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Contract 49645-R1
CITY SECRETARY 4 4 _ , l CITY OF FORT WORTH CONTRACT N0. T FIRST RENEWAL OF AGREEMENT WHEREAS, the City of Fort Worth, ("City"), and Tejas Commercial Construction LLC., ("Contractor"), entered into that certain ORIGINAL AGREEMENT (City Secretary #49645, M&C C-28353) for the PROJECT generally described as: Small Diameter Water Main Extensions, Replacements, & Relocations Contract 2017, City Project Number 100993; and WHEREAS, the ORIGINAL AGREEMENT may be renewed up to two times as provided by M&C C-28353; and WHEREAS, The City and Contractor desire to renew the ORIGINAL AGREEMENT for a second term at the same price, funding for said FIRST RENEWAL is available in the 2018 operating budget of the Water and Sewer Fund, as appropriated in Ordinance#23120-02-2018. NOW, THEREFORE, it is agreed by the City and Contractor as follows: Article I The Scope of Services as set forth in the ORIGINAL AGREEMENT has not changed. Article II The Contractor's compensation shall be in the amount up to $750,000.00. The Term of this renewal agreement shall be for one year, effective as of the effective date or the expenditure of the funding,whichever occurs first. OFIFICIAL REC®RQ Article III CITY SECRETARY The Agreement is hereby amended to include the following language: FT.WORM TX Immigration Nationality Act CONSULTANT shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, CONSULTANT shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. CONSULTANT shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any CONSULTANT employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO First Renewal of Agreement Page 1 of 3 Tejas Commercial Construction LLC. Small Diameter Water Main Extensions, Replacements,&Relocations Contract 2017 City Project No.100993 T VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to CONSULTANT, shall have the right to immediately terminate this Agreement for violations of this provision by CONSULTANT. Article IV The Agreement is hereby amended to include the following language: Prohibition on Contracts with Companies Boycotting Israel CONSULTANT acknowledges that in accordance with Chapter 2270 of the Texas Government Code,-the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, CONSULTANT certifies that CONSULTANT's signature provides written verification to the City that CONSULTANT.• (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article V All other provisions of the Original Agreement not expressly amended herein, shall remain in full force and effect. EXECUTED by each party's duly authorized representative and EFFECTIVE as of the date subscribed by the City's designated City Manager. First Renewal of Agreement Page 2 of 3 Tejas Commercial Construction LLC. Small Diameter Water Main Extensions, Replacements,&relocations Contract 2017 City Project No.100993 City of Fort Worth Tejas Commercial Construction LLC. Jesus J. Chapa Assistant City Manager DATE: J f R DATE: APPROVAL RECOMMENDED: Christopher Harder,P.E. Assistant Director,Water Department APPROVED AS TO FORM AND LEGALITY: M&C: C28589 Date: 02/20/2018 Douglas W. Black Sr. Assistant City Attorney ATT T: s Mazy J. r City Secretary XA$. Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ens 'ng all performance and reporting requirements. afore k r Lam,r� � 4Dm►j,6nu OFFICIAL RECORD Name of Employee CITY SECRETARY 51', pro`I�-55ipFT.WORTRI TX Title First Renewal of Agreement Page 3 of 3 'Tejas Commercial Construction LLC- 5mal i Diameter Water Main Fxtemsions, Replacements,&Relocations Contract 2017 City Project No.100993 Crit' of Form Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 212012018 -Ordinance No. 23120-02-2018 DATE: Tuesday, February 20, 2018 REFERENCE NO.: ""C-28589 LOG NAME: 60SMALLDWMERR2017RI-TEJASC SUBJECT: Authorize Execution of the First Renewal of City Secretary Contract No.49645 with Tejas Commercial Construction, LLC, in the Amount of$750,000.00 for Small Diameter Water Main Extensions, Replacements and Relocations Contract 2017, at Various Locations Throughout the City and Provide for Additional Project Costs and Adopt Appropriation Ordinance(ALL COUNCIL DISTRICTS) RECOMMENDATION: it is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund from available funds in the amount of$900,000.00 from available funds for Small Diameter Water Main Extensions, Replacements and Relocations Contract 2017 First Renewal; and 2. Authorize execution of the First Renewal of the contract with Tejas Commercial Construction, LLC, in the amount of$750,000.00 for the Small Diameter Water Main Extensions, Replacements and Relocations Contract 2017 at various locations throughout(City Project No.100993). DISCUSSION: On August 29, 2017, Mayor and Council Communication (M&C C-28353)the City Council authorized the City Manager to execute a contract in the amount of$750,000.00 with the Option of two renewals with Tejas Commercial Construction, LLC, for Small Diameter Water Main Extension, Replacements and Relocations Contract 2017. The City and the Contractor desire to exercise the first renewal of the contract in the amount of $750,000.00 and with the same terms and conditions. The work to be performed under this contract consists of extending, replacing and/or relocating small diameter water mains and water main service lines. In addition to the contract amount$150,000.00 is required for the project management, real property acquisitions, survey, contingencies, material testing and inspection. This project will have no impact on the Water Department's operating budget when completed. Construction is expected to start March 2018 and be completed by March 2019 or when the contract amount is exhausted. MIWBE OFFICE: Tejas Commercial Construction, LLC, is in compliance with the City's BIDE Ordinance by committing to five percent MBE participation.The City's MBE goal on this project is five percent. Additionally, Tejas Commercial Construction, LLC, is a certified M/WBE firm. The project is located in ALL COUNCIL DISTRICTS. http://apps.cfwnet.org/ecouncil/printme.asp?id=25581&print=true&DocType=Print 3/16/2018 FISCAL.INFORMATION 1 CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated,of the Water Capital Projects Fund. The Fiscal Year 2018 Water Operating Fund budget includes appropriations of$29,069,236.99 for the purpose of providing Pay-As-You-Go funding for Water Capital projects. After this transfer for Fiscal Year 2018,the balance will be$18,957,497.06. Appropriations for the Small Diameter Water Main Extensions, Replacements and Relocations Contract 2017 Project by Fund will consist of the following: FUND Existing Additional Project Appropriations Appropriations Total* Water Capital Projects $906,606.06 $966,000.06 $1,860,666.66 Fund 56002 Project Total $900,000.00 $900,000.00 $1,800,000.00 "Numbers rounded for presentation purposes. FUND IDENTIFIERS(FIDs): TO FunDepartment ccoun Project Program ctivity Budget Reference# mount ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference# moun ID ID YearChartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Kenneth Morgan (8246) Additional Information Contact: Adolfo Lopez (7829) ATTACHMENTS 1. 60SMALLDWMERR2017R1-TEJASC 1295.pdf (Public) 2. 60SMALLDWMERR2017R1-TEJASC Compliance Memo.pdf (CFW Internal) 3. 60SMALLDWMERR2017R1-TEJASC R1 FID Table (Dan).doex (CFW Internal) 4. 60SMALLDWMERR2017R1-TEJASC SAM.pdf (CFW Internal) 5. 60SMALLDWMERR2017R1-TEJASC-60-AO-18.docx (Public) http://apps.cfwnct.org/ecouncil/printmc.asp?id=25581&print=true&Doel-ype=Print 3/16/2018 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 if there are interested parties. OFFICE 115E ONLY Complete Nos.1,2,3,5,and 6 iI there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Cortificate Number: of business. 2017-297385 Tejas Commercial Construction LLC Fort Worth,TX United states date Filed: 2. Name of governmental entity or state agency that is a party to the contract for which the form is 12/2912017 being filed. City of Fort Worth Date Arta edge j� 3 Provide the identification nunther used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. 100893 Small diameter water main extensions,replacements,relocates. First Renewal Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Allen,Charles Ft Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION f my name is G"-,lrs {� �*•T and my date of birth Is r y address is jfd f6 G ]a3 ST �._,nr d it Ar v, _ —.x ZFr JJ T�e r +. {street) (city) (state) (zip axis) (xxtxttrY) I dedare under penalty of perjri)v th the foregoing is true and correct Executed in �'r County. State of on t4o?day a 20 (yes r) '91 I r Signature of authorized agent of contracting business entlty fill Farms pramWty;xact iC mission www.ethics Version V1.0.3337 Notary Putalic, State of Texas My Commission Ea<pires J 7 4 SEPTEMBER 18, 2018 CITY OF FORT WORTH CONTRACT COMPLIANCE MEMORANDUM THIS FORM MUST BE ATTACHED TO THE ROUTING "M & C" BEFORE LAW DEPARTMENT AND CITY MANAGER APPROVAL To: Adolfo Lopez Project Manager From: Melani Valle (817) 212-2675 MM13E Office Staff Extension Date: December 15, 2017 In the Amount of $750,000.00 WTR-100993-R1 DOEEfQka No. Project/Bid: Small Diameter Water Main Extensions, Replacements and Relocations 2017- Renewal 1 1. Compliance with the City's Business Diversity Enterprise (BDE) Ordinance has been achieved by the following method: a) Teas Commercial Construction, LLC is in compliance with the City's BDE Ordinance by committing to 5% MBE participation. The City's MBE goal on this project is 5%. 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L[] LL ■ r ■ Q a a Q a a Q a Q a a Q a a a C) Q O 66666 o a a a a a a � C5 d C~i C•i o E a r ti r W;� to fiq as U) (a cfr • r CD 0 z a- LU m m m o m m m rn m m m m m m m rn m m m m m ❑7 ❑7 r ■ co aaaaITITLnwwwwwww o r- r- r- r- r- r- r r r r r r r r a C7aQaaa ua a a a a a a a < o s c�7 c�] tY7 m co m V) CD co mmmmmmm r- CD r) M a a a a a Q a 0Q C) v a a a a a o r r r r r r rX rj LLJ 0C%j a Q Q r C7 oQarLnaa . r Q Q Q a Q Q a EL 0o (n �T If) IT r M — M Lo to r— c+] c+) r ti uz w U') uo m en U') < u� MMMCOMMM IT IT IT vq- v N v a Q a v a a Q CLo CD v v o a a a 0o CC] [O to 0 (D cD to 0 Cfl a a a v a a v o Ca v o a o a n o a s C) C7 a a a a QQ (0wwm o LOLou� rnLOLO � u� r r r r r r r CEJ SAM Search Results List of records matching your search for : Search Term : tejas* commercial* construction* Record Status: Active No Search Results Saniani 77 7111 f7 11•l1R AKA cam nnkll Ordinance No. AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE AMOUNT OF $909,090.00 IN THE WATER CAPITAL PROJECTS FUND, FROM AVAILABLE FUNDS, FOR SMALL DIAMETER WATER MAIN EXTENSIONS, REPLACEMENTS, AND RELOCATIONS CONTRACT 2017; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS' SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2417-2018 in the Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the amount of $900,000.04 in the Water Capital Projects Fund, from available funds, for Small Diameter Water Main Extensions, Replacements, and Relocations Contract 2417. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance,which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance 22928-09-2017 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY- CITY SECRETARY Douglas W Black Mary J. Kayser Sr.Assistant City Attorney ADOPTED AND EFFECTIVE: OQ 61 13-l mUORMANCE BOND Page 1 of 2 i SECTION 00 51 1.3 4418117 2 PERFOPMANCE BOND 3 4 THE STATE. OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: b COUNTY OF TARRANT § 7 8 That we,Spj s Commercial Construction„LLQ known as 9 "Principal"herein and SureTec Insurance Qgrnpany a corporate 10 surety(sureties, if more than one)duly authorized to do business in the State of Texas,known as I l "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 12 municipal corporation created pursuant to the laws of Texas,known as"City"herein, in the penal 13 sum of, ve hundred fi th u and Dollars{$ 750.000.QQ ),lawful 14 money of the United States, to be paid in Fort Worth,Tarrant County,Texas for the payment of 15 which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators, iG successors and assigns,jointly and severally, firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the day of 201 , ?0� which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein,to furnish a l materials,equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders,as provided for in said Contract designated as 1"Renewal Small Diameter Water 22 Main Extensions, Replacements& Relocations Contract 2017; City Proiect No. 100993 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perforin it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract,according to the plans, 25 specifications,and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect, 29 PROVIDED FURTHER,that if any legal action he filed on this Bond,venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 31 Wol'Ih Division. CITY OF FORT 1VORT11 SMALL DIAMETER WATER MAIN STANDARD CONS'MUC'rION SPt'CiFiCATION DOCUMENTS EXTENSIONS,REPLACEIVIFTNS& Rrvised July 1,2911 RELOCATIONS CONTRA(,I'2017 City Project No.10993 4418117 0061 11-i PERFORMANCE BOND • Page:at2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended.and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN Wn-NESS WHEREOF,the Principal and the Surety have SIGNED and SEAI,ED 5 this instrument by duly authorized agents and officers on this the day of G EER202M 0 2M __.20�. +++++us IJ111" ,.•� ,tpc►eraa� f,, 7G�'.•�pl{A �Jd, :RINCiPAI.: • .� q fie' Commercial Construction, LLC -.-- 00, 12 ��• 'n Signature 1.3 ATTEST: ry..n... 15 +►ritittNN G % i7. 1•f�.� cG Pira L, 14 (Principal)Secretary Name and Title 17 18 Address_ P 0 Box 10395 19 ._RLvex9aks,Tx 766 14 20 �1 22 Witness as tiaPr cipal 23 SURETY: 24 SureTec JlGsumnice.Cotripan] —_-_----_. 25 26 27 ,.,.,,,,,,. PAULA C JONES 28 +`� Notary Public,State of Texas Signature -'q *? *= Notary ID#12561314-8 30 My Commission Expires ;43'"' .-Mark_Mitchell,-.Pxaducer ----- . . 31 ` ,T,t•' March 09,2622 Name and Title 32 33 Address:X30 Post C]akBlvd- .--�__..-� - 34 .Su#aAU0._ 35 rr f -Houston, TX_ 70 36 Via. _.� ►" 37 Witness as t tt ty -Telephone Number:l _ � 0p 38 39 40 41 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different From its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CI]'Y 01'FOR[_ WOR-111 SMALL D[AMETEiK W'AII R MAIN STANDARDCONSTRUC I-ION SPECIFICAT[ON D0C LJMFN'M EXTENSIONS,REPLACEMFTNS& Revistd]uiv 1.2011 RELOCATIONS CONTRACT 2017 City Proitet No. 100993 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0 099.You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies,coverage,rights or complaints at 1-800-252- 3439.You may write the Texas Department of Insurance at PD Box 149144 Austin,TX 78714-9104 Fax#: 512-490-1007 Web:htip://www.tdi.state.tx.us Email:ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. if the dispute is not resolved,you may contact the Texas Department of Insurance. Texas Rider 06042014 1 POA#r 4221828 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Chris Lynn Holt, Mark Mitchell, Natalie R. McCalment,Jim H. Barr, Russell Board, Roger A. Redden,Rhonda Wells its true and lawful Attorney-in-fact, with&I power and authority hereby conferred in its name,place and stead, to execute, acknowledge and deliver any and all bonds, recogni7ances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: rtilorney-;n-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on A7,of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 19th day of March A.D. 2017. SURETEC INSU PANY BY: LU i n- John Kno ,CE State of Texas ss: ��_,• `Y County of Harris On this 19th day of March ,A.D. 2017 before me personally came John Knox Jr.,to me known,who,being by me duly swam,did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC TNSURANCF COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACOUELYNCRFENLEAF ' i� Notary Public,State of Texas Comm-Expires 05-1&-2021 Notary ID 1 26903029 Jacq elyn Greenleaf,Notary Public ' My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of , A.D. Bre-ni Beaty,A tstant S tart' Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verlflcstion of the authority of this power you may call(7113)812-0800 any business day between 8:30 am and 5:00 pm GST. 00 61 14.1 PAYMENT$OND Page I of 2 l SECTION 00 61 14 4418117 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, known as 9 "Principal" herein, and SuraTec insurance Company , a 10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 1 l "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of Texas, known as"City" herein, 13 in the penal sum of seven hundred fifty thousand Dollars 14 ($_,_ 75q,000.QQ ), lawful money of the United States, to be paid in Fort Worth, Tarrant 15 County, Texas, for the payment of which sure well and truly be made, we bind ourselves, our 16 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents: 18 WHEREAS, Principal has entered into a certain written Contract with City, awarded.the 19 day of FEB 2 4 2018 , 24 , which Contract is hereby referred to and 24 made a part hereof for all purposes as if fully set forth herein, to furnish a[] materials, equipment, 21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 22 said Contract and designated as I" Renewal Small Diameter Water Main Extensions 23 Replacements&Relocations Contract 2017; City Project No. 144993 24 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 25 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 26 Chapter 2253 of the 'Texas Government Cade, as amended) in the prosecutions of the Work under 27 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 28 force and effect. 29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 30 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 31 accordance with the provisions of said statute. 32 CITY OF Fowl'WORTH SMALL DIAMETER WATER MAIN STANDARD C:ONSTRUCFION SPECIFICATION WC:UMENTS EXTENSIONS,REPLACEMENTS& Revised Jury 1,2tt11 RELOCATIONS CONTRACT 2017 City Projeet No. 100993 4418117 U061 14-2 PAYME:N I'WIN Page 2 oft 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the day of 3 FEB 2 0 2019 ,20 'o, btoal Con r oRq' f$�tINCIPAL: G as C ommemmal C onctEuction_LLC-- ATTEST: SEAL, •;, A7 Signature rr F ...... oO' \��� f�'f'<<'lrnrss►t�,��'� Gk .lss U , 1�r.� C-e 1,91 (Principal)Secretary Name and Title Address: _p j Bnv 103a5 �Rirrer Oaks_ L 715114 817-901-8499 aS torincipal SURES TY: 5-uEeTec_Insurance Cnmoany__ !r�"b PAULA C JONES "t Notary Public,State of Texas "• °`= Notary 10 N 12561314-8 � !r My Commission Expires BY: _ March t]9,2022 S 1�T121tllre ark Mitchell, Producer_.. . (Surety)Secretary Name and Title '1 1 Address: ,-330 Post Oak B1yd L Suite 11130 e Hni ratnn TSC 7 0-96 fitness s t Surety Telephone Number: 5 6 Now. If signed by an officer of the Surety, there must be on Fite a certified extract froth the 7 bylaws shoving that this person has authority to sign such obligation. if Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 ctry uv FORT Wownt SMALL DIAMETER WATER MAIN STANDARD CONSTRUCA10N SPECIFICATION M'UMENTS EXTENSIONS,Rt:PLACLMENTS& Revised July 1,2011 RELOCATIONS CONTRACT 2017 City Project No. 100993 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099,You may also write to the Surety at: SureTec insurance company 9737 Great Hills Trail, Suite 324 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies,coverage,rights or complaints at 1-844-252- 3439.You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#:512-490-1007 Web:http://www.tdi.state.lx.us Email:ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES:Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. Texas Rider 06042014 POA a: 4221828 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Chris Lynn Holt, Mark Mitchell, Natalie R, McCalment,Jim H. Barr, Russell Board,Roger A. Redden, Rhonda Wells its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name, place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 001100 Dollars($5,000,000.00) and to bind the Company thereby as fWly and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved. that the President, any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and al]bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with'respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 19th day of March A.D.2017_ SURETECINS P, By: 7 a+ John Kno ,CE Stale of Texas ss: County of Harris w On this 19th day of March , A.D- 2017 before me personally came John Knox Jr.,to me known, who,being by me duly sworn,did depose and say, that he resides in Houston,Texas, that he is CEO of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACOUELYN GHEENLEAF Notefy Public,State of texaN\[)7 s Comm.Expires 05.18-2021 Notary!p 126903029 Jacq elyn Greenleaf,Notary Public My commission expires May 18,2021 1,M.Brent Beaty,Assistant Secretary of SURETEC rNSUR.ANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of, . -- Z A.D. A. Bre' Beaty,A istant Se tory Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. For verificstlon of the authority of this power you may cal}(713)812-0800 any business day between 8:30 am and 5:00 pm CST. 0061 19-1 MAINTENANCE BOND lags l of 3 1 SECTION 00 61 19 4418117 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS; 6 CO[INTY OF TARRANT § 7 8 That We Texas Commerciai Construction_LLQ _ , known as 9 "Principal'herein and SureTec Insurance Company a corporate surety 10 (sureties, if more than one)duly authorized to do business in the State of Texas, known as I 1 "Surety"herein (whether one or more),are held and firmly hound unto the City of Fort Wortll, a 12 municipal corporation created pursuant to the laws of the State of Texas, known as"City"herein, 13 in the sum of seven hundred fifty thousand Dollars($,75t].400.0 3, 14 lawful money of the United States,to be paid in Fort Worth,Tarrant County, Texas, for payment 15 of which sum well and truly be made unto the City and its successors, we bind ourselves, our 16 heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these 17 presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the day of _ _ FEB 2 0 _ ,2U ,which Con"et is hereby 21 referred to and a made part hereof for all purposes as if fully set forth herein,to furn ish al 22 materials, equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resuiting from a duly authorised Change Order(collectively herein, 24 the"Work")as provided for in said contract and designated as r'Renewal,Stnall Diameter 25 Water Main Extensions Replacements& Relocations Contract 2017• City Pro'ect No. 26 100993;and 27 28 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 29 accordance with the plans,specifications and Contract Documents that the Work is and will 30 remain free from defects in]materials or workmanship for and during the period of two(2)years 31 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 32 CITY OF FORT WOKI'H SMALL DIAMETER WATER MAIN STANVAKI)CONS'T'RUCTION SPECIFICATION DOCUMENTS EXTENSIONS,REPLACEMENTS& Rcviscd July 1,2011 RELOCATIONS CONTRACT 2017 City Project No,100993 4418117 U6119-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the City of the need therefor at any time within the Maintenance 3 Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by City, to a completion 7 satisfactory to the City, then this obligation shall become null and void;otherwise to remain in 8 full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 1 t noticed defective Work, it is agreed that the City may cause any and all such defective Work to 12 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 13 the Surety under this Maintenance bond; and 14 15 PROVIDED FURTHER.that if any legal action be filed on this Bond,venue shall lie in 16 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER,that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH SMALL DIAMETER WATER MAIN STANDARD CONSTRUCTION SPECIFICATION DOCUML N'l S EXTENSIONS,REPLACEMENTS& Rsviscd July 1,2011 RELOCATIONS CONTRACT 2017 City Project No. I00993 4418117 0061 19.3 MAINTENANCE BOND PNge 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the day of 3 FEB 2 0 IN zc� 0'6� � �•, VRINCIPAL: ' F <� jas_Qammercial GQnstru,rtiant LJ_ --._---- 10 = to Ca�f•t7j Signature �r 12 13 L~ tv le-, .HJL" 14 (Principal)Secretary ✓ta.� Namc and Title 15 16 Address:__Ej0gox 10345_ 17 aks,_IX 76114 18 19 aA*L 20as to inci 1 21 �C � SURETY: 22 -SureTecInsurance,Comparty r 23 � y�_ - 74 254 PAULA C JONES BY: 26 ;r' Notary Publk,State of Texas Signature 27 ■; •= Notary ID p 12561314.3 2gMy Commission ExpirR; OF +, March 04 2422 _Mads Mitchell, P-_rodurr._— 29 A'1' Name and Title 30 31 _ — Address:-1330P_0st_Qak-Blvd---- ..-....-._ 32 (Supty)Secretary 33 .---- 34 35 _ nne'ss as tS ely Tclephone Number: 7.13-8120$0.0_- 36 37 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 T'he date of the bond shall not be prior to die date the Contract is awarded. 41 Crl'Y 01 rCStt`lwol{-I11 511.7t.L I]fAMCtf:Et WATGR MAIN STANDARDCONSTRUC710\17 SHCIVICATION t)OCtIMFNI'S 1:XTENMONIS,REPLACEMENTS& Rcviscd July I,2011 RELOCATIONS CONTRACT 2017 City-Projcc¢No.1 DM3 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT OVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099.You may also write to the Surety at: SureTec Insurance company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of insurance to obtain information on companies,coverage,rights or complaints at 1-800-252- 3439.You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#: 512-490-1007 Web:htip://www.tdi.state.(x,us Email:ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES:Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. Texas Rider 06042014 1 PVA a: 4221828 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Meir by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Chris Lynn Holt, Mark Mitchell,Natalie R. McCalment,Jim H. Barr, Russell Board, Roger A.Redden, Rhonda Wells its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars{$5,000,000.00} and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Atto mey(s)-i n-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of anomey or any certif)cate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopled at a meeting held on 20,of April, 1999.) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 19th day of March ,A.D.2017, SURETEC INS' PANY SURAN��.. _ x .1 ,�j By: w w a F John 1Kno -,CE State of Texas ss: �`•. 1 Y �, • 1 County of Harris On this 19th day of March ,A.D. 2017 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say, that he resides in Houston,Texas,that he is CEO of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACOUELYN GRFENLEAF _ �: :Notary Pubic,State at texas " rr� Comm- xpiras05-18-2021 �_ Jacq elyn Greenleaf,Notary Public :I •,;, �,;;�` Notary ID 126903429 My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of A.D. Bre'n I Beaty,A tstant S ecWtary Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For veriflcation of th*authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST. TEJACOMOC7 TM RAY .4CpR0' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD"W) �..� 0412012018 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 HOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 C&�CT Tamsy Taylor-Murray,CIC,AIS,ACSR INSURICA DFB Insurance Services,LLC �� 700 Highlander Boulevard,Suite 340 {AIC,Ne,Ext):(817)261-1101 1[,Nor;(817)281-1120 Arlington,Tx 76015 E oRL :TannsyAurray@1NSURICA.com INSURER(SI AFFORDINQ CQVIERAGE NAIC 9 INSURER A.United Fire&Casualty Com a nV 13021 INSURED WSURER B:Texas Mutual Insurance Co. 22948 Tejas Commercial Construction,LLC INSURER PO Box 10395 a RERD: River Oaks,TX 76114-0395 INSURER E INSURER r: COVERAGES CERTIFICATE NUMBER: 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 WMICH 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 NUMBER POLICY EFF POLICY EXP LIMITS LTRJumsnMon A X COMMERCIAL GENERAL LIABILITY , EACH OCCURRENCE 1,000,000 CLAIMS-MADE OCCUR 80422917 1110$12017 11/08/2018 DAMAGE TO RENTED 100,000 pe EMSESfEaoccurrence $ X XCU Included MED EXP(Any one per3onj $ 5,000 X Contractual Liab Inc PERSONAL 8 ADV INJ URY $ 1,000,000 EN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGRECOATE $ 2,000,000 POLICY jra F7 LOC PRODUCTS-COMP PAGG $ 2,000,000 ETHER: $ MBI SINGLE LIMIT $ 1,000,000 A AUTOMOBILE LIABILITY CO JX ANY AUTO 60422917 1110812017 1110812018 BODILY INJURY Per snort SOWNED SCHEDULED AUTEO�S ONLY AUTTOpSy/y}.� BODILY INJURY ParacdderlfTY HT OS ONLY x A�7D5 ON�YY (PerPROr t AMAGE S A x UMBRELLA LIAR X OCCUR EACH OCC RRENCE 2,000,000 EXCESS LIAB CLAIMS-MADE 60422917 11/0812017 11/08/2018 AGGREGATE 2,000,000 DED X RETENTIONS 10,000 B WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN x $TAT T 0001217793 11/08/2017 11/0812018 1,000,000 ANY PROPRI ETORIPA RINE RIE XECUTIVE E-L.EACH ACCIDENT S [M ndaioryin NH)EXCLUDED? Y NIA E.I. 1,000,000 .DISEASE•EA EhIPLOYE If yes,C&Sunbe ruder 1,000,000 DESCRIPTION OF OPERATION below E L.DISEASE-POLICY LIMIT A Inland Marine 60422917 11110812017 11/0812018 Leased/Rented 400,000 A Inland Marine 60422917 11/08/2017 11/08/2018 Deductible 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES{ACORD I51,Addilieml Remarks Schedule,may he attached ff more space's. s required) The general liability policy includes a blanket automatic additional insured endorsement and blanket Waiver of Suhrogation Form CG77208 07117 and Blanket Additional Insured Status Form CG2037 04113 that provides additional insured status to the certificate holder and entities named in the written contract if required by the written contract. The General Liability Includes Aggregate Limits of Insurance Per Project-Form CG77208 07/17 and Primary&Non- Contributory Additional Insured-Form#CG2001 04113,where required by written contract The auto liability policy includes blanket automatic additional insured endorsement and blanket Waiver of Subrogation Form CA 7109 01117 to the certificate holder and entities named in the written contract if required by the written contract. SEE ATTACHED ACORD 181 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF FORT WORTH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fa RT WORTH,TX 7 610 2 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:TEJACOMOC1 TMURRAY LOC#: Air RV ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED (ifSURICA DFB Insurance Services,LLC PO 64x0 039 tial Construction,LLC PCUCYNUMEER River Oaks,TX 76114.0395 EE PAGE 1 Tarrant CARRIER NAtC CODE EE PAGE 1 ISEE P 1 EFFECTIVE DAZE:5EEPAGEI ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORMA IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 23 FORM TITLE: Certiftcate of Liapili Insurance Description of OperationslLocationsNehicles: The Workers'Compensation Policy Provides Blanket Waiver of Subrogation,Form#WC 42 03 04 B,to the certificate holder and entites named in the written contract if required by the written contract. 30 Days Notice of Cancellation to Certificate Holder. Project 100993 First renewal ACORD 101 (2008101) d 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CG 72 08 07 17 TEXAS -EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL~LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement.No coverage is provided by this summary. * Extended Property Damage ` Expanded Fire legal Liability to include Explosion, Lightning and Sprinkler Leakage Coverage for non-owned watercraft is extended to 51 feet in length * Property Damage—Sorrowed Equipment * Property Damage Liability—Elevators *Coverage D—Voluntary Property Damage Coverage j $5,000 Occurrence with a $10,000 Aggregate * Coverage E--Care,Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate—$500 Deductible * Coverage F—Electronic Data Liability Coverage—$50,000 *Coverage G—Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate—$1,000 Deductible *Coverage H—Water Damage Legal Liability—$25,000 *Coverage I—Designated Operations Covered by a Consolidated (Wrap-Up) Insurance Program— limited Coverage * Increase in Supplementary Payments: Bail Bonds to$1,000 ` Increase in Supplementary Payments. loss of Earnings to$500 ` For newly formed or acquired organizations—extend the reporting requirement to 180 days ` Broadened Named Insured *Automatic Additional Insured--Owners, Lessees or Contractors--Automatic Status When Required in Construction Agreement With You—Including Upstream Parties "Contractors BlanketAddlional Insured—Products—Compteted Operations Coverage—Including Upstream Parties *Automatic Additional Insured--Vendors *Automatic Additional Insured — Lessor of Leased Equipment Automatic Status When Required 4n Lease Agreement With You Automatic Additional Insured--Managers or Lessor of Premises `Additional Insured—Engineers,Architects or Surveyors Not Engaged by the Named Insured Additional Insured—State or Govemmental Agency or Subdivision or Political Subdivision—Permits or Authorizations "Additional Insured —Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only—Owners, Lessees or Contractors Automatic Status When Required in Construction Agreement With You *Additional Insured—Employee Injury to Another Employee "Automatically included--Aggregate Limits of Insurance(per location) "Automatically included—Aggregate Limits of Insurance(per project) * Knowledge of occurrence—Knowledge of an 'occurrence', "claim or suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent,servant or employee * Blanket Waiver of Subrogation *Liberalization Condition * Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such (allure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal, *"Insured Contract" redefined for Limited Railroad Contractual Liability `Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 lbs GVW * Bodily Injury Redefined REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 14 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 72 oa 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 14 *z 4 0 3 0 8 8 o w 11111111 111111(11 CG 72 06 0717 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS - EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES A. The follDwing changes are made at COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY: I. Extended Property Damage At 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the follow€ng: "Bod€ly Injury'or"property damage'expected or intended from the standpoint of the insured. This exclusion does not apply to °bodily injury"or"property damage' resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability At 2. Exclusions the last paragraph is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. 3, Non-Owned Watercraft At 2. Exclusions exclusion g.Aircraft,Auto Or Watercraft(2)(aj is deleted and replaced by the following: (a) Less than 51 feet long; 4. Property Damage—Borrowed Equipment At 2. Exclusions the following is added to paragraph(4)of exclusion j. Damage To Property: This exclusion does not apply to'property damage'to borrowed equipment while at a jobsite and while not being used to perform operations.The most we will pay for'property damage"to any one piece of borrowed equipment under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance(including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 5. Property Damage Liability—Elevators At 2. Exclusions the following is added to paragraphs(3y,(4)and (6)of exclusion j. Damage To Property: This exclusion does not apply to'property damage' resulting from the use of elevators. However, any insurance provided for such "property damage" is excess over any valid and collectible property insurance (including deductible)available to the insured, whether primary, excess, contingent or on any other basis. B. The following coverages are added: 1. COVERAGE D—VOLUNTARY PROPERTY DAMAGE COVERAGE 'Property damage'to property of others caused by the insured: a. While in your possession; or b. Arising out of'your work'. Coverage applies at the request of the insured,whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: Exclusion j, Damage to Property is deleted and replaced by the following: CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc„with its permission. Page 2 of 14 CG 72 08 0717 j. Damage to Property "Property damage"to: (1) Property held by the insured for servlcing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any"automobile% "watercraft"or"aircraft" you own, hire or lease; (3) Property you own,rent, lease, borrow or use. The amount we will pay is limited as described below in SECTION III—LIMITS OF INSURANCE. For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted sole discretion in making payments under this coverage. 2. COVERAGE E—CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE For the purpose of this Cara, Custody and Control Property Damage Coverage only: a. Item (4)of Exclusion j.does not apply, The amount we will pay is limited as described below in SECTION Ill—LIMITS OF INSURANCE. For the purposes of this Care, Custody and Control Property Damage Coverage, our sight and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted sole discretion in making payments under this coverage. 3. COVERAGE F—ELECTRONIC DATA LIABILITY COVERAGE For the purposes of this Electronic Data Liability Coverage only: a. Exclusion p. of Coverage A —Bodily Injury And Property Damage Liability in Section I —Coverages is replaced by the following: 2. Exclusions This insurance does not apply to: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate"electronic data"that does not result from physical injury to tangible property. { However,this exclusion does not apply to liability for damages because of'bodily injury", b. "Property Damage" means; (1) Physical injury to tangible property, including all resulting loss of use of that property.All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the"occurrence'that caused it; or (3) Loss of, toss of use of, damage to, corruption of, inability to access or inability to properly manipulate "electronle data", resulting from physical injury to tangible property.All such loss of`electronic data"shall be deemed to occur at the time of the"occurrence"that caused it. For the purposes of this Electronic Data Liability Coverage, 'electronic data"is not tangible property. The amount we will pay is limited as described below in SECTION III—LIMITS OF INSURANCE. 4. COVERAGE G—PRODUCT RECALL EXPENSE a. insuring Agreement (1) We will pay 90% of"product recall expense" you incur as a result of a"product recall" you initiate during the coverage period. (2) We will only pay for"product recall expense" arising out of"your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION ill--LIMITS OF INSURANCE. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 14 *25030e90* 111111 111111d 1111111111 Hill IN 11111111111 CG 72 08 07 17 b. Exclusions This Insurance does not apply to"product recall expense"arising out of; (1) Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reascnably have foreseen that would have resulted in a"product recall". (2) Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing,storage, or transportation of"your product". (3) The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. (4) Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or d i recto m. (5) Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. (6) `Bodily Injury"or'Property Damage'. (7) Failure of"your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. (8) Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. (9) Legal fees or expenses. (10) Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product'. (11) 'Product recall expense' arising from the "product recall" of any of"your products" for which coverage is excluded by endorsement. (12) Any`product recall"initiated due to the expiration of the designated shelf life of"your product". 5. COVERAGE H—WATER DAMAGE LEGAL.LIABILITY The Insurance provided under Coverage H (Section 1) applies to"property damage"arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. The amount we will pay is limited as described below in SECTION III—LIMITS OF INSURANCE. fi. COVERAGE I — DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM The following exclusion is added to Paragraph 2. Exclusions of SECTION I --COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY. r. This insurance does not apply to "bodily injury' or "property damage' arising out of either your ongoing operations or operations included within the "products-completed operations hazard' for any "consolidated (Wrap-up) insurance program" which has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not a consolidated(Wrap-up) insurance program; a. Provides coverage identical to that provided by this Coverage Part; or b. Has limits adequate to cover all claims. This exclusion does not apply if a 'consolidated (Wrap-up) insurance program" covering your operations has been cancelled, non-renewed or otherwise no longer applies for reasons other than exhaustion of all available limits, whether such limits are available on a primary, excess or on any other basis. You must advise us of such cancellation, nonrenewal or termination as soon as practicable. For purposes of this exclusion a "consolidated (wrap-up) insurance program' is a program providing insurance coverage to all parties for exposures involved with a particular (typically major) construction project. CG 72 0108 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission, Page 4 of 14 CG 72080747 C. SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended: 1. To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item I.b. is amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily injury Liability Coverage applies, We do not have to furnish these bonds. 3. Loss of Earnings Rem f.d. is amended as follows: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit% including actual loss of earnings up to$504 a day because of time off from work. 4. The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. SECTION II -WHO IS AN INSURED A. The following change is made: Extended Reporting Requirements Item 3.a, is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 111th day after you acquire or form the organization or the end of the policy period, whichever is earlier. S. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 1.f.is added as follows: f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired more than 50 percent of the voting stock; and i (2) Coverage B does not apply to "personal and advertising in)M" arising out of an offense committed ! before you acquired more than 50 percent of the voting stock. 1 5. Additional Insured —Owner's, Lessees or Contractors-ALdomatic Status When Required in Construction or Service Agreement With You—Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or f organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However,the insurance afforded to such additional insured: 1. Only applies to the extent permitted bylaw; and CG 72 08 0717 Includes copyrighted material of insurance Services Office, Inc.,with its permission. Page 5 of 14 *26030900* CG 72 08 07 17 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. Wlth respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or"personal and advertising injury"arising out of the rendering of, or the failure to render, any professional archltecturai,engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications;or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury"or"property damage"occurring after. a. All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds)at the location of the covered operations has been completed; or b. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 6. Additional Insured—Products Completed Operations Coverage—Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury"which may be imputed to that person or organization directly arising out of"your work" specified in the "written contract" and included in the "producls-completed operations hazard'. However. (1) The insurance afforded to such additional insureds only applies to the extent permitted by law; (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (3) Such coverage will not apply subsequent to the first to occur of the following: I. The expiration of the period of time required by the"written contract'; or ii. The expiration of any applicable statute of limitations or statute of repose with respect to claims arising out of"your work". c. With respect to the insurance afforded to any additional insured under this endorsement, the following additional exclusionary language shall apply: This insurance does not apply to "bodily injury' or"property damage" arising out of the rendering of, or the failure to render, any professional architecture, engineering or surveying services, including: iii The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (2) Supervisory, inspection,architectural or engineering activities. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 14 CO 72 08 07 17 7. Additional insured—Vendors a. Any person(s) or organization(s) (referred to throughout this addhional coverage as vendor), but only with respect to "bodily injury" or"property damage", which may be Imputed to that person($) or organization(s) arising out of "your products"shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement,the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors,the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to-. (a) "Bodily injury" or"property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change In the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (g) Products which, after distribution or sate 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 far its awn acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Sub-paragraphs d.or f.;or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any Ingredient, part or container, entering into, accompanying or containing such products. S. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or arganization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with [ respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment, However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law;and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 72 08 07 17 Includes copyrighted material of Insurance Services office, Inc., with its permission, Page 7 of 14 *27030910* CG 72 08 07 117 A person's or organizatlon's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place after the equipment lease expires, 9. Additional Insured—Managers or Lessors of Premises a. Any person(s)or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This Insurance does not apply to: j (1) Any"occurrence"which takes place after you cease to be a tenant in that premises. (2) Structural atterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s)shown in the Schedule. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured, 14. Additional Insured—Engineers,Architects or Surveyors Not Engaged by the Named Insured a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for"bodily injury" or"property damage" or`personal and advertising injury"which may be imputed to that architect, engineer or surveyor arising out of: (1)Your acts or omissions; or (2)Your acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law;and (2) Wit not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to "bodily injury", "properly damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders,designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the 'bodily injury" or"property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. 11. Additional Insured— State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations Any state or governmental agency or subdivision or political subdivision is an insured, subject to the following provisions: CG 72 05 07 17 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 8 of 14 CG 72 08 07 17 a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivislon has issued a permit or authorization, However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law;and (2) if coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for suott additional insured. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury"or"property damage" Included within the "products-completed operations hazard". 12, Additional Insured Consolidated Insurance Program (Wrap-Up)Off-Premises Operations Only—Owners, Lessees or contractors a, Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a Consolidated Insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy as an insured, Such person or organization is an addiftnal 'insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated Insurance Program,A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies. This insurance does not apply to: "Bodily injury", `property damage", or "personal and advertising injury" arising out of the rendering of, or failure to reader, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, held orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. 13. Additional Insured—Employee Injury to Another Employee { With respect to your'employees'who occupy positions which are supervisory in nature: Paragraph 2.a.(1)of SECTION II—WHO IS AN INSURED is amended to read: a. "Bodily injury'or"personal and advertising injury (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (f you are a limited liability company); I (2) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph(1)(a)above; or (3) Arising out of his or her providing or failing to provide professional healthcare services, Paragraph 3.a. is deleted. For the purpose of this item 12 only, a position is deemed to be supervisory in nature If that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct,discipline or discharge, CG 72 08 4717 Includes copyrighted material of Insurance Services office, Inc., with its permission, Page 9 of 14 *Z B a 3 0 9 2 0* 11111111111111111 Hip 1111111111111111111111 CG 72 08 07 17 SECTION III - LIMITS OF INSURANCE A. The following Items are deleted and replaced by the following: 2. The General Aggregate Limit is the most we wild pay for the sum of: a. Medical expenses under Coverage C; f b. Damages under Coverage A, except damages because of"bodily injury" or "property damage" included in the"products-completed operations hazard`; and c. Damages under Coverage B; and d. Damages under Coverage H. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and Coverage G. 6. Subject to 5.above,the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of"property damage" to any one premises, while rented to you, or in the case of damage by tire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added: 8. Subject to Paragraph S. of SECTION III -- LIMITS OF INSURANCE $25,000 is the most we will pay under Coverage H for Water Damage Legal Liabill-ty. 9. Coverage G—Product Recall Expense Aggregate Limit$50,000 Each Product Recall Limit$25,000 a. The Aggregate Limh shown above is the most we will pay for the sum of all "product recall expense" you i incur as a result of al!"product recalls"you initiate during the endorsement period. b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall" you initiate during the i endorsement period. We will only pay for the amount of Product Recall Expenses which are in excess of the deductible amount. The deductible applies separately to each Product Recall, The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. 10. Aggregate Limits of Insurance(Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a railroad. 11. Aggregate Limits of Insurance(Per Protect) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. I CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 14 CG 72 08 07 17 12. With respects to the insurance afforded to additional insureds afforded coverage by items 5 through 13 of SECTION II—WHO IS AN INSURED above,the following is added' The most we wilt pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; b. Available under the applicable limits of Insurance shown in the Declarations; Whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. 13. Subject to 5. of SECTION Ill—LIMITS OF INSURANCE,a $5,000 "occurrence" limit and a $10,CC0 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Coverage D—Voluntary Property Damage Coverage. For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted sole j discretion in making payments under this coverage. 14. Subject to 5. of SECTION III — LIMITS OF INSURANCE, a $25,000 "occurrence" limit and a $140,000 "aggregate"limit is the most we will pay under Coverage E—Gare, Custody and Control Coverage regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or f c. Persons or organizations making claims or bringing"suits". i Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one "occurrence" regardless of the number of persons or organizations who sustain damages because of that"occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered "occurrences" during one policy period. For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Lima for each coverage, and we i are granted sole discretion in making payments underthis coverage. 15. Subject to 5. of SECTION Ill — LIMITS OF INSURANCE, the most we will pay for "property damage" under I Coverage F— Electronic Data Liability Coverage for loss of"efectmnic data' Is$50,000 without regard to the i number of'occurrences". SECTI N IV- COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following conditions are amended: 1. Knowledge of Occurrence a. Condition 2., Items a. and b. are deleted and replaced by the following: (1) Duties In The Event Of Occurrence, Offense, Claim Or Suit tai You must see to it that we are notified as soon as practicable of an"occurrence" or an offense which may result in a claim, Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named Insured unless an officer of the named insured has received such notice from the agent,servant or employee.To the extent possible, notice should include: I. How, when and where the "occurrence"took place; ii. The names and addresses of any injured persons and witnesses, and iii. The nature and location of any injury or damage arising out of the"occurrence"or offense. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 14 *2 9 D 3 Q 9 3 0* CG 72 08 0717 (b) If a claim is made or"suit"is brought against any insured,you must: i. Immediately record the specifies of the claim or"suit"and the date received; and ii. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or"suit"as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. 2. Where Broad Form Hamed Insured is added in SECTION 11 — WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b. Excess Insurance(1).(a) is replaced by the following: tay Any of the other Insurance, whether primary, excess,contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language in any other policy.This provision does not apply to a policy written to apply specifically In excess of this policy. B. The following are added: 1. Condition (5) of 2. "Duties in the event Occurrence, Offense, Claim or Suit" c. You or any other involved insured must: (5) Upon our request, replace or repair the property covered under Voluntary Property [Damage Coverage at your actual cost, excluding profit or overhead. 10. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, "your work', or 'your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or`property damage" occurs or the 'personal Injury° or "advertising injury'offense is committed. 11. Liberalization if a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. 12. Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 13. The following conditions are added in regard to Coverage G—Product Recall Expense In event of a"product recall", you must a. See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the"product recall"took place and estimated "product recall expense". b. Take all reasonable steps to minimize"product recall expense". This will not increase the limits of insurance. c. if requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your gooks and records. Your answers must be signed. d. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. e. Cooperate with us in the investigation or settlement of any claim. f. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. I CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc„ with its permission, Page 12 of 14 CG 72 48 07 17 g. Claims Handling (1) Within 15 days after we receive written notice of claim, we will: (a) Acknowtedge receipt of the claire. If we do not acknowledge receipt of the claim in writing, we will keep a record of the date, method and content of the acknowledgment: { (b) Begin any investigation of the claim; and (c) Request a signed, swom proof of loss, specify the information you must provide and supply you with the necessary forms. We may request more information at a later date, If during the investigation of the claim such additional information is necessary. (2) We will notify you in writing as to whether: (a) The claim or part of the claim will be paid; (b) The claim or part of the claim has been denied, and inform you of the reasons for denial; (c) More information is necessary; or (d) We need additional time to reach a decision, If we need additional time, we will inform you of the reasons for such need. (3) We will provide notification, as described in(2)(a)through (2)(d)above, within: (a) 15 business days after we receive the signed, sworn proof of loss and all information we requested; or (b) 30 days after we receive the signed, sworn proof of loss and all information we requested, if we have reason to believe the loss resulted from arson. fIf we have notified you that we need additional time to reach a decision, we must then either approve or deny the claim within 45 days of such notice. h. We will pay for covered loss or damage within 5 business days after: (1) We have notified you that payment of the claim or part of the claim will be made and have reached agreement vMth you on the amount of loss; or (2) An appraisal award has been matte. However,if payment of the claim or past of the claim is conditioned on your compliance with any of the terms of this policy, we will make payment within 5 business days after the date you have complied with such to rms. I. Catastrophe Claims If a claim results from a weather related catastrophe or a major natural disaster, the claim handling and claim payment deadlines described in a,and b, above are extended for an additional 15 days. Catastrophe or Major Natural Disaster means a weather related event which is: (1) Declared a disaster under the Texas Disaster Act of 1875; or (2) Determined to be a catastrophe by the State Board of Insurance. j. The term "business day% as used in this endorsement, means a day other than Saturday, Sunday or a holiday recognized by the state of'texas. k. We will issue loss payment to the first Named Insured shown in the Declarations and any mortgagee or lass payee as designated. 14. Limited Railroad Contractual Liability The following conditions are applicable only to coverage afforded by reason of the redefining of an "insured contract"in the DEFINITIONS section of this endorsement: a. Railroad Protective Liability coverage provided by Railroad Protective Liabil" Coverage Form (CG 00 35)with minimum limits of$2,000,00 per occurrence and a $6,000,000 general aggregate limit must be in Piece for the entire duration of any project. b. Any amendment to the Other Insurance condition of Railroad Protective Liability Coverage Form (CG 00 35) alters the primacy of the coverage or which impairs our right to contribution will rescind any coverage afforded by the redefined "insured contract"language. c. For the purposes of the Other Insurance condition of Railroad Protective Liability Coverage Form (CG 00 35)you,the named insured,will be deemed to be the designated contractor. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc„with its permission. Page 13 of 14 *30030940* 11111111111111111111�1111 11111 1 11111!111111 POLICY NUMBER: 60422917 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU LOCATIONS DESIGNATED AND HAVE AGREEED TO NAME AS ADDITIONAL DESCRIBED IN THE ABOVE INSURED BY WRITTEN CONTRACT OR MENTIONED WRITTEN CONTRACT AGREEMENT IF THE CONTRACT OR OR AGREEMENT AGREEMENT IS EXECUTED PRIOR TO LOSS I Information -required to complete this Schedule, if not shown above will be shown in the Declarations. PREMIUM 11500 A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits of Insurance: with respect to liability for "bodlly injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a Contract or agreement, the most we "Your work" at the location designated and will pay on be half of the additional insured is the described in the Schedule of this endorsement amount of insurance: Performed for that additional insured and 1. Required by the contract or agreement; or included in the "products -completed operations 2. Available under the applicable Limits of hazard". Insurance shown in the Declarations; However whichever is less, I. The insurance afforded to such additional insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and limits of Insurance shown in the Declarations. 2. if coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. CG 20 37 0413 ®Insurance Services Office, Inc., 2012 Page 1 of 1 *22030860* 1111111111Ell111111 COMMERCIAL AUTO CA 7109 01 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMON POLICY CONDITIONS COVERAGEINDEX DESCRIPTION PAGE Temporary Substitute Auto Physical Damage 2 Broad Form Insured 2 Employee as Insureds 2 Additional Insured Status by Contract,Agreement or Permit 2 Bail Bond Coverage 3 Loss of Earnings Coverage 3 Amended Fellow Employee Coverage 3 Towing and Labor 3 Physical damage Additional Transportation Expense Coverage 3 Extra Expense-Theft 3 Rental Reimbursement and Additional Transportation Expense 4 Personal Effects Coverage 4 Personal Property of Others 4 Locksmith Coverage 4 Vehicle Wrap Coverage 5 Airbag Accidental Discharge 5 Audio,Visual and Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 5 Glass Repair—Deductible Amendment 5 Amended Duties in the Event of Accident Claim, Suit or Loss 6 Waiver of Subrogation Required by Contract 6 Unintentional Failure to Disclose Hired, Leased, Rented or Borrowed Auto Physical Damage B Mental Anguish 7 Extended Cancellation Condition 7 The COVERAGE INDEX set forth above is informational only and grants no coverage. Terms set forth in (Bald Ifallcs) are likewise for information only and by themselves shall be deemed to grant no coverage. CA 7109 01 17 Includes copyrighted material of Insuranre Services Office, Inc., with its permission. Page 1 of 7 *14030780* 1111111111111111111111111111111111111X111111111 (Temporary Substftute Auto Physical Damage) A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION I — COVERED AUTOS, paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos is amended by adding the following at the end of the existing language: If Physical Damage Coverage is provided under this Coverage form for an "auto` you own, the Physical Damage coverages provided for that owned"auto" are extended to any"auto"you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss", or destruction S. BROADENED LIABILITY COVERAGES SECTION 11 —LIABILITY COVERAGE in Paragraph A. Coverage at 1. Who Is An Insured is amended to include the following: (Broad Form Insured) d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership, (2) That is an"insured" under any other policy, (3) That has exhausted its Limits of Insurance under any other policy,or (4) 180 days or more after Its acquisition or formation by you, unless you have given us notice of the acquisition or formation Coverage does not apply to"bodily injury" or"property damage" that results from an accident that occurred before you formed or acquired the organization, (Employee as Insureds) f. Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto"you do not own, hire or borrow. (Additional Insured Status by Contract, Agreement or Permit) g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the°bodily injury"or"property damage." The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered"autos"at the location(s)designated, if any, Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even If the limits of liability stated to the policy exceed those limits, This endorsement shall not increase the limits stated in Section ll. C. Limits of Insurance. For any covered"auto°you own this Coverage Form provides primary coverage. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. CA 71 09 01 17 C. BROADENED SUPPLEMENTARY PAYMENTS SECTION II. LIABILITY A. Coverage 2. Coverage Extensions a. Supplementary Payments (2) and (4) are replaced by the following: (Ball Bonar Coverage) (2) tip to $5,000 for cost of bail bands (including bonds for related traffic violations) required because of an "accident"we cover. We do not have to fumish these bonds. (Lass of Earnings Coverage) (4) Ali reasonable expenses incurred by the "insured" at our request, including actual loss of eaming up to $500 a day because of time off from work. (Amended Fellow Employee Exclusion) D. AMENDED FELLOW EMPLOYEE EXCLUSION Only with respect to your"employees"who occupy positions which are supervisory in nature, SECTION It. LIABILITY B. Exclusion 5. Fellow Employee is replaced by: S. Fellow Employee "Bodily Injury": a. To you, or your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); b. To your"executive officers" and directors (if you are an organization other than a partnership, joint venture, or limited liability company) but only with respect to performance of their duties as your officers or directors; c. For which there is an obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph a and b above; or d. Arising out of his or her providing or failing to provide professional health care services. For purposes of this endorsement, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, transfer,direct,discipline or discharge. E. BROADENED PHYSICAL DAMAGE COVERAGES SECTION III—PHYSICAL DAMAGE COVERAGE A.Coverage is amended as follows: (Towing and Labor) 2. Towing is deleted and replaced with the following: 2. Towing and Labor We will pay towing and labor costs incurred, up to the limits shown below, each time a covered"auto"is disabled: a. For private passenger type vehicles we will pay up to$100 per disablement. b. For all other covered!"auto's"we will pay up to $500 per disablement However, the labor must W performed at the place of disablement. (Physical Damage Additional Transportation Expense Coverage) 4. Coverage Extensions a. Transportation Expenses is amended to provide the following limits: We will pay up to$60 ger day to a maximum of$1,$00. All other terms and provisions of this section remain applicable. The following language is added to 4. Coverage Extensions: (Extra Expense—Theft) c. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that is stolen, we Wil pay the expense of retumin9 that stolen auto to you. The limit for this coverage extension Is$5,000, CA 7109 01 17" Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 215030790* (Rental Reimbursement and Additional Transportatlan Expense) d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical damage coverages for which a premium is shown in the Declarations or schedule pages, Coverage applies only to a covered"auto". (1) We will pay for auto rental expense and the expense incurred by you because of"loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto." Payment applies in addition to the otherwise applicable coverage you have on a covered"auto." No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration,with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto." If"loss" is caused by theft,this number of days is added to the number of days it takes to locate the covered"auto"and return it to you, or (b) 30 days. (3) our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred;or (b) $75 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. td) If"loss" results from the total theft of a covered "auto"of the private passenger or fight truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions,a.Transportation Expenses. (Personal Effects Coverage) e. Personal!Effects If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to$500 for Personal Effects stolen with the "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is worn or carried by an"insured". (Personal Property of Others) f. Personal Property of Others We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage applies only in the event of"loss"to your covered "auto" caused by fire, Ilghtning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductibles apply to this coverage, (Locksmith Coverage) g. Locksmith Coverage We All pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger"auto".The deductible is waived for these services, Page 4 of 7 includes copyrighted material of Insurance Services Office, Inc.,with its permission. CA 71 09 01 17 (Vehicle Wrap Coverage) It. Vehicle Wrap Coverage If you have Comprehensive or Collision coverage on an "auto" that is a total lass, in addition to the actual cash value of the "auto", we will pay up to$1,000 for vinyl vehicle wraps which are displayed on the covered "auto' at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage for any one "loss" is $5,000. For purposes of thfs coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. (Airbag Accidental Discharge) F. SE=CTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended at 3. to include the fallowing language: If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. G. BROADENED LIMITS OF INSURANCE (Audio, Visual and Data Electronic Equipment Coverage) SECTION III —PHYSICAL DAMAGE COVERAGE —C. Limit of Insurance at i.b. is amended to provide the following limits: b. Limits of $1,000 per "loss" is increased to $5,000 per"loss". All other terms and provisions of this section remain applicable. i (Auto Loan/Lease Total Loss Protection) SECTION III — PHYSICAL DAMAGE COVERAGE — C. Limit of Insurance is amended by adding the following language: 4. In the event of a total 'loss"to a covered "auto" shown in the Schedule pages, subject at the time of the"loss"to a loan or lease, we will pay any unpaid amount due including up to a maximum of$500 for early termination fees or penalties on the lease or loan for a covered"auto" less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease 1 loan payments at the time of the "loss' (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased wtth the loan or lease; and (5) Cary-over balances from previous loans or leases. (Glass Repair—Deductible Amendment) H. GLASS REPAIR—DEDUCTIBLE SECTION III—PHYSICAL DAMAGE COVERAGE—D.Deductible is amended by adding the following: Any deductible shown in the declarations as applicable to the covered "auto' will not apply to glass breakage if the damaged glass is repaired, rather than replaced. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc„with its permission. Page 5 of 7 15030E300. 1IN111111111111111N11111111111111111 (Amended Duties In the Event of Accident, Claim, Suit or Loss) I. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM,SUIT OR LOSS Linder SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, the following is added to paragraph 2. Duties In The Event of Accident,Suit or Cross: d. Knowledge of any "accident", "claim", "suit"or"loss" will be deemed knowledge by you when notice of such "accident","claim", "suit"or"loss"has been recelved by: (1) You, if you are an individual; (2) Any partner or Insurance manager if you are a partnership; (8) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, it you are a limited liability company; or (8) Your officials,trustees, hoard members or insurance manager, if you are a not-far-profit organization. (Waiver of Su+brogatfon by Contract) J. WAIVER OF SUBROGATION REQUIRED BY CONTRACT Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions B. Transfer of Rights of Recovery Against Others to Us the following language is added: However, we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the"bodily injury"or"property damage." (Unintentional Failure to Disclose) K. UNINTENTIONAL FAILURE TO DISCLOSE Under SECTION IV -- BUSINESS AUTO CONDITIONS, B. General Conditions, the following fs added to 2. Concealment,Misrepresentation Or Fraud: Your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. (Hired, Leased, Rented or Borrowed Auto Physicai Damage) L, HIRED, LEASED,RENTED OR BORROWED AUTO PHYSICAL DAMAGE Under SECTION IV—BUSINESS AUTO CONDITIONS B. General Conditions 8, Other insurance Paragraph 5.b. is replaced by the following: b. (1)For"Comprehensive" and "Collision"Auto Physical Damage coverage provided by this endorsement, the following are deemed to be covered"autos"you own.- (a) wn:(a) Any Covered"auto"you lease, hire, rent or borrow,, and (b) Any Covered "auto" hired or rented by your "employee" under a contract in that Individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered"auto" (2) Limit of Insurance For This Section The most we Wll pay for any one"loss"is the lesser of the following: (a) $75,440 per accident,or (b) actual cash value at the time of lass, or Icy cost of repair. i }gage 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 Minus a $540 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. No deductible app#les to "loss" caused by fire or lightning. (3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Definitions For This Section (a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered"auto's"overturn.We will pay glass breakage, "loss"caused by hitting a bird or animal and, "loss"caused by falling objects or missiles, (b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered "auto's"overturn. (Mercia!Anguish) M. MENTAL ANGUISH Under SECTION V-DEFINITIONS, C. is replaced by the following. C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish or death resulting from bodily injury, sickness, or disease. (Extended Cancellation Condition) N. EXTENDED CANCELLATION CONDITION Under CANCELLATION,of the COMMON POLICY CONDITIONS form, item 2.b.is replaced by the following: ! b. 60 days before the effective date of cancellation if we cancel for any other reason. CA 7109 01 17 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 7 *170301910* Texasmutuz WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WG 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas is shown In item 3.A. of the Information Page, We Have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shaft not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. (y Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to famish this waiver. 1 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the prem]urn developed on payroll in connection with work performed for the above person(s)or organizatlon(s)arising out of the operations described. 4, Advance Premium: Included, see Information Page This endorsement changes the polfcy to which R is attached effective an the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 1118117 at 12:01 a.m.standard time,forms a part of. Policy no.4001217793 of Texas Mutual Insurance Company effective on IIIB/I7 Issued to: TEJAS COMMERCIAL CONSTRUCTION LLC This is not a bill Authorized representative NCCI Carrier Code: 29939 11rrJt7 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual,cam 1(800)859-59951 Fax(800)359-0650 WC 42 03 04 B