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R2018-164 2018-10-22 RESOLUTION NO. R2018-164 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with InfraTech Engineers & Innovators, LLC, for design services, associated with the Dixie Farm Road Intersection Improvements (Dixie Farm Road at Broadway), in an amount not to exceed $209,536.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for engineering design services associated with the Dixie Farm Road Intersection Improvements, a copy of which is attached hereto as Exhibit"A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for engineering design services associated with the Dixie Farm Road Intersection Improvements. PASSED, APPROVED and ADOPTED this the 22nd day of October, A.D., 2018. TOM REID MAYOR ATTEST: .• , .i fit/ 'ISs �e*NG LU ' 'G, ;�. �\ Y SES+: TARY ���/// APPROVED AS TO FORM: atie------ DARRIN M. COKER CITY ATTORNEY Exhibit A CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and infraTECH Engineers &Innovators, LLC ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Intersection Improvements — Broadway at Dixie Farm ("PROJECT"). (Project # TR1804) SECTION I-SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform engineering services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule.The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook)considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes,reports,estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors Design 1 of 6 D2.Revised 2018 and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage.Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage,conditions,and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees,harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT,his officers,employees,agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. Design 2 of 6 D2 Revised 2018 SECTION II -PERIOD OF SERVICE This CONTRACT will be binding upon execution and end October 31, 2020. SECTION III -CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services (Lump Sum) $201,534.78 2. Additional Services shall require independent and specific authorization and shall be billed as (Lump Sum): 3. Bid Phase Services (Hourly Not to Exceed) $2,140.00 4. Construction Phase Services (Hourly Not to Exceed) $3,420.00 5. Reimbursable Expenses (Not to Exceed) $2,441.70 6. Total: $209,536.48 C. The CITY shall make payments to the CONSULTANT within thirty(30)days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection,review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub- consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. Design 3 of 6 D2 Revised 2018 SECTION V-TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause--by delivering written notice to CONSULTANT personally or by certified mail at 11111 Wilcrest Green Drive, Suite 41, Houston, TX 77074. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum,the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this,the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. Design 4 of 6 D2 Revised 2018 SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person,other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability,and in its discretion,may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift,or contingent fee that has been paid. SECTION VIII-SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. L � l C i F P • AND,TEXAS DATE /o/.? /g CONSULTANT DATE Design 5of 6 D2 Revised 2018 House Bill 89 Verification I, _Anwar Zahid (Person name), the undersigned representative (hereafter referred to as "Representative") of _infraTECH Engineers & Innovators, LLC. 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. /14.-------------- _,e.:_e SIGNATURE OF REPRESENTATIVE to i (; SUBSCRIBAD_A�I_D W TO BWRE ME, the undersigned authority, on this yof Q 20 ,4.14gh, LYNN COTTRELL kj °: ��Notery Public,State of Texas =y az Comm. Expires 06-29.2021 ^ r '�:;�°�,�` Notary ID 2568019 —(1./ , Notary Public Design 606 D2 Revised 2018 J"infraTECH Engineers E Innovators.LLC October 3, 2018 Ms. Fatema Weekly Project Manager, Engineering & Capital Projects City of Pearland 2559 Hillhouse Pearland, Texas 77584 RE: Intersection Improvement Project Dixie Farm Road and FM 518 (Broadway) Dear Ms. Weekly: We are very excited to be selected for the above-referenced project. Attached please find the signed vendor application packet for the project. We look forward to working with you and other City staff on this project. Please don't hesitate to contact me at 832-991-8164 or zahidul.siddique@infratech-us.com if you have any questions. Sincerely, InfraTECH Engineers & Innovators, LLC .7sii,‘:71,si_. Zahidul Siddique, PhD, PE, PTOE Principal Engineer cc: Syed Haq, PE 11111 Wilcrest Green Drive, Suite 410, Houston, Texas 770741 Tel: 281-732-66011 Fax: 832-991-8179 Scope of Services For FM518 and Dixie Farm Road Intersection Improvement Project City of Pearland � o fs� q% J�"J"infraTECH Engineers a Innovators LLC AnyF fr t TECH I. PROJECT DESCRIPTION The work to be performed by INFRATECH ENGINEERS & INNOVATOR, LLC and team members (CONSULTANT) will generally consist of developing Plans, Specifications, and Estimates (PS&E) in accordance with the City of Pearland (CITY) and Texas Department of Transportation (TxDOT) criteria, standards, and specifications to add an additional left-turn lane for all four approaches of the intersection of FM 518 (E Broadway Street) and Dixie Farm Road. These tasks are described in detail below. II. GENERAL REQUIREMENTS a) The CONSULTANT shall develop project specific design criteria, based on design speed, functional class of roads, and other applicable CITY and TxDOT Manuals and CITY ordinances, and summarize those in a Design Summary Report (DSR). All assumptions and constraints shall be identified and documented. The design criteria shall be reviewed and approved by the CITY and TxDOT (for FM 518) prior to commencing the design work. b) The CONSULTANT shall coordinate with the utility companies that have utilities within or adjacent to the PROJECT boundary on any and all exposure, removal, and/or relocation work necessary to implement the PROJECT. The CONSULTANT shall coordinate with the CITY in reviewing existing utility information and provide a utility conflict analysis. If it is determined that any other utility coordination will be necessary by the CONSULTANT, the task will be accomplished through an amendment to this Agreement. c) Since the PROJECT involves a state highway (FM 518), the CONSULTANT shall coordinate with the Brazoria Area Office of TxDOT- Houston District at the early stage and throughout the design period of the PROJECT regarding permit needs and other TxDOT requirements. The CONSULTANT shall be responsible for obtaining any permits required for the PROJECT. Page 2 of 14 �li'"r frSTECH d) The CONSULTANT shall prepare plans following the CITY Engineering Design Criteria Manual and other applicable TxDOT Manuals. Plan sequence shall follow the CITY Engineering Design Criteria Manual. e) For submittals to the CITY, the CONSULTANT shall follow the guidelines provided in Chapters 1 and 2 of the CITY Engineering Design Criteria Manual. For TxDOT submittals, the CONSULTANT shall submit necessary copies, as required by TxDOT, of 11"X17" plans. These shall be reviewed and checked by the CITY and TxDOT and returned to the CONSULTANT for corrections. f) After addressing the comments adequately, the CONSULTANT shall submit an electronic copy of the revised and final construction plans and other documents along with responses to comments and redlined plans to the CITY for approval. g) All plans, specifications, documents, provisions, attachments, and correspondence provided in accordance with the contract shall be dated. The CONSULTANT shall also provide monthly progress reports to the CITY during the course of the design. Monthly progress reports will not be provided during bid phase or construction. III. BASIC SERVICES The Consultant shall render the following professional engineering services to the CITY in connection with the construction of the PROJECT. 1. Preliminary Phase Services a. The CONSULTANT shall attend meetings with the CITY & TxDOT- Houston District, as required, to identify & solicit necessary information. The CONSULTANT shall coordinate with the TxDOT regarding the permit needs, proposed improvements on FM 518, and other TxDOT requirements b. The CONSULTANT will gather and review existing information from: Page 3 of 14 AC""rri fr,T CH i. Available as-built plans and existing right-of-way (ROW) maps from the CITY and TxDOT; and public and private utility plans ii. Available drainage studies and floodplain information from FEMA, CITY, TxDOT, and BDD4 iii. Available existing traffic counts and analysis iv. Available crash data v. CITY and TxDOT General Notes for Plans vi. Applicable Standard Drawings/Details c. The CONSULTANT shall provide or procure additional information, as required. 2. Field Survey a. The CONSULTANT shall determine existing ROW line based on recorded data. b. Perform topographic survey of 1) Dixie Farm Road from the middle driveway of Walmart (1000' south of the intersection) to the bridge approach at Mary's Creek and 2) FM 518 from Walmart intersection to Longwood Drive. Deliverables • Planimetric design file containing field survey data in AutoCAD format 3. Geotechnical Services a. The CONSULTANT shall obtain two soil borings at the intersection and develop recommendations for the proposed traffic signal, groundwater control, and construction considerations. Deliverables • Geotechnical report 4. Preliminary Design Services a. The CONSULTANT shall perform traffic analyses to determine the length of left-turn lanes that will perform with an acceptable Level-of-Service Page 4 of 14 , . 1 ri fr9T CH (LOS) in the short- and long-term. These lengths will be the basis for left- turn lane design. Analyses will include the following: i. Analysis will be performed for base year (2019) and future year traffic (2030). ii. The CONSULTANT shall use existing traffic counts, if feasible, to perform the analyses. Traffic growth rate for the area used in the Travel Demand Model or as advised by the CITY will be used to project traffic for future years. iii. If new traffic counts at the intersection are required, the CITY will perform the count. iv. The CONSULTANT shall perform a crash analysis to identify any safety deficiencies so that appropriate countermeasures can be incorporated in the design. b. The CONSULTANT shall prepare conceptual designs, meet with the CITY and TxDOT, and select best alternative to move forward for design c. The CONSULTANT shall conduct limited drainage impact analysis for the intersection within limits defined. The scope doesn't include drainage mitigation alternatives study and design. The CITY will use available drainage mitigation capacity in E. Mary's Creek Detention Facility of compensate for any mitigation, which may result from this project. The CONSULTANT will: i. Review existing plans and drainage system ii. Using simplified rational methods, define mitigation storage required for the widening iii. Prepare a Technical Memorandum documenting the analysis findings iv. Coordinate with the CITY, TxDOT, and BDD4 for approval d. The CONSULTANT shall prepare and submit the Draft Preliminary Engineering Report (PER) containing: i. Executive Summary & Design Recommendation & review of Design Alternatives ii. Draft Geotechnical report with bore location logs Page 5 of 14 Ak rInfr t TECH iii. Drainage Impact Analysis and Recommendations iv. Traffic analysis and recommendations v. Exhibits showing the proposed design e. Upon approval of PER by the CITY, the CONSULTANT shall submit Final Report, as follows: i. Prepare written response to City's review comments ii. Make revisions to report & resubmit for final approval iii. Submit final report when all comments are addressed f. The CONSULTANT shall identify utility conflicts & notify all utility companies and other entities that have facilities within the project limit g. The CONSULTANT shall prepare a preliminary Engineer's opinion of probable cost estimate h. If required and asked by the CITY, The CONSULTANT shall coordinate or assist the CITY for meeting(s) with the property owners within the project limit i. The CONSULTANT shall attend monthly progress/update meetings Deliverables • Conceptual Design Plans for review and comments • Draft Preliminary Engineering Report • Final Preliminary Engineering Report • Preliminary Engineer's opinion of probable cost estimate 5. Final Design Phase Services This phase will consist of three submittals: 60%, 90%, and Final. a. The CONSULTANT shall prepare plans, specifications, and cost estimate in accordance with City of Pearland's Design Criteria Manual (DCM) and applicable TxDOT standards. i. The CONSULTANT shall prepare the following plans: • Title/Cover Sheet Page 6 of 14 AarinfraTECH • Index Sheets • Project Layout—The layout should depict project limit with begin and end stations, and north arrow. • Existing and Proposed Typical Sections —The existing and proposed typical sections should be shown with roadway (pavement, curb, sidewalk, ROW etc.) characteristics. The CONSULTANT shall incorporate pavement design for the pavement widening based on the existing pavement section. • General Notes (inserted by the CONSULTANT) —The CONSULTANT will edit the Master General Notes file(s) provided by the CITY and will insert into the plan set. Any required TxDOT notes will also be incorporated • Estimate and Quantities (inserted by the CONSULTANT) —The CONSULTANT will prepare, in a spreadsheet format, a complete listing of construction bid items and compute estimated quantities required for each bid item and insert it in the plan set. • Traffic Control Plans (TCP) —The CONSULTANT shall develop a detailed TCP when traffic handling during construction involves complications for which a feasible solution is not covered by the current edition of the TMUTCD or the current TxDOT TCP Standards. TCP will be submitted to the CITY and TxDOT for approval after 60% submittal. The CONSULTANT shall prepare plans, details, typical sections, and phasing for the construction. • Survey (H & V) Control —This sheet will include centerline alignment data, tied to project control, for the entire project limits including curve data and bearing/coordinates for each alignment. • Roadway and Drainage Plan/Profile —These sheets will show roadway and drainage plans and profiles, including roadway transitions, based on the controlling criteria and standards mentioned above. Page 7 of 14 Anjri fraT CH • Intersection Layout—The CONSULTANT shall design the intersection of FM 518 and Dixie Farm Road to accommodate the design vehicle turning radius. ADA ramps will be designed following ADA standards. The CONSULTANT will be responsible for all necessary submittals to the Texas Department of Licensing and Regulation (TDLR) for final review and inspection of all proposed pedestrian and bicycle facilities. • Miscellaneous Roadway Details —This sheet(s) may be developed to illustrate any necessary additional construction details not covered by the Standards. The CONSULTANT shall obtain CITY approvals for these details. • Storm Sewer Calculations —The CONSULTANT shall prepare this sheet showing all detail calculations. • Signing and Pavement Marking —The CONSULTANT shall prepare signing and pavement marking plans according to the TMUTCD. Details of any non-standard sign(s) will be shown in the plans. • Traffic Signal —The CONSULTANT shall provide the design plans for installing traffic signal at the intersection of FM 518 and Dixie Farm Road. • Erosion Control Plan — Prepare erosion control layout sheets showing all necessary erosion control devices. Provide any details necessary to clarify the construction requirements of the erosion control plans. This task doesn't include preparation of SW3P permitting assuming that the Contractor will prepare the SW3P in accordance with the latest EPA and TCEQ criteria in order to comply with NPDES requirements. • Standard Drawings —The CONSULTANT shall identify and insert, as frequently as possible, all applicable CITY and TxDOT standards for TCP, Roadway, Drainage, Signing and Pavement Markings, Traffic Signals and other details. Page 8 of 14 ��"WFt fr&TECH nsarebri 11C • Cross Sections —The CONSULTANT will develop cross sections at 50' interval for both roadways. Cross Sections will be developed at a scale following CITY/TxDOT guidance. ii. The CONSULTANT shall prepare Engineer's opinion of probable cost estimates for each submittal iii. The CONSULTANT shall prepare bid documents for the Final Plan Submittal, including a specification package including standard CITY and TxDOT specifications, and any special specifications/ provisions. b. The CONSULTANT shall provide 60% and 90% plans to all utility companies or other entities that have facilities within the project limit. If requested by the CITY, the CONSULTANT shall coordinate and attend the utility coordination meeting(s) and schedule relocation. c. The CONSULTANT shall coordinate with TxDOT, provide plans, and obtain necessary permit. d. The CONSULTANT shall attend monthly progress/update meetings at the City. The last meeting will be the Technical Review Committee which will consist of: • Review of project and solution • Review of the plans and basis of design • Designed systems (roadway, storm, bridge, landscape, pedestrian facilities, etc.) • Review of constructability • Review of key specifications • Review cost estimate • Review bid items and bid proposal • Review schedule for advertisement and bid phase e. The CONSULTANT shall prepare bid sets for distribution via the City's e- bid system; including Plans, Specifications, Bid Proposal, (utilizing City Page 9 of 14 ��ri fr a TECH Standard Details + Specs; for details & specification sections the City does not have, submit proposed supplement specs) and submit to CITY for signatures i. provide two (2) sets plans and specifications and estimates to City for review at 60% & 90%; provide written comments/resolution to City revisions/comments Deliverables • Presentation materials and supporting documents for public involvement meetings, if requested by CITY • Hard copy plans at 60% and 90% to utility companies for coordination meetings • Two (2) sets of plans, specifications, and estimates to CITY for review at 60% and 90% designs • Written comments/resolutions to CITY comments/revisions • Revised Engineer's cost estimates • Bid Documents • One (1) signed and sealed of Final Design Plan • A CD containing electronic files of plans, CADD, Civil 3D, GIS compatible files, and engineering calculations 6. Bid Phase Services (Hourly Not to Exceed) The CONSULTANT shall provide services to assist the CITY in selection of a Contractor for the construction of the PROJECT. These services shall consist the following: a. Provide Notice to Bidders (NTB) to the Project Manager in an electronic form appropriate for the CITY's e-bid system format. CITY is responsible for advertising. b. Reproduce and disseminate bid sets to Dodge, AGC, ABC, Amtek and (2) two sets to the City [PM (1), Purchasing (1), and interested bidders] c. Distribute (including the sale of) plans to interested bidders i. Keep record of plan holder's list Page 10 of 14 A��infr i T CH d. Chair pre-bid meeting and attend the Bid Opening e. Respond in writing to questions from bidders and prepare addenda as necessary. f. Assist with design of Bid Proposal* g. Prepare Engineer's Recommendation of Award Letter that includes the following required content: i. Check for math errors and reconcile any mathematical discrepancies ii. Review for unbalance bid items iii. Certified Bid Tabulation including Engineer's estimate iv. Review of contractor's financial standing and references provided v. Explanation of discrepancies between the Engineer's estimate and bids vi. Recommendation to award h. Attend City Council meeting and recommendation for award of Contract for Construction. i. Produce and transmit to selected contractor five (5) sets of project manuals ready for execution with City's Notice of Intent to Award (NOI) *This is the use of bid strategies to attain lowest possible prices for work, use of alternatives, etc. Deliverables • Notice to Bid in electronic format to CITY • Bid sets to Dodge, AGC, ABC, Amtek and (2) two sets to the CITY • Engineer's Recommendation of Award Letter • Five (5) sets of PROJECT Manual to the awarded contractor 7. Other Services (Hourly Not to Exceed) The CONSULTANT shall provide following services to assist the CITY as-needed basis: a. Meeting with property owners and other stakeholders Page 11 of 14 AJ`'rf fr,T CH b. Public involvement and meetings 8. Construction Phase Services (Hourly Not to Exceed) These services are intended to assist the CITY in the following areas during construction; administering the contract for construction, monitoring the performance of the construction contractor, verifying that the contractor's work is in substantial compliance with the Contract Documents, and in responding to the events that occur during construction. The CONSULTANT shall provide Construction Administration services as defined below. a. Construction Administration i. Attend pre-construction meeting to provide information & answer questions ii. Attend monthly progress meetings with Construction Manager, Contractor& City of Pearland as needed iii. Review/approve & comment on Contractor's submittals, RFIs, Contractor Proposals, Request for Change Orders (RCO) including coordination with Construction Manager on Proposals & Change Orders using the City of Pearland's Pro-Trak system. iv. Provide interpretive guidance for Contractor, Construction Manager in resolution of problems v. Conduct Substantial Completion Inspection with CM or PM to: • Review progress of work for Substantial Completion walk through • Generate a punch list of items for correction • Substantiate items that are completed • Issue both Certificate of Substantial Completion (signed/sealed from Design Engineer) & Final Acceptance or 2nd walk through vi. Issue Final Completion & Acceptance letter to City recommending acceptance & release of final payment Page 12 of 14 AA""rri fr&TECUC vii. Coordinate contractors, CM/CI to provide complete record of As- Builts Drawing viii. Within thirty (30) days after receipt of As-Builts from the contractor to the CM, the project engineer shall provide to the City one (1) set of full size reproducible record drawings, an electronic file copy (PDF format) and an AutoCAD file (.dwg), or compatible .dxf file Deliverables • Meeting minutes, logs, and documentations, as required • A CD containing Record Drawings IV. ITEMS NOT INCLUDED IN THE SCOPE OF SERVICES The CITY and the CONSULTANT agree that the following services are beyond the Scope of Services described above. However, the CONSULTANT may provide these services, upon the CITY's written request. Any additional amounts paid to the CONSULTANT as a result of any material change to the Scope of the PROJECT shall be agreed upon in writing by both parties before the Services are performed. The additional Services include the following: • Water and Sanitary Sewer Design; • Signal Warrant Analysis; • Environmental permitting and mitigation; • Pavement Design; • Landscape and Irrigation Design and layout; • Private utility relocation design and layout; • Construction phase services other than items mentioned above; • Construction staking V. DRAFT SCHEDULE The following table shows a draft schedule for the project: Page 13 of 14 Anyi fr&TECH Basic Services Expected Completion Date 1. Preliminary Phase Services October 31, 2018 2. Survey October 31, 2018 3. Geotechnical November 30, 2018 4. Preliminary Design Services January 31, 2019 5. Final Design Services May 30, 2019 6. Bid Phase Services Hourly Not to Exceed 7. Other Services Hourly Not to Exceed 8. Construction Phase Services Hourly Not to Exceed VI. FEE SCHEDULE The following table shows the fee schedule for the project: Basic Services (Lump Sum Fee) Hours Fee 1. Preliminary Phase Services 47 $6917.00 2. Survey 92 $13107.28 3. Geotechnical 41 $9018.50 4. Preliminary Design Services 285 $40,469.00 5. Final Design Services 916 $115,927.00 6. Bid Phase Services 24 $2,140.00 7. Construction Phase Services 20 $3,420.00 Project Management 96 $16,096.00 Other Direct Expenses $2,441.70 Total 1521 $209,536.48 Page 14 of 14 Prime Provider.INFRATECH ENGINEERS INNOVATORS,LLC Fee Schedule City of Pearlan Project:FM 518 and Dixie Farm Road Intersections Improvements Method of Payment:Lump Sum TEAM:InfraTECH,FNI,LandTech,Goetest,Accessibility Check AGENCY PM:Ryan McKinnis/Fatema Weekly CONSULTANT PM:Zahidul Siddique TASK DESCRIPTION PROJECT QUALITY PROJECT DESIGN EIT Sr.CADD ADMIN/ TOTAL MANAGER MANAGER ENGINEER ENGINEER Tech CLERICAL LABOR HRS. &COSTS PRELIMINARY PHASE SERVICES MEETINGS WITH TXDOTBDD4 4 6 10 DATA COLLECTION/REVIEW 01 7 8 FIELD RECONNAISSANCE(2 VISITS) 2 24 8 DEVELOP DESIGN CRITERIA(DSR) 1 4 5 TXDOT PERMITTING 2 2 4 8 16 HOURS SUB-TOTALS 9 0 11 19 8 0 0 47 CONTRACT RATE PER HOUR $215.00 $225.00 $145.00 $137.00 $98.00 $135.00 $75.00 TOTAL LABOR COSTS $1,935.00 $0.00 $1,595.00 $2,603.00 $784.00 $0.00 $0.00 $6,917.00 SUBTOTAL $6,917.00 TASK DESCRIPTION PROJECT QUALITY PROJECT DESIGN EIT Sr.CADD ADMIN/ TOTAL MANAGER MANAGER ENGINEER ENGINEER Tech CLERICAL LABOR HRS. &COSTS FIELD SURVEY COORDINATE WITH SURVEY SUBCONSULTANT 2 22 6 HOURS SUB-TOTALS 2 02 2 0 0 0 6 CONTRACT RATE PER HOUR $215.00 $225.00 $145.00 $137.00 $98.00 $135.00 $75.00 TOTAL LABOR COSTS $430.00 $0.00 $290.00 $274.00 $0.00 $0.00 $0.00 $994.00 SUBTOTAL $994.00 TASK DESCRIPTION PROJECT QUALITY PROJECT DESIGN EIT Sr.CADD ADMIN/ TOTAL MANAGER MANAGER ENGINEER ENGINEER Tech CLERICAL LABOR HRS. &COSTS GEOTECHNICAL REVIEW GEOTECHNICAL REPORT 1 1 1 3 HOURS SUB-TOTALS1 0 1 1 0 0 0 3 CONTRACT RATE PER HOUR $215.00 $225.00 $145.00 $137.00 $98.00 $135.00 $75.00 TOTAL LABOR COSTS $215.00 $0.00 $145.00 $137.00 $0.00 $0.00 $0.00 $497.00 SUBTOTAL $497.00 - PAGE 1 OF 7 Prime Provider.INFRATECH ENGINEERS INNOVATORS,LLC Fee Schedule City of Pearlani Project:FM 518 and Dixie Farm Road Intersections Improvements Method of Payment Lump Sum TASK DESCRIPTION PROJECT QUALITY PROJECT DESIGN EIT Sr.CADD ADMIN/ TOTAL MANAGER MANAGER ENGINEER ENGINEER Tech CLERICAL LABOR HRS. &COSTS PROJECT MANAGEMENT AND ADMINISTRATION PROJECT MANAGEMENT/ADMINISTRATION 32 8 24 64 PROGRESS/COORDINATION MEETINGS WITH CITY INCLUDES MILESTONE REVIEW AND RESOLUTION MEETINGS 24 8 32 HOURS SUB-TOTALS 56 0 8 8 0 0 24 — 96 CONTRACT RATE PER HOUR $215.00 $225.00 $145.00 $137.00 $98.00 _ $135.00 $75.00 - TOTAL LABOR COSTS $12,040.00 $0.00 $1,160.00 $1,096.00 $0.00 $0.00 $1,800.00 $16,096.00 SUBTOTAL $16,096.00 TASK DESCRIPTION PROJECT QUALITY PROJECT DESIGN EIT Sr.CADD ADMIN/ TOTAL MANAGER MANAGER ENGINEER ENGINEER Tech CLERICAL LABOR HRS. &COSTS P,(t�'laMItibira ESIONSBRICES,'. TRAFFIC ANALYSIS 1 3 8 12 CONCEPTUAL DESIGN 2 2 4 16 24 DRAFT PER 2 4 12 24 42 SINAL PER 1 1 1 4 7 GEOMETRIC DESIGN 0 ESTABLISH FM 518 ALIGNMENT(H&V) 1 2 3 4 10 ESTABLISH DIXIE FARM RD ALIGNMENT(H&V) 1 2 3 4 10 UTILITY CONFLICT/COORDINATE WITH UTILITIES 2 8 10 ENGINEER'S OPINION OF PROBALE COST ESTIMATE/QUA 1 4 4 9 HOURS SUB-TOTALS 11 0 18 31 64 0 0 124 CONTRACT RATE PER HOUR $215.00 $225.00 $145.00 $137.00 398.00 $135.00 $75.00 TOTAL LABOR COSTS $2,365.00 $0.00 $2,610.00 $4,247.00 $8,272.00 $0.00 $0.00 $15,494.00 SUBTOTAL $15,494.00 TASK DESCRIPTION PROJECT QUALITY PROJECT DESIGN EIT Sr.CADD ADMIN/ TOTAL MANAGER MANAGER ENGINEER ENGINEER Tech CLERICAL LABOR HRS. &COSTS VICES S PLAN DEVELOPMENT TITLE SHEET 1 4 5 INDEX SHEET 1 1 4 6 PROJECT LAYOUT(SCALE 11=2000') 0 0 0 4 4 EXISTING TYPICAL SECTIONS 0 2 2 8 4 16 PROPOSED TYPICAL SECTIONS 1 2 4 12 8 27 GENERAL NOTES 1 1 1 1 2 6 SURVEY CONTROL DATA SHEETS 1 1 2 2 6 HORIZONTAL ALIGNMENT DATA SHEETS 2 4 6 ROADWAY P&P SHEETS(SCALE:H 1"=50';V 1"=10') 4 8 18 104 40 172 INTERSECTION LAYOUT SHEET 1 1 2 8 4 18 MISCELLANOUES ROADWAY DETAIL SHEETS 1 2 4 4 4 15 DRIVEWAY DETAILS/TABLE 1 2 2 12 17 DESIGN CROSS SECTIONS PAGE 2 OF 7 Prime Provider-INFRATECH ENGINEERS INNOVATORS,LLC Fee Schedule City of Pearlan Project:FM 518 and Dixie Farm Road Intersections Improvements Method of Payment:Lump Sum DESIGN CROSS SECTION SHEETS(S 50'INTERVALS- 1 4 8 56 24 93 IDENTIFY AND REVIEW TxDOT STANDARD SHEETS1 2 2 5 HOURS SUB-TOTALS 13 0 24 42 225 90 0 394 CONTRACT RATE PER HOUR $215.00 $225.00 $145.00 $137.00 $98.00 $135.00 $75.00 TOTAL LABOR COSTS $2,795.00 $0.00 $3,480.00 $5,754.00 $22,050.00 $12,150.00 $0.00 $46229.00 PAGE 3 OF 7 Prime Provider:INFRATECH ENGINEERS INNOVATORS,LLC Fee Schedule City of Pearlan( Project:FM 518 and Dixie Farm Road Intersections Improvements Method of Payment:Lump Sum TASK DESCRIPTION PROJECT QUALITY PROJECT DESIGN EIT Sr.CADD ADMIN/ TOTAL MANAGER MANAGER ENGINEER ENGINEER Tech CLERICAL LABOR HRS. &COSTS ROADWAY DESIGN DRAINAGE COORDINATE WITH DRAINAGE SUBCONSULTANT 2 2 HOURS SUB-TOTALS 2 0 0 0 0 0 0 2 CONTRACT RATE PER HOUR $215.00 $225.00 $145.00 $137.00 $98.00 $135.00 $75.00 TOTAL LABOR COSTS $430.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $430.00 TASK DESCRIPTION PROJECT QUALITY PROJECT DESIGN EIT Sr.CADD ADMIN/ TOTAL MANAGER MANAGER ENGINEER ENGINEER Tech CLERICAL LABOR HRS. &COSTS ROADWAVDESIGN SIGNING$PAVEMENT MARKINGS AND SIGNALIZATION(PERMANENT) SIGNING&PAVEMENT MARKINGS LAYOUTS(SCALE:1"=100';2 PANELS/SHEET) 1 2 8 24 8 43 DETAIL1 1 2 8 4 16 STANDARD SHEETS 1 2 3 HOURS SUB-TOTALS 2 0 4 10 32 14 0 62 CONTRACT RATE PER HOUR $215.00 $225.00 $145.00 $137.00 $98.00 $135.00 $75.00 TOTAL LABOR COSTS $430.00 $0.00 $580.00 $1,370.00 $3,136.00 $1,890.00 $0.00 $7,406.00 SIGNALIZATION NOTES 1 2 4 7 CONDITION DIAGRAM1 2 2 4 8 17 LAYOUT1 4 6 40 30 83 DETAILS 1 1 2 16 8 28 STANDARDS1 4 5 HOURS SUB-TOTALS 4 0 8 14 80 54 0 140 CONTRACT RATE PER HOUR $215.00 $225.00 $145.00 $137.00 $98.00 $135.00 $75.00 TOTAL LABOR COSTS $860.00 $0.00 $1,160.00 $1,918.00 $5,880.00 $7,290.00 $0.00 $17,108.00 PAGE 4 OF 7 Prime Provider:INFRATECH ENGINEERS INNOVATORS,LLC Fee Schedule City of Pearlan Project:FM 518 and Dixie Farm Road Intersections Improvements Method of Payment:Lump Sum TASK DESCRIPTION PROJECT QUALITY PROJECT DESIGN EIT Sr.CADD ADMIN I TOTAL MANAGER MANAGER ENGINEER ENGINEER Tech CLERICAL LABOR HRS. &COSTS ROADWAY(DESION MISOELL`ANEOUS(ROADWAY) STORM WATER POLLUTION PREVENTION PLAN(SW3P) 1 1 2 12 8 24 COMPUTE AND TABULATE QUANTITIES(60%,90%,100%) ROADWAY QUANTITIES 1 1 2 16 6 26 SIGNING QUANTITIES 1 1 2 4 STRIPING/DELINEATION QUANTITIES 1 1 1 8 2 13 SIGNAL QUANTITIES 1 1 2 8 12 SW3P QUANTITIES 24 6 PREPARE CONSTRUCTION COST ESTIMATE 1 1 2 8 12 SPECIFICATIONS 44 8 8 24 CONSTRUCTABILITY REVIEW 0 0 SUBMITTAL PREPARATION/COMMENT RESPONSES PER(DRAFT&FINAL) 2 1 1 4 8 60%PS&E SUBMITTAL 2 1 1 4 8 90%PS&E SUBMITTAL 2 1 1 4 8 95%PS&E SUBMITTAL 2 - 1 1 4 8 18 0 13 24 82 20 0 157 CONTRACT RATE PER HOUR $215.00 $225.00 $145.00 $137.00 $98.00 $135.00 $75.00 TOTAL LABOR COSTS $3,870.00 $0.00 $1,885.00 $3,288.00 $8,036.00 $2,700.00 $0.00 $19,779.00 SUBTOTAL FINAL DESIGN PHASE $90,952.00 6 4 2 12 0 HOURS SUB-TOTALS 6 04 0 0 2 0 12 CONTRACT RATE PER HOUR $215.00 $225.00 $145.00 $137.00 $98.00 $135.00 $75.00 TOTAL LABOR COSTS $1,290.00 $0.00 $580.00 $0.00 $0.00 $270.00 $0.00 $2,140.00 SUBTOTAL $2,140.00 IteWIISSIMIl 8 8 4 20 0 HOURS SUB-TOTALS 8 08 0 0 4 0 20 CONTRACT RATE PER HOUR $215.00 - $225.00 $145.00 $137.00 $98.00 $135.00 $75.00 TOTAL LABOR COSTS $1,720.00 $0.00 $1,160.00 $0.00 $0.00 $540.00 $0.00 $3,420.00 SUBTOTAL $3,420.00 DESCRIPTION 101AL MH PRELIMINARY PHASE SERVICES 9 0 11 198 0 0 47 FIELD SURVEY 2 0 2 2 00 0 6 GEOTECHNICAL 1 0 1 1 0 0 0 3 PROJECT MANAGEMENT AND ADMINISTRATION 5e 0 8 8 00 24 96 PRELIMINARY DESIGN SERICES 11 0 18 31 64 0 0 124 FINAL DESIGN PHASE SERVICES 39 0 49 90 399 178 0 755 PAGE 5 OF 7 Prime Provider.INFRATECH ENGINEERS INNOVATORS,LLC Fee Schedule City of Pearlanc Project:FM 518 and Dixie Farm Road Intersections Improvements Method of Payment:Lump Sum BID PHASE SERVICES 6 0 16 0 0 2 0 24 CONSTRUCTION PHASE SERVICES 8 0 8 I 0 0 4 0 20 SUBTOTAL LABOR EXPENSES 124 0 105 151 471 180 24 1055 PAGE 6 OF 7 Prime Provider:INFRATECH ENGINEERS INNOVATORS,LLC Fee Schedule City of Pearianc Project:FM 518 and Dixie Farm Road Intersections Improvements Method of Payment:Lump Sum UNIT COST/UNIT TDLR Inspection A.Follow Ups LS $1,175.00 $1,175.00 Mileage mile $0.545 $76.30 Standard Postage etter $0.50 $4.00 Overnight Mail-letter size each _ $6.70 $6.70 Overnight Mall-oversized box each $24.70 _ - - - $24.70 Photocopies B/W(11"X 17') each $0.20 $500.00 Photocopies B/W(8 12'X 11') each _ $0.10 $50.00 Photocopies Color(11'X 17') each _ $1.25 _ $125.00 2' Photocopies Color(8 1X 11') each $0.75 $15.00 Plots(B/W on Bond) per sq.ft. $0.75 $75.00 Plots(Color on Bond) per sq.ft. $2.00 $200.00 Report Printing each _ $50.00 $100.00 Report Binding and tabbing each $5.00 $10.00 Reproduction of CD/DVD each $5.00 $60.00 CDs each $2.00 $20.00 SUBTOTAL DIRECT EXPENSES $2,441.70 SUBCONTRACTS: CONTRACT TOTAL $2,441.70 SUMMARY TOTAL COSTS $ 136,510.00 NON-SALARY(OTHER DIRECT EXPENSES) $ 2,441.70 FNI $ 49,950.00 See attached LANDTECH(SURVEY) $ 12,113.28 See attached GEOTEST(GEOTECH) $ 8,521.50 See attached GRAND TOTAL_ $209,536.48 PAGE 7 OF 7 l ! H !i I ` ( ' f f +'u! I I ' I I + 1 I ■" ' _ I 11111111111 .�L i' ' 1 `E E `rF ! ' 1 I r flAtile4; . i [ . '' l'Il ; it 11 Pi t, 6. , _t ._, „ Ui ,. ,. !. , g, i I �i F F E I 1L..t. y i i s F� i 1,1 ( ! 1 i r F 1 I ; I I PROJECT NO.: On Call Maintence 1 '' Reliable Signal OWNER: City of Pearland 4a Lighting Solutions. LIC LOCATION: On Call Maintence within i City of Pearland Limits P.O. Box 2757 Pearland,Texas 77588 COUNTY: Brazoria OFFICE: (281)997-1111 FAX(281)754-4381 BID DATE: 10/15/2018 Estimator: Enrique"Ricky"Del Cid ADDENDUMS: 00 ITEM [DESCRIPTION] = UNIT QTY UNIT BID EXTENSION Maintenance Rates Between 8 AM-5 PM 1 Bucket Truck with Foreman and Helper HR 4 $ 240.00 $ 960.00 2 Drill/Boom Truck w/Operator HR 4 $ 280.00 $ 1,120.00 3 Crash Cushion w/Operator HR 4 $ 150.00 $ 600.00 4 Flat Bed Truck,Trailer, Operator HR , 4 $ 125.00 $ 500.00 5 Flat Bed Truck,Trailer, Operator&Helper HR 4 $ 140.00 $ 560.00 6 Excavator HR 4 $ 40.00 $ 160.00 7 Air Compressor HR 4 $ 25.00 $ 100.00 Any material purchase will have a 25%Markup Maintenance Overtime Rates after 5 PM 1 Bucket Truck with Foreman and Helper HR 0 $ 360.00 $ - 2 Drill/Boom Truck w/Operator HR 0 $ 420.00 $ - 3 Crash Cushion w/Operator HR 0 $ 225.00 $ - 4 Flat Bed Truck,Trailer,Operator HR 0 $ 187.50 $ - 5 Flat Bed Truck,Trailer,Operator&Helper HR 0 $ 210.00 $ - 6 Excavator HR 0 $ 60.00 $ - 7 Air Compressor HR 0 $ 37.50 $ - Any material purchase will have a 25%Markup 1.)There will be a minimum of 4 HR charge per call. 2.)Services call will be determined on Reliable's current work load. Crews may not be available. _ . 2.)Quote will be good for 60 days.After 60 days,quote subject to possible price increases. Exception:Concrete sidewalks,wheelchair ramps, utility charges for raising power lines, Pavement Markings,sales tax, bonds. TOTAL BID AMOUNT $ 4,000.00 Page 1 of 1 Landtech,Inc. L NDTE H 2525 North Loop West,Suite 300 Houston,Texas 77008 T:713-861-7068;F:713-861-4131 TBPE Reg.No.F-1364 TBPLS Reg.No.1:3019100 September 10,2018 Mr. Zahidul Siddique, PhD, PE, PTOE Principal Engineer I nfraTech 11111 Wilcrest Green Drive,Suite 410 Houston,Texas 77042 Re: FM 518 and Dixie Farm Road Intersection Improvements Dear Mr.Siddique: It is my pleasure to submit the following proposal for providing professional surveying services for the above referenced project.The scope of work and associated fee are as follows: Topographic survey of FM 518 from the Walmart Driveway to Longwood Drive and Dixie Farm Road from Walmart Driveway to bridge south approach. Provide a plan view AutoCad Map of the field data. Right of way line will be shown per recorded information. A right of way survey is excluded. 3 Man Field Crew 20 hours x$198.00=$3,960.00 2 Man Field Crew 20 hours x$159.50= 3,190.00 Senior Survey Technician.............................. 20 hours x$109.50= 2,190.00 CADD Technician 24 hours x$101.00= 2,424.00 Project Manager(RPLS).. 2 hours x 5174.64= 349.28 $12,113.28 Thank you for the opportunity to submit this proposal. Sincerely, Paul Kwan, RPLS,President s:111SERS/RECEPT1C.Nt5,PROPOS.4L,'M 518 and Dixie Form Rood Intersection fmprorerne:,ts.docx Surveying I Planning i Engineering I Constuction Management GEOTEST ENGINEERING , INC. Geotechnical Engineers&Materials Testing 5600 Bintlitf Drive Houston.Texas 77036 Telephone:(713) 266-0588 Fax: (713)266-2977 Proposal No. 1140436999 July 27,2018 Mr. Zahidul Siddique,PhD, P.E.,PTOE Principal Engineer InfraTECH Engineers&Innovators,LLC 11111 Wilcrest Green Dr, Suite 410 Houston,Texas 77042 Reference: Geotechnical Investigation City of Pearland Intersection Improvement Project at FM 518 and Dixie Farm Road Intersection, Pearland,Texas Dear Mr. Siddique: As per your request on July 24, 2018, Geotest Engineering, Inc. (Geotest) is pleased to submit this proposal for providing geotechnical investigation for the proposed Intersection Improvement Project in the City of Pearland, Texas. The project includes new traffic signal installation with four mast arms, at the intersection of FM 518 and Dixie Farm Road in Pearland, Texas. Based on the information provided, we understand that roadway improvements are not included in the scope of this proposal for the project. Our Scope of services include concrete coring for boring access; drilling and intermittently sampling two (2) 25-foot soil borings at two diagonally spaced corners of the intersection; performing laboratory tests to develop geotechnical recommendations including foundation recommendations for the proposed traffic signal, groundwater control, and construction considerations. The completed report, which includes field, laboratory data, and geotechnical recommendations,will be submitted in about eight (8) weeks (including lane closure permit approval from TxDOT) after receiving the notice-to-proceed. The cost of drilling and sampling, performing minimum laboratory tests and preparing a geotechnical investigation report including the recommendation as outlined above will be a lump sum of$8,521.50. A cost breakdown is provided in Attachment No. 1. We appreciate the opportunity to propose on this project. If you have any questions, please call us. Please indicate your formal acceptance by signing one copy of this letter in the space below and return one original to us. Very truly yours, GEOTEST ENGINEERING,INC. �j•C . \ic Mohan Ballagere, P.E. Vice President MB\kmp\ego Copies Submitted: (1-PDF) Enclosure: Figure 1 —Proposed Plan of Borings Attachment No. 1 —Cost Breakdown PC38\Geotechnical\l 14043 6999.DOC ACCEPTED BY: PRINTED NAME: TITLE: DATE: ussn.*ussn* Proposal No. 1140438999 t' / *P ___.� Geotechnical Investigation Geotest Engineering,Inc. City of Pearland Intersection Improvement Project Proposal No. 1140436999 City of Pearland,Texas ATTACHMENT NO. 1 COST BREAKDOWN Ouantity Unit Unit Cost Amount Field Investigation Mob and Demob of Truck Mounted Drilling Rig 1 LS $340.00 $340.00 Drilling and Continuous Sampling(0'-20') 40.0 ft. $21.00 $840.00 Drilling and Intermittent Sampling(0'-50') 10.0 ft. $18.00 $180.00 Grouting of Completed Bore Holes 50.0 ft. $7.00 $350.00 Utility Clearence for Boring Locations and Field Coordination 6.0 hr. $65.00 $390.00 Concrete Coring(4"Dia up to 6"Thickness) 1.0 LS $270.00 $270.00 Vehicle Charge 6.0 hr. $10.00 $60.00 Traffic Control Cost(Major Streets Lane Closure on TxDOT FM 518) 1.5 day $1,245.00 $1,867.50 Subtotal $4,297.50 Laboratory Testing Liquid and Plastic Limits 5 ea. $60.00 $300.00 Moisture Content Only 17 ea. $9.00 $153.00 Percent passing the#200 sieve 3 ea. $46.00 $138.00 Sieve Analysis,through No.200 Sieve 2 ea. $55.00 $110.00 Unconsolidated Undrained Triaxial Tests 5 ea. $61.00 $305.00 Subtotal $1,006.00 Engineering Services Principal 1.00 hr. $210.00 $210.00 Sr.Engineer,P.E. 4.00 hr. $150.00 $600.00 Project Engineer,P.E. 8.00 hr. $105.00 $840.00 Staff Engineer 16.00 hr. $83.00 $1,328.00 Support Personnel,Word Processing 4.00 hr. $60.00 $240.00 Subtotal $3,218.00 Total $8,521.50 PC38\Geotechnical\Proposals\40436999_Cost\Cost Breakdown • A CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D10/4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les) must 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 CONTACT Higginbotham Insurance Agency, Inc. PHONE Patricia Winterrowd FAX PO Box 870 (A/C.No.Ext):361-561-4269 (A/c,Not:361-844-0101 Corpus Christi TX 78403 ADDRESS: certificates-sr@higginbotham.net INSURER(S)AFFORDING COVERAGE NAIC t INSURER A:Twin City Fire Insurance Company 29459 INSURED INFRA4 INSURER B:Admiral Insurance Company 24856 Infratech Engineers&Innovators, LLC 11111 Wilcrest Green Dr., Suite 410 INSURER C: Houston TX 77042 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:222498082 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (M /Y M/DDYYY) A X COMMERCIAL GENERAL LIABILITY 65SBM109784 9/5/2018 9/5/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) -$1,000,000 , MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 65SBMI09784 9/5/2018 9/5/2019 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) — _ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION 65WBCAA5TAI 9/5/2018 9/5/2019 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional Liability E000003840502 9/5/2018 9/5/2019 Each Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached U more space Is required) • See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Pearland 2559 Hillhouse AUTHORIZED PRESENTATIVE Pearland TX 77584 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: INFRA4 _ LOC#: • A ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Higginbotham Insurance Agency,Inc. Infratech Engineers&Innovators,LLC 11111 Wilcrest Green Dr.,Suite 410 POLICY NUMBER Houston TX 77042 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability policy provides automatic waiver of subrogation and additional insured status including a primary&non-contributory provision to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status per Form SS0008 04/05-Business Liability Coverage Form. Workers'Compensation policy includes a blanket automatic waiver of subrogation that provides this feature only when there is a written contract between the insured and certificate holder that requires it per Form WC420304B-Texas Waiver of Our Right to Recover from Others Endorsement. Project: Intersection Improvement-Dixie Farm Road and FM 518(Broadway) ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 171" BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your' refer to the Named Insured shown in the Declarations. The words "we°,'us°and"our" refer to the stock insurance company member of The Hartford providing this insurance. The word"insured'means any person or organization qualifying as such under Section C. -Who Is An insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - liability And Medical Expenses Definitions. A. COVERAGES (a) The "bodily injury" or "property 1. BUSINESS UABILITY COVERAGE (BODILY damage" is caused by an INJURY, PROPERTY DAMAGE, PERSONALoccurrence° that takes place in the AND ADVERTISING INJURY) coverage territory"; Insuring Agreement (b) The 'body injury° or "property aga. We will pay those sums that the insured per period; a occurs during the policy becomes legally obligated to pay as Prior and damages because of 'bodily injury", (c) to the policy period, no insured listed under Paragraph 1. of Section "property damage" or "personal and C. — Who Is An Insured and no advertising injury" to which this insurance "employee"authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" or claim,knew that the"bodily injury° seeking those damages. However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any 'suit' seeking damages for "bodily insured or authorized "employee" injury", 'property damage" or °personal and knew, prior to the policy period, that advertising injury" to which this insurance the "bodily injury' or 'property does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption °occurrence" or offense and settle any claim of such "bodily injury" or "property or"suit"that may result. But: damage" during or after the policy (1) The amount we will pay for damages Is period will be deemed to have been limited as described in Section D. - known prior to the policy period. Liability And Medical Expenses Limits (2) To °personal and advertising injury" Of Insurance;and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed In the "coverage territory' Insurance in the payment of judgments, during the policy period. settlements or medical expenses to which c. 'Bodily injury" or "property damage' will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any insured listed under Paragraph acts or services is covered unless 1.of Section expicilly provided for under Coverage C. — Who Is An Insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice b. This insurance applies: of an'occurrence°or claim: (1) To 'bodily injury" and "property (1) Reports all, or any part, of the 'bodily damage°only if: injury° or 'property damage" to us or any other insurer, Form SS 00 08 04 05 Page 1 of 24 ® 2005,The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the"bodily fault. These payments will not exceed the injury'or"property damage";or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of 'bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION- rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency " " ° medical technician or paramedic shall suit" we investigate or settle, or any suit against an insured we defend: be deemed to be caused by an "occurrence",but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability (b) You are not engaged in the Coverage for"bodily injury"applies. We business or occupation of providing do not have to furnish these bonds. such services. (3) The cost of appeal bonds or bonds to (2) For the purpose of determining the release attachments, but only for bond limits of Insurance for incidental medical amounts within the applicable limit of insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be Insured at our request to assist us in the considered one"occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES 'suit', including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury° caused by an the"suit". accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent;or applicable limit of insurance,we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the 'coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident;and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the dtigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The °suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that Is an"Insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage"and will (3) The obligation to defend, or the cost of not reduce the Limits Insurance. the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the Insured in indemnitee and to pay for attorneys' fees the same"insured contract"; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: Information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements;or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph(6)above,are no longer met us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This Insurance does not apply to: and the indemnitee;and a. Expected Or Intended Injury (6) The indemnitee: (1) °Bodily injury° or "property damage° (a) Agrees in writing to: expected or intended from the standpoint of the insured. This (I) Cooperate with us In the exclusion does not apply to "bodily investigation, settlement or injury" or "property damage" resulting defense of the"suit"; from the use of reasonable force to (ii) Immediately send us copies of protect persons or property;or any demands, notices, (2) "Personal and advertising injury' arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the "suit"; acquiescence of the insured with the (Iii) Notify any other Insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee;and b. Contractual Liability (iv) Cooperate with us with respect to coordinating other (1) °Bodily injury"or"property damage";or applicable insurance available (2) "Personal and advertising injury" to the indemnitee;and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (i) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit";and (a) "Bodily injury°, "properly damage"or (II) Conduct and control the "personal and advertising injury"that defense of the indemnitee in the insured would have in the such"suit". absence of the contract or agreement;or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or°property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business,or that Is an Insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee' as• a °property damage" occurs consequence of(1)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or"property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (1) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed in the same"insured contract",and (1) "Bodily injury", "property damage" or (i1) Such attorneys' fees and "personal and advertising injury° arising out of the actual, alleged or litigation expenses are for defensethreatened discharge, dispersal, of that party against a seepage, migration, release or escape civil or alternative dispute of"pollutants": resolution proceeding in which damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any c. Liquor Liability time owned or occupied by, or rented or loaned to any insured. 'Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (i) "Bodily injury"if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol;or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to relating to the sale, gift, distribution or heat water for personal use, by the buildings occupants or their use of alcoholic beverages. guests; This exclusion applies only if you are in the business of manufacturing, distributing, (11) "Bodily injury"for whichw" or "property selling, serving or furnishing alcoholic �9eyouumaayye bba beverages. held liable, if you are a contractor and the owner or d. Workers' Compensation And Similar lessee of such premises,site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Body injury"to: such premises, site or location (1) An 'employee" of the insured arising is not and never was owned or out of and in the course of: I by, or rented or loaned to, any insured, other (a) Employment by the insured;or than that additional insured;or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (Hi) "Bodily Injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (11) "Bodily injury" or 'property location which is or was at any damage° sustained within a time used by or for any insured or butlding and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time wih operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor,or as waste by or for: (ill) "Bodily injury" or °property (i) Any Insured;or damage° arising out of heat, (ii) Any person or organization for smoke fumes from a whom you may be legally hostile fire" , or responsible; (e) At or from any premises, site or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured's behalf are performing working directly or indirectly on any fnsured's behalf are operations if the operations are to test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, 'pollutants" are brought on or to or in any way respondto, or assess the premises, site or location in the effects of,°poll ts connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request demand,order or statutory (I) "Bodily injury° or "property or regulatory requirement that any damage" arising out of the insured or others test for, monffor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or 'pollutants";or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for °mobile equipment"or Its parts, damages because of testing for, if such fuels,lubricants or other monitoring, cleaning up,removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not appy if the effects of, 'pollutants". "bodily injury° or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage° that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the Intent that they be discharged, dispersed or Form SS 00 08 0405 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured, Use includes I. War operation and°loading or unloading". °Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war, employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the °bodily injury° or "propertyincluding action in hindering or damage" involved the ownership, defending against an actual or maintenance,use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents;or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by (1) A watercraft while ashore on premises governmental authority in hindering or defending against any of these. you own or rent; (2) A watercraft you do not own that is: j. Professional Services Less than 51 feet long; "Bodily injury", "property damage° or (a) and "personal and advertising Injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the"auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or fairing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury or "property damage° (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and Is hired,chartered or loaned treatment, advice or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such"bodily appearance or skin enhancement, hair jury' or "property damage", whether removal or replacement or personal the other insurance is primary, excess, grooming; contingent or on any other basis. h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of"mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured;or Page 6 of 24 Form SS 00 08 0405 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examaiation exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises,rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To (a) Body piercing (not including ear Premises Rented To You as described in Section D.-Limits Of Insurance. piercing); (b) Tattooing, including but not limited Paragraph (2) of this exclusion does not to the insertion of pigments Into or apply if the premises are 'your work" and were never occupied, rented or held for under the skin; and rental by you. (c) Similar services; Paragraphs(3)and(4)of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs(3)and(4)of this exclusion do Paragraphs(4)and(5)of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e.in Section A.-Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to"property damage°included in the "Property damage"to: "products-completed operations hazard". (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product' incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such °Property damage' to "your work" arising property for any reason, Including out of it or any part of it and included in the prevention of injury to a person or "products-completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon,if the"property damage"arises the damage arises was performed on your out of any part of those premises, behalf by a subcontractor. (3) Property loaned to you; n. Damage To impaired Property Or Property Not Physically Injured (4) Personal property in the care, custody or control of the insured; "Property damage" to "impaired property' (5) That particular part of real property on or property that has not been physically which you or any contractors or injured,arising out of: subcontractors working directly or (1) A defect deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product" operations, if the "property damage" or"your work";or arises out of those operations;or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because 'your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 134 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any toss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others;or (1) "Your product"; (c) An Internet search, access, (2) "Your work";or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement' for or Personal and advertising injury": linking to others on your web site, by • (1) Arising out of oral,written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, publishing or telecasting; the direction of the insured with knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first ewes, or over which the insured exercises control; publication took place before the beginning of the policy period; (10) Arising out of the unauthorized use of another's name or product in your e-mail (3) Arising out of a criminal act committed address, domain name or metatags, or by or at the direction of the insured; any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another's 'advertising idea" in your person's right of privacy created by "advertisement"; any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement"; (6) Arising out of the wrong description of (12) Arising out of: the price of goods,products or services; (a) An "advertisement" for others on your web site; (7) Arising out of any violation of any intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images;or `advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (i) Your web site;or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities;or persons or property which would not have occurred in whole or in (15) Arising out of discrimination or part but for the"asbestos hazard"; humiliation committed by or at the direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or others test for, monitor, clean up, q. Electronic Data remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an'asbestos hazard";or "electronic data". (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, "Bodily injury° or"personal and advertising monitoring, cleaning up, removing, injury"to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the (a) Refusal to employ that person; effects of an"asbestos hazard°. (b) Termination of that person's t. Violation Of Statutes That Govern E- employment;or Mails, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, °Bodily injury", °property damage", or reassignment, discipline, "personal and advertising injury' arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury°to the (2) The CAN-SPAM Act of 2003,including person at whom any of the any amendment of or addition to such employment-related practices described in Paragraphs(a), (b), or(c) law;or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c.through h. and k.through o. do a. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury*, "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the°asbestos hazard°. the owner. A separate Limit of insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page9of24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury": are also insureds, but only with respect to a. Any Insured their duties as trustees. To any insured,except"volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your "employees", other than either your'executive officers (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business, the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation 'volunteer workers'are insureds for. or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co'employee" while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while C. WHO IS AN INSURED performing duties related to the conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph(1)(a)above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds,but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or (b) above;or insured. Your members are also insureds, but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not In the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company,you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds,but only (2) "Property damage"to property: with respect to their liability as stockholders. (a) Owned,occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, In the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or °property damage" purpose by you, any of your that occurred; or "employees "volunteer workers", (2) "Personal and advertising injury" any partner or member(if you are a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee°or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment;or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with respect to liability arising out of the operation as a named Insured does not apply to injury or damage with respect to which an of the watercraft, and only if no other insurance of any kind is available to that insured under this insurance Is also an Person or organization for this liability. insured under another policy or would be an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft;or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, Joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an Insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier;and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit Issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement,or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (1) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such person or organization is included as an product; additional insured by an endorsement issued (9) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container,part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor;or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for Its own acts or omissions or those of "body injury" or "property damage" arising out of 'your products" which are distributed its employees or anyone else acting on its behalf. However,this or sold in the regular course of the vendors business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (1) The exceptions contained in "property damage" included within the Subparagraphs(d)or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The Insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, In connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage' for which the vendor Is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for"bodily In the product made intentionally injury , property damage or 'personal and advertising injury" by the vendor, caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional Insureds, this Subdivisions insurance does not apply to any n occurrenceplace after (1) Any state or political subdivision, but "occurrence" which takes only with respect to operations you cease to lease that equipment performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded Injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence° which takes (b) "Body injury" or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behatf of such person or respect to liability for "bodily Injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury"caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you;or (a) In connection with your premises; (c) In connection with "your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (I) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured;and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage° or coverage for "bodily injury" or "personal and advertising injury" 'property damage' included arising out of the rendering of or the ' within the "products- failure to render any professional completed operations hazard". services by or for you,including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional Insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, 'personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications;or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 0405 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications;or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits °property damage" and medical expenses Of Insurance. arising out of any one 'occurrence° is the How this Insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit Is the most we will pay under Business we will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; °property damage"to any one premises, while b. Claims made or"suits"brought;or rented to you,or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay far. In the case of damage by fire, lightning or explosion,the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown In the 6. How Limits Apply To Additional Insureds Declarations. b. Damages because of all other 'bodily The most we will pay on behalf of a person or injury", °property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your °locations° subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described In this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABIUTY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3.above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months,starting with the beginning of the policy period shown in the enforcementrsonor of any right that against any Declarations, unless the policy period is extended person organization may be after issuance for an additional period of less than 12 liableor mto g the insured because of injury months. In that case, the additional period wit be may damage lyo which this insurance deemed part of the last preceding period for purposes also apply. of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured wail, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense,Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an offense which may result in a claim. To written contract, written agreement or the extent possible,notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own Insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that Is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit" as soon as practicable. insured is a trust;or c. Assistance And Cooperation Of The (6) Any elected or appointed official,If you insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of T. Other Insurance Insurance required by that law. b. With respect to "mobile equipment" to If other valid and collectible insurance is which this insurance applies, we will available for a loss we cover under this Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b• $Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured;or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be Gable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned property damage to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you with permission of the owner, insurance applies: a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured;and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft,"autos"or watercraft to a claim is made or"suit"is brought. the extent not subject to Exclusion g. of 6. Representations Section A.—Coverages. (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy,you agree: if the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. representations you made to us;and Coverages. Page 16 of 24 Form SS 00 08 0405 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance;and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance;or insurance. (7) When You Add Others As An We will share the remaining loss,if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance Is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shams, we will insurance Is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance• enforce them. This condition does not Paragraphs(a)and (b)do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit"if any Including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit°. If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other Insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17of24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional insured-Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C.is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional insured- Designated Person Or but only with respect to liability for"bodily Organization injury", "property damage" or 'personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to °personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any °occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations;or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C.is 2. Additional insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organizations)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the Declarations. these additional insureds, the following b. With respect to the insurance afforded to additional exclusions apply: these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any "occurrence° that takes place This insurance does not apply to: after you cease to lease that land;or (1) Any °occurrence° which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises;or performed by or on behalf of such (2) Structural alterations, new person or organization. construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision—Permits person or organization. a. WHO IS AN INSURED under Section C.is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 OS BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, (1) "Bodilyin " roe damage' or except such operations performed jury "property at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality;or (2) "Bodily injury" or "property damage" (g) Products which, after distribution ar sale by you, have been labeled included in the "product-completed operations"hazard. or relabeled or used as a container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C.is the vendor,or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor)shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to 'bodily its employees or anyone else injury" or"property damage" arising out of acting on its behalf. However,this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (I) The exceptions contained In business and only if this Coverage Part Subparagraphs(d)or(f);or provides coverage for 'bodily injury" or (ii) Such inspections, "property damage" included within the "products-completed operations hazard". adjustments, tests or servicing ab. The insurance afforded to the vendor is make the vendor has agreedto or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is produce• obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement, whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products_ (b) Any express warranty 8. Additional Insured—Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you;or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other Insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured—Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for"bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sate of goods, and advertising injury"caused,in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional insured(s);or (5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods,products or services;or only If this Coverage Part provides c. Any other publication that is given coverage for "bodily Injury" or widespread public distribution. "property damage" included within the However,"advertisement"does not include: "products-completed operations a. The design, printed material, information hazard". or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising injury" arising out of the rendering of, or among persons through a computer network the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or falure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders,change orders,designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications;or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily injury"means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness;or the person(s) or Organization(s) shown in the c, Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above,mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory"means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in a.above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract" means: (1) Goods or products made or sold by you a. A contract for a lease of premises. in the territory described in a.above; However,that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a. person or organization for damage by fire, above, but Is away for a short time on lightning or explosion to premises while your business;or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D.—Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad; 7. "Electronic data" means Information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b. Created or used on;or e. An elevator maintenance agreement;or c. Transmitted to or from 1. That part of any other contract or computer software, Including systems and agreement pertaining to your business applications software, hard or floppy disks, (Including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for"bodily injury" or"property 8. "Employee" Includes a "leased worker". damage" to a third person or organization, 'Employee' does not include a "temporary provided the "bodily injury" or "property er' damage" Is caused, in whole or in part, by holdingyou or by those acting on your behalf. 9. "Executive officer" means a person Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for 'bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds,tunnel, a. It incorporates "your product" or"your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient,inadequate or dangerous;or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills;or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications;or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage;or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render professional services, including those f. Vehicles not described In a., b., c., or d. listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities. cargo. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment' but firm,to perform duties related to the conduct of will be considered"autos": your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a "temporary worker". gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for party: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing;or aircraft,watercraft or"auto"; (c) Street cleaning; b. While it is In or on an aircraft,watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or"auto" to the place where it is workers;and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not Include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. 15. "Mobile equipment" means any of the following 18. "Ocarrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury"means Injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest, detention or Imprisonment; next to premises you own or rent b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service,maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily Injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services; own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of "property damage"arising out of: privacy; (1) The transportation of property, unless f. Copying, in your "advertisement°, a the Injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned idea"or style of"advertisement"; or operated by you, and that condition g. Infringement of copyright,slogan,or title of was created by the °loading or any literary or artistic work, in your unloading" of that vehicle by any "advertisement";or insured; or h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 18. "Polutants" means any solid, liquid, gaseous or 20. "Property damage" means: thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor,soot,fumes, acids,alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed deemed to occur at the time of the 19. "Products-completed operations hazard"; physical injury that caused it;or a. Includes all °bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product"or"your work"except: "occurrence"that caused it. (1) Products that are still in your physical As used in this definition, "electronic data° is possession;or not tangible property. (2) Work that has not yet been completed 21. "Suit° means a civil proceeding in which or abandoned. However, "your work" damages because of `bodily injury°, "property will be deemed to be completed at the damage" or "personal and advertising injury° earliest of the following times: to which this Insurance applies are alleged. (a) When all of the work called for in "Suit"includes: your contract has been completed. a. An arbitration proceeding in which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent;or more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent organization other than another 22. 'Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your"employee"; Form SS 00 08 04 05 Page 23of24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work": 24. "Your product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf;and property, manufactured,sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired;and of"your work"; and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions. furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product";and Rage 24 of 24 Form SS 00 08 04 05 lir THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 65 WBC AA5TAI Endorsement Number: Effective Date: 09/05/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: INFRATECH ENGINEERS & INNOVATORS, LLC 11111 WILCREST GREEN DR STE 410 HOUSTON TX 77042 This endorsement applies only to the insurance provided respect to bodily injury arising out of the operations by the policy because Texas is shown in Item 3.A. of the described in the Schedule where you are required by a Information Page. written contract to obtain this waiver from us. We have the right to recover our payments from anyone This endorsement shall not operate directly or indirectly liable for an injury covered by this policy. We will not to benefit anyone not named in the Schedule. enforce our right against the person or organization The premium for this endorsement is shown in the named in the Schedule, but this waiver applies only with Schedule. Schedule 1. ( ) Special Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: Form WC 42 03 04 B Printed in U.S.A. Process Date: 07/27/18 Policy Expiration Date: 09/05/19