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R2019-169 2019-07-08 RESOLUTION NO. R2019-169 A Resolution of the City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to enter into a contract with Binkley & Barfield Consulting Engineers, in the amount of $199,807.00, for design services associated with the Piper Road Drainage Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and Binkley & Barfield Consulting Engineers, 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 with Binkley & Barfield Consulting Engineers for design services associated with the Piper Road Drainage Project. PASSED, APPROVED and ADOPTED this the 8th day of July, A.D., 2019. _ TOM REID MAYOR ATTEST: ''��nii►r`''N' C71ktQ/t uc�k MARIA RODRIGUEZ INTERIM CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit A Resolution No. R2019-169 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Binkley& Barfield, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Piper Road Drainage ("PROJECT"). (Project#DR1901) 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 7 D2.Revised 04/2019 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. The CONSULTANT shall agree to waive its Right to Subrogation. 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 7 D2 Revised 04/2019 SECTION II -PERIOD OF SERVICE This CONTRACT will be binding upon execution and end February 28, 2021. 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) $97,844.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Lump Sum): $80,197.00 3. Bid Phase Services (Hourly Not to Exceed) $5,738.00 4. Construction Phase Services (Hourly Not to Exceed) $16,028.00 5. Reimbursable Expenses (Not to Exceed) $0.00 6. Total: $199,807.00 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. D. CONSULTANT shall invoice for work performed during the preceding thirty day period("Billing Period"). The Billing Period shall run from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices in arrears. All invoices shall reflect most recent single Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period. E. For an agreed contract amount identified as "Lump Sum", Not to Exceed" and "Reimbursable"the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. Design 3 of 7 D2 Revised 04/2019 F. Allowable Reimbursable Expenses CONSULTANT shall identify and include in the proposal any anticipated Reimbursable Expenses, and shall itemize Reimbursable Expenses by work category. Reimbursable Expenses shall be invoiced AT COST without subsequent markup by the CONSULTANT. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per the allowable category. Allowable Reimbursable Expenses include: • Hard copy reproductions, copies and/or binding costs • Postage • Mileage, for travel from Consultant's local office (within a 25 mile radius) to meetings at the City or job-site. Mileage shall be charged at the current IRS rates. • Travel expenses, mileage from local office to State or federal regulatory agency office beyond 100 miles. • Lodging expenses,for destinations beyond 100 miles from the Consultant's local office AND when business hours exceed eight hours within one business day OR requires more than one eight hour day. F.2. Disallowed Expenses Disallowed Expenses include travel expenses for professional expertise traveling into the greater Houston area from Consultant offices outside of the greater Houston area. 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 4 of 7 D2 Revised 04/2019 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 1710 Seamist Drive,Houston, TX 77008. 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 5 of 7 D2 Revised 04/2019 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 instniment 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 - I Y I P r, ' AND, TEXAS DATE r e44-1 tat CON LTANT DATE bink l aelci '9astid A. ►-kav44. 1-61, OC •l ecU Ktre., Vice- gresLceAk Design 6 of 7 D2 Revised 04/2019 House Bill 89 Verification I, 12av td H74 < <- lac (Person name), the undersigned representative (hereaftereferred to as "Representative") of 61nldeti �- ?jav field 'LY C-. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 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,Mth 1sr. el, or with a person or entity doing business in Israel or in an Israeli-controller territ• f, but does not include an action made for ordinary business purposes. , � . SIGNATU 'O �� 'EPRESENTATIVE 2-1 SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of ,)U net , 20 r y�`v2p SLY F(r64,,%� 041\AduALI,.\i\cin0 • '9l6 Of�f o •: Notary Public �'I-}gyp' •.... •'ir''''' Ihsign 7 of 7 D2 Revised 04j2019 Binkley Barfield consulting engineers June 19, 2019 SENT VIA EMAIL TO: sjones@pearlandtx.gov Mr. Skipper Jones Assistant Director of Capital Projects Engineering & Capital Projects City of Pearland 3519 Liberty Drive Pearland, Texas 77581 RE: Proposal for Piper Road From FM 518 to Fite Road — Final Design Dear Skipper: Binkley & Barfield, Inc. (BBI) is pleased to present this proposal for professional engineering services in connection with the improvements to Piper Road to reduce flooding in this area. The length of the project is approximately 2,900 linear feet. This project is within the City of Pearland (the City) limits, therefore our design will be in accordance with City of Pearland standards. The overall scope of this project will include the following elements: • Production of a bid-ready submittal package including roadway and drainage improvements for the above-stated limits based on the recommended alternative in the approved Preliminary Engineering Letter Report dated December 4, 2018 submitted by BBI. The recommended improvements will include deepening and extending the east and west ditches including the addition of a 10-ft drainage easement on each side. Portions of the ditches will also be re-routed to relieve flooding near the FM 518 intersection. The project includes an asphalt overlay along with subgrade repair, where necessary, based upon visual cracking and pavement failure. • BBI's subconsultants will perform geotechnical, surveying and environmental services for the project. The detailed scope for each phase is as follows: Design Phase Services • Baseline Corporation will provide ROW retracement as well as the production of easement documents. • Attend a kick-off meeting to confirm and coordinate the requirements of the project. • Coordinate with the City, as required. Binkley&Barfield,Inc.I Registration No. F-257 • 1710 Seamist Drive-Houston,Texas 77008 • Tel:713.869.3433 I Fax:713.869.6702 • www.BinideyBarteld.com Binkle Mr. Skipper Jones ,7 June 19, 2019 Barfield Page 2 consulting engineers • Design of improvements will be in accordance with City standards, unless otherwise instructed. • Retrieve and review previous design work, public utility block maps, record drawings, LIDAR, record drawings, and previous reports. Coordinate with private utility companies as part of the data collection efforts. • Typical sections, general notes, estimates and quantity summaries, traffic control details, roadway details, and striping and signage details, as needed, will be included in the plan set. • 60% and 90% drawings, specifications, and cost estimates will be submitted to the City for review and comment. • Attend design progress meetings with the City as needed. • Submit bid-ready drawings to the City for bidding purposes. Bidding Phase Services • Attend Pre-bid Meeting. • Provide (5) copies of contract documents to the City for its use in executing the construction contract. • Provide Addendums for bidding. • Review bid evaluation. • Provide Engineer's Recommendation of Award. Basic Construction Phase Services • Attend a pre-construction conference conducted by the City. • Review construction shop drawings furnished by the Contractor for conformance with the design documents. • Review requests for information (RFI's) and change order requests furnished by the Contractor. • Attend bi-weekly construction progress meetings. These meetings will coincide with periodic site visits for BBI to observe construction progress. Any observed deviations from the contract documents will be reported to the City. • Attend substantial and final completion site visits. Binkle Mr. Skipper Jones ,7 Barfield June 19, 2019 Page 3 consulting engineers • Furnish the City with a set of"Record Drawings" in hardcopy and digital format. Sub Consultant Services • Baseline Corporation will perform the topographic and ROW survey to define existing topography, utilities, structures, etc. within the right-of-way in accordance with the attached fee proposal dated 6/7/2019. • Baseline Corporation will provide ROW retracement as well as the production of easement documents. • Geotest Engineering, Inc. will perform a geotechnical investigation including borings and providing a geotechnical report with recommendations for pavement and subgrade design. • Crouch Environmental Services, Inc. will perform environmental services consisting of a Desktop Environmental Constraints Memo in accordance with the attached fee proposal dated 5/16/2019. • Reimbursable expenses will be billed at direct cost. These include reproduction, deliveries, and mileage only. Exclusions All services not specifically listed herein are excluded from this proposal and our scope of work. Any scope items not specifically listed that the City would like to add can be performed based on a negotiated, lump sum fee. Schedule This Design will be completed within six (6) months from the issuance of a Notice-to-Proceed (NTP) to completion and approval of final plans, specs, and estimate (PS&E) deliverables as shown below. Design Phase 60% Submittal 3 Months 95% Submittal 2 Months Final Submittal for Bidding 1 Months Easement Acquisition 2 Months Bidding& Award Phase 2 Months *Construction Phase 6 Months Binkle Mr. Skipper Jones y June 19, 2019 Barfield Page 4 consulting engineers *This schedule is dependent on the acquisition of easement acquisition for the thirty-three (33) parent tract parcels. Fee Summary A summary of the proposal fee is as follows. Our manhour estimate in support of our proposed fee is attached. Fees shown as lump sum unless otherwise stated. PS&E $ 97,844 Topographic Survey & Survey Control $ 20,100 ROW Retracement & Easement Documents $ 47,600 Environmental $ 4,400 Geotechnical $ 8,097 Bidding Phase $ 5,738 Construction Phase Services $ 16,028 Total Project Fee $199,807 The total included above will not be exceeded without prior written authorization from the City. If you have any questions, or require further information, please call. We appreciate the opportunity to work with the City of Pearland and look forward to continuing this relationship. Sincerely, Binkley& Barfield, Inc. Consulting Engineers agrni4 .61064Pq- Tommy V. Cromer, P.E. Steve Albert, PE, CFM Senior Project Manager— Infrastructure Vice President— Infrastructure AN111128 lig N —-~ PROJECT LOCATION nra l ; VICINITY MAP:NTS •••iii M 0 �'•- R N ., .. .. .. , , i.,.._` I I . i t - @ PIPER ROAD PROJECT LOCATION 4 STRIP ' , (0.--:-!M.V ..''':' ' ,M rir ' tigiBinkley Barf ell 0 100 200 Z 400 PROJECT LOCATION MAP EXHIBIT 1 consultin ergineers Feet IIBASELINE BASELINE CORPORATION Professional Surveyors June 7, 2019 Mr. Tommy Cromer, PE Binkley & Barfield, Inc. 1710 Seamist Drive Houston, Texas 77008 Re: Revised Proposal for Professional Services Piper Road Surveying for Drainage Improvements City of Pearland, Brazoria County, Texas Dear Mr. Cromer, Baseline Corporation (Baseline) appreciates the opportunity to provide this revised proposal to Binkley & Barfield, Inc. (Client) for professional services in support of the engineering design of drainage improvements and proposed drainage easements along Piper Road in the City of Pearland, Brazoria County, Texas (Project). The Project is approximately 2,900 feet in length. The Project is bounded by FM 518 (West Broadway Avenue) on the north and Fite Road on the south (Project Limits). This proposal is based on conversations between Baseline and the Client and exhibits provided by the Client. Scope of Services: Baseline shall perform and provide the following tasks: Task 1 — Survey Control Establish horizontal and vertical control as required within and adjacent to the Project Limits. Horizontal control shall be based on the North American Datum of 1983 (NAD 83) CORS Adjustment — Texas Coordinate System, South Central Zone (surface datum). Vertical control shall be based on the North American Vertical Datum of 1988(NAVD 88)2001 Adjustment relative to the City of Pearland Survey Control. Horizontal and vertical survey control points shall be placed at a maximum of 1,000 feet apart and where needed to perform the work. Signed and sealed Survey Control Sheets shall be provided for inclusion in the Client's construction plans. Task 2 — Right-of-Way Retracement and Easement Documents Baseline shall perform the field and office work necessary to prepare surveys and metes and bounds descriptions for thirty-three (33) separate land parcels which will be utilized for proposed easement acquisitions as part of the Project. Baseline shall specifically perform and provide the following: • Locate and tie existing boundary corners along the Project for 33 parent tract parcels. Corners shall be tied relative to the survey control described in Task 1 above. • Re-establish 33 parent tract parcel boundaries along the Project and create individual land parcels for each required proposed easement. • Prepare surveys for each easement parcel in AutoCAD Civil 3D 2019 on 8.5"x11" sheets. • Prepare metes and bounds descriptions for each easement parcel in Microsoft Word on 8.5"x11" sheets. • Prepare Route Survey Map (ROW Map) for the easements on 22"x34" sheets (to be legible on 11"x17" size sheets). Baseline Corporation • 1750 Seamist Drive,Suite 160,Houston,Texas 77008 • Tel:713.869.0155 I Fax:713.869.1514 TBPLS Firm No.10030200• www.baselinesurveyors.net Task 3 — Topographic Surveying Perform a topographic and utility survey of the street and drainage ditches within the existing right-of-way of Piper Road and an additional 25 feet beyond the existing right-of-way lines (as feasible). The topographic survey shall also extend 100 feet east and west from Piper Road along FM 518 (West Broadway Avenue) and also along Fite Road. Services shall include obtaining elevations and locations of existing paving, improvements, driveways, natural ground, ditches, irregularities in the natural ground and other features within and adjacent to the site. Baseline shall contact "The Texas Excavation System" to have utilities flagged prior to beginning the survey. Utilities within and adjoining the site shall be located and tied based on visual evidence and provided plans and maps. The flow line elevations and pipe sizes shall be obtained on storm sewer lines, sanitary sewer lines and culverts. The top and flow line elevations will be obtained on inlets, manholes, and drainage structures. Features such as signs, pavement markings, fences, trees, landscaping and other existing features will be located and shown on the survey. Geotechnical borings will be tied if visually evident on the ground. Baseline will not be responsible for locating utilities which are not visible or that are not marked and flagged by utility agencies in response to the initial "The Texas Excavation System" notification at the time the field surveys are performed. Additional field visits after the surveys are complete will be performed as an additional service (see Additional Services below). Compensation: The Scope of Services above shall be completed for the following Lump Sum Fees: Task 1 — Survey Control $5,100.00 Task 2 — Right-of-Way Retracement and Easement Documents $47,600.00 Task 3 —Topographic Surveying $15,000.00 Total $67,700.00 Deliverables: Baseline shall provide the following to the Client: • Signed and sealed Survey Control Sheets • Right-of-Way Map • Signed and sealed surveys and descriptions for proposed easements • All parent tract deeds of record and other documents obtained from our research (abstracting). • AutoCAD Civil 3D 2019 topographic survey • Survey field notes and electronic files Schedule: The Scope of Services above shall be completed within approximately seventy-five (75) calendar days from the date of authorization of this proposal. Additional Services: Services not mentioned in the above Scope of Services can be completed on a "Time and Materials" basis in accordance with the attached Hourly Rate Sheet or a mutually agreed upon lump sum fee with prior approval from the Client. These services can include, but will not be limited to the following: 1. Surveying outside the project limits referenced herein. 2. Obtaining right of entry 3. Staking right-of-way lines or easement parcels. 4. Preparing more that 33 surveys and descriptions for the proposed easements. 2 5. Showing utilities or other information on the surveys,which are based on Record Drawings or As-built Drawings. Only utilities found or marked in the field will be shown on the completed surveys. 6. Re-marking survey control after the field surveys are complete. 7. Construction staking. Client Provided Services: 1. Record Drawings and As-built Drawings to aid field locating of visible utilities. 2. Exact location, configuration and size of proposed easements. 3. Right-of-entry for privately owned land requiring entry. 4. Any surveys, deeds or other available documentation that may aid Baseline in completing the Scope of Services herein. Authorization: If this proposal meets with your approval, please return to our office accompanied with a signed Inner Company Agreement (ICA). If you have any questions or concerns, please call or email. Sincerely, BASELINE CORPORATION Professional Surveyors Steven E. Williams, RPLS President 3 ABASE NE R ' H.A. HUE M BASELINE CORPORATION PROFESSIONAL SURVEYORS PROFESSIONAL SURVEYORS Professional Surveyors A BaseIlne Company A Baseline Company 2019 HOURLY RATE SCHEDULE FIELD PERSONNEL: 1 - Member Survey Crew $105.00 per hour 2 - Member Survey Crew $155.00 per hour 3 - Member Survey Crew $190.00 per hour OFFICE PERSONNEL: Principal (PE and/or RPLS) $200.00 per hour Sr. GIS Manager $190.00 per hour Sr. Project Manager (RPLS) $175.00 per hour Project Manager (RPLS) $150.00 per hour Project Surveyor $130.00 per hour Sr. Survey Technician $110.00 per hour Survey Technician $90.00 per hour Administrative Assistant $75.00 per hour EXPERT CONSULTANT and EXPERT WITNESS: Expert Witness and Testimony $250.00 per hour OTHER DIRECT/ INDIRECT EXPENSES Mileage Current Federal Rate Terrestrial Laser Scanner $80.00 per hour Boat with motor $160.00 per day All-Terrain Vehicle $120.00 per day Professional Abstractor/Deeds, Plats at cost plus 10% Outside Copies/Mailing/Deliveries/Materials at cost plus 10% Overnight Lodging (per night) $100.00 per person Meals (Overnight Stay only, per day) $46.00 per person Field personnel rates include standard surveying equipment and standard materials such as stakes, iron rods, flagging and paint. Mileage is not charged for Survey Field Crews unless specifically specified within agreements. Cost for Lodging is subject to change depending on the geographic location of the work. Reimbursable (Out-of-Pocket) Expenses are charges at cost, plus 10%. Baseline Corporation • 1750 Seamist Drive,Suite 160 • Houston,Texas 77008• Phone(713)869-0155 TBPLS Firm No. 10030200 •www.baselinesurveyors.net • CROUCH Ce, ENVIRONMENTAL •.y SERVICES, INC. May 16, 2019 Mr. Tommy V. Cromer, P.E. Senior Project Manager-Transportation Binkley& Barfield, Inc. 1710 Seamist Drive Houston, Texas 77008 RE: Environmental Consulting Services Piper Road from Fite Road to FM 518 City of Pearland, Brazoria County, Texas Dear Mr. Cromer: Thank you for allowing Crouch Environmental Services, Inc. (CESI) the privilege of submitting a proposal to Binkley& Barfield, Inc. (herein referred to as the "client") to provide environmental consulting services for an approximately 2,900-foot long linear roadway drainage study site in Brazoria County, Texas, herein referred to as the"Subject Property". SCOPE OF WORK Task 1. Desktop Environmental Constraints Memo CESI will prepare an Environmental Constraints Memo summarizing the findings of a desktop hazardous materials and wetland assessment. This memo is intended to identify potential environmental constraints that could have significant impacts on the project budget and/or schedule and to provide information for high-level planning purposes only. A. Hazardous Materials Desktop Assessment A hazardous materials desktop assessment will primarily be performed in accordance with the Environmental Protection Agency's (EPA) All Appropriate Inquiry (AAI) rules found in 40 CFR Part 312 and the American Society of Testing and Materials (ASTM) E1527-13 standards. A deviation from the ASTM E1527-13 will be the absence of a physical site survey. This will be represented as a data gap in the report. The hazardous materials desktop assessment will include the following: • Review of state and federal environmental databases for the Subject Property and surrounding properties • Review of reasonably available historic topographic maps, aerial photographs, Federal Emergency Management Agency(FEMA)floodplain maps, and other publicly available resource documents • Phone interviews with existing landowners, city officials, and/or other individuals who may have knowledge of current and historic activities on the Subject Property • Identification of any immediate risk to public health, safety, or the environment • Recommendation of the potential need for additional testing (such as a Phase II Environmental Site Assessment) to confirm and evaluate any potential contaminant • Identification of the presence or likely presence of a Recognized Environmental Condition (REC) that may trigger an environmental liability on, restrict the use of, or affect the marketability or value of the Subject Property Mr.Tommy Cromer Environmental Consulting Services Proposal Piper Road Drainage Study May 2019 B. Preliminary Wetlands Assessment, Desktop Review CESI will conduct a desktop review to determine if any potentially jurisdictional aquatic resources are present on the Subject Property. CESI will perform a review of publically available information including the following; • FEMA 100-year floodplain map • Historical United States Geological Survey(USGS)topographic maps • Natural Resources Conservation Service(NRCS)soils map • Historical aerial photographs • United States Fish and Wildlife Service(USFWS) National Wetlands Inventory(NWI) map • Light Detection and Ranging (LIDAR) map, if available for the Subject Property • USGS National Hydrography Dataset(NHD) map COST ESTIMATE The SCOPE OF WORK can be conducted for a Lump Sum Fee of $4,000.00. If additional services are required as a result of the findings of the assessment,these services will be performed under a separate proposal. DELIVERABLES CESI will provide an electronic copy of the all draft deliverables to the client. Following review and comment by the client, CESI will make any requested revisions to these documents. It is assumed that there will only be one round of review and that the review process will follow the attached CESI review protocol. Final deliverables will be provided to the client electronically(PDF). ASSUMPTIONS This proposal presents the normal elements of environmental work that are typically required to complete this type of project. No project task will be performed without the prior approval of the client, and only those costs associated with each task will be billed. CESI makes the following assumptions regarding this proposal: • CESI will be provided shapefiles and/or KMZ files of the Subject Property that are geo-referenced in a mutually agreeable electronic format. Microstation files cannot be utilized with available software. If this information is not available, an accurate site map depicting the boundaries of the Subject Property will be provided. • This Scope of Work does not include the following items; o Phase I ESA o Phase II ESA o Jurisdictional Delineation o Clean Water Act Permitting o T&E Species Habitat Assessment o Cultural Resources Survey Mr.Tommy Cromer Environmental Consulting Services Proposal Piper Road Drainage Study May 2019 SCHEDULE CESI can begin the work within one week of receipt of the Notice to Proceed. If you approve CESI to proceed with the services outlined in this proposal, please sign and return an executed copy of this entire document to CESI indicating which tasks are initially authorized. Additional signed proposals indicating additional authorized tasks can be submitted at a later date. Acceptance and signed approval of this proposal indicates acceptance of the attached General Terms and Conditions. Thank you for requesting a proposal from us to assist you with this project. Please call me at (713) 868-1043 or email me at ally@crouchenvironmental.com if you have any questions. We look forward to working with you on this project. Sincerely, Approved and Accepted by: /1(11,- -- Signature Ally Altemose, PWS Environmental Team Lead Printed Name Date Enclosures: Client-Provided Aerial Photograph with Subject Property 2019 Standard Billing Rate Schedule 2019 General Terms and Conditions 2019 The 10 Steps to Successful Work Product Preparation and Review �, � • r. , t r /�, �- PFS �r .. R IrtUJ�i�V;� j ei .. • t dr,q h •RI :4 , .II , ' IC ifinte‘ ' ... ..yili .. .. .. 4it ,. , , „..., _,i , . . f - A k .-10 ,44. ' '.1 .' . ' ,..-iii N.,:,. , , .,,, . ., ,...j, a �y� + t i .p "$ 11 11" 1 '�. rillK F � r 1 } , p • pv„° imp -2 -14.t,,,..- , ., .. . ..... „,., ,. ,g; - . 4,: ;,,,,,,,it y . n a.f ice'.. ,Y JI . • # x p, YS . . , , ' - , '''' . 1 1 ,it 4 4/1. rl - • _. E'er — — 0 ''' I' °C. 4 lyr. *4 */4 ..,- `ie•l'' lea obta "W ° , le i ' 1 I __- „3:, , .,. .,, * t yAIP k ti � 4:rk 4,,,, 10.4 , , rf..-1,0, . ♦ I � � � .r� .�. '11041:a 1 ''- � � _3 ' ke > ; 1111.0• ' ' '' '4.: ' ' ' ' • — 4 • 4 ",?, —i h C • �; . t.,.. ..0, ,.., ::, . ..„ . , Y�V 1 . . . . w.. r, , A.,:-, iitif,--*,-; a) . -g c ill • • i 1m'".., ' t R a yii .. - Y• ' �J 'C ♦ •• + I yr ,, ,w ,,1• k , d ♦ , t. n • _. r'.. a "Al40. . #40-4, . ,,r - ,..,1km- , ,fr. �' '� " qN m r { t:��'lJs i d# '1*. , t♦`* w A E ' 1.*. X :ems P, a 4 a ..„.............,.....,„ , , .,. r._ _...,., y1. 03406 ' ' .', Cop xight nearmap. ®. PIPER ROAD DRAINAGE STUDY Harris 45x` N , A 0 150 300 -on Feet 2017 AERIAL PHOTOGRAPH WITH ria SUBJECT PROPERTY 1 County c o ry CROUCH 0ENVIRONMENTAL Brazoria County,Texas � SERVICES,INC. t) CROUCH ENVIRONMENTAL SERVICES, INC. Standard Billing Rate Schedule Environmental Regulatory Compliance, Communications, and General Consulting Services: Title Hourly Rate* Senior Principal $225 Managing Principal/President $180 Senior Project Manager/Director of Environmental/Director of Communications $140 Project Manager $125 Senior Environmental Planner/Scientist $125 Environmental Planner/Scientist $105 Associate Environmental Planner/Scientist $85 Assistant Environmental Planner/Scientist $75 Senior Communications Specialist $125 Communications Specialist $105 Associate Communications Specialist $85 Assistant Communications Specialist $75 Senior GIS Specialist $105 GIS Specialist $85 *Delivery of expert testimony or depositions will be made at 150%normal rates. Direct Costs, Travel, and Equipment Item Unit Price Photo copies (Black and White 8.5x11 / 11x17) $0.15/$0.20/ea Photo copies (Color 8.5x11 / 11x17) $1.00/$1.50/ea Postage Standard Postage Rates Vehicle Mileage (or current IRS 2019 Standard Mileage Rates) $0.54.5/mile Equipment Boat and Motor(including trailer), plus direct fuel cost $1,400.00 /day ATV(including trailer) $200.00/day Digital Video Camera $125.00 /day Global Positioning System (Trimble GeoXT) $120.00/day Summary of Terms (see General Terms and Conditions for additional detailsi: Invoices are payable within 15 days of invoice date unless otherwise approved by CESI. Late payment is subject to a 2 percent per month administrative fee. We reserve the right to require a retainer at our discretion. Subcontractors, expenses, and other direct costs will be charged at actual cost plus a 10 percent administrative burden fee. Rates apply from January 1, 2019 through December 31, 2019 CLIENT CONTRACT GENERAL TERMS AND CONDITIONS DEFINITIONS: "CESI"shall mean Crouch Environmental Services,Inc.and"OWNER"shall mean the client named in the Agreement."Agreement"shall mean the authorizing document,such as the contract,purchase order,or approved CESI proposal,allowing CESI to proceed with services provided to OWNER. STANDARD OF CARE: The standard of care applicable to CESI's services will be the degree of skill and diligence normally employed by professionals or consultants performing the same or similar services as CESI provides to OWNER under the Agreement. ACCESS: The OWNER shall furnish all access to property and rights-of-way for the performance of CESI's services. ESTIMATES: Estimates of cost of construction,financing,acquisition of real or personal property or rights-of-way shall be made in accordance with generally accepted professional practices and procedures. However,CESI has no control over construction costs,competitive bidding and market conditions,nor costs of financing,acquisition of real or personal property or rights-of-way;and CESI does not guarantee the accuracy of such cost estimates as compared to actual cost or bids. CONSTRUCTION PHASE: CESI shall not be responsible during the construction phase for the construction means,methods,techniques,sequences or procedures of construction contractors,installers or suppliers,or the safety precautions and programs incident thereto. PAYMENT and FEES: Payments shall be made within fifteen(15)days by the OWNER to CESI based on invoices submitted by CESI. The OWNER shall make payment,in the event of a paid-when-paid contract,within five(5)days of OWNER receiving payment. The OWNER shall also pay CESI a late payment charge for any payments not made within fifteen(15)days of the date of applicable invoices at the rate of 2.0%per month.Subcontractors,expenses,and other direct costs will be charged at actual cost plus a 10%administrative burden fee. TIME OF PERFORMANCE: CESI shall commence work upon receipt of written notice to proceed from the OWNER and shall complete the work within the time period set forth in the Agreement,subject to any delays caused by the OWNER,other agencies involved in the work or any other parties or events not under the control of CESI. SUSPENSION OR TERMINATION: In the event the work is terminated or suspended by the OWNER prior to the completion of the Agreement,CESI shall be paid an equitable amount proportional to the services rendered and expenses incurred through the date of termination or suspension. LEGAL COST,PERMITS,FEES,ETC.: The OWNER shall furnish or compensate CESI for all legal services and opinions,and for permits,review fees,etc., necessary for the performance of the services to be rendered by CESI.CESI cannot and does not guarantee the schedule required for regulatory agency action,approvals,and permitting. Agency requests for additional information,analyses,and studies will require additional costs that would be borne by the Client. Permit requests may be denied,or offered in terms that may not meet Client expectations.CESI's fees are due and payable independent of the success or failure of environmental regulatory permit actions. CHANGES: The OWNER may,at any time prior to the completion of the services,direct,in writing,any changes to the services,including but not limited to the revision of the scope of services,time period,or schedule of performance.CESI shall perform such changes to the services as directed by the CLIENT in writing and shall be paid for such services at rates established by the Agreement,or as may be otherwise agreed between the OWNER and CESI.CESI will not be responsible for changes in regulations, codes, statutes, rules, or guidance governing the services provided by CESI that occur during or after the performance of services. INDEMNIFICATION: Except as stated below,CESI shall indemnify and save harmless the OWNER from claims,losses,lawsuits or expenses caused directly by CESI's sole negligent acts and errors or omissions in the performance of CESI's services hereunder. To the fullest extent permitted by law,with respect to claims, damages, losses and expenses which are related to hazardous materials or substances in the Project, including removal,disposal or cleanup or environmental liability,the OWNER shall indemnify,save harmless and defend CESI from and against all claims,damages,losses or expenses,including attorney's fees,arising out of or resulting from the performance of CESI's services,or claims against CESI arising from work of others or claims arising out of or related to the presence of hazardous materials or substances in the Project. LIMIT OF LIABILITY: To the fullest extent permitted by law,the OWNER agrees to limit CESI's liability to the OWNER and to all construction contractors or subcontractors on the project for any and all injuries,claims,losses,expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any cause or causes including but not limited to CESI's negligent acts, errors, omissions,strict liability, breach of contract, or breach of warranty,such that the total aggregate liability of CESI to all those named shall not exceed the total fee for CESI's services rendered in the project. Under no circumstances shall CESI be liable to the OWNER for any consequential damages,including but not limited to loss of use or rental,loss of profit or cost of any financing,however caused,including CESI's fault or negligence. COMPLIANCE WITH LAW: CESI shall comply with all applicable provisions of Federal,State and local laws or regulations relating to employment. SEVERABILITY: If,for any reason,any one or more of the provisions contained in this Agreement are held to be invalid, illegal or unenforceable in any respect,such invalidity,illegality or unenforceability shall not affect any other provision herein,and this Agreement shall be construed as if such invalid,illegal or unenforceable provision had not been contained herein. DEFENSE OF CLAIMS: In the event of a public hearing or arbitration or any other proceeding,formal or informal,relating in any way to the Project,OWNER agrees to compensate CESI for all costs incurred or related to such proceeding, including but not limited to that necessary for preparation, responding to requests by any party,appearance at depositions or trial,or any other matter involving any such hearing or proceeding. Compensation shall be based upon hourly rates mutually agreed to by the parties or,in the absence of agreed-to rates,then the pay provisions under MODIFICATIONS hereinabove shall apply. This provision does not apply to proceedings to which CESI is a party nor to cases where such services are part of the agreed scope of services. Valid Through 12/31/2019 The 10 Steps to Successful Work Product Preparation and Review CESI assumes that the Owner will comply with the following preparation and review procedure unless specified otherwise in the Agreement. Step 1. The author prepares the work product (documents, images, figures, etc.) according to the scope of work and the client's directions. The author then takes responsibility for reviewing his/her own work. Each professional is responsible for presenting work product in draft form that, as far as they know, is the final product. The overall goal is to have no comments from reviewers! Step 2 (Concurrent with Step 3). The author's internal QA/QC review team comprised of two staff reviewers and a principal (not the client) reviews the product and makes comments. This part of the process is iterative, and a detailed review checklist is extremely valuable during this cycle. Reviewer#1 reviews the work product, the author incorporates that reviewer's comments, and passes the work product to reviewer #2. Reviewer #2 reviews the work product and the author incorporates those changes. Finally, the author transmits the work product to a principal for high level review. High level review consists of answering: "What may be missing?", "Was the scope of work fulfilled?", "Is the work product quality (writing, figures, data collection, etc.) in alignment with the company's values?", "Is the product in alignment with the client's wishes and culture?", etc. Step 3. The author is responsible for incorporating all comments received by internal reviewers. If there is disagreement about a comment during the process, the author is responsible for resolving the conflict with all reviewers. During Steps 2 and 3, communication is vital. It is advisable to have a third person check each comment and make sure that all changes are incorporated into the work product after each internal review cycle. Step 4. Once all changes requested internally have been incorporated into the work product, thus making the work product "final" as far as the internal process is concerned, the work product is transmitted to the client for the first time. At this time, in the client's eyes, this is a "first draft" work product. The work product will be labeled "DRAFT" for the client's convenience. Step 5. The client reviews the work product. The client's responsibility is to provide ALL comments during this review period. If there are multiple reviewers within the client organization, the client project manager is responsible for consolidating all comments received, resolving any conflicts regarding the comments, and presenting to the author a consolidated list of requested changes. Step 6. The work product's original author responds to all of the client's comments. This may require changes in the work product or further discussion between the author and the client to resolve conflicts that would make the work product incorrect. The client's preferences and requested changes, as presented in Step 5, should be accepted by the author and incorporated 1 of 2 CROUCH ENVIRONMENTAL SERVICES,INC. into the work product as requested unless incorporating the comment would make it misleading or inaccurate. Again, communication is key here. Step 7. An internal reviewer (typically just one) checks the work product again to make sure all client changes have been incorporated and that the work product, as changed, is correct. Step 8. The author sends the revised work product to the client. This is called a "final draft" work product, and no new comments are provided to the author at this time. The client checks to make sure that requested changes have been made. There may be limited "comments on the comments" if re-writing has been required. However, there should be no new comments on the information previously presented. Step 9. The author incorporates any comments that have inadvertently been missed or misunderstood and issues a "Final" work product. Step 10. The "Final" work product is transmitted to the client, used in presentation materials, or otherwise accepted by both the author and the client. 2 of 2 CROUCH ENVIRONMENTAL SERVICES,INC. GEOTEST ENGINEERING, INC. Geotechnical t+tglneeas&Materials rem \ 5600 Biitiff Drive Houston,Texas 77036 Telephone;(713)266-0588 Fax:(713)266-2977 Proposal No. 1140453599 April 25,2019 Mr. Tommy V. Cromer, P.E. Senior Project Manager Binkley and Barfield, Inc. 1710 Seamist Drive Houston, Texas 77008 Re: Proposal for Geotechnical Investigation Piper Road Drainage Improvements Project City of Pearland, Texas Dear Mr. Cromer.: In accordance with your request on April 23, 2019, Geotest Engineering, Inc. is pleased to submit this proposal for the referenced project. The project includes drainage improvements along Piper Road in the City of Pearland, from FM 518 to Fite Road for approximately 2,900 linear feet (LF). Based on the provided information, we understand that there are major existing drainage issues along the project alignment, primarily caused by inadequate capacity of roadside ditches and culverts along Piper Road and along FM 518, and foundations of adjacent residences being lower than the existing drainage with no positive drainage to the ditches. The scope of the project includes deepening and extending the existing east and west ditches, to reroute storm water towards south. We understand that the regraded ditches call for a 10-foot drainage easement on either side of Pipe Road, and the remaining ditches will be widened. The project also includes upsizing damaged or undersized reinforced concrete box (RCB) culverts (if necessary), and mill and asphalt overlay over existing pavement. The maximum depth of the roadside ditch is approximately 3 feet below existing grade. Purpose and Scope The purposes of this investigation are to evaluate the soil and water level conditions along Piper Road to provide geotechnical recommendations for the proposed drainage Mr. Tommy V. Cromer, P.E. Proposal No. 1140453599 Page 2 April 25,2019 improvements. Based on the information provided to us on April 23, 2019, and our discussions on April 23, 2019, the scope of this study will consist of the following: • Calling Lonestar 811 and coordinating with utility locators to get areas for the proposed borings cleared. • Coring existing pavement along Piper Road to determine the existing pavement thickness and for boring access. • Drilling and sampling six (6) soil borings each to a depth of 10 feet along existing roadway and proposed ditch alignment along Piper Road. The proposed boring locations are presented on Plan of Borings, Figure 1. • Grouting all boreholes using non-shrink cement bentonite grout after completion of drilling and water level measurements. The use of cement bentonite grout will eliminate the potential problems and safety hazards associated with surface settlements that might occur if boreholes are backfilled with soil cuttings. • Performing appropriate laboratory tests on selected representative samples to develop the engineering properties of the soil. • Perform engineering analyses to develop geotechnical recommendations for ditch widening, groundwater control and pavement recommendations for mill and overlay. • Submit a geotechnical investigation report containing a plan showing the locations of the borings and recommendations as outlined above. Schedule and Fees We should be able to start the fieldwork within one (1) week after receiving your written authorization. It is estimated that the fieldwork will be completed in about two (2) days barring bad weather. The laboratory tests will be completed in about two (2) weeks. The complete geotechnical report, which will include field and laboratory data and geotechnical Mr. Tommy V. Cromer, P.E. Proposal No. 1140453599 Page 3 April 25,2019 recommendations, will be submitted in about six (6) weeks after receiving your notice to proceed. Based on the scope of work outlined above, the cost of the field investigation, laboratory testing, engineering analyses and geotechnical report will be lump sum amount of $7,361.00. The cost breakdown given in Attachment No. 1 is for additional information only. The invoices will be billed on Lump Sum basis based on percent completion. This cost is based on the assumption that the site is accessible to a truck mounted drilling rig and no site clearance will be required. We appreciate the opportunity to submit this proposal. Formal authorization is required for our services. This may be provided by signing in the space provided below and returning one copy for our files. Sincerely, GEOTEST ENGINEERING, INC. 0 , ' . 40.0 Krishna M. Pradeep Graduate Engineer Mohan Ballagere, P.E. Vice President NK\kmp\ego Copies Submitted: (1-PDF) Enclosure: Figure 1-Proposed Plan of Borings Attachment No. 1 —Cost Breakdown PC38\Geotechnical\Proposals\40453599.DOC ACCEPTED BY: PRINTED NAME: TITLE: DATE: Geotechnical Investigation Proposal No. 1140453599 Pipe Road Drainage Improvements City of Pearland, Texas Attachment No. 1 COST BREAKDOWN QUANTITY UNIT RATE COST Engineering Services Sr Engineer 2 hrs. $150.00 $300.00 Project Engineer 4 hrs. $105.00 $420.00 Graduate Staff Engineer 20 hrs. $83.00 $1,660.00 Support Personnel (Drafting, Word Processing) 4 hrs. $60.00 $240.00 Subtotal $2,620.00 Direct Expenses Subsurface Field Investigation Mobilization/Demobilization of Truck Mounted Drill Rig and Crew 1 ea. $340.00 $340.00 Drilling and Continuous Sampling, Truck Mounted Rig,from 0 to 20 feet 60 ft. $21.00 $1,260.00 Grouting of Completed Bore Holes 60 ft. $7.00 $420.00 Utility Clearance, Marking Borings, Drilling and Field Coordination 8 hrs. $65.00 $520.00 Asphalt Coring (4" Diameter and upto 6"Thickness) 3 ea. $80.00 $240.00 Additional thickness(over 6"Thickness) 9 in. $7.00 $63.00 Vehicle Charge (field coordination) 8 hrs. $10.00 $80.00 Traffic Control Cost 1 day $600.00 $600.00 Subtotal $3,523.00 Laboratory Tests Liquid and Plastic Limits 6 ea. $60.00 $360.00 Moisture Content 24 ea. $9.00 $216.00 Percent Passing No. 200 Sieve 6 ea. $46.00 $276.00 Unconsolidated-Undrained Triaxial Compressive Strength, per Specimen or Stage 6 ea. $61.00 $366.00 Subtotal $1,218.00 Total $7,361.00 pc38:\geotech n ica I\Proposals\40453599.xl s\Cost ATTACHMENT "B" PROJECT PROFESSIONAL SERVICES FOR PIPER ROAD FROM FM 518 TO FITE ROAD 2,900 LF CLASSIFICATION LABOR Prin- Proj Grad Sr TOTAL NO. HOURS TOTAL TASK cipal PM Eng Eng CADD CADD Clerical TASK OF PER COST $250 $194 $163 $105 $135 $100 $80 HOURS SHTS SHEET DESIGN PHASE General < Per Sheet Listed Beloiw > Cover Sheet and Index 1 6 1 8 16 1 16 $ 1,759 Construction Notes 1 8 2 4 15 1 15 $ 1,704 SUBTOTAL 0 2 0 14 3 12 0 31 2 31 $3,463 Roadway < Per Sheet Listed Beloiw > Project Layouts (1"=40') 2 6 2 6 16 1 16 $ 1,888 Typical Sections 2 8 2 4 32 2 16 $ 3,796 Plan & Profile Sheets (1"=20') 2 8 2 4 96 6 16 $ 11,388 Driveway Schedule 2 8 2 4 16 1 16 $ 1,898 Driveway Details 1 2 1 4 8 1 8 $ 939 Pavement Details 1 2 1 4 8 1 8 $ 939 Water Details 1 2 1 4 8 1 8 $ 939 Sanitary Details 1 2 1 4 8 1 8 $ 939 Earthwork Quantities Table 8 12 4 8 32 1 32 $ 4,152 Roadway Cross Sections 2 4 2 4 72 6 12 $ 8,868 Removal Plans (1"=40') 2 8 2 4 32 2 16 $ 3,796 SUBTOTAL 0 24 0 62 20 50 0 328 23 $39,542 Drainage Area Maps 8 12 2 10 64 2 32 $ 8,164 Drainage Area Calculations 8 9 1 8 52 2 26 $ 6,864 Miscellaneous Drainage Details 2 4 2 4 24 2 12 $ 2,956 Storm Sewer Details 2 4 1 3 20 2 10 $ 2,486 SUBTOTAL 0 20 0 29 6 25 0 160 8 $20,470 Traffic Control Plans (TCP) < Per Sheet Listed Beloiw > Advance Warning Signs 2 4 2 4 24 2 12 $ 2,956 Detour Plan 2 4 2 4 24 2 12 $ 2,956 TCP Layout Sheets (1"=40') 2 4 2 4 72 6 12 $ 8,868 SUBTOTAL 0 6 0 12 6 12 0 120 10 $14,780 Signing &Pavement Markings < Per Sheet Listed Beloiw > Signing & Pay. Mrkg Layouts (1"=40') 2 4 2 8 32 2 16 $ 3,756 Pavement Marking Details 1 2 1 8 12 1 12 $ 1,339 SUBTOTAL 0 3 0 6 3 16 0 44 3 $5,095 SWPPP < Per Sheet Listed Beloiw > SWPPP Plan Sheets (1"=40') 4 4 2 6 32 2 16 $ 4,132 SWPPP Details 2 4 4 10 1 10 $ 1,208 SUBTOTAL 0 6 0 8 2 10 0 42 3 $5,340 Coordination and QA/QC < Per Task Listed Beloiw > City Coordination 8 8 NA $ 1,552 Utility Coordination 8 12 6 26 NA $ 3,622 QA/QC 20 20 NA $ 3,880 SUBTOTAL 0 36 0 12 6 0 0 54 $9,054 G`-I60000163_Paeriand_P per RC•PSI IR\L00_A-cn•in\.1.0 2_Contracts\P-epode\2G i90418_Final Design Proposal\2 0190619 Pipe r RC:i OE_Paariar,ui 1 Direct Expenses < Per Task Listed Beloiw > Mileage for Site Visits NA $ 100 Reproduction/Deliveries NA $ - SUBTOTAL $100 _Subtotals- BBI Design Worlk 779 $ 97,844 Sub Consultants Survey w/33 Ease. Parcels (0% Markup) See Attachment(Baseline) $ 67,700 Environmental (10% Markup) See Attachment(Crouch) $ 4,400 Geotechnical ( 10% Markup) See Attachment(Geotest) $ 8,097 SUBTOTAL $80,197 TOTAL DESIGN PHASE FEE 0 0 0 0 0 0 0 $178,041 BIDDING AND AWARD PHASE Bid Form 1 4 4 9 NA $ 934 Project Manual 8 12 20 NA $ 2,512 Bid Phase Services 8 4 4 16 NA $ 2,292 TOTAL BIDDING/AWARD FEE 0 17 0 8 0 0 20 45 $5,738 CONSTRUCTION PHASE SERVICES Pre-Construction Meeting 4 4 8 NA $ 1,096 Respond to RFIs/Change Orders 8 12 20 NA $ 2,812 Review Submittals 4 16 20 NA $ 2,456 Bi-Weekly Site Visits/Progress Mtgs 24 24 NA $ 4,656 Substantial & Final Walk Throughs 8 8 NA $ 1,552 Record Drawings 4 8 12 24 NA $ 3,056 Mileage for Construction Visits 0 NA $ 400 TOTAL CONSTRUCTION PHASE 0 52 0 28 8 12 4 104 $16,028 SERVICES FEE TOTAL OF ALL COSTS 928 $199,807 G•t160000163_Paz;ri;ar;d_P per RO PHI IRO.00_Ac:rrin\1.02_Cnntr,air:ts\P-oposals\201904i6_Final Design Proposal'\20190619_P'per:RC•i O"lk_Pssriar d 2 ACE D DATE(MM/DD/YYYY) 6(MMCERTIFICATE OF LIABILITY INSURANCE /2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Marsh Wortham, CONTNAME:ACT Marsh Wortham,a division of Marsh USA, Inc a division of Marsh USA, Inc PHONE 713-526-3366 (iuc,Nor 7135211951 PO Box 1388 E-MAIL,Ext):E-MAIL Houston, TX 77251-1388 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# www.worthaminsurance.com INSURER A: Endurance American Specialty Insurance Co. 41718 INSURED INSURER B: Binkley & Barfield, Inc. 1710 Seamist Drive INSURERC: Houston TX 77008 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 49515038 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. INSRLTRADDL TYPE OF INSURANCE INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY ^ AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability DPL10007756303 9/11/2018 9/11/2019 $1,000,000 Each Claim $1,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project#DR1901-Piper Road Drainage CERTIFICATE HOLDER CANCELLATION Cityof Pearland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3519 Liberty Drive ACCORDANCE WITH THE POLICY PROVISIONS. Pearland TX 77581 AUTHORIZED REPRESENTATIVE Marsh Wortham,a division of Marsh USA, Inc. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Anel amnia ,m1711,.1..1 CIAO I 10/10 .1m n,., e1...,,,/C1I T.,14 n..a, I C/ c/ n10 9.9d.9n DV Err/TI I 1 ..c 'a THIS ENDORSEMENT AMENDS THE POLICY. PLEASE READ IT CAREFULLY. GENERAL CHANGE ENDORSEMENT (Amend Section X. CONDITIONS—SUBROGATION (CONTRACTUAL WAIVER)) It is agreed that: Section X, Conditions, Paragraph A is amended by adding the following: • Notwithstanding the foregoing, if the Insured enters into a written contract to waive its rights of recovery against another party to the contract, and such waiver reduces or eliminates the Insurer's subrogation rights under this Policy, such waiver shall not constitute a violation of this section, provided that such contract was entered into by the Insured and effective prior to the commission of any Wrongful Act that would otherwise give rise to the Insurer's subrogation right. All other terms and conditions remain unchanged. Endurance American Specialty Insurance Company PL 1001 0107 Page 1 of 1 4951501A 110RTNKT.RAR 11A/19 OT Eb0 S1Moa/S1Maa I Julia Rodriguez 1 6/25/2019 2:24:20 PM (CDT) I Paae 2 of 3 ENDORSEMENT Named Insured: «Named Insured» Policy Number: «Policy Number>> Endorsement Endorsement Effective Date: «Date» Number: «Endt.No» 12:01 AM Standard Time at the address of the Named Insured as shown in the Declarations. GENERAL CHANGE MANUSCRIPT (Notice of Cancellation to Third Parties) It is agreed that: I. Subsection X.G. Cancellation is amended by the addition of the following: Notice of Cancellation to Third Parties 1. If this Policy is cancelled by the Insurer for any reason other than non-payment of premium, then the Insurer shall endeavor to give to the Specified Third Parties identified on the then current list of Specified Third Parties maintained by the Insured or the Insured's representatives written notice of such cancellation not less than thirty (30) days prior to the effective date of cancellation. Failure by the Insurer to provide such notice to the Specified Third Parties shall not: (i) delay the effective date of cancellation; or (ii) impose liability of any kind upon the Insurer or its agents or representatives. 2. If this Policy is cancelled by the Insured, then the Insurer shall endeavor to give to the Specified Third Parties identified on the then current list of Specified Third Parties maintained by the Insured or the Insured's representatives written notice of such cancellation as soon as practicable after the Insurer receives notice of cancellation from the Insured. Failure by the Insurer to provide such notice to the Specified Third Parties shall not: (i) delay the effective date of cancellation; or (ii) impose liability of any kind upon the Insurer or its agents or representatives. II. Solely for purposes of this Endorsement, Specified Third Parties means any customers or clients of the Insured that the Insured is required by a written contract with such customer or client, to add to this Policy as a party to whom the Insurer will notify in the event that this Policy is cancelled. «electronic signature>> Authorized Representative This endorsement does not change any other provision of the Policy. The title and any headings in this endorsement are solely for convenience and do not affect its meaning. Date of Issuance:«Issuance Date» Policy Form:AEC 0232 0614 «Endurance Insurer» Page 1 of 1 Endorsement Form: IL 1001 0712 A`oRIDATE(MM/DD/YYYY) 6(MM® CERTIFICATE OF LIABILITY INSURANCE 6/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must 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 Marsh Wortham, CONTNAME: Marsh Marsh Wortham,a division of Marsh USA, Inc a division of Marsh USA, Inc PHONE FAX PO BOX 1388 EMAIL 713-526-3366 Ext): 713-526-3366 (A/C,No): 713-521-1951 Houston, TX 77251-1388 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# www.worthaminsurance.com INSURER A: Hartford Fire Insurance Company 19.682_ INSURED INSURER B: i 1710 y&Seamist Barfield, Inc. INSURER C: Property and Casualty Ins Co of Hartford 34690 Drive Houston TX 77008 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 49461000 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE NSD WVD POLICY NUMBER /YLIMITS (MM/DDYYY) {MM/DD/YYYY) A j COMMERCIAL GENERAL LIABILITY 61 UUNHF7407 3/20/2019 3/20/2020 EACH OCCURRENCE $1,000,000 DAMAGE RETED CLAIMS-MADE / OCCUR PREM SESO(Ea occurrence) $300,000 MED EXP(Any one person) $1 0,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ✓ jE LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 61 UUNHF7407 3/20/2019 3/20/2020 COMBINED tSINGLE LIMIT $1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION 61WBAB2VUC 3/20/2019 3/20/2020 ,/ STATUTE EORH AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y N ! E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N 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 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Project#DR1901-Piper Road Drainage Also included as certificate holder:The City,its officers,agents and employees. Additional insured status and waiver of subrogation afforded to certificate holder per attached endorsements. CERTIFICATE HOLDER CANCELLATION Cityof Pearland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3519 Liberty.Drive ACCORDANCE WITH THE POLICY PROVISIONS. Pearland T77581 AUTHORIZED REPRESENTATIVE 14*7s — Marsh Wortham,a division of Marsh USA, Inc. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD nonarnnn , rnnruv.nao I .oioniio_on nn C n=ooi;n. racnnr.mv MACTCR I n.,..o1. a.r7n I Fi9ai9n10 1I•an•ae AM /MITI I carte 1 nt �n 61UUNHF7407 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. - WHO IS AN INSURED - of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an "insured" under any other automobile (1) The agreement requires you to policy or would be an "insured" under provide direct primary insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The "auto" is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered "auto." Paragraph A.1. -WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 49461000 110BINKLBAR I *3/20/19-20 BB & Baseline CASUALTY MASTER I Angela Garza 16/24/2019 11:40:48 AM (CDT) I Page 2 of 30 61 UUNHF7407 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this insurance is primary and we will not (b) The Limits of Insurance shown in seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss If you have agreed in a written contract We will share the remaining loss, if any, by the method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 a04F1nnn I InAT WlPAP I , 9n/i<1-7n PP c Aacalinc CASrTAr.Tv MASTER I Am-rola liar^.a I A/94/9019 11:40.48 AM (CDT) I Paae 3 of 30 61 UUNHF7407 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos" you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended warranties, credit life Insurance, health, accident The most we will pay for "loss" to any hired or disability insurance purchased with the loan or "auto" is: lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to "loss" caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions, we will provide coverage EXCLUSIONS - of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered "auto" you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered "auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2) above; or ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 AQAF1000 i Tna.rr.TUT Pno I *1/00/lQ-2/l pp c Raeelinp CACITAT.TV MACTFR I Anrtala liar^.a I 6/24/2014 11:4(1:4R AM (CDT) I Pace 4 of 30 61 UUNHF7407 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same "accident", the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for "loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment (other than equipment designed solely for the reproduction of sound, and The requirement in LOSS CONDITIONS 2.a. - accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT,CLAIM, that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV - BUSINESS audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of"loss", is: an "accident" applies only when the "accident" is known to: (1) Permanently installed in or upon the covered "auto" in a housing, (1) You, if you are an individual; opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or such equipment; (4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment; or (3)An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO - COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A. - COVERAGE -of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's" responsibility to pay damages for "auto"to you. "bodily injury' or "property damage" is determined in a "suit," the "suit" is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.- DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. -DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 n on crnnn I tnPrrrur Aan i +A/An/t Q..An nP c Geael;nu C Cttni TV MnnTP.P annola f: rI F/Jd/7n1Q tt do dA aM ICIJPJ I Pane 5 nF in 61 UUNHF7407 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss" is $10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric CONDITIONS - CANCELLATION - applies motors to move the auto, or the internal except as follows: combustion engine to charge one or more electric motors, which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto" for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto" at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.lf the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the "non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 AQAtil Ann 11nATA1KT.Ann I +2/7n/1Q-7n 1414 c. An Aolinc CACIIAT.TV MACTFR I Anmola (Aar-a I (1/74/701(1 11 4n4R AM IC71T1 I Pana A of 7n THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number:6lwBAB2vuC Endorsement Number: Effective Date:03/20/2019 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Binkley&Barfield, Inc. 1710 Seamist Drive Houston TX 77008 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: Policy Expiration Dateo3i2o/2020 noncrnnn i rnnrnrurnan i * /onn o_,n nn fracnarmv .aacmvo n.,,.vi, r_,. C/9n/9M0 rr-nn.aa nu /rnm, an 61 UUNHF7407 61 XHUHF5889 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional days of the cancellation effective date to the Conditions: certificate holder(s) with mailing addresses on file A. If this policy is cancelled by the Company, other with the agent of record or the Company. than for nonpayment of premium, notice of such If notice is mailed, proof of mailing to the last known cancellation will be provided at least thirty (30) mailing address of the certificate holder(s) on file with days in advance of the cancellation effective date the agent of record or the Company will be sufficient to the certificate holder(s) with mailing addresses proof of notice. on file with the agent of record or the Company. Any notification rights provided by this endorsement B. If this policy is cancelled by the Company for apply only to active certificate holder(s) who were nonpayment of premium, or by the insured, notice issued a certificate of insurance applicable to this of such cancellation will be provided within (10) policy's term. Form IH 03 07 06 11 Page 1 of 1 © 2011, The Hartford eoeclnnn I lnnrMvrRAR I +.4/9n/10_',n nn c Rmaol:no rLCDAtTV MACTPR I Annola (ar,a I A./24/2C19 11.40.4A AM MITI I Pace A of 30 61 WBAB2VUC • . F THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. Number of days advance notice: 30 2. Notice will be mailed to: City of Pearland 3519 Liberty Drive Pearland TX 77581 Countersigned by gekt4. 7041114414 & Sea, Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: Policy Expiration Date:03/2oi2020 acidflnnn 11nR1NFT.RAR i +1/2n/lci-2n RR < Raaclinc CACr1AT.TV MASTER I Anacla (;arca I A/94/2019 11.40.4A AM (CDT) I Paae 9 of 30 61 UUNHF7407 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (1) The "bodily injury" or"property damage" is Read the entire policy carefully to determine rights, caused by an "occurrence" that takes duties and what is and is not covered. place in the "coverage territory"; Throughout this policy the words "you" and "your" (2) The "bodily injury" or "property damage" refer to the Named Insured shown in the occurs during the policy period; and Declarations, and any other person or organization (3) Prior to the policy period, no insured listed qualifying as a Named Insured under this policy. The under Paragraph 1. of Section II - Who Is words "we", "us" and "our" refer to the stock An Insured and no "employee" authorized insurance company member of The Hartford by you to give or receive notice of an providing this insurance. "occurrence" or claim, knew that the The word "insured" means any person or "bodily injury" or "property damage" had organization qualifying as such under Section II - occurred, in whole or in part. If such a Who Is An Insured. listed insured or authorized "employee" Other words and phrases that appear in quotation knew, prior to the policy period, that the marks have special meaning. Refer to Section V - "bodily injury" or "property damage" Definitions. occurred, then any continuation, change SECTION I - COVERAGES or resumption of such "bodily injury" or "property damage" during or after the COVERAGE A BODILY INJURY AND PROPERTY policy period will be deemed to have been DAMAGE LIABILITY known prior to the policy period. 1. Insuring Agreement c. "Bodily injury" or "property damage" will be a. We will pay those sums that the insured deemed to have been known to have becomes legally obligated to pay as damages occurred at the earliest time when any because of "bodily injury" or "property insured listed under Paragraph 1. of Section II damage" to which this insurance applies. We - Who Is An Insured or any "employee" will have the right and duty to defend the authorized by you to give or receive notice of insured against any "suit" seeking those an "occurrence" or claim: damages. However, we will have no duty to (1) Reports all, or any part, of the "bodily defend the insured against any "suit" seeking injury" or "property damage" to us or any damages for "bodily injury" or "property other insurer; damage" to which this insurance does not (2) Receives a written or verbal demand or apply. We may, at our discretion, investigate claim for damages because of the "bodily any"occurrence" and settle any claim or"suit" injury" or"property damage"; or that may result. But: (3) Becomes aware by any other means that (1) The amount we will pay for damages is limited as described in Section III - Limits "bodily injury" or "property damage" has occurred or has begun to occur. Of Insurance; and (2) Our right and duty to defend ends when d. Damages because of "bodily injury" include damages claimed by any person or we have used up the applicable limit of organization for care, loss of services or insurance in the payment of judgments or death resulting at any time from the "bodily settlements under Coverages A or B or injury". medical expenses under Coverage C. e. Incidental Medical Malpractice And Good No other obligation or liability to pay sums or Samaritan Coverage perform acts or services is covered unless explicitly provided for under Supplementary "Bodily injury" arising out of the rendering of or failure to render the following health care Payments- Coverages A and B. services by any "employee" or "volunteer b. This insurance applies to "bodily injury" and "property damage" only if: worker" shall be deemed to be caused by an "occurrence"for: HG 00 01 09 16 Page 1 of 21 ©2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) non Alnnn 11nRTMKT.AAR I >1/)n/1Q-21) AR L Raac.lina CASUALTY MASTER I Anaala Garza 16/24/2019 11:40:49 AM (CDT) I Paae 10 of 30 61 UUNHF7407 (1) Professional health care services such as: (a) Liability to such party for, or for the (a) Medical, surgical, dental, laboratory, x- cost of, that party's defense has also ray or nursing services or treatment, been assumed in the same "insured advice or instruction, or the related contract"; and furnishing of food or beverages; (b)Such attorney fees and litigation (b)Any health or therapeutic service, expenses are for defense of that party treatment, advice or instruction; or against a civil or alternative dispute resolution proceeding in which (c) The furnishing or dispensing of drugs damages to which this insurance or medical, dental, or surgical supplies applies are alleged. or appliances; or c. Liquor Liability (2) First aid services, which include: "Bodily injury" or "property damage" for which (a) Cardiopulmonary resuscitation, any insured may be held liable by reason of: whether performed manually or with a defibrillator; or (1) Causing or contributing to the intoxication (b)Services performed as a Good of any person; Samaritan. (2) The furnishing of alcoholic beverages to a person under the legal drinking age or For the purpose of determining the limits of under the influence of alcohol; or insurance, any act or omission together with all related acts or omissions in the furnishing (3) Any statute, ordinance or regulation of these services to any one person will be relating to the sale, gift, distribution or use considered one "occurrence". of alcoholic beverages. However, this Incidental Medical Malpractice This exclusion applies even if the claims And Good Samaritan Coverage provision against any insured allege negligence or applies only if you are not engaged in the other wrongdoing in: business or occupation of providing any of the (a) The supervision, hiring, employment, services described in this provision. training or monitoring of others by that 2. Exclusions insured; or This insurance does not apply to: (b) Providing or failing to provide a. Expected Or Intended Injury transportation with respect to any person that may be under the influence "Bodily injury" or "property damage" expected of alcohol; or intended from the standpoint of the if the "occurrence" which caused the "bodily insured. This exclusion does not apply to injury" or "property damage", involved that "bodily injury" or "property damage" resulting which is described in Paragraph (1), (2) or (3) from the use of reasonable force to protect above. persons or property. b. Contractual Liability However, this exclusion applies only if you are in the business of manufacturing, "Bodily injury" or "property damage" for which distributing, selling, serving or furnishing the insured is obligated to pay damages by alcoholic beverages. For the purposes of this reason of the assumption of liability in a exclusion, permitting a person to bring contract or agreement. This exclusion does alcoholic beverages on your premises, for not apply to liability for damages: consumption on your premises, whether or (1) That the insured would have in the not a fee is charged or a license is required absence of the contract or agreement; or for such activity, is not by itself considered the (2) Assumed in a contract or agreement that business of selling, serving or furnishing alcoholic beverages. is an "insured contract", provided the "bodily injury" or "property damage" d. Workers' Compensation And Similar Laws occurs subsequent to the execution of the Any obligation of the insured under a workers' contract or agreement. Solely for the compensation, disability benefits or purposes of liability assumed in an unemployment compensation law or any "insured contract", reasonable attorney similar law. fees and necessary litigation expenses e. Employer's Liability incurred by or for a party other than an insured are deemed to be damages "Bodily injury"to: because of "bodily injury" or "property (1) An "employee" of the insured arising out of damage", provided: and in the course of: Page 2 of 21 HG 00 01 09 16 4q4 1 nnn i 1nRTNxr.RAR I *1i2n/19-20 AR c Ra.celine CASUALTY MASTER I Anaela Garza 16/24/2019 11:40:48 AM (CDT) I Paoe 11 of 30 61 UUNHF7407 (a) Employment by the insured; or (c) Which are or were at any time (b) Performing duties related to the transported, handled, stored, treated, conduct of the insured's business; or disposed of, or processed as waste by (2) The spouse, child, parent, brother or sister or for: of that "employee" as a consequence of (i) Any insured; or Paragraph (1) above. (ii) Any person or organization for This exclusion applies: whom you may be legally (1) Whether the insured may be liable as an responsible; employer or in any other capacity; and (d)At or from any premises, site or (2) To any obligation to share damages with location on which any insured or any or repay someone else who must pay contractors or subcontractors working damages because of the injury. directly or indirectly on any insured's This exclusion does not apply to liability behalf are performing operations if the assumed by the insured under an "insured "pollutants" are brought on or to the contract". premises, site or location in connection with such operations by such insured, f. Pollution contractor or subcontractor. However, (1) "Bodily injury" or "property damage" this subparagraph does not apply to: arising out of the actual, alleged or (i) "Bodily injury" or "property damage" threatened discharge, dispersal, seepage, migration, release or escape of arising out of the escape of fuels, "pollutants": lubricants or other operating fluids which are needed to perform the (a) At or from any premises, site or normal electrical, hydraulic or location which is or was at any time mechanical functions necessary for owned or occupied by, or rented or the operation of"mobile equipment" loaned to, any insured. However, this or its parts, if such fuels, lubricants subparagraph does not apply to: or other operating fluids escape (i) "Bodily injury" if sustained within a from a vehicle part designed to building and caused by smoke, hold, store or receive them. This fumes, vapor or soot produced by exception does not apply if the or originating from equipment that "bodily injury" or "property damage" is used to heat, cool or dehumidify arises out of the intentional the building, or equipment that is discharge, dispersal or release of used to heat water for personal the fuels, lubricants or other use, by the building's occupants or operating fluids, or if such fuels, their guests; lubricants or other operating fluids (ii) "Bodily injury" or"property damage" are brought on or to the premises, for which you may be held liable, if site or location with the intent that you are a contractor and the owner they be discharged, dispersed or or lessee of such premises, site or released as part of the operations location has been added to your being performed by such insured, policy as an additional insured with contractor or subcontractor; respect to your ongoing operations (ii) "Bodily injury" or "property damage" performed for that additional sustained within a building and insured at that premises, site or caused by the release of gases, location and such premises, site or fumes or vapors from materials location is not and never was brought into that building in owned or occupied by, or rented or connection with operations being loaned to, any insured, other than performed by you or on your behalf that additional insured; or by a contractor or subcontractor; or (iii) "Bodily injury" or"property damage" (iii) "Bodily injury" or"property damage" arising out of heat, smoke or fumes arising out of heat, smoke or fumes from a "hostile fire"; from a "hostile fire"; or (b)At or from any premises, site or (e) At or from any premises, site or location which is or was at any time location on which any insured or any used by or for any insured or others for contractors or subcontractors working the handling, storage, disposal, directly or indirectly on any insured's processing or treatment of waste; behalf are performing operations if the HG 00 01 09 16 Page 3 of 21 AQdf.1lllf1 I 1f1RTMKT.RTR I •i/7fl/1Q-7n RR c Racalina r MCf1AT.TV MACTVP I >nnala I:ar7a I A/74/7f11Q 11.df1.41; AM !rflTI I Dana 12 of i(1 61 UUNHF7407 operations are to test for, monitor, (4) Liability assumed under any "insured clean up, remove, contain, treat, contract" for the ownership, maintenance detoxify or neutralize, or in any way or use of aircraft or watercraft; respond to, or assess the effects of, (5) "Bodily injury" or "property damage" "pollutants". arising out of: (2) Any loss, cost or expense arising out of (a) The operation of machinery or any: equipment that is attached to, or part (a) Request, demand, order or statutory or of, a land vehicle that would qualify regulatory requirement that any under the definition of "mobile insured or others test for, monitor, equipment" if it were not subject to a clean up, remove, contain, treat, compulsory or financial responsibility detoxify or neutralize, or in any way law or other motor vehicle insurance respond to, or assess the effects of, law where it is licensed or principally "pollutants"; or garaged; or (b) Claim or suit by or on behalf of a (b) The operation of any of the machinery governmental authority for damages or equipment listed in Paragraph f.(2) because of testing for, monitoring, or f.(3) of the definition of "mobile cleaning up, removing, containing, equipment"; or treating, detoxifying or neutralizing, or (6) An aircraft that is not owned by any in any way responding to, or assessing insured and is hired, chartered or loaned the effects of, "pollutants". with a paid crew. However, this exception However, this paragraph does not apply to does not apply if the insured has any other liability for damages because of "property insurance for such "bodily injury" or damage" that the insured would have in "property damage", whether the other the absence of such request, demand, insurance is primary, excess, contingent order or statutory or regulatory or on any other basis. requirement, or such claim or "suit" by or h. Mobile Equipment on behalf of a governmental authority. "Bodily injury" or "property damage" arising g. Aircraft, Auto Or Watercraft out of: "Bodily injury" or "property damage" arising (1) The transportation of "mobile equipment" out of the ownership, maintenance, use or by an "auto" owned or operated by or entrustment to others of any aircraft, "auto" or rented or loaned to any insured; or watercraft owned or operated by or rented or (2) The use of"mobile equipment" in, or while loaned to any insured. Use includes operation in practice for, or while being prepared for, and "loading or unloading". any prearranged racing, speed, This exclusion applies even if the claims demolition, or stunting activity. against any insured allege negligence or i. War other wrongdoing in the supervision, hiring, employment, training or monitoring of others "Bodily injury" or "property damage", however by that insured, if the "occurrence" which caused, arising, directly or indirectly, out of: caused the "bodily injury" or "property (1) War, including undeclared or civil war; damage" involved the ownership, (2) Warlike action by a military force, including maintenance, use or entrustment to others of action in hindering or defending against an any aircraft, "auto" or watercraft that is owned actual or expected attack, by any or operated by or rented or loaned to any government, sovereign or other authority insured. using military personnel or other agents; This exclusion does not apply to: or (1) A watercraft while ashore on premises you (3) Insurrection, rebellion, revolution, usurped own or rent; power, or action taken by governmental (2) A watercraft you do not own that is: authority in hindering or defending against (a) Less than 51 feet long; and any of these. (b) Not being used to carry persons for a j. Damage To Property charge; "Property damage" to: (3) Parking an "auto" on, or on the ways next (1) Property you own, rent, or occupy, to, premises you own or rent, provided the including any costs or expenses incurred "auto" is not owned by or rented or loaned by you, or any other person, organization to you or the insured; or entity, for repair, replacement, Page 4 of 21 HG 00 01 09 16 n nnclnnn 1norr.vrorn I .1/on/lo-on nn r. n .n14,n raenArTV mAcTro I annola /_aroa I A/94/,f110 11.An.4A AM frf1T1 I Pane 1i of 111 61 UUNHF7407 enhancement, restoration or maintenance m. Damage To Impaired Property Or Property of such property for any reason, including Not Physically Injured prevention of injury to a person or damage "Property damage" to "impaired property" or to another's property; property that has not been physically injured, (2) Premises you sell, give away or abandon, arising out of: if the "property damage" arises out of any (1) A defect, deficiency, inadequacy or part of those premises; dangerous condition in "your product" or (3) Property loaned to you; "your work"; or (4) Personal property in the care, custody or (2) A delay or failure by you or anyone acting control of the insured; on your behalf to perform a contract or (5) That particular part of real property on agreement in accordance with its terms. which you or any contractors or This exclusion does not apply to the loss of subcontractors use of other property arising out of sudden working directly or indirectly on your behalf and accidental physical injury to "your are performing operations, if the "property product" or "your work" after it has been put damage"arises out of those operations; or to its intended use. (6) That particular part of any property that n. Recall Of Products, Work Or Impaired must be restored, repaired or replaced Property because "your work" was incorrectly p y performed on it. Damages claimed for any loss, cost or Paragraphs (1), (3) and (4) of this exclusion expense incurred by you or others for the loss do not apply to "property damage" (other than of use, withdrawal, recall, inspection, repair, damage by fire) to premises, including the replacement, adjustment, removal or disposal contents of such premises, rented to you for a of: period of seven or fewer consecutive days. A (1) "Your product"; separate limit of insurance applies to Damage (2) "Your work"; or To Premises Rented To You as described in (3) "Impaired property"; Section III - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if such product, work, or property is withdrawn if the premises are "your work" and were or recalled from the market or from use by never occupied, rented or held for rental by any person or organization because of a you. known or suspected defect, deficiency, Paragraphs (3) and (4) of this exclusion do inadequacy or dangerous condition in it. not apply to "property damage" arising from o. Personal And Advertising Injury the use of elevators. "Bodily injury" arising out of "personal and Paragraphs (3), (4), (5) and (6) of this advertising injury". exclusion do not apply to liability assumed p. Access or Disclosure Of Confidential Or under a sidetrack agreement. Personal Information And Data-related Paragraphs (3) and (4) of this exclusion do Liability not apply to "property damage" to borrowed Damages arising out of: equipment while not being used to perform (1) Any access to or disclosure of any operations at the job site. person's or organization's confidential or Paragraph (6) of this exclusion does not apply personal information, including patents, to "property damage" included in the trade secrets, processing methods, "products-completed operations hazard". customer lists, financial information, credit k. Damage To Your Product card information, health information or any "Property damage" to "your product" arising other type of nonpublic information; or out of it or any part of it. (2) The loss of, loss of use of, damage to, I. Damage To Your Work corruption of, inability to access, or "Property damage" to "your work" arising out inability to manipulate electronic data. of it or any part of it and included in the This exclusion applies even if damages are "products-completed operations hazard". claimed for notification costs, credit This exclusion does not apply if the damaged monitoring expenses, forensic expenses, work or the work out of which the damage public relations expenses or any other loss, arises was performed on your behalf by a cost or expense incurred by you or others subcontractor. arising out of that which is described in Paragraph (1) or(2) above. HG 00 01 09 16 Page 5 of 21 Aon6lnnn 11nUTnlur.nER I +lI9n n o-9n nn < P..a1ina rnAnnr.TV MERTRR I nnnola nar7a 16/24/9014 11.40.4A AN (COm1 I Paas 14 of 30 61 UUNHF7407 However, unless Paragraph (1) above detoxifying or neutralizing or in any applies, this exclusion does not apply to way responding to or assessing the damages because of"bodily injury". effects of an "asbestos hazard". As used in this exclusion, electronic data s. Recording And Distribution Of Material Or means information, facts or programs stored Information In Violation Of Law as or on, created or used on, or transmitted to "Bodily injury" or "property damage" arising or from computer software, including systems directly or indirectly out of any action or and applications software, hard or floppy omission that violates or is alleged to violate: disks, CD-ROMS, tapes, drives, cells, data (1) The Telephone Consumer Protection Act processing devices or any other media which (TCPA), including any amendment of or are used with electronically controlled addition to such law; equipment. q. Employment-Related Practices (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; "Bodily injury"to: (3) The Fair Credit Reporting Act (FCRA), and (1) A person arising out of any "employment- any amendment of or addition to such law, related practices"; or including the Fair and Accurate Credit (2) The spouse, child, parent, brother or sister Transaction Act(FACTA); or of that person as a consequence of"bodily (4) Any federal, state or local statute, injury" to that person at whom any ordinance or regulation, other than the "employment-related practices" are TCPA or CAN-SPAM Act of 2003 or FCRA directed. and their amendments and additions, that This exclusion applies: addresses, prohibits or limits the printing, (1) Whether the injury-causing event dissemination, disposal, collecting, described in the definition of"employment- recording, sending, transmitting, related practices" occurs before communicating or distribution of material employment, during employment or after or information. employment of that person; Damage To Premises Rented To You - (2) Whether the insured may be liable as an Exception For Damage By Fire, Lightning Or employer or in any other capacity; and Explosion (3) To any obligation to share damages with Exclusions c. through h. and j. through n. do not or repay someone else who must pay apply to damage by fire, lightning or explosion to damages because of the injury. premises while rented to you or temporarily r. Asbestos occupied by you with permission of the owner. A separate limit of insurance applies to this (1) "Bodily injury or "property damage" coverage as described in Section III - Limits Of arising out of the "asbestos hazard". Insurance. (2) Any damages, judgments, settlements, COVERAGE B PERSONAL AND ADVERTISING loss, costs or expenses that: INJURY LIABILITY (a) May be awarded or incurred by reason 1. Insuring Agreement of any claim or suit alleging actual or a. We will pay those sums that the insured threatened injury or damage of any nature or kind to persons or property becomes legally obligated to pay as damages which would not have occurred in because of "personal and advertising injury" whole or in part but for the "asbestos to which this insurance applies. We will have hazard"; the right and duty to defend the insured against any "suit" seeking those damages. (b)Arise out of any request, demand, However, we will have no duty to defend the order or statutory or regulatory insured against any "suit" seeking damages requirement that any insured or others for "personal and advertising injury" to which test for, monitor, clean up, remove, this insurance does not apply. We may, at our encapsulate, contain, treat, detoxify or discretion, investigate any offense and settle neutralize or in any way respond to or any claim or"suit" that may result. But: assess the effects of an "asbestos (1) The amount we will pay for damages is hazard"; or limited as described in Section III - Limits (c) Arise out of any claim or suit for Of Insurance; and damages because of testing for, (2) Our right and duty to defend end when we monitoring, cleaning up, removing, encapsulating, containing, treating, have used up the applicable limit of insurance in the payment of judgments or Page 6 of 21 HG 00 01 09 16 aQAAlnff I 111ATMT(T.AAR I *l/211/10-2n RR L Ra aolin. cac1hT.TV MARTPR I Anrt.la nAT7.a I f/24/2(119 11.4f.4A AM lfIWI I Pan. 15 of 30 61 UUNHF7407 settlements under Coverages A or B or h. Wrong Description Of Prices medical expenses under Coverage C. "Personal and advertising injury" arising out of No other obligation or liability to pay sums or the wrong description of the price of goods, perform acts or services is covered unless products or services. explicitly provided for under Supplementary i. Infringement Of Intellectual Property Payments- Coverages A and B. Rights b. This insurance applies to "personal and (1) "Personal and advertising injury" arising advertising injury" caused by an offense out of any actual or alleged infringement arising out of your business but only if the or violation of any intellectual property offense was committed in the "coverage rights such as copyright, patent, territory" during the policy period. trademark, trade name, trade secret, trade 2. Exclusions dress, service mark or other designation This insurance does not apply to: of origin or authenticity; or a. Knowing Violation Of Rights Of Another (2) Any injury or damage alleged in any clam or "suit" that also alleges an infringement "Personal and advertising injury" arising out of an offense committed by, at the direction or or violation of any intellectual property with the consent or acquiescence of the right, whether such allegation of insuredinfringement or violation is made by you or with the expectation of inflicting "personal and advertising injury". by any other party involved in the claim or "suit", regardless of whether this b. Material Published With Knowledge Of insurance would otherwise apply. Falsity However, this exclusion does not apply if the "Personal and advertising injury" arising out of only allegation in the claim or "suit" involving oral, written or electronic publication, in any any intellectual property right is limited to: manner, of material, if done by or at the (1) Infringement, in your"advertisement", of: direction of the insured with knowledge of its falsity. (a) Copyright; c. Material Published Prior To Policy Period (b) Slogan; or "Personal and advertising injury" arising out of (c) Title of any literary or artistic work; or oral, written or electronic publication, in any (2) Copying, in your "advertisement", a manner, of material whose first publication person's or organization's "advertising took place before the beginning of the policy idea" or style of"advertisement". period. j. Insureds In Media And Internet Type d. Criminal Acts Businesses "Personal and advertising injury" arising out of "Personal and advertising injury" committed a criminal act committed by or at the direction by an insured whose business is: of the insured. (1) Advertising, broadcasting, publishing or e. Contractual Liability telecasting; "Personal and advertising injury"for which the (2) Designing or determining content of web insured has assumed liability in a contract or sites for others; or agreement. This exclusion does not apply to (3) An Internet search, access, content or liability for damages that the insured would service provider. have in the absence of the contract or agreement. However, this exclusion does not apply to Paragraphs a., b. and c. of the definition of f. Breach Of Contract "personal and advertising injury" under the "Personal and advertising injury" arising out of a Definitions Section. breach of contract, except an implied contract to For the purposes of this exclusion, the placing use another's "advertising idea" in your of frames, borders or links, or advertising, for "advertisement". you or others anywhere on the Internet, is not g. Quality Or Performance Of Goods - Failure by itself, considered the business of To Conform To Statements advertising, broadcasting, publishing or "Personal and advertising injury" arising out of telecasting. the failure of goods, products or services to k. Electronic Chatrooms Or Bulletin Boards conform with any statement of quality or "Personal and advertising injury" arising out of performance made in your "advertisement". an electronic chatroom or bulletin board the HG 00 01 09 16 Page 7 of 21 AOA41nnn I lnATURT.ALA I +a/ln/10_9n AA c Aacnl;no nACMAT.TV MLCTAA I Anrtela r.-ea I A/24/9n1Q 11.4n.4A AM frnml i Pana 16 of 10 61 UUNHF7407 insured hosts, owns, or over which the (4) Computer code, software or programming insured exercises control. used to enable: I. Unauthorized Use Of Another's Name Or (a) Your web site; or Product (b)The presentation or functionality of an "Personal and advertising injury" arising out of "advertisement" or other content on the unauthorized use of another's name or your web site. product in your e-mail address, domain name q. Right Of Privacy Created By Statute or metatags, or any other similar tactics to mislead another's potential customers. "Personal and advertising injury" arising out of m. Pollution the violation of a person's right of privacy created by any state or federal act. "Personal and advertising injury" arising out of However, this exclusion does not apply to the actual, alleged or threatened discharge, liability for damages that the insured would dispersal, seepage, migration, release or have in the absence of such state or federal escape of"pollutants"at any time. act. n. Pollution-Related r. Violation Of Anti-Trust law Any loss, cost or expense arising out of any: "Personal and advertising injury" arising out of (1) Request, demand, order or statutory or a violation of any anti-trust law. regulatory requirement that any insured or s. Securities others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in "Personal and advertising injury" arising out of any way respond to, or assess the effects the fluctuation in price or value of any stocks, of, "pollutants"; or bonds or other securities. (2) Claim or suit by or on behalf of a t. Recording And Distribution Of Material Or governmental authority for damages Information In Violation Of Law because of testing for, monitoring, "Personal and advertising injury" arising cleaning up, removing, containing, directly or indirectly out of any action or treating, detoxifying or neutralizing, or in omission that violates or is alleged to violate: any way responding to, or assessing the (1) The Telephone Consumer Protection Act effects of, "pollutants". (TCPA), including any amendment of or o. War addition to such law; "Personal and advertising injury", however (2) The CAN-SPAM Act of 2003, including caused, arising, directly or indirectly, out of: any amendment of or addition to such law; (1) War, including undeclared or civil war; (3) The Fair Credit Reporting Act (FCRA), and (2) Warlike action by a military force, including any amendment of or addition to such law, action in hindering or defending against an including the Fair and Accurate Credit actual or expected attack, by any Transaction Act(FACTA); or government, sovereign or other authority (4) Any federal, state or local statute, using military personnel or other agents; ordinance or regulation, other than the or TCPA or CAN-SPAM Act of 2003 or FCRA (3) Insurrection, rebellion, revolution, usurped and their amendments and additions, that power, or action taken by governmental addresses, prohibits or limits the printing, authority in hindering or defending against dissemination, disposal, collecting, any of these. recording, sending, transmitting, p. Internet Advertisements And Content Of communicating or distribution of material or information. Others u. Employment-Related Practices "Personal and advertising injury" arising out of: "Personal and advertising injury" to: (1) An "advertisement" for others on your web (1) A person arising out of any "employment- site; related practices"; or (2) Placing a link to a web site of others on (2) The spouse, child, parent, brother or sister your web site; of that person as a consequence of "personal and advertising injury" to that (3) Content, including information, sounds, person at whom any "employment-related text, graphics, or images from a web site practices" are directed. of others displayed within a frame or border on your web site; or Page 8 of 21 HG 00 01 09 16 49461000 110BINKLBAR I *3/20/19-20 BB & Baseline CASUALTY MASTER I Anaela Garza 16/24/2019 11:40:48 AM (CDT1 I Pace 17 of 30 61 UUNHF7407 This exclusion applies: COVERAGE C MEDICAL PAYMENTS (1) Whether the injury-causing event 1. Insuring Agreement described in the definition of"employment- a. We will pay medical expenses as described related practices" occurs before below for "bodily injury" caused by an employment, during employment or after accident: employment of that person; (1) On premises you own or rent; (2) Whether the insured may be liable as an employer or in any other capacity; and (2) On ways next to premises you own or rent; or (3) To any obligation to share damages with or repay someone else who must pay (3) Because of your operations; damages because of the injury. provided that: v. Asbestos (1) The accident takes place in the "coverage (1) "Personal and advertising injury" arising territory" and during the policy period; out of the "asbestos hazard". (2) The expenses are incurred and reported (2) Any damages, judgments, settlements, to us within three years of the date of the loss, costs or expenses that: accident; and (a) May be awarded or incurred by reason (3) The injured person submits to of any claim or suit alleging actual or examination, at our expense, by threatened injury or damage of any physicians of our choice as often as we nature or kind to persons or property reasonably require. which would not have occurred in b. We will make these payments regardless of whole or in part but for the "asbestos fault. These payments will not exceed the hazard"; applicable limit of insurance. We will pay (b)Arise out of any request, demand, reasonable expenses for: order or statutory or regulatory (1) First aid administered at the time of an requirement that any insured or others accident; test for, monitor, clean up, remove, (2) Necessary medical, surgical, X-ray and encapsulate, contain, treat, detoxify or dental services, including prosthetic neutralize or in any way respond to or devices; and assess the effects of an "asbestos hazard"; or (3) Necessary ambulance, hospital, professional nursing and funeral services. (c) Arise out of any claim or suit for damages because of testing for, 2. Exclusions monitoring, cleaning up, removing, We will not pay expenses for"bodily injury": encapsulating, containing, treating, a. Any Insured detoxifying or neutralizing or in any To any insured, except "volunteer workers". way responding to or assessing the effects of an "asbestos hazard". b. Hired Person w. Access Or Disclosure Of Confidential Or To a person hired to do work for or on behalf Personal Information of any insured or a tenant of any insured. "Personal and advertising injury" arising out of c. Injury On Normally Occupied Premises any access to or disclosure of any person's or To a person injured on that part of premises organization's confidential or personal you own or rent that the person normally information, including patents, trade secrets, occupies. processing methods, customer lists, financial d. Workers Compensation And Similar Laws information, credit card information, health information or any other type of nonpublic To a person, whether or not an "employee" of information. any insured, if benefits for the "bodily injury" are This exclusion applies even if damages are payable or must be provided under a workers' claimed for notification costs, credit compensation or disability benefits law or a monitoring expenses, forensic expenses, similar law. public relations expenses or any other loss, e. Athletics Activities cost or expense incurred by you or others To a person injured while practicing, arising out of any access to or disclosure of instructing or participating in any physical any person's or organization's confidential or exercises or games, sports, or athletic personal information. contests. HG 00 01 09 16 Page 9 of 21 61 UUNHF7407 f. Products-Completed Operations Hazard assumed by the insured in the same "insured Included within the "products-completed contract'; operations hazard". d. The allegations in the "suit" and the g. Coverage A Exclusions information we know about the "occurrence" Excluded under Coverage A. are such that no conflict appears to exist between the interests of the insured and the SUPPLEMENTARY PAYMENTS - COVERAGES interests of the indemnitee; A AND B e. The indemnitee and the insured ask us to 1. We will pay, with respect to any claim we conduct and control the defense of that investigate or settle, or any "suit" against an indemnitee against such "suit" and agree that insured we defend: we can assign the same counsel to defend a. All expenses we incur. the insured and the indemnitee; and b. Up to $1,000 for cost of bail bonds required f. The indemnitee: because of accidents or traffic law violations arising out of the use of any vehicle to which (1) Agrees in writing to: the Bodily Injury Liability Coverage applies. (a) Cooperate with us in the investigation, We do not have to furnish these bonds. settlement or defense of the "suit"; c. The cost of appeal bonds or bonds to release (b) Immediately send us copies of any attachments, but only for bond amounts demands, notices, summonses or legal within the applicable limit of insurance. We do papers received in connection with the not have to furnish these bonds. "suit"; d. All reasonable expenses incurred by the (c) Notify any other insurer whose insured at our request to assist us in the coverage is available to the investigation or defense of the claim or "suit", indemnitee; and including actual loss of earnings up to $500 a (d) Cooperate with us with respect to day because of time off from work. coordinating other applicable e. All court costs taxed against the insured in insurance available to the indemnitee; the "suit". However, such costs do not and include attorneys' fees, attorneys' expenses, (2) Provides us with written authorization to: witness or expert fees, or any other expenses of a party taxed to the insured. (a) Obtain records and other information f. Prejudgment interest awarded against the related to the "suit"; and insured on that part of the judgment we pay. If (b) Conduct and control the defense of the we make an offer to pay the applicable limit of indemnitee in such "suit". insurance, we will not pay any prejudgment So long as the above conditions are met, interest based on that period of time after the attorneys' fees incurred by us in the defense of offer. that indemnitee, necessary litigation expenses g. All interest on the full amount of any judgment incurred by us and necessary litigation expenses that accrues after entry of the judgment and incurred by the indemnitee at our request will be before we have paid, offered to pay, or paid as Supplementary Payments. deposited in court the part of the judgment Notwithstanding the provisions of Paragraph that is within the applicable limit of insurance. 2.b.(2) of Section I - Coverage A - Bodily Injury These payments will not reduce the limits of And Property Damage Liability, such payments insurance. will not be deemed to be damages for "bodily 2. If we defend an insured against a "suit" and an injury" and "property damage" and will not reduce indemnitee of the insured is also named as a the limits of insurance. party to the "suit", we will defend that indemnitee Our obligation to defend an insured's indemnitee if all of the following conditions are met: and to pay for attorneys' fees and necessary a. The "suit" against the indemnitee seeks litigation expenses as Supplementary Payments damages for which the insured has assumed ends when: the liability of the indemnitee in a contract or a. We have used up the applicable limit of agreement that is an "insured contract"; insurance in the payment of judgments or b. This insurance applies to such liability settlements; or assumed by the insured; b. The conditions set forth above, or the terms of c. The obligation to defend, or the cost of the the agreement described in Paragraph f. defense of, that indemnitee, has also been above, are no longer met. Page 10 of 21 HG 00 01 09 16 eoeatnnn i tnnrMvrnan i 1,/,n/10_,n nn rannarTv MACTWP I AnnnI n r.7a I A/94/91119 11.4n.4A AM ICnT\ I Pane 19 of 10 61 UUNHF7407 SECTION II -WHO IS AN INSURED "volunteer worker" as a consequence 1. If you are designated in the Declarations as: of Paragraph (1)(a) above; a. An individual, you and your spouse are (c) For which there is any obligation to insureds, but only with respect to the conduct share damages with or repay someone of a business of which you are the sole else who must pay damages because owner. of the injury described in Paragraphs (1)(a) or(1)(b) above; or b. A partnership or joint venture, you are an insured. Your members, your partners, and (d)Arising out of his or her providing or their spouses are also insureds, but only with failing to provide professional health respect to the conduct of your business. care services. c. A limited liability company, you are an If you are not in the business of providing insured. Your members are also insureds, but professional health care services: only with respect to the conduct of your (a) Subparagraphs (1)(a), (1)(b) and (1)(c) business. Your managers are insureds, but above do not apply to any "employee" only with respect to their duties as your or "volunteer worker" providing first aid managers. services; and d. An organization other than a partnership,joint (b)Subparagraph (1)(d) above does not venture or limited liability company, you are apply to any nurse, emergency medical an insured. Your "executive officers" and technician or paramedic employed by directors are insureds, but only with respect to you to provide such services. their duties as your officers or directors. Your (2) "Property damage" to property: stockholders are also insureds, but only with respect to their liability as stockholders. (a) Owned, occupied or used by, e. A trust, you are an insured. Your trustees are (b) Rented to, in the care, custody or also insureds, but only with respect to their control of, or over which physical duties as trustees. control is being exercised for any purpose by 2. Each of the following is also an insured: you, any of your "employees", "volunteer a. Employees And Volunteer Workers workers", any partner or member (if you Your "volunteer workers" only while are a partnership or joint venture), or any performing duties related to the conduct of member (if you are a limited liability your business, or your "employees", other company). than either your"executive officers" (if you are b. Real Estate Manager an organization other than a partnership, joint venture or limited liability company) or your Any person (other than your "employee" or managers (if you are a limited liability "volunteer worker"), or any organization while company), but only for acts within the scope acting as your real estate manager. of their employment by you or while c. Temporary Custodians Of Your Property performing duties related to the conduct of Any person or organization having proper your business. temporary custody of your property if you die, However, none of these "employees" or but only: "volunteer workers" are insureds for: (1) With respect to liability arising out of the (1) "Bodily injury" or "personal and advertising maintenance or use of that property; and injury": (2) Until your legal representative has been (a) To you, to your partners or members (if appointed. you are a partnership or joint venture), d. Legal Representative If You Die to your members (if you are a limited liability company), to a co-"employee" Your legal representative if you die, but only while in the course of his or her with respect to duties as such. That employment or performing duties representative will have all your rights and related to the conduct of your duties under this Coverage Part. business, or to your other "volunteer e. Unnamed Subsidiary workers" while performing duties Any subsidiary, and subsidiary thereof, of related to the conduct of your yours which is a legally incorporated entity of business; which you own a financial interest of more (b)To the spouse, child, parent, brother or than 50% of the voting stock on the effective sister of that co-"employee" or that date of the Coverage Part. HG 00 01 09 16 Page 11 of 21 dOA41nnn 1 lARTMRTRAR I ,A/9(1/1Q-9n RR < Ra ecl inc fASr1AT.TV MASTER I Anaala (:aria 16/24/2019 11:40:48 AM (CDT) I Paae 20 of 30 61 UUNHF7407 The insurance afforded herein for any A person or organization is an additional insured subsidiary not named in this Coverage Part under this provision only for that period of time as a named insured does not apply to injury required by the contract or agreement. or damage with respect to which such insured However, no such person or organization is an is also a named insured under another policy insured under this provision if such person or or would be a named insured under such organization is included as an insured by an policy but for its termination or the exhaustion endorsement issued by us and made a part of of its limits of insurance. this Coverage Part. 3. Newly Acquired Or Formed Organization a. Vendors Any organization you newly acquire or form, Any person(s) or organization(s) (referred to other than a partnership, joint venture or limited below as vendor), but only with respect to liability company, and over which you maintain "bodily injury" or "property damage" arising financial interest of more than 50% of the voting out of"your products" which are distributed or stock, will qualify as a Named Insured if there is sold in the regular course of the vendor's no other similar insurance available to that business and only if this Coverage Part organization. However: provides coverage for "bodily injury" or a. Coverage under this provision is afforded only "property damage" included within the until the 180th day after you acquire or form "products-completed operations hazard". the organization or the end of the policy (1) The insurance afforded the vendor is period, whichever is earlier; subject to the following additional b. Coverage A does not apply to "bodily injury" exclusions: or "property damage" that occurred before This insurance does not apply to: you acquired or formed the organization; and (a) "Bodily injury" or"property dams e" for c. Coverage B does not I to "personal and y ig 9 apply P which the vendor is obligated to pay advertising injury" arising out of an offense damages by reason of the assumption committed before you acquired or formed the of liability in a contract or agreement. organization. This exclusion does not apply to 4. Nonowned Watercraft liability for damages that the vendor With respect to watercraft you do not own that is would have in the absence of the less than 51 feet long and is not being used to contract or agreement; carry persons for a charge, any person is an (b)Any express warranty unauthorized by insured while operating such watercraft with your you; permission. Any other person or organization (c) Any physical or chemical change in the responsible for the conduct of such person is product made intentionally by the also an insured, but only with respect to liability vendor; arising out of the operation of the watercraft, and (d)Repackaging, except when unpacked only if no other insurance of any kind is available solely for the purpose of inspection, to that person or organization for this liability. demonstration, testing, or the However, no person or organization is an insured substitution of parts under instructions with respect to: from the manufacturer, and then a. "Bodily injury" to a co-"employee" of the repackaged in the original container; person operating the watercraft; or (e) Any failure to make such inspections, b. "Property damage" to property owned by, adjustments, tests or servicing as the rented to, in the charge of or occupied by you vendor has agreed to make or normally or the employer of any person who is an undertakes to make in the usual insured under this provision. course of business, in connection with 5. Additional Insureds When Required By the distribution or sale of the products; Written Contract, Written Agreement Or (f) Demonstration, installation, servicing Permit or repair operations, except such The following person(s) or organization(s) are an operations performed at the vendor's additional insured when you have agreed, in a premises in connection with the sale of written contract, written agreement or because of the product; a permit issued by a state or political subdivision, (g) Products which, after distribution or that such person or organization be added as an sale by you, have been labeled or additional insured on your policy, provided the relabeled or used as a container, part injury or damage occurs subsequent to the or ingredient of any other thing or execution of the contract or agreement. substance by or for the vendor; or Page 12 of 21 HG 00 01 09 16 49461000 110BINKLBAR I •3/20/19-20 BB 4 Baseline CASUALTY MASTER I Angela Garza 16/24/2019 11:40:48 AM (CDT) I Paae 21 of 30 61 UUNHF7407 (h)"Bodily injury" or "property damage" omissions of those acting on your behalf: arising out of the sole negligence of the (1) In connection with your premises; or vendor for its own acts or omissions or (2) In the performance of your ongoing those of its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf. exclusion does not apply to: (i) The exceptions contained in Sub- With respect to the insurance afforded these paragraphs (d) or(f); or additional insureds, the following additional exclusion applies: (ii) Such inspections, adjustments, This insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury" arising out of the rendering undertakes to make in the usual of or the failure to render any professional course of business, in connection services by or for you, including: with the distribution or sale of the products. 1. The preparing, approving, or failing to (2) This insurance does not apply to any prepare or approve, maps, shop drawings, insured person or organization, from opinions, reports, surveys, field orders, change orders or drawings and whom you have acquired such products, or any ingredient, part or container, specifications; or entering into, accompanying or containing 2. Supervisory, inspection, architectural or such products. engineering activities. b. Lessors Of Equipment This exclusion applies even if the claims (1) Any person(s) or organization(s) from against any insured allege negligence or whom you lease equipment; but only with other wrongdoing in the supervision, hiring, employment, training or monitoring of others respect to their liability for "bodily injury", by that insured, if the "occurrence" which "property damage" or "personal and caused the "bodily injury" or "property advertising injury" caused, in whole or in damage", or the offense which caused the part, by your maintenance, operation or „ use of equipment leased to you by such "personal and advertising injury , involved the person(s) or organization(s). rendering of or the failure to render any professional services by or for you. (2) With respect to the insurance afforded to e. Permits Issued By State Or Political these additional insureds this insurance Subdivisions does not apply to any "occurrence" which takes place after the equipment lease Any state or political subdivision, but only with expires. respect to operations performed by you or on c. Lessors Of Land Or Premises your behalf for which the state or political subdivision has issued a permit. Any person or organization from whom you With respect to the insurance afforded these lease land or premises, but only with respect additional insureds, this insurance does not to liability arising out of the ownership, maintenance or use of that part of the land or apply to: premises leased to you. (1) "Bodily injury", "property damage" or With respect to the insurance afforded these "personal and advertising injury" arising out of operations performed for the state additional insureds the following additional exclusions a I or municipality; or pp (2)y "Bodilyinjury" or "property damage" This insurance does not apply to: g included within the "products-completed 1. Any "occurrence" which takes place after operations hazard". you cease to lease that land; or f. Any Other Party 2. Structural alterations, new construction or Any other person or organization who is not demolition operations performed by or on an additional insured under Paragraphs a. behalf of such person or organization. through e. above, but only with respect to d. Architects, Engineers Or Surveyors liability for "bodily injury", "property damage" Any architect, engineer, or surveyor, but only or"personal and advertising injury" caused, in with respect to liability for "bodily injury", whole or in part, by your acts or omissions or "property damage" or "personal and the acts or omissions of those acting on your advertising injury" caused, in whole or in part, behalf: by your acts or omissions or the acts or (1) In the performance of your ongoing operations; HG 00 01 09 16 Page 13 of 21 49461000 110ATNKI.RAR I al/20/19-70 RR F. RaaPlina CASRAT.TY MASTRR I Anarla C,ar,.a 16/74/2(119 11.40.4A AM (CDP1 I Pana. 77 of 70 61 UUNHF7407 (2) In connection with your premises owned No person or organization is an insured with respect by or rented to you; or to the conduct of any current or past partnership, (3) In connection with "your work" and joint venture or limited liability company that is not included within the "products-completed shown as a Named Insured in the Declarations. operations hazard", but only if SECTION III - LIMITS OF INSURANCE (a) The written contract or agreement 1. The Most We Will Pay requires you to provide such coverage The Limits of Insurance shown in the to such additional insured; and Declarations and the rules below fix the most we (b)This Coverage Part provides coverage will pay regardless of the number of: for"bodily injury" or "property damage" a. Insureds; included within the "products- completed operations hazard". b. Claims made or"suits" brought; or However: c. Persons or organizations making claims or bringing "suits". (1) The insurance afforded to such additional insured only applies to the extent 2. General Aggregate Limit permitted by law; and The General Aggregate Limit is the most we will (2) If coverage provided to the additional pay for the sum of: insured is required by a contract or a. Medical expenses under Coverage C; agreement, the insurance afforded to such b. Damages under Coverage A, except additional insured will not be broader than damages because of "bodily injury" or that which you are required by the contract "property damage" included in the "products- or agreement to provide for such completed operations hazard"; and additional insured. c. Damages under Coverage B. With respect to the insurance afforded to 3. Products-Completed Operations Aggregate these additional insureds, this insurance does not apply to: Limit "Bodily injury", "property damage" or The Products-Completed Operations Aggregate "personal and advertising injury" arising out of Limit is the most we will pay under Coverage A the rendering of, or the failure to render, any for damages because of "bodily injury" and professional architectural, engineering or "property damage" included in the "products- surveying services, including: completed operations hazard". (1) The preparing, approving, or failing to 4. Personal And Advertising Injury Limit prepare or approve, maps, shop drawings, Subject to 2. above, the Personal and opinions, reports, surveys, field orders, Advertising Injury Limit is the most we will pay change orders or drawings and under Coverage B for the sum of all damages specifications; or because of all "personal and advertising injury" (2) Supervisory, inspection, architectural or sustained by any one person or organization. engineering activities. 5. Each Occurrence Limit This exclusion applies even if the claims Subject to 2. or 3. above, whichever applies, the against any insured allege negligence or Each Occurrence Limit is the most we will pay for other wrongdoing in the supervision, hiring, the sum of: employment, training or monitoring of others a. Damages under Coverage A; and by that insured, if the "occurrence" which b. Medical expenses under Coverage C caused the "bodily injury" or "property damage", or the offense which caused the because of all "bodily injury" and "property "personal and advertising injury", involved the damage"arising out of any one "occurrence". rendering of or the failure to render any 6. Damage To Premises Rented To You Limit professional services by or for you. Subject to 5. above, the Damage To Premises The limits of insurance that apply to additional Rented To You Limit is the most we will pay insureds is described in Section III - Limits Of under Coverage A for damages because of Insurance. "property damage" to any one premises, while How this insurance applies when other insurance rented to you, or in the case of damage by fire, is available to the additional insured is described lightning or explosion, while rented to you or in the Other Insurance Condition in Section IV - temporarily occupied by you with permission of Commercial General Liability Conditions. the owner. Page 14 of 21 HG 00 01 09 16 49441nnn I 11-1FTiTKT.RAP I *1/fn/19-W1 RA L Raeclinc f`ACTIAT.TY MA.CTPP I Annals farv_a 1 6/24/7(119 11.40.4A AM lI.fT1 I Paan± 21 of 10 61 UUNHF7407 In the case of damage by fire, lightning or b. Notice Of Claim explosion, the Damage to Premises Rented To If a claim is made or "suit" is brought against You Limit applies to all damage proximately any insured, you or any additional insured caused by the same event, whether such must: damage results from fire, lightning or explosion or any combination of these. (1) Immediately record the specifics of the claim or"suit"and the date received; and 7. Medical Expense Limit (2) Notify us as soon as practicable. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all You or any additional insured must see to it medical expenses because of "bodily injury" that we receive written notice of the claim or sustained by any one person. "suit" as soon as practicable. 8. How Limits Apply To Additional Insureds c. Assistance And Cooperation Of The Insured If you have agreed in a written contract or written agreement that another person or organization You and any other involved insured must: be added as an additional insured on your policy, (1) Immediately send us copies of any the most we will pay on behalf of such additional demands, notices, summonses or legal insured is the lesser of: papers received in connection with the a. The limits of insurance specified in the written claim or"suit"; contract or written agreement; or (2) Authorize us to obtain records and other b. The Limits of Insurance shown in the information; Declarations. (3) Cooperate with us in the investigation or Such amount shall be a part of and not in settlement of the claim or defense against addition to Limits of Insurance shown in the the "suit"; and Declarations and described in this Section. (4) Assist us, upon our request, in the The Limits of Insurance of this Coverage Part apply enforcement of any right against any person separately to each consecutive annual period and to or organization which may be liable to the any remaining period of less than 12 months, insured because of injury or damage to starting with the beginning of the policy period which this insurance may also apply. shown in the Declarations, unless the policy period d. Obligations At The Insureds Own Cost is extended after issuance for an additional period of No insured will, except at that insured's own less than 12 months. In that case, the additional cost, voluntarily make a payment, assume period will be deemed part of the last preceding any obligation, or incur any expense, other period for purposes of determining the Limits of than for first aid, without our consent. Insurance. e. Additional Insureds Other Insurance SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS If we cover a claim or "suit" under this 1. Bankruptcy Coverage Part that may also be covered by other insurance available to an additional Bankruptcy or insolvency of the insured or of the insured, such additional insured must submit insured's estate will not relieve us of our such claim or "suit" to the other insurer for obligations under this Coverage Part. defense and indemnity. 2. Duties In The Event Of Occurrence, Offense, However, this provision does not apply to the Claim Or Suit extent that you have agreed in a written a. Notice Of Occurrence Or Offense contract or written agreement that this You or any additional insured must see to it insurance is primary and non-contributory that we are notified as soon as practicable of with the additional insured's own insurance. an "occurrence" or an offense which may f. Knowledge Of An Occurrence, Offense, result in a claim. To the extent possible, Claim Or Suit notice should include: Paragraphs a. and b. apply to you or to any (1) How, when and where the "occurrence" or additional insured only when such offense took place; "occurrence", offense, claim or "suit" is known (2) The names and addresses of any injured to: persons and witnesses; and (1) You or any additional insured that is an (3) The nature and location of any injury or individual; damage arising out of the "occurrence" or (2) Any partner, if you or the additional offense. insured is a partnership; HG 00 01 0916 Page 15 of 21 49461000 110BINKLBAR I *3/20/19-20 BB s Baseline CASUALTY MASTER I Angela Garza 16/24/2019 11.40,48 AM (CDT1 I Page 24 of 30 61 UUNHF7407 (3) Any manager, if you or the additional (3) Tenant Liability insured is a limited liability company; That is insurance purchased by you to (4) Any "executive officer" or insurance cover your liability as a tenant for manager, if you or the additional insured is "property damage" to premises rented to a corporation; you or temporarily occupied by you with (5) Any trustee, if you or the additional permission of the owner; insured is a trust; or (4) Aircraft, Auto Or Watercraft (6) Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public entity. extent not subject to Exclusion g. of This duty applies separately to you and any Section I - Coverage A - Bodily Injury And additional insured. Property Damage Liability; 3. Legal Action Against Us (5) Property Damage To Borrowed No person or organization has a right under this Equipment Or Use Of Elevators Coverage Part: If the loss arises out of"property damage" to borrowed equipment or the use of a. To join us as a party or otherwise bring us into a "suit" asking for damages from an elevators to the extent not subject to Exclusion j. of Section I - Coverage A - insured; or Bodily Injury And Property Damage b. To sue us on this Coverage Part unless all of Liability; its terms have been fully complied with. (6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an agreed settlement or on a final judgment Any other insurance available to you against an insured; but we will not be liable for covering liability for damages arising out damages that are not payable under the terms of of the premises or operations, or products this Coverage Part or that are in excess of the and completed operations, for which you applicable limit of insurance. An agreed have been added as an additional insured settlement means a settlement and release of by that insurance; or liability signed by us, the insured and the claimant or the claimant's legal representative. (7) When You Add Others As An Additional Insured To This Insurance 4. Other Insurance If other valid and collectible insurance is Any other insurance available to an additional insured. available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our However, the following provisions apply to obligations are limited as follows: other insurance available to any person or a. Primary Insurance organization who is an additional insured under this coverage part. This insurance is primary except when b. (a) Primary Insurance When Required below applies. If other insurance is also By Contract primary, we will share with all that other insurance by the method described in c. This insurance is primary if you have below. agreed in a written contract or written b. Excess Insurance agreement that this insurance be primary. If other insurance is also This insurance is excess over any of the other primary, we will share with all that insurance, whether primary, excess, other insurance by the method contingent or on any other basis: described in c. below. (1) Your Work (b)Primary And Non-Contributory To That is Fire, Extended Coverage, Builder's Other Insurance When Required By Risk, Installation Risk or similar coverage Contract for"your work"; If you have agreed in a written (2) Premises Rented To You contract, written agreement, or permit That is fire, lightning or explosion that this insurance is primary and non- contributory with the additional insurance for premises rented to you or temporarily occupied by you with insured's own insurance, this insurance permission of the owner; is primary and we will not seek contribution from that other insurance. Page 16 of 21 HG 00 01 09 16 AnA er nnn i rnn rnrvr nr.n i + /nn/r n_ n no a n,....r...., rw crrr.r my ew emeo I a..,.,.1, � .-., i G/7A/7n10 11 AnAO TAA /lr\T\ I D ..e 74 ..f 7n 61 UUNHF7407 Paragraphs (a) and (b) do not apply to computation, and send us copies at such other insurance to which the additional times as we may request. insured has been added as an additional 6. Representations insured. a. When You Accept This Policy When this insurance is excess, we will have no duty under Coverages A or B to defend By accepting this policy, you agree: the insured against any "suit" if any other (1) The statements in the Declarations are insurer has a duty to defend the insured accurate and complete; against that "suit". If no other insurer defends, (2) Those statements are based upon we will undertake to do so, but we will be representations you made to us; and entitled to the insured's rights against all (3) We have issued this policy in reliance those other insurers. upon your representations. When this insurance is excess over other b. Unintentional Failure To Disclose Hazards insurance, we will pay only our share of the amount of the loss, if any, that exceeds the If unintentionally you should fail to disclose all sum of: hazards relating to the conduct of your (1) The total amount that all such other business that exist at the inception date of insurance would pay for the loss in the this Coverage Part, we shall not deny absence of this insurance; and coverage under this Coverage Part because (2) The total of all deductible and self-insured of such failure. amounts under all that other insurance. 7. Separation Of Insureds We will share the remaining loss, if any, with Except with respect to the Limits of Insurance, any other insurance that is not described in and any rights or duties specifically assigned in this Excess Insurance provision and was not this Coverage Part to the first Named Insured, bought specifically to apply in excess of the this insurance applies: Limits of Insurance shown in the Declarations a. As if each Named Insured were the only of this Coverage Part. Named Insured; and c. Method Of Sharing b. Separately to each insured against whom If all of the other insurance permits claim is made or"suit" is brought. contribution by equal shares, we will follow 8. Transfer Of Rights Of Recovery Against this method also. Under this approach each Others To Us insurer contributes equal amounts until it has paid its applicable limit of insurance or none a. Transfer Of Rights Of Recovery of the loss remains, whichever comes first. If the insured has rights to recover all or part If any of the other insurance does not permit of any payment, including Supplementary contribution by equal shares, we will Payments, we have made under this contribute by limits. Under this method, each Coverage Part, those rights are transferred to insurer's share is based on the ratio of its us. The insured must do nothing after loss to applicable limit of insurance to the total impair them. At our request, the insured will applicable limits of insurance of all insurers. bring "suit" or transfer those rights to us and 5. Premium Audit help us enforce them. a. We will compute all premiums for this b. Waiver Of Rights Of Recovery (Waiver Of Coverage Part in accordance with our rules Subrogation) and rates. If the insured has waived any rights of b. Premium shown in this Coverage Part as recovery against any person or organization advance premium is a deposit premium only. for all or part of any payment, including At the close of each audit period we will Supplementary Payments, we have made compute the earned premium for that period under this Coverage Part, we also waive that and send notice to the first Named Insured. right, provided the insured waived their rights The due date for audit and retrospective of recovery against such person or premiums is the date shown as the due date organization in a contract, agreement or on the bill. If the sum of the advance and permit that was executed prior to the injury or audit premiums paid for the policy period is damage. greater than the earned premium, we will 9. When We Do Not Renew return the excess to the first Named Insured. If we decide not to renew this Coverage Part, we c. The first Named Insured must keep records of will mail or deliver to the first Named Insured the information we need for premium shown in the Declarations written notice of the HG 00 01 09 16 Page 17 of 21 nanClnnn i rnaruvrnno i *1/0/1/10-/n an c aaaot:.,o rncnnrTv MARTCP I AnneIo anrzo 16/24/2019 11.40.42 AM (COT1 I Paae 26 of 30 61 UUNHF7407 nonrenewal not less than 30 days before the c. All other parts of the world if the injury or expiration date. damage arises out of: If notice is mailed, proof of mailing will be (1) Goods or products made or sold by you in sufficient proof of notice. the territory described in a. above; SECTION V- DEFINITIONS (2) The activities of a person whose home is 1. "Advertisement" means the widespread public in the territory described in a. above, but is dissemination of information or images that has away for a short time on your business; or the purpose of inducing the sale of goods, (3) "Personal and advertising injury" offenses products or services through: that take place through the Internet or a. (1) Radio; similar electronic means of communication (2) Television; provided the insured's responsibility to pay damages is determined in the United States of (3) Billboard; America (including its territories and possessions), (4) Magazine; Puerto Rico or Canada, in a "suit" on the merits (5) Newspaper; or according to the substantive law in such territory or b. Any other publication that is given widespread in a settlement we agree to. public distribution. 7. "Employee" includes a "leased worker". "Employee" does not include a "temporary However, "advertisement" does not include: worker". a. The design, printed material, information or 8. "Employment-Related Practices" means: images contained in, on or upon the packaging or labeling of any goods or a. Refusal to employ that person; products; or b. Termination of that person's employment; or b. An interactive conversation between or c. Employment-related practices, policies, acts among persons through a computer network. or omissions, such as coercion, demotion, 2. "Advertising idea" means any idea for an evaluation, reassignment, discipline, "advertisement". defamation, harassment, humiliation, 3. "Asbestos hazard" means an exposure or discrimination or malicious prosecution threat of exposure to the actual or alleged directed at that person. properties of asbestos and includes the mere 9. "Executive officer" means a person holding any presence of asbestos in any form. of the officer positions created by your charter, 4. "Auto" means: constitution, by-laws or any other similar governing document. a. A land motor vehicle, trailer or semitrailer 10."Hostile fire" means one which becomes designed for travel on public roads, including uncontrollable or breaks out from where it was any attached machinery or equipment; or intended to be. b. Any other land vehicle that is subject to a 11."Impaired property" means tangible property, compulsory or financial responsibility law or other than "your product" or "your work", that other motor vehicle insurance law where it is cannot be used or is less useful because: licensed or principally garaged. However, "auto" does not include "mobile a. It incorporates "your product" or "your work" equipment". that is known or thought to be defective, deficient, inadequate or dangerous; or 5. "Bodily injury" means physical: b. You have failed to fulfill the terms of a a. Injury; contract or agreement; b. Sickness; or if such property can be restored to use by the c. Disease repair, replacement, adjustment or removal of sustained by a person and, if arising out of the "your product" or "your work", or your fulfilling the above, mental anguish or death at any time. terms of the contract or agreement. 6. "Coverage territory" means: 12."Insured contract" means: a. The United States of America (including its a. A contract for a lease of premises. However, territories and possessions), Puerto Rico and that portion of the contract for a lease of Canada; premises that indemnifies any person or b. International waters or airspace, but only if organization for damage by fire, lightning or the injury or damage occurs in the course of explosion to premises while rented to you or travel or transportation between any places temporarily occupied by you with permission included in a. above; or of the owner is subject to the Damage to Page 18 of 21 HG 00 01 09 16 .o.,clnnn I 1nn.Mr.roro I .1(on(10_on nn f Moo.1:.,e rncrrnrmv Mnemrp I n.,..otm I 6(9a(9n1Q 11•An.AA AM Irr1T1 i Part. 97 of 12 61 UUNHF7407 Premises Rented To You Limit described in 14."Loading or unloading" means the handling of Section III - Limits of Insurance; property: b. A sidetrack agreement; a. After it is moved from the place where it is c. Any easement or license agreement, accepted for movement into or onto an including an easement or license agreement aircraft, watercraft or"auto"; in connection with construction or demolition b. While it is in or on an aircraft, watercraft or operations on or within 50 feet of a railroad; "auto"; or d. An obligation, as required by ordinance, to c. While it is being moved from an aircraft, indemnify a municipality, except in connection watercraft or "auto" to the place where it is with work for a municipality; finally delivered; e. An elevator maintenance agreement; but "loading or unloading" does not include the f. That part of any other contract or agreement movement of property by means of a mechanical pertaining to your business (including an device, other than a hand truck, that is not indemnification of a municipality in connection attached to the aircraft, watercraft or"auto". with work performed for a municipality) under 15."Mobile equipment" means any of the following which you assume the tort liability of another types of land vehicles, including any attached party to pay for "bodily injury" or "property machinery or equipment: damage" to a third person or organization, provided the "bodily injury" or "property a. Bulldozers, farm machinery,forklifts and other damage" is caused, in whole or in part, by vehicles designed for use principally off public you or by those acting on your behalf. Tort roads; liability means a liability that would be b. Vehicles maintained for use solely on or next imposed by law in the absence of any to premises you own or rent; contract or agreement. c. Vehicles that travel on crawler treads; Paragraph f. includes that part of any contract d. Vehicles, whether self-propelled or not, or agreement that indemnifies a railroad for maintained primarily to provide mobility to "bodily injury" or "property damage" arising permanently mounted: out of construction or demolition operations, within 50 feet of any railroad property and (1) Power cranes, shovels, loaders, diggers or affecting any railroad bridge or trestle, tracks, drills; or road-beds, tunnel, underpass or crossing. (2) Road construction or resurfacing However, Paragraph f. does not include that equipment such as graders, scrapers or part of any contract or agreement: rollers; (1) That indemnifies an architect, engineer or e. Vehicles not described in a., b., c. or d. above surveyor for injury or damage arising out of: that are not self-propelled and are maintained (a) Preparing, approving, or failing to primarily to provide mobility to permanently prepare or approve, maps, shop attached equipment of the following types: drawings, opinions, reports, surveys, (1) Air compressors, pumps and generators, field orders, change orders or drawings including spraying, welding, building and specifications; or cleaning, geophysical exploration, lighting (b)Giving directions or instructions, or and well servicing equipment; or failing to give them, if that is the (2) Cherry pickers and similar devices used to primary cause of the injury or damage; raise or lower workers; or f. Vehicles not described in a., b., c. or d. above (2) Under which the insured, if an architect, maintained primarily for purposes other than engineer or surveyor, assumes liability for the transportation of persons or cargo. an injury or damage arising out of the However, self-propelled vehicles with the insured's rendering or failure to render following types of permanently attached professional services, including those listed equipment are not "mobile equipment" but will in (1) above and supervisory, inspection, „ „ architectural or engineering activities. be considered autos 13."Leased worker" means a person leased to you (1) Equipment designed primarily for: by a labor leasing firm under an agreement (a) Snow removal; between you and the labor leasing firm, to (b) Road maintenance, but not perform duties related to the conduct of your construction or resurfacing; or business. "Leased worker" does not include a (c) Street cleaning; "temporary worker". HG 00 01 09 16 Page 19 of 21 61 UUNHF7407 (2) Cherry pickers and similar devices (2) Work that has not yet been completed or mounted on automobile or truck chassis abandoned. However, "your work" will be and used to raise or lower workers; and deemed completed at the earliest of the (3) Air compressors, pumps and generators, following times: including spraying, welding, building (a) When all of the work called for in your cleaning, geophysical exploration, lighting contract has been completed. and well servicing equipment. (b)When all of the work to be done at the However, "mobile equipment" does not include job site has been completed if your any land vehicle that is subject to a compulsory contract calls for work at more than or financial responsibility law or other motor one job site. vehicle insurance law where it is licensed or (c) When that part of the work done at a principally garaged. Land vehicles subject to a job site has been put to its intended compulsory or financial responsibility law or other use by any person or organization motor vehicle insurance law are considered other than another contractor or "autos". subcontractor working on the same 16."Occurrence" means an accident, including project. continuous or repeated exposure to substantially Work that may need service, the same general harmful conditions. maintenance, correction, repair or 17."Personal and advertising injury" means replacement, but which is otherwise injury, including consequential "bodily injury", complete, will be treated as completed. arising out of one or more of the following b. Does not include "bodily injury" or "property offenses: damage" arising out of: a. False arrest, detention or imprisonment; (1) The transportation of property, unless the b. Malicious prosecution; injury or damage arises out of a condition c. The wrongful eviction from, wrongful entry in or on a vehicle not owned or operated into, or invasion of the right of private by you, and that condition was created by occupancy of a room, dwelling or premises the "loading or unloading" of that vehicle that a person or organization occupies, by any insured; committed by or on behalf of its owner, (2) The existence of tools, uninstalled landlord or lessor; equipment or abandoned or unused d. Oral, written or electronic publication, in any materials; or manner, of material that slanders or libels a (3) Products or operations for which the person or organization or disparages a classification, listed in the Declarations or person's or organization's goods, products or in a policy Schedule, states that products- services; completed operations are subject to the e. Oral, written or electronic publication, in any General Aggregate Limit. manner, of material that violates a person's 20."Property damage" means: right of privacy; a. Physical injury to tangible property, including f. Copying, in your "advertisement", a person's all resulting loss of use of that property. All or organization's "advertising idea" or style of such loss of use shall be deemed to occur at "advertisement"; or the time of the physical injury that caused it; g. Infringement of copyright, slogan, or title of or any literary or artistic work, in your b. Loss of use of tangible property that is not "advertisement". physically injured. All such loss of use shall 18."Pollutants" mean any solid, liquid, gaseous or be deemed to occur at the time of the thermal irritant or contaminant, including smoke, "occurrence" that caused it. vapor, soot, fumes, acids, alkalis, chemicals and As used in this definition, computerized or waste. Waste includes materials to be recycled, electronically stored data, programs or software reconditioned or reclaimed. are not tangible property. Electronic data means 19."Products-completed operations hazard": information, facts or programs: a. Includes all "bodily injury" and "property a. Stored as or on; damage" occurring away from premises you b. Created or used on; or own or rent and arising out of "your product" or"your work" except: c. Transmitted to or from; (1) Products that are still in your physical computer software, including systems and possession; or applications software, hard or floppy disks, CD- Page 20 of 21 HG 00 01 09 16 nQncTnnn 1 incrMrrrRAR +a/ln/1Q_9n RR r Ra ecl;nn racnAT.TY MASTER I Anncla [;ar7.a I 6/24/2019 11:40:48 AM ICDT1 I Paae 29 of 30 61 UUNHF7407 ROMS, tapes, drives, cells, data processing 25. "Your work": devices or any other media which are used with a. Means: electronically controlled equipment. 21."Suit" means a civil proceeding in which (1) Work or operations performed by you or on your behalf; and damages because of "bodily injury", "property damage" or "personal and advertising injury" to (2) Materials, parts or equipment furnished in which this insurance applies are alleged. "Suit" connection with such work or operations. includes: b. Includes a. An arbitration proceeding in which such (1) Warranties or representations made at damages are claimed and to which the any time with respect to the fitness, insured must submit or does submit with our quality, durability, performance or use of consent; or "your work", and b. Any other alternative dispute resolution (2) The providing of or failure to provide proceeding in which such damages are warnings or instructions. claimed and to which the insured submits with our consent. 22."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker" means a person who a. Is not your"employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24."Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b)Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment 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 (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. HG 00 01 09 16 Page 21 of 21 AQnclnnn I 1nnrMurnnO I *v/9n/1Q_9n nn r PACtTAITV MASTVP I n.,,.,ta nm,-,a I Ai9A/9/11Q 11.An AA AM M't1T1 I Part, 4n of 9n