undeHying Limits Of Insurance; and limits for "bodily 'rnjury" and "propery darnage"_ The insurartee provided uhave undipr this Coverage ) LI and duty to defend end when we Part will follow the same provision5, exclusions have tip lyre applicable limit of and limitations that are contained in the insurance in the payment of judgments or applicable "underlying insr,rance", runless settlements under Coverages A or B. otherwise directed by this insurance, No other obligation or liability to pay sums or u. Recording And Distribution of Material Or perform acts or services is covered unless information In Violation Of Law explicitly provided for under Supplementary Faymerrt!� —Coverages A and B. "Bodily injury" of "property"Bodily arising directly or Indirectly out of any action or b. This insurance applies to "personal and omission that violates or is alleged to violate: advertising injury" that is subject to an applicable "retained limit", If any other limit, (1) The Telephone Consumer Protection Act 5urh as a sublirnit, is specified in the (TCPA), including any amendment of or "underlying insurance", this insurance does not addition to such Law; apply to "personal and advertising injury" (2) The (--AN-SPAM Act of 2003, including any arising out of that exposure unless that limit is amendment of or addition to such law, specified ir the Declarations ander the (3) The Fair Credit Reporting ,Act (FORA), and Scbedule of"underlying insurarce"_ any amendment of or addipboer to suclti law, c. This insurance applies to "personal and including the Fair and Accurate Credit advertising injury' caused by an offense arising Transactions Act (FACTAY,or out of your business but only if the offense was (4) Any federal, state or local statute, committed its the 'coverage territory" during the ordinance yr regulation, ether than "he policy perivtl_ TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, teat addresses, protlibitb, r3r limits the printing, di�5emiration, disposal, collecting, recording, sending, transmitting, cornmunlcatir�g of distribution of material or informs#ion, Page 6 of 18 V Insurance Services office. Inc_,2012 CU 00 0104 13 CU210090501 4/1/2017 to 4/1/2018 2. Exclusions (9) Infiringement Of Copyright, Patent, This insurance does not apply to. Trademark Or Trade Secret a. 'Personal arFd advertising injury". Arising out of the infringement of copyright. patent, trademark, trade secret or other (1) Knowing Violation Of Rights Of Another intellectual property rights. Under this Caused by or at the direction of the insured exclusion, such ot'ier intellectual property with the knowledge that the act would rights do not include the use of another's violate the fights of arkother and would inflict advertising idea in your"advertisenier,t", "persona! and advertising injury" However, this exclusion does not apply to ( ) Material Published With Knowledge Of infringement, in your 'advertisement". of Falsity copyright, trade dress or sboS-an- Arismg out of oral or written publication, in (10) Insureds In Media And: Intemet Type any manner, of material. if done by or at the Businesses direction of the insured with knowledge of Cornmittecl by an insured whose business its falsity. is, (3) Material Published Prior To Policy Period (a) Advertising. broadcasting, pt�blish�ng or telecasting; Arising out of oral or written publication, in (b) Designing or determining content of wen any manner, of material whose first sites for others; or publication took place before the beginning of the policy period, (c) At7 Internet search, ac=cess, content or (4) Criminal Acts serviceprmider. of rising out of a criminal act 4ammitted b or paragrapHowcver, this exclusior, does not apply to A at the out of tie irtisuretl. hs '14.a., b. and c, of personal and advertising injury" under the Definitions 0) Contractual Liability section. For which the Insured has assumed liability For the purposes of this exclusion, the in a contract or agreement. This exclusion placing of frames, borders or links- or does not apply to; advertising. for you or others anywhere on (a) Liability for darrlages that the insured the Intemet, is not by itself, considered the would have in the absence of the business of advertising, broadcasting, contract or agreement. publish Ing or telecasting- (b) Liability fcr false arrest. detention or (11) Electronic Chatroorns Or Bulletfn imprisonment assumed in a contract or Boards agreement, Arising out of an electronic chatroom or (6) Breach Of Contract bulletin hoard the insured hosts, owns, or over which the insured exercises control. Arising out of a t re cf: contract, except (1Z Unauthorized Use Of Another's Fume Or an implied contract too use �r;Qthcr"5 advertising Idea In your"21dvertisement"- Product(7) Quality Or Performance Of Good's — Arising out of the unauthorized utie of Failure To Conform To Statements anotherrs narne or product in your a-rnaii address, domain name or metatag, or any Arising out of the failure of goods. products other similar tactics to mislead another's or services to conforn) with any statarment potential customers. of quality or performance made in your (��� Pollution (8) (8) Wrong Description Of Prices prising out cf the actual, alleged or threatened discharge, dispersal, seepage, Arming out of the wrongdescription of &,e threatened release or escape of "pollutants" price of goods, products ur services stated a'any time. in your "advertisement", CIS OD D1 04 13 C insurance Servpces Office. inc„2012 Page 7 Of 18 CU210090501 4/1/2017 to 4/1/2018 (14) Employment-related Practices Any health or tl3erapeutic service To_ treatment, advice or instror-tion; (a) A person arising out of any; (g) Any service. treatment. advice or instruction for the purpose of (i) Refusal to employ that person; appearance or skirt enhancement, hair (ii) Termination of that person's removal of replacernent, or personal employmeat: or groor'ning or therapy; (iii) Employrxsrrrit-related practices, (1t) Any service, treatment, advice or policies, acts or omissions, such as instruction relating to physical fitness, coercion, demotion, evaluation, including service. treatrnerrt, advice or reassignment, discipline, defamation, instruction in connection with diet, harassment, humiliation, cardiovascular fitness, bocipuilding or discrimination or malicious physical training programs; prosecution directed at that person; (i) Optornetry or optical or hearing aid or services including the prescribing. (b) The spouse. child, parent. brother or preparation, fitting, demonstration or sister of that person as a conse�u(,nCC, distribution of ophINImic lenses and of "personal and advertising injur " to similar pfodocts or hearing aid devices; that person at whom any of the q) Body piercing services; ernployrnent-related practices described in Paragraph (i), (ii) or (M) above is (k) Services in the practice Of pharmacy., directed. (1) Law enforcement or firefighting services; This exclusion applies whether the injury- and causing event described in Paragraph (1), (rn) Handling, embalming, disposal, burial, (1I) or (iii) above occurs before crernation or disinterment of dead employment, during erriooyment or after bodies. employment of that person. This exclusion applies even if thee claims This exclmsion applies whether the �Psured against any insured allege negNgence or may be liable as an employe, or in any other wrongdoing in the supefvif i[}n, hiring, onset capacity. and to any obligation to empFoyment, training or monitoring of share damages with or repair sorneone else others by that insured, if the offense which who must pay damages because of the caused the "personal and advertising injury. injury"' involved the rendering of or failure 15) Professional Services to render any professional service. Arising out e. the rrsrsdering of or failure to (16) War reader any professional service_ This However caused. arising, directly or includes but is not Iintiited to- indirectly,out of; (a) Legal, accoun ing or advertising (a) War, including undeclared or civil war: services: (b) Warlikrr actions by a military force, N Preparing_ approving, or failing to including action in hindering or prepare or approve, maps. shop defending against a-i actual or expected drawings, opinions, reports, surveys, attack. by any government, sovereign or field orders, change orders or drawir~gs other authority using military personnel or Spec ificatior$, of other agents; or (c) Irsspectior. supervision. quality control, (c) Insurrection, rebellion. revolution, architectural or engineering activifies usurped power, or action takers by done by or for you on a project ori which governmental authority in hindering or you serve as construction manager; defending against any of these, (d) Engineering services, including related supervisory or inspection services', (e) Medical. surgical, dental, X-ray or nursing services treatment_ advice or ristruction: Page 8 of 18 V Insurance services Office, InC„2012 CU 00 0104 13 CU210090501 4/1/2017 to 4/1/2018 (17) Recording And Dlstributfon Of Material f, Prejudgment interest awarded against the Or Information In Violation of Law insured on that pert of the judgment we pay. If Arising directly or indirectly out Gf any we make an offer to pay the apoicabie limit of action, or omissive',that violates or is alleged insurance, we will not pay any prejudgment to violate, interest based on that period of time after the offer_ (a) The Telephone Con5omer Protection Act (TCPA), ircludirng any amendment J- All interest on the full amount of any judgment of or addition tc such law; that accrues after entry of the judgment and before we have paid, offered to pay. or (b) The CAN-SPAM Act of 2003, including deposited in court the part of the judgment that any amendment of or addition to such is within, the applicable limit of insurance_ law; These payments will not reduce the iimits of (c) The Fair Cre& Reporting Art (FCRA). insurance. and any amersdment of or addition to such law, ir,r_luding the Fair and 2. When 'c'e have the right but not the duty to defend Accurate Credit Transactions Act the insured and beet to participate in the defense, (FACIA); or we will pay our Gown expenses but will not e-ointribuie to the expenses of the insured or the (d) Any federal, state of local statute, "underfying inteurer"_ ord,rkance or regulation,, other than the TCP,4, CAN-SPAM Act of ppb or 3. If we defend an insured against a "suit" and an f"CRA and their amendments and indefr,r iTee of the insured is also named as a party additions. that addfesses, prohibits, or IQ the "suit", we will defend that indemnitee if all of limits the printing, dissemination, the tollowing CaMition5 are rnet, disposal, collecting, recording, sending, a. The "suit' against the indernnitec seeks transmitting. communicating or damages for which the insured has assumed distribution of rnateriai or information. the liability of the indernnitee in a contract ur b. 'Pollution cost or expense"_ agrtthl(Mt that is an "insured contract`-, UPPLEMENTARY PAYMENTS— COVERAGES A b. This insurance applies to 5uch liability AND 0 assumed by the inured; 1. We will pay, with respect to any claim vie c. The obligation to defend, or the cost of the investigate or settle, or any "suit" against ars defense of. That inderrnnitee, has also been insured we defend, when the dusty to defend assumed by the insured in the same "insured exists. contract"', a. All expenses we i)cur. d. The allegations In ;he %uiV and the information we know about the "occ>arrence' are such that b. Up to $2.ODO for cost of hail hands (incfuding no conflict appears to exist between the bonds for related traffic law violations) required interests of the insured and the interests of the because of an 'occurrence" we cover_ We do indemnitee; not have to furnish these bonds. e. The indemnitee and the insured ask us to c. The cos; of bvr�ds to release attachments, but conduct and control the defense of that only for bond amounts. 'within the applicable indemnitee against such "suit" and agree that limit of insurance. We do not have to turnish we can assign the same co,insel to defer:d the these bonds. insured and th4n indemnitee: and cf. All reasonable expenses incurred by the if. The indemnitee: insured at our request to assist us in the investigation or defense of the claim or "suit", (1) Agrees in writing to; including actuaf loss of earnings uta to $250 a (a) Cooperate with u5 iri the investigaEiorn, day because of time off from work. settlement or defense of the e. All court costs taxed against the insured in tN {b} Immediateily send us copies of any "suit'. However. these payments do not include demands, notices, summonses or legal attorneys' fees or attomeys' expenses taxed papers received in connection with the against the insured. "suis~ (c) Notify any other insurer whose coverage is available to the indernnitee; and CU 00 01 04 13 C, Insurance Services Office, inc-2012 Page 9 of 18 CU210090501 4/1/2017 to 4/1/2018 (d) Cooperate with us with respect to (5) A trust, you are an ir15tirecl_ Ypur trustees coordinating other applicable insurance are also insureds, but only with respect to available to the indemnitee-, and 1hpir duties as trustees, (2) Provides us with written authorization to: b, Each of the following is also an insured' (a) Obtain records and other information (1) Your 'Volunteer workers" only while related to the "suit"; and porfonning duties related to the comiuct of (b) Conduct and control the defense of the your business, or your "employees", other indemnitee in such"'suit _ than either your "executive officers" {if you are an organization ether than a So lora as the above conditions are met, partnership, joint venture or limited liability attorneys' fees ince rred by us in the defense of cornpany) or your managers (if you are a that indemnitee, necessary litigation expenses limited liability company). but only for acts incurred by us and nece=ssary litigation expenses with iri the scope of their employment by you incurred by the indemnitee at our request will be or Abile performing duties related to the paid as Supplementary payments, conduct of your business. However. none of Notwithstanding the provisions of paragraph these "employees" or "volunteer workers" 2.b.J2-) of Section f — Coverage A — Bodily Injury are insureds for: And Property Damage Liability. such payments will not be deemed to be damages for "bodily injury" �a) `Bodily injury" or "personal' and and "property damage" and will not reduce the advertising injury": limits of insurance. (I) To you, to your partners or members Our obligation to dafnnd an insured's inderrinitee (if you are a partnership or joint venture), to your rnernbers (if you are and to pay for attorneys' fees and necessary venture), limited liability company), to a co- litigation expenses as Suppierrientary Payme-its "employee" in the course of his or ends when we have used up the applicable limit of her ernployrnent or performing duties insurance in the payment of judgments or related to the conduct 0 your settlements or the corl6 ions set forth above, or busine-ss or to your other "volunteer the terms of the agreement de!scri€red it workers" v4hile Paragraph#, move,are no longer met performing duties related to conduct of your SECTION II-- WHO IS AN INSURED business: 1. Except for liability arising out of the ownership, (i() To the spouse, child, parent, brother maintenance or use of"covered autos"., or sister of that co-"employee" or a, if you are designated in the I-eclarations as. "volunteer worker"as a consequence of Paragraph (a){i) above; or (1) An individual, yuu andyour spouse are (iii) For which there i5 any obligation to insureds, but only with respect to the conduct of a business of which you are the share damages with or repay sola owner_ sorneaf,e else who must pay damages because of the injury (2) A partnership or joint venture, you are an described in paragraph #a)(i) or (n) insured. Your rnernbers, your partners, ; rnd above, their spouses are also insureds, but only (b) "property damage"lo property, with respect to the conduct of your business. (i? Owned, occupied or used by; (3) A limited liability company. you are an (ti) Rented to, in the care, custody or in$ur4 fid. Your member.5 are also insureds, cor4rol of, or over which physical but only with respect to the conduct of your control is being exercised for any business. Your rnanagi-rs are insureds. but purpose by, only with respect to their duties as your you, any of your "employees', "vohxnteer managers_ workers", any partner or member (if you (4) An orgariifation other #;hart a partnership, are a partnership or joint ve=nture), or joint venture or limited liabildyr Company, any member (if you are a limited liability you are an insured. your "execrative company)_ officers"and directors are insureds, but only (2) Any person (other than your "employee" or with respect to their duties as your officers "volunteer worker"). or any organization or directors. Your stockholders are also while acting as your real estate manager. insureds. br t only with respect ra th6r liability as stockholders- Page 10 of 18 C Insurance Services Office. Inc_,2012 CU 00 0104 13 CU210090501 4/1/2017 to 4/1/2018 (3) A.,y person or organization having proper (4) Anyone other than your "employees", tcniporary custody of your property if you partners (if you are a partnership), die, but only-. members (if you are a lirnReO riahility (a) With respect to liability arising out of the company). or a lessee or borrower or any of maintenance or use of that property; their "employees", while moving property to and or from a `covered auto", (b) Until your legal representative has been (5) A partner (if you are a partnership), or a appointed_ member (if you are a limited liability (4) Your legal representative if you die, but only cornpany) for a "covered auto" owned by with respect to duties as such. That him or her or a member of his or her representative will have all your rights and household, duties under this Coverage Part, (B) "Employees" with respect to $ ily injury" c. Any organization you newly acquire or form, to. other than a partnership,joint venture c limited (a) Any fellow "employee" of the insured liability company, and over which you maintain arising out of and in the course of the ownership or majority interest, will qualify as a fellows "employee's" employment or Named Insured if there is no ager sirnilar while performino dutiet ro-iated to tht! insurance avaiiahle. to that organization_ conduct of your business; or However; (b) The spouse, child, parent, brother or (1) Coverage +ander this provision is afforded sister ;,f that fellow "employee' as a Qrkly until the 90th day after you acquire or consequence of Paragraph (a) above, form the organization or the end of the c, Anyone Mable for the conduct of an insured policy period, whichever is earlier; described above is also an insured, but only to ( ) Coverage A does not apply to "bodily injury" the extent of that liability. or "property damage" That occurred before 3, Any additional insured under any policy of you aCgt etd Or formed the organization, "underlying insurance" will automakally be an and insured underthi5 insurance, (3) Coverage 13 does not apply to "personal Subject to Section lit - Limim Of insurance, if and advertising injury" arising out of an coverage provided to the additio-ial insured is offense committed before you acquired or regorred by a contract or agreernent, the most we formed the organization_ will pay Qn behalf of the additional insured i5 the 2. Only with respect to liability arising out of the amount of insurance, ovonership, maintenance or use of "covered a. Required by the contract or agreement. less autos", any arrfounts payable by any "underlying a. You are an insured_ insurance"; or b. Anyone else while using with your permission a b. Available under the applicable Urnils of "covered aorto" your own, hire or borrow is also ln5ufance shown in the Dedarations; ars insured except= whichever is fess. (1) The owner or anyone else from whern you Additional insured coverage provided by this lire or borrow aE "covered auto". This insurance will not be broader tnan coverage exception does not apply if the "covered prcrrided by the "underlying insurance". auto" is a clearer of sewi#railer connected to No person or organization is an insured with respect a "covered auto'you own_ to the conduct of any current or past partnership, joint (2) Your "employee" 0 the "covered auto" is venture or limited liability comparxv that is not shown owned by that "employee" or a member of as a Named Insured in the Declarations_ his or herhousehold, (3) Someone using a "covered auto" while he or she is working in a business of selling, servicing, repaOng, parking or storing "autos" unless that business is yours. CU 00 0104 13 C Insurance Services Office, Inc-2012 Page 11 of 18 CU210090501 4/1/2017 to 4/1/2018 SECTION III—LIMITS OF INSURANCE SECTION IV—CONDITIONS 1. The Limits of Insurance shown in the Declarations 1, Appeals and the rules below fix the most we will pay if the "underlying insurer" or insured elects not to regardless of the number of; appeal a judgment in excess of the"retained Iii mik", a. Insureds: we may do so at our own expense. We will also b. Claims made, '.suits" brought, or number ofpay for taxable court costs, pre- and postjudgment vehicles involved- or interest acid disbursements associated with such appeal. In ro event will this provision increase our c. Persons or organizations rnakin� rtairns or liability beyond the applicable Limits o`• Insurance bringing "!340s'F- described in Section {fl — Limits Of Insurance- 2. The Aggregate Limit is the most we will pay for the 2. Bankruptcy sum of all "ultirrate net lass" tinder: a. Bankruptcy Of Insured a. Coverage A, except "ultimate vert loss" Bankruptcy or insolvency of the insured or of because of"#podgy injury" or "property damage" arising out of the ownership, maintenance or the in5ured's estate will raot relieve us of our use of a "covered auto"; and obligations under this Coverage Part- b. Coverage B. b. BankruottyOf Undelrl*,l Ins Wer 3. Subject to Paragraph 2. above, the Each Bankruptcy or irsolvency of the "underlying Occurrence Limit is the most we will pay for the insurer" will not retrieve us of our obligations sum of all "ultimate net loss" under Coverage A under this Coverage Part. because of Ml "bodily injwy" and "poo rly ,however, this insurance *11 not replace the damage" arising out of any one "occurrence "underlying insurance" in the event of bankruptcy 4. Subject to Paragraph 2. above, the Personal And or insolvency of the "underlying insurer" This Advertising Injury Limit is the most we will pay insurance will apply as if the "un dying under Coverage B for the sun, of alk "ultirrate net insurance"were in full effect. loss" because of all "personal and advertising 3, Duties In The Brent Of Occurrence, Offense, injury" !>ustairie by any one person or Claim Or 50t organization. a. You must see to it that we are notified as soon S. If there is "underlying insurance" w th a polioy as practicable of an "occurrence" or an offense, }period that is nonconcurrent with the policy period regardless of the arnount, which may result in a of this Commercial Liability Umbrella Coverage claim. To tl a extent possible, notice should Part, the "retained limit(s)" will only be rediced or incUde; exhausted by payments for: (1) Flow. when and where the "occurrence" or a. "Bodily injury" or "property damage" which offense tools place; occurs during the policy period of this (2) The names and addresses of any injured Coverage Part; or parsons and witnesses; and b. "Personal and advertising injur ` for effense5 (3) The nature and location of ary injury or that are cQm nitted during the policy period of damage arising out of the "occurrence" or this Coverage Part- offense, However. if any "underlying insurance" is written b. 1f a claire is made or "suit" is brought against on a claims-made basis. the "retained {imit(s}~ will any insured, you must: only be reduced or extlaust,ed by claims for that (y} Imrnediateiy record the specifics of the insurance that are made during the policy period, claim or"sail"and the date received', and or any Extended Reporting period, of this Coverage Part- (2) Notify us as soon as practicable, The Aggregate Li-nit, as described in Paragraph 2. You most see to it that we receive Written above, applies separately to each consecutive annual notice of the claire or "suit" as soon as period and to any remaining period of less ,han 12 practicable- months, starlirry with the beginnlrg of the policy c, you and any other involved insured must. period shown in the Declarations, unless the policy (1) Immediately send us copies of any period is extended after issuance for an additional demands, notices, summonses or legal period of less than 12 months. 1n that case, the papers received in connc[aion with the additional period will be deemed part of the last claim or preceding period for purposes of determining the Limits of Insurance. Page 12 of 18 19) Insurance Services Office, frig-,2012 CU 00 01 0413 CU210090501 4/1/2017 to 4/1/2018 (2) Authorize us to obtain records and otJier (2) The total of aif deductible and self-insured information; amounts under all that other insurance, (3) Cooperate wish cls in the ifivestigalion or G. Premium Audit settlemerkt of the claim or defense against a. Vve will compute all the suit ; and P premiums for this Coverage Part in accordance with our rules (4) Assist us, upon our request, in the and rates. enforcement of any right against any b, Premium shown in this Coverage Port as person or organization which may be liable advance premium is a deposit prernium only. to the insured because of injury or damage At the close of cacti audit period we will to whiCh this,insurance may atso apply, compute the earned premium for that period d. No insured will, except a: that in5ured'5 own and send notice to the first Named Insured, cost, voluntarily make a payment, assume any The due date far audit and retrospective obligation, or incur any expense, other than for premiums is the date shown as the due date first air},without aur consent_ on the bill_ if the sura of the advance and audit 4. Legal Action Against lis premiums pa!d for the poii�:y period is greater than the earned premium. we will return the N0 person or organization has a right udder this CN�tsg to the first Warned Insured. Coverage Part; c. The first Narned Insured must keep records of a. To join us as a party or otherw'se briny us into the information we need for premium a "suit' asking for damages from an insured; or cornputadon, and send us copies at such times b. To sue us on this Coverage park unless all of as vve may rrrgge.st, its terms have been tally cottaplf ed with, 7. Representations Or Fraud A person or organization may sue us to recover on By accepting this policy, you agree. an agreed settlernent or on a final judgment a. Thi statements ail the Declarations are against an insured; but we will not be lia�le for darnages that are not payable under the terms. bf accurate and complete: this Coverage Part car that are in excess of the b. Those statements are based ups applicable limit of insurance. An agreed settlement representations you made to us; means a settlement and release of liability signed c. We have issued this policy in reliance upon by us: the insured and the claimant or the your representations; and claimant's legal representative. S. Other insurance d. This policy is void in airy case of fraud by you as it relates to this policy or any claim under a. f his insurance is exceSS over, and shall not this policy, contribute with any of klie other insurance, g+ Separadon Of insureds whether primary, excess, contingent or on any other basis_ This condition will not apply to Except with respell to the Limits of Insurance, and insurance specifically written as excess over any rights or duties specifically assigned in this this Coverage Part. Coverage Part to the first Named insured. this insurance applies. When this insurance rs excess, we will t3ave rip duty t,nder Coverages A or 13 to defend the a. As if each Named insured were the only insured against any "suit" if afly other insurer Darned Insured, and has a dirty to defend the nsured against that lx. Separately to each insured against whom claim 'suit"_ If no other insurer defends, we will is made or"suit" is brought, undertake to do so, but we will be entified to 9. Transfer Of Rights Of Recovery Against Others the insured'5 rights against all those other 'r o tis insurers. b. Whea this insurance i5 excess over other If the insured has rights to recover all or part of irr5urance, vie wil pay only our share of the any payment we have made u-rder this Coverage "ultimate net loss"that exceeds the sum of: Pah, those rights are transferred to us. The insured must do nothing after loss to impair them_ (1) The total amount that all such other At our request, the insured will briny "suit" or insurance would pay for the lass in the transfer those rights to us and help u5 enforce absence of the insurance provided under them, this Coverage Part; and OIC 0001 0413 (r, Insurance Services Office, Inc-2012 Page 13 of 18 CU210090501 4/1/2017 to 4/1/2018 10.When We Do Not Renew 14.Expanded c=overage Territory If we decade root to renew this Coverage Part. we a. if a "suit" is brought in a Part of the "coverage will Mail or deliver to the first Warned Insured territory" that is outside the United States of shown iri the Declarations written notice of the America (including its territories and nonrenewal not less than 30 days before the possess-ons). Puerta Rico or Canada, and vie expiration date, are prevented by law, or otherwise, from If notice is mailed, proof of mailing will be sufficient defending the insured, the insured will initiate a proof of notice, defense of cyte "suit', We will reimburse the insured, under Supplementary Payments, for 111,Loss Payable any reasonable and necessary expenses Liability under This Coverage Part does not apply incurred for the defense of a "suit" seeking tc a givers claim unless and until; damages to which this insurance applies, that a. The insured or insured's "underlying insurer" we would have paid had we been able to has become obligated to pay the "retained exe-cine our fight and duty to defenc_ limit"; and If the insured becomes legally obligated to pay b_ The obligation of the insured to pay the sums because of damages to which this ,'ultimate net foss" in excess of the "retained mura= applies in a part of the "G4vt:rpV limit" has been determined by a final settlement terrkory" that is outside the United States of or judgment or written agreement among the America Onduding its territories and insured_ clairnanl and us_ possessions), Puerto fico or Canada, and we are prevented by law. or otherwise, from 12.Transfer Of Defense paying such suras on the insured's behalf, we When the underlying limits of insurance have b(3en will reirnburse the insured for such sums_ used up in the payment of judgments or b. ,All payments or reimbursements we make for settlements, the duty to defend will be trarsferred darnages because of Judgments or settlements to us. We will woperate in the transfer of cortlrol will be made in U.S. currency at the prevailirkcq to us of arty outstanding clairns or "suits" seeking exchange rale at the time the insured became damages to which this insurance applies which legally obligated to pay Such Surns. All would have been covered by the "underlying payments or reimbursements we make for insurance" had the applicable limit not been used expenses under Supplementary Payments will up. be made in U-S_ currency at the prevailing 13.Maintenance OVChartges To Underlying exchange rate at the time the expenses were Insurance incurred. Any "underlying insurance" must ae maintained in c. Any disputes between you and tis as to full effect without reduction of coverage or limits whetter there is coverage under this policy except for the reduction of rhe ngfln�aate limit in mast be filed in the courts af the United States accordance with the provisions of such "underlying of America (including its terrho0es and insurance" that results from payment of clairn5. possessions), Canada or Puerto PiCp. settlement or judgfnents to which this insurance d. The insured must fully maintain any coverage applies, required by law, regulation or other Such exhaustion or reduction is not a failure to 9ovemmental authority during the policy maintain "underlying insurance"_ f=ailure to period, except for reduction of the aggregate maintain "underlying insurance" will not invalidate limits due to payments of claims, }t}dgments or insurance provided tinder this Coverage Parkr btrt settlements, irts?t,rance provided under this Coverage Part -will Failvrq� to maintain such coverage required by apply as if the "uncerlying insurance" were in full law, regulation or other governfrientai authority effect. will not invalidate this insurance. However, this If there is an increase in the scope of coverage of insurance will apply as if the required coverage a,iy "underlying insurance" during the term of this by law, regulation or other governmental policy, our liability will be no more than it would authority was in full effect, have beers if there had been ne such inicr ase. Yoti must notify us m writing, as soon as practicable, if any "underlying insurance' is cancelle,d, not renewed, replaced or ozktervoasc terminated, or if the limits or scope of coverage of any"underlying insurance" is changed. Page 14 of 18C Insurance Services Office, Inc-2012 CU 000104'13 CU210090501 4/1/2017 to 4/1/2018 SECTION V--DERNITION5 if such property can be restored to use by the 1. Wvertisement" means a notice that is broadcast repair, replacement, adjustment or removal of or published to the general public or specific "your product' or "your worK% or your fulfilling the market segments about your goods, products or terms of the contract or agreement. services for the purpose of attracting custorners or 15. "Insured cortract" means: supporters_ For the purposes of this definition-. a. A contract for a lease of premises_ However, a. Notices that are published include material that portion of the contract for a lease of plx8dl on the Internet or on similar electronic premises that indemnifies airy person or means of c�mmunicativn; and organization for damage by fire to premises b. regarding web sites, only that part of a web while rented to you or temporarily occupied by site that is about your goods, products or you with permission of the oviner is not ars services for the purposes of attracting "insijred contract"; custotrters or supporters is considered an b. A sidetrack agreement; advertisernent. c. Any easement or ;icense agreement, except in 2. "auto"means; connection with construdon or demolition a, A land motor vehicle, trailer or 5emilrailer operations on or within 50 feet of a railroad; designed for travel on public roads, including d. An obligation, as required by ordinance, to any attached machinery or equipment; or Indemnify a municipality. except in connectio,-t b. Any other land vehicle that -s subject to a with work for a muMcipa]4; compulsory or financial responsibility 'aw or e. An elevator rnairdenance agreement', other motor veh;rle insurance law where it is f. That part of any contract or agreement entered licensed or principally garaged_ €nto, as part of your business, pertaining to the However, "auto' does ni)t include "mobile rental or lease, by you or any of your equipment", "employer*s", of any '.auto"_ Hcnvever, suc� 3. "Oodily injury" Meant bodihy injury, disabilrly, contract or agreement shall not be considered sickness or disease sustained by a person. art "insured contract" to the extent ihat it including death resulting from any of these at arty obligates your or any of your "employees" to time, "Bodily injury" includes mental anguish or pay for "property damage" to any "auto" rented other mental injury resulting from "bodily injury" or leased by you or any of your"employees"_ 4. "Coverage territory" means anywhere in the world g. That part of any other contract or agreernert with the exception of any country or jurisdiction pertaining to Your business (including an which is subOct to trade or cher economic indernnification of a municolity in connection sanction or embargo by the United States of with worn performed for a municipality) under Arr)erica which you assume the tort liability of another 5. "Covered auto" means only those "autos" to which party to pay for 'bodily injury" or "property damage" to a third }person or organization. Tort "underlying ins,+rance"applies. liability means a liability tha: would be imposed 6. "Employee" includes a "leased worker". by law in the absence of any contract or "Ernpioyee" does not include a "tempgrary a�reerrtent, worker'_ Paragraphs f. and g_ do not include rKm part of 7. "Executive officer" means a person holding any of any cen:ract or agreement: the officer positions created by your c.l,arter, (t) That ifidennrkif+es a railroad fof"t)odit nu „ constitution, bylaws or any other similar governing y ij or 'property damage” arising out of i:C,rrrment. Lon5truction ordemlition operations, within 8. "If-,ifsaired property" means tanjible property. other 50 feet of any railroad property and .harl ' ur pmd�jc#" of "yWr work". that canqot be atfecting arty railroad bridge or trestle, d or is less useful because: tracks, road-beds, turtnel, underpass or a_ It incarpprate!i "your product" ur "your work" cfossi'rg, that is known or thought to be defective, (Z) That pertains to the loam, lease or rertal of deficient. inadequate or dangerous', or an 'auto" to you or any of your b. You have failed to fulfill tine terms of a contract "emp€oyee�", if the "auto" is loaned, leased or agreement: or ranted vekh a driver; or CU 00 01 0413 C lnsurance Services Office, Irrc_, 012 Fuge 15 of 18 CU210090501 4/1/2017 to 4/1/2018 (3) That helds a peeson or organization f. Vehicles not described in Paragraph a., b., c. engaged in the business of transporting or d. above mairKained primarily for pu-poses }property by "auto"for We harmless for your other than the transportation of persons or use of a `covered auto" over a route or cargo, territory that person or organization is However. self-propelled vehicles with the authorized to serve by public authority. following types of permanently attached 10."Leased worker" means a person leased to you by equipment are not "mobile equipment" but will a labor leasing firrn under an agreernent between be consi&red "autos"; you and the labor leasing firm, to perform duties (1) Equipment designed prirnar'y for: related to the conduct of your business, "Leased worker" does not include a "temporary worker". (a) Snow removal; 11."Loading or unloading" means the handling of (b) Road maintenance, but not construction Property: or res uHad nq; or a. After it is moved from the place where it is {C} Streetcleaning" accepted for movement into or onto an aircraft, (2) Cherry pickers and similar devices mounted watercraft or"auto"; on automobile or truck chassis and used to b, While it is in or on an aircraft, watercraft or raise or lower workers: and "auto". or (3) Air corepressors, pumps and generators. c. While :t is being moved from an aircraft, including spraying, welding, building watercraft or "auto" to the pace where it is cleanlr~g, geophysical exploratiar,, lighting finally deIiverpd; and well 5r,r Bring equipment. but "loading or unloading- does not include the Howeve,, "mobile equipment" does not include movement of property by means of a mechanical land vehicles that are subject to a compulsory device, other than a hand truck, that is riot or financial responsibility law or other rnotor attached to the aircraft, watercraftor "auto". vehicle insurance law where it is licensed or 1 .P +loblle a ui rracnt" means any of the follown principaEly garaged. Lard vehicles subject to a 9 Compulsory or financial responsibility law or types of land vehicles, including any atta&ed other motor vehicte insurance lava are machinery or equiprnertt, Considered "autos". a, Bulldozers, farm machinery, forklifts and other U."Occurrence" means an accident, including vehicles designed for use principally off public continuous or repeated exposure to substantially roads; the sante general harmful conditions- b. Vehicles maintained for use solely On or next to 14."Personal and advertising injury" means injury, premises you own or rent; including consequential "bodily injury arising out c. Vehicles that travel on crawler tread$: of one or mare of the following offenetx' d. Vehicles, whether self-propelled air not, a. False arrest, detention or imprisonment; maintained primarily to provide mobility to b. Malicious prosectrtron, permanently mounted- c. The wrongful eviction from, wrongful entry into, (1) Power cranes, shovels, lraaders, diggers or or invasion of the right of private occupancy of drills; or a room, dwelling or premises that a person (2) Road constr�,ctior. or resurfacing equipment occupies, committed by or on behalf of :Is such as graders, scrapers or rofiers; owner, landlord or lessor, e. Vehicles riot described in Paragraph a, b•. C. d. Oral or written publication, in any manner, of or d, above that are not self-propelled and are material that slanders or libels a person or maintained primarily to provide mobility to organization or disparages a person's or permanently attached equipment of the organizations goods, products or services following types, e. Oral or written pubilicatior., in any manner, of (1) Air compressors, pumps and generators, material that violates a person's right of including spraying, weidingr building privacy; cleaning, geophysical exploration, fighting f. The use of another's advertising idea in your aril well servicing equtpment; or "advertisement"; cr (z) Cherry pickers ansa 5iPTtil&I' devices V$Qe to g. lnfringing upon another's copyrqqtr trade dress raise or lower wUrker's; or slogan in your "advertisement". Page 16 of 18 0 Insurance Services Office, Inc„2012 CU 00 0104 13 CU210090501 4/1/2017 to 4/1/2018 15."Ilollutants" mean any solid, liquid. gaseous or {2) The existence of tools, �jninstalled thermal irritant or contaminant, including smoke, equipment or abandoned or unused vapor, soot, fumes, acids, alkalis, chemicals and matenals, waste- Waste inclines materials to be recycled. 7S."Propertydarnage" means; reconditioned or reclaimed. a. Physical injury to tangible property. including 16. 'P0Ilut6on Lost or expense means any loss, cost all resulkrrg loss of use of that property_ ASI or expense arising out of any: such loss of use shall be deemed to occur at a. bequest, demand, order or statutory or the Game of the physical injury that caused it, or regulatory requirement that any insured or b- toss of use of tangible propeq that is not others test for, monitor, clean up. remove, physically injured. All such loss of use shall be contain. treat. detoxify or neutralize, or in aDy deeined to occur at the lirtte of the way respond to, or assess the effects of, . "pollutants"; or "occurrence that caused it. b. Claim or soot by or on behalf of a governmental use respect to the vwner5h-p, maintenance or use of "rovers autos", property damage also authority for damages because of testing for, includes "pollution cost or expense", but only to monitoring, cleaning up, removing, containing, the extent that coverage exists under the treating, detoxifying or neutralizing. or all any "underlying insurance" or would have existed but way responding to, or assessing the effects of. for the exhaustion of the underlying limits_ "pollutants"_ 't7."Products-completed opo-rations hazard": For the purposes of this insurance, with respect to ether #ban the ownership, majntenance or use of a. Includes all "bodily injury" and "propefty "Covered Mush. electronic data is not tangibe damage' occurring away frorn premises you property. own or rent and arising ou l of "your product" or As used in thjs definition, electronic data means "your work" except; information, facts or programs stored as or on, (1) Products that are still in your physical created or used on, or transmitted to or from possession: or Computer software (in&ding systems and (2) Work that has not yet been completed or applications software), hard or floppy disks. CD- abandoned. However, ''your work" will be ROMs. tapes. drives_ cells. daka processing deerned 4ompleted at the earliest of the devices or eny other media which are used with following times; electronirally rowrolled equipment_ (a) When all of the wok called for in yojr 19."Retained limit" means the available iimits of contract has been completed. "underlying insurance" scheduled in the Declarations or the "self-insured retention", (b) When all of the work to be done at the whichever applies, job site has beers completed if ycUr contract calls for work at more than one 20•"Self-insured retention' means the dollar amount job site. listed in the Deciaration5 that will be paid by the insured before this insurance becomes applicable (C When that part of the work done a# a job only with respect to "occurrences" or offenses not ., has keen put to its intended use #y COrered by Me "underling insurance`, The -self- any person or organim3tion other than insured retention" does not apply to "occurrefvices" another tontractor or subcontra<tor or oftenes which would have been Covered by working on the same project. "underlying insurance" but for the exhaustion of Work that may meed service, maintenance, applicable limits, correction, repair or re placernent_ but which 21,"Suit" means a civil proceeding in which damages is otherwise complete, will be treated as because of "bodily irtpury" "property damagC or completed. ..persona[ and advertising injury" to which this h. Does not include "bodily injury" or "property insurance appl les are alleged, "Suit" includes; Carnage" arising out of a. An arbitration proceeding its which such (1) The transportation of property. AnIess the damages are claimed and to whk--h the insured injury or damage arises out of a condition in must submit or does submit with our Consent; o-r on a vehicle not awned or operated by or you, and that condition was created by the "loading or unloading"of that vehicle by any insured; or CU DO 01 04 13 C Insurance Services Office, Inc„2012 Page 17 of 18 CU210090501 4/1/2017 to 4/1/2018 b. Any other alternative dispute resolution b. Includes; proceeding in which such damages are. (1) Warranties or representations made at any r:UwYiecl and to which the insured submits with time with respect to the flWeSs, quality, or,, consent or the "underlying insurers" durability, performance or LIse of "your C0jI$ent. producf% and 22."Temporary worker" means a person who is (2) The providing of or failure to provide furnished €o you to substitute for a permanent warnings or instructions, .employee" on leave or to meet seasonal or shart- term vrorkload conditions- c. Does not include vending machines or other prcperty rutted to or located for the use of 23."llltimate net lois" means the total Burn, after others bat not sold. reduction for recoveries or salvages collectible, that the insured becomes legally obligated to pay 28."Your work"; as damages by reason cf settlement or judgments a. Mcans: or any arbitration or other altemate dispute (1) Work or operations performed by you or on wethod entered into with our consent or the your behalf, and "underlying insurer's„ consent, 2) Materials, Parts or equipment furnished in U."Underlying insurance' mans any policies of connection with such work or�peratioras- insurance listed in the Declarations under the Schedule of"unde&ingg insurance"- b. Includes= 25."Underlying insurer" means any insurer who (1) Warranties or representations made at any provides any policy of Insuran�e listed in the time with respect to the fitness, quality. Schedule of"underlying insurance", durability, performance or use of "your 26."Volunteer worker" means a person vvhi:i is not work', and your "employee". ar'd who donates his or her work (2) The providing of or failure to provide and acts at the direction of and within the scope of warnings or instructions- duties determined by you, acrd is not paid a fee, salary or other compensation by you or anyone else fvr their work performed for you. 27."Your product": a. beans; (1) Any goods or products- other than real property, manufactured, sold, handled, distributed or disposed of by- (a) you" (b) Others trading under yomrr narne-, or (c) A person or organization whose business or assets you have acquired: and (2) Containers {other than veh[cles). rnatedais. parts or equipment furnished in cornet#ion with such goods or products- Page 18 of 18 0 insurance Services Office. Inc„2012 CU 00 01 0413 CPP210090701 4/1/2017 to 4/1/2018 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ rT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY U Number of Days Notice , 60 For any statutorily perms ed reason other th an nonpayment of premi ism,the number of days required for notice of camel lation is increased to the number of days shown In the Schedule aibove- if this policy is cancelled by us we wt41 send the Named Insured and any parly listed in the folowing schedule nolica of cancellation based an the number of days notice shown above. SCHEDULE Mame of Person or Orgafdzation The Name or Person OF orflaniaalion is any person OF organizatkon holding a certificate of insurance issued for yoU, pfoviled Ine CwllfIca ie 1. Refers to this poky. 2. States that notice of: a CancOt Ion b. Nonrenewal; Or G Majerial ebange reducing or fCWicting 00verage; wil be provided to I1-6at person or organizakion. 3. Is in effect at the time of the a. GenWiatlow. b. Nonrenewal.or C- Marenal 0hange reducing or Ne trlGGng coverage; zona 4. 4s on fde at your agent or brokers office for tNs policy- Mailing Address The Mailing Address Ps the address shown for that p6rson or orgsnizatw in that certifiC9le of 1nsurame- IL 70 45 05 37 CA210090601 4/1/2017 to 4/1/2018 THIS ENDORSERKN'T CHANGES THE!POLICY. PLEASE READ IT CAREFULLY. FARLIER NOTICE OF CANCELLATION PROVIDED BY U Number pl drays Notice 60 For any statutorily permitted reason other than nonpayment of premien.the number of days required for notice o ci3nrel I ation is increased to the number of days shown in the Schedule above. If this policy is cancelled by we r;i" m.-r:1 the Named Ins4ired and any party listed in the following soheduls notice of cantellatipn based on the number of da -.,n -1.rt.� SCHEDULE Name of Person of Orgarizauon The Name of Person or Organization iS any person or organization holding a certificate sof insurance issued for you, provided the certificate_ 1. Refers to this policy; 2. statee enat notica of- a- Cancellation; b, Nonrenewal; or c- Material Change reducrrg or restricting coverage,- WIN overage;WIN be provided to that person Or organization; 3- Is in et-cast ;;t -hF' time of th(:; a. Cancollation; b. Nonrenewal, or s. Material change reducing or reatrrcting toveraj)e; and 4- Is on file at yti.•r ggent or woker's office Ior this polrCy. MAng Address The Mailing A;i;i-rrss is tr7� jodrets s ioviro for that persan or organization in that certificate of insuranr.p. IL 70 45 05 07 CU210090501 4/1/2017 to 4/1/2018 THIS EINDORSEMEN r GHANGr THE POLICY. PLEASE= KAU IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US Number of Days Notice 60 For array statutorily permitted reasono**r than nonpayment of premium,the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. It this "liGy is c4qncellW by u5 +Ne VIII send the Narped Insqrr'ti and any party listed in the follrrwing schedule notice of cancellation based on the number of days ikotice shown Aove. SCHEOULE Name of Person at Orgarukztwtlut The Name of Person of Organization is any person or organization holdirrg a certificate of insurance issued for you, Provided the ter#itiCakt: I- Refers to tnis policy; 2. States that notice of, Cancolialion; b. Norvenewal; or t. Material ChArIOP rEduc1110 ar restricting covwaUP, will be provided to that person or organization; 1 Is rn effect at the time of the. a. Camallation; b Fvrr.rc" wal; ar . Maier r�- Oange r0yOng w feWlctIng cove rage i an() 4_ Is an ti4 at your agent or broker's office for this policy, Mlliling Address The Mailing Address is rfasa shown for that person or or!)ani7atiorr in that certificate of IL 70 46 05 07 WC210090401 4/1/2017 to 4/1/2018 TWS 1=Nt}ORSEMENT CHANGES THE POL CY, PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDE[) BY U Number of Days Notice For any sxatuxorily permitted reason other than nunpayment pf premium,the number of da vs required for notice of cancellation is inCreaSed to the number of days shown in the Schodula above. 11 this policy is Cim+tiCtlltd by us we war send this f sorted Insured and any vwv 1istacl in Rho following schedule notico of cancellation based on the number 01 days nwIca shown above_ SCHEDULE Name of PAtsart of Organization The Narne of Person or Organization is any person OF organization holding a certificate 01 insurance issued for you. provided the certificate- 1 . Refers to this policy; 2_ States that notice of; Tc. Canrelldtion; b `dc:iir : f3wl. or c. M jter a :;`,ange ted uuirg or restricting coverage; vviJI be provided to that person or organization; 3_ is in affect at the tuna of the; g_ Cancellation, b. NOrlrer*Wai. Of c. Materiel charge reducing or restricting coveioge; and 4. Is on file at your agenr Or broker's otffce for this pollcy- Mailing Address The Mailing Address is the address shown for that person or organization in that certificate of insuraore_ IL 70 45 05 07