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R2022-046 2022-03-07
RESOLUTION NO. R2022-46 A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract for grounds maintenance services (combined medians, right of way and facilities) with Econocuts, LLC, in the estimated amount of $99,670.40 for the period of March 8, 2022 through March 7, 2023. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids were obtained for grounds maintenance services. Section 2. That the City Council hereby awards a contract to Econocuts, LLC, in the estimated amount of $99,670.40. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the purchase of grounds maintenance services. PASSED, APPROVED and ADOPTED this the 7th day of March, A.D., 2022. _____________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ LESLIE CRITTENDEN INTERIM CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: BCE24888-89A2-4536-BD2D-142D53037D1C City of Pearland 351 9 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. 1122-10 Ground Maintenance of Critical Facilities and Buyout Lots THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home- rule municipal corporation ("City") and Contractor ("Contractor"), and consisting of the following parts: I.Summary of Contract Terms II.Signatures Il l. Standard Contractual Provisions IV.Special Terms and Conditions V.Additional Contract Attachments I.Summary of Contract Terms. Contractor: Description of Services: Contract Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: II.Signatures CITY OF PEARLAND Purchasing Officer *Signed by: __ Superintendent/Manager Director ECONOCUTS (The Campos Group LLC) 15716 S. Brentwood Channelview, TX 77530 Contractor will provide ground maintenance of critical facilities and buyout lots, for the City of Pearland, per the specifications of Bid #1122-10. Unit Price Contract, Estimated Amount of $99,670.40 March 8, 2022 March 7, 2023 Two (2) renewal option(s) available, upon mutual agreement of both parties. #1122-10 Date Date /Title: 1?r C<) i de \a::J: Date: 'I h/otl __ Deputy/Assistant City Manager __ City Manager *City Contract Signature Authority:Superintendent/Manager -up to $10,000 Director -$10,001 -$30,000 City Manager/Deputy/Assistant City Manager -$30,001 + City Council Resolution over $50,000 Service Contract Standard Form Page 1 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC 3/11/2022 | 8:51 AM CST 3/11/2022 | 9:34 AM CST X Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 7 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services (“Services”) in response to Request for Bid/Proposal #1122-10. (“Solicitation”), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Services in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Contract is for one (1) year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to two (2) additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an estimated amount of $99,670.40, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is in corporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Contract is as follows: Name: Sue Ellen Arredondo Department: Engineering & Public Works Phone: 281.652.1946 Email: sarredondo@pearlandtx.gov 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 7 Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the City’s Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (30) days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee’s written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Contract . The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6. Purchase Release Order. For multiple-release purchases of Services provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: the authorized City department or division shall se nd to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Services shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re- working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good mat erial and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is attached to this is incorporated into this Contract. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited wit hout the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 7 City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adop ted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Services in its own m anner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors unless the subcontractors were identified in the bid/quote/proposal or approved by the Contract Administrator . 13. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Dante Prescod Title: ROW Superintendent Address: 3501 East Orange Street, Pearland, TX 77581 Phone: 281.652.1907 IF TO CONTRACTOR: ECONOCUTS (The Campos Group LLC) Attn: Christophe Merriam Title: Sales Address: 15716 S. Brentwood, Channelview, TX 77530 Phone: 281.862.2887 17. Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 7 CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY T O THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD- PARTY DEFENDANT AS ALLOWED BY LAW. 18. Dispute Resolution Procedures. The Contractor and City desire an exped itious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one -half of the mediator’s fees. 19. Attorney’s Fees. Should either party to this Contra ct bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney’s fees or other costs relating to the suit. 20. Termination. (A) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City’s own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (B) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with i ts terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default f ails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by writ ten notice to the other party, specifying the date of termination. Termination of this Contract pursuant this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 21. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 22. Limitation of Liability. The City’s maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 7 24. Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 25. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Contract (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Contract if required by said statute for items approved by the City Council. 27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 29. Public Information Act Requirements. This paragraph applies only to Contracts that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at le ast $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 30. Entire Agreement. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. None. V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 7 of 7 Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP/Bid #1122-10. Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC ATTACHMENT A – SCOPE OF WORK Scope of services shall consist of the contractor to provide ground maintenance of critical facilities and buyout lots, for the City of Pearland, per the specifications of Bid #1122 -10. Pricing is as follows per contractor’s response to the same, as listed per Attachment B. DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC ATTACHMENT B – BID/PRICING SCHEDULE DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC ATTACHMENT C – INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor’s policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. Type of Insurance Amount of Insurance Provisions 1. Workers’ Compensation Employers’ Liability Statutory Limits $100,000 per occurrence City to be provided a WAIVER OF SUBROGATION and 30-day notice of cancellation or material change in coverage. 2. Commercial General (Public) Liability to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $1,000,000 City to be listed as additional insured and provided 30-day notice of cancellation or material change in coverage. City shall be provided 30-day notice of cancellation or material change in coverage. 3. Business Auto Liability to include coverage for: a) Owned/Leased vehicles b) Non-owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 Certificate of Insurance forms may be sent to Purchasing Department. DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC ATTACHMENT D – WARRANTY Items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC Bid 1122-10 Specification Responses ECONOCUTS (The Campos Group LLC) Line Description UOM QTY Unit Extended 1 Buy-Out Lots 1 1 $40,510.40 $40,510.40 1.1 IH-327 Corrigan Subdivision 5705 Colmesneil EA 35 $10.36 1.2 IH-328 Corrigan Subdivision 5703 Colmesneil EA 35 $10.36 1.3 IH-329 Corrigan Subdivision 5702 Woodville EA 35 $10.36 1.4 IH-330 Corrigan Subdivision 5701 Colmesneil EA 35 $10.36 1.5 IH-331 Corrigan Subdivision 5604 Woodville EA 35 $10.36 1.6 IH-332 Corrigan Subdivision 5603 Colmesneil EA 35 $10.36 1.7 IH-333 Corrigan Subdivision 5601 Colmesneil EA 35 $10.36 1.8 IH-334 Corrigan Subdivision 5411 Camden EA 35 $10.36 1.9 IH-335 Corrigan Subdivision Co5409 Camden EA 35 $10.36 1.10 IH-336 Corrigan Subdivision 5408 Carmona EA 35 $10.36 1.11 IH-337 Corrigan Subdivision 5408 Camden EA 35 $10.36 1.12 IH-338 Corrigan Subdivision 5406 Apple Springs EA 35 $10.36 1.13 IH-339 Corrigan Subdivision 5405 Carmona EA 35 $10.36 1.14 IH-340 Corrigan Subdivision 5405 Apple Springs EA 35 $10.36 1.15 IH-341 Corrigan Subdivision 5404 Camden EA 35 $10.36 1.16 IH-342 Corrigan Subdivision 5404 Apple Springs EA 35 $10.36 1.17 IH-343 Corrigan Subdivision 5403 Leggett EA 35 $10.36 1.18 IH-344 Corrigan Subdivision 5402 Leggett EA 35 $10.36 1.19 IH-345 Corrigan Subdivision 5402 Carmona EA 35 $10.36 1.20 IH-346 Corrigan Subdivision 5401 Leggett EA 35 $10.36 1.21 IH-347 Corrigan Subdivision 5401 Apple Springs EA 35 $10.36 1.22 IH-348 Corrigan Subdivision 5310 Leggett EA 35 $10.36 1.23 IH-349 Corrigan Subdivision 5308 Carmona EA 35 $10.36 1.24 IH-350 Corrigan Subdivision 5305 Apple Springs EA 35 $10.36 1.25 IH-351 Corrigan Subdivision 5001 Apple Springs EA 35 $10.36 1.26 IH-352 Corrigan Subdivision 3001 Livingston EA 35 $10.36 1.27 IH-353 Corrigan Subdivision 2913 Livingston EA 35 $10.36 1.28 IH-354 Corrigan Subdivision 2901 Chester EA 35 $10.36 1.29 IH-355 Corrigan Subdivision 2816 Neches River EA 35 $10.36 1.30 IH-356 Corrigan Subdivision 2815 Livingston EA 35 $10.36 1.31 IH-357 Corrigan Subdivision 2814 Neches River EA 35 $10.36 1.32 IH-358 Corrigan Subdivision 2812 Neches River EA 35 $10.36 1.33 IH-359 Corrigan Subdivision 2806 Neches River EA 35 $10.36 1.34 IH-360 Corrigan Subdivision 2801 Chester EA 35 $10.36 1.35 IH-361 Green Tee Subdivision 2613 Green Tee EA 35 $10.36 1.36 IH-362 Green Tee Subdivision 2612 Green Tee EA 35 $10.36 1.37 IH-363 Green Tee Subdivision 2611 Green Tee EA 35 $10.36 1.38 IH-364 Green Tee Subdivision 2610 Green Tee EA 35 $10.36 1.39 IH-365 Green Tee Subdivision 2608 Green Tee (to Vanco)EA 35 $10.36 1.40 IH-366 Green Tee Subdivision 2606 Green Tee EA 35 $10.36 1.41 IH-367 Green Tee Subdivision 2605 Green Tee EA 35 $10.36 1.42 IH-368 Green Tee Subdivision 2604 Green Tee EA 35 $10.36 1.43 IH-369 2341 Max Rd.EA 35 $40.00 1.44 IH-370 2333 Hawk Meadows EA 35 $10.36 1.45 IH-371 Regal Oaks Subdivision 3208 Regal Oaks EA 35 $10.36 1.46 IH-372 Regal Oaks Subdivision 3205 Regal Oaks EA 35 $10.36 1.47 IH-373 Regal Oaks Subdivision 3203 Regal Oaks EA 35 $10.36 1.48 IH-374 Regal Oaks Subdivision 3202 Regal Oaks EA 35 $10.36 1.49 IH-375 Regal Oaks Subdivision 3201 Regal Oaks EA 35 $10.36 1.50 IH-376 Ryan Acres Subdivision 5201 Ryan Acres EA 35 $10.36 1.51 IH-377 Ryan Acres Subdivision 5101 Ryan Acres EA 35 $10.36 1.52 IH-378 Ryan Acres Subdivision 5001 Ryan Acres EA 35 $10.36 1.53 IH-379 Shadycrest Subdivision 2103 W. Mary's Creek EA 35 $10.36 1.54 IH-380 Shadycrest Subdivision 3401 Longherridge EA 35 $10.36 1.55 IH-381 Sleepy Hollow Subdivision 2605 Sleepy Hollow EA 35 $10.36 1.56 IH-382 Sleepy Hollow Subdivision 2605 Rip Van Winkle EA 35 $10.36 1.57 IH-383 Sleepy Hollow Subdivision 2604 Yost EA 35 $10.36 1.58 IH-384 Sleepy Hollow Subdivision 2202 Sleepy Hollow EA 35 $10.36 1.59 IH-385 Sleepy Hollow Subdivision 2007 Sleepy Hollow EA 35 $10.36 1.60 IH-386 Sleepy Hollow Subdivision 2005 Sleepy Hollow EA 35 $10.36 1.61 IH-387 Sleepy Hollow Subdivision 2003 Sleepy Hollow EA 35 $10.36 1.62 IH-388 Sleepy Hollow Subdivision 2001 Sleepy Hollow EA 35 $10.36 1.63 IH-389 Sleepy Hollow Subdivision 1921 Sleepy Hollow EA 35 $10.36 1.64 IH-390 Sleepy Hollow Subdivision 1919 Sleepy Hollow EA 35 $10.36 1.65 IH-391 Sleepy Hollow Subdivision 1917 Sleepy Hollow EA 35 $10.36 1.66 IH-392 Sleepy Hollow Subdivision 1915 Sleepy Hollow EA 35 $10.36 1.67 IH-393 Sleepy Hollow Subdivision 1913 Sleepy Hollow EA 35 $10.36 1.68 IH-394 Sleepy Hollow Subdivision 1911 Sleepy Hollow EA 35 $10.36 1.69 IH-395 Sleepy Hollow Subdivision 1909 Sleepy Hollow EA 35 $10.36 1.70 IH-396 Sleepy Hollow Subdivision 1902 Sleepy Hollow EA 35 $10.36 1.71 IH-397 Twin Creek Subdivision 3442 Lethbridge EA 35 $10.36 1.72 IH-398 Twin Creek Subdivision 3431 Meadowville EA 35 $10.36 1.73 IH-399 Twin Creek Subdivision 3430 Lethbridge EA 35 $10.36 1.74 IH-400 Twin Creek Subdivision 3427 Robinson EA 35 $10.36 ATTACHMENT BDocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC 1.75 IH-401 Twin Creek Subdivision 3422 Meadowville EA 35 $10.36 1.76 IH-402 Twin Creek Subdivision 3514 Robinson EA 35 $10.36 1.77 IH-403 Twin Creek Subdivision 3508 Robinson EA 35 $10.36 1.78 IH-404 Twin Creek Subdivision 3423 Robinson EA 35 $10.36 1.79 IH-405 Twin Creek Subdivision 3421 Robinson EA 35 $10.36 1.80 IH-406 Twin Creek Subdivision 3421 Meadowville EA 35 $10.36 1.81 IH-407 Twin Creek Subdivision 3420 Meadowville EA 35 $10.36 1.82 IH-408 Twin Creek Subdivision 3418 Meadowville EA 35 $10.36 1.83 IH-409 Twin Creek Subdivision 3403 Meadowville EA 35 $10.36 1.84 IH-410 Twin Creek Subdivision 3402 Robinson EA 35 $10.36 1.85 IH-411 Twin Creek Subdivision 3305 Glastonbury EA 35 $10.36 1.86 IH-412 Twin Creek Subdivision 3302 Glastonbury EA 35 $10.36 1.87 IH-413 Twin Creek Subdivision 3226 Glastonbury EA 35 $10.36 1.88 IH-414 Twin Creek Subdivision 3219 Glastonbury EA 35 $10.36 1.89 IH-415 Twin Creek Subdivision 3206 Wheatridge EA 35 $10.36 1.90 IH-416 Twin Creek Subdivision 3203 Bishopton Circle EA 35 $10.36 1.91 IH-417 Twin Creek Subdivision 3205 Bishopton Circle EA 35 $10.36 1.92 IH-418 Twin Creek Subdivision 3120 Bishopton Circle EA 35 $10.36 1.93 IH-419 Twin Creek Subdivision 3112 Glastonbury EA 35 $40.00 1.94 IH-420 Twin Creek Subdivision 3112 Bishopton Circle EA 35 $10.36 1.95 IH-421 Twin Creek Subdivision 3110 Bishopton Circle EA 35 $10.36 1.96 IH-422 Twin Creek Subdivision 3106 Glastonbury EA 35 $10.36 1.97 IH-423 Twin Creek Subdivision 3104 Glastonbury EA 35 $10.36 1.98 IH-424 Twin Creek Subdivision 1141 Nancy EA 35 $10.36 1.99 IH-425 Twin Creek Subdivision 1136 Union Valley EA 35 $10.36 1.100 IH-426 Twin Creek Subdivision 1162 Glenda EA 35 $10.36 1.101 IH-427 Twin Creek Subdivision 1134 Nancy EA 35 $10.36 1.102 IH-428 Twin Creek Subdivision 1106 Robert EA 35 $10.36 1.103 IH-429 Twin Creek Subdivision 3304 Robinson EA 35 $10.36 1.104 IH-430 Twin Creek Subdivision 3306 Robinson EA 35 $10.36 1.105 IH-431 3718 E. Walnut St.EA 35 $10.36 1.106 IH-432 3808 E. Walnut St.EA 35 $10.36 2 CRITICAL FACILITIES - Water Production Facilities 1 1 $21,000.00 $21,000.00 2.1 IH-216 518 1751 Broadway EA 24 $50.00 2.2 IH-217 Green Tee Bogey Way @ Scarsdale EA 24 $10.00 2.3 IH-218 City Hall 3501 Liberty Dr EA 24 $50.00 2.4 IH-219 Magnolia 3812 Magnolia Dr EA 24 $50.00 2.5 IH-220 Southeast 3945 Bailey Rd EA 24 $50.00 2.6 IH-221 McLean 2838 McLean Rd EA 24 $80.00 2.7 IH-222 Old City Hall 2335 N. Texas Ave EA 24 $15.00 2.8 IH-223 Alice 3702 Alice EA 24 $200.00 2.9 IH-224 Garden Road 13711 Garden EA 24 $60.00 2.10 IH-225 Cullen 2529 Cullen EA 24 $80.00 2.11 IH-226 Country Place 407 Chickory Wood Ct.EA 24 $50.00 2.12 IH-227 South down 3001 E. Belgravia Dr.EA 24 $20.00 2.13 IH-228 Kirby 3110 Kirby Dr.EA 24 2.14 IH-229 521 1907 FM 521 EA 24 $150.00 2.15 IH-443 Surface Water Pilot Plant Site 4050 CR 48 EA 24 $10.00 3 CRITICAL FACILITIES - Water Reclamation Facilities 1 1 $17,520.00 $17,520.00 3.1 IH-230 Long Wood 2727 Dixie Farm Road EA 24 $70.00 3.2 IH-231 Barry Rose Intersection of Barry Rose and Pearland Parkway EA 24 $110.00 3.3 IH-232 JHEC (John Hardgrove Environmental Center) 5900 Magnolia EA 24 $180.00 3.4 IH-233 Southdown 3711 Soho Dr EA 24 $70.00 3.5 IH-234 Far Northwest 12201 Reflection Bay EA 24 $300.00 4 CRITICAL FACILITIES - Lift Stations 1 1 $20,640.00 $20,640.00 4.1 IH-235 River walk 3424 Riverside Dr EA 24 $6.00 4.2 IH-236 Sunset Lakes 3911 Gulfton / Dunlavy EA 24 $6.00 4.3 IH-237 Sunset Meadow 1310 Chelsea Lane EA 24 $6.00 4.4 IH-238 Royal Oak Apartments 1302.5 Broadway EA 24 $6.00 4.5 IH-239 Pine Hollow 3711 Pine Lawn EA 24 $6.00 4.6 IH-240 Barnett Drywall East 1329 Broadway EA 24 $6.00 4.7 IH-241 Barnet Drywall west 1331 Broadway EA 24 $6.00 4.8 IH-242 Dixie Farm North 3200 Dixie Farm EA 24 $6.00 4.9 IH-243 Dixie Farm South 4650 Dixie Farm EA 24 $6.00 4.10 IH-244 New Elementary (Stevenson) 2535 Stevenson Rd (across from)EA 24 $6.00 4.11 IH-245 Oakbrook Estates 1800 Branch Hill Dr EA 24 $6.00 4.12 IH-246 Bellavita 1254 N. Riviera Dr (next to)EA 24 $6.00 4.13 IH-247 2915 Green Tee 2915 Green Tee Dr.EA 24 $6.00 4.14 IH-248 2719 Green Tee (Green Tee) 2719 Green Tee Dr EA 24 $6.00 4.15 IH-249 2401.5 Champion (Green Tee) 2401.5 Champion EA 24 $6.00 4.16 IH-250 2202 Golfcrest (Green Tee) 2202 Golf Crest EA 24 $6.00 4.17 IH-251 2808 Country Club (Green Tee) 2442 Country Club EA 24 $6.00 4.18 IH-252 River Stone 1898 Riverstone Falls EA 24 $6.00 4.19 IH-253 Pirates Alley (Remax) 2437 Broadway EA 24 $6.00 4.20 IH-254 3901 Liberty (Independence Park) 3901 Liberty Dr EA 24 $6.00 4.21 IH-255 Liberty 3420 Liberty EA 24 $6.00 4.22 IH-256 2330 Parkview (Pasternak Park) 2330 Parkview Dr EA 24 $6.00 4.23 IH-257 Marys Creek (2003 Longherridge) 2003 Longherridge (across from)EA 24 $6.00 4.24 IH-258 3911 Towne Lake Near Pearland Pkwy and Rayburn Lake Ct EA 24 $6.00 DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC 4.25 IH-259 Towne Lake 3080 Conroe Lake EA 24 $6.00 4.26 IH-260 Village Mary's Creek 3438 Mary's Village EA 24 $6.00 4.27 IH-261 Banbury Cross (Tower Bridge) 2810 Dawn EA 24 $6.00 4.28 IH-262 Clear Creek Park 2602 Pebble Creek EA 24 $6.00 4.29 IH-263 Whispering Winds Apartments Intersection of Whispering Winds and Whispering Oaks EA 24 $6.00 4.30 IH-264 Chilie's Restaurant 2709 Broadway EA 24 $6.00 4.31 IH-265 Alvin Pump Intersection of Carrie Ln and Bounds Dr EA 24 $6.00 4.32 IH-267 Veterans II 3331 Veterans EA 24 $6.00 4.33 IH-269 Park Village 3930 McLean EA 24 $6.00 4.34 IH-272 Walnut 2546 Walnut (next to)EA 24 $6.00 4.35 IH-273 Blockbuster (Old K-Mart) 2000 Main St EA 24 $6.00 4.36 IH-274 Super Walmart 1919 Main St EA 24 $6.00 4.37 IH-275 4216 Rice Drier Rd. 4216 Rice Drier Rd.EA 24 $6.00 4.38 IH-276 Knapp West 4015 Knapp (next to)EA 24 $6.00 4.39 IH-277 Knapp East 3830 Knapp EA 24 $6.00 4.40 IH-278 Main St (Race Way) 1016 Main EA 24 $6.00 4.41 IH-279 1836 Highland Glen Intersection of Highland Glen Ln and Wind Chase Ln EA 24 $6.00 4.42 IH-280 Glastonbury I 3310 Glastonbury (next to)EA 24 $6.00 4.43 IH-281 Glastonbury II (Wood Thrush) 1100 Glastonbury EA 24 $6.00 4.44 IH-283 Preserve @ Highland glenn 1629 Bluestone Edge Ln EA 24 $6.00 4.45 IH-284 Old Twin Creek Park 3203 Wheatridge EA 24 $100.00 4.46 IH-285 Fuqua Water pump Intersection of Pearland Parkway and Fuqua St EA 24 $6.00 4.47 IH-288 Mykawa @ Scott Intersection of Mykawa and Scott EA 24 $6.00 4.48 IH-290 Hatfield 1 13600 Hatfield EA 24 $6.00 4.49 IH-292 Hatfield 3 2637 Hatfield EA 24 $6.00 4.50 IH-293 Corrigan storm water 3103 Hatfield (next to)EA 24 $6.00 4.51 IH-294 Centennial Village 3201 Centennial Village Dr EA 24 $6.00 4.52 IH-295 Village Grove 5825 Vinyard Hill EA 24 $6.00 4.53 IH-297 Alice @ Oday Intersection of O'Day and Rice EA 24 $6.00 4.54 IH-298 2501 Garden Rd 2705 Garden (across from)EA 24 $6.00 4.55 IH-300 3127.5 English oaks 3127.5 English Oaks EA 24 $6.00 4.56 IH-301 6623 Old oaks 6623 Old Oaks Blvd EA 24 $6.00 4.57 IH-302 West Lea 3913 Bluebird Way (next to)EA 24 $6.00 4.58 IH-303 West Marys Creek Storm Drain Intersection of Magnolia and FM 1128 (Manvel Rd)EA 24 $6.00 4.59 IH-304 Albertsons/Food Town 7107 Broadway EA 24 $6.00 4.60 IH-305 7404 Max 7404 Hughes Ranch Rd EA 24 $6.00 4.61 IH-306 Hickory Slough storm water 7600 Hughes Ranch Rd EA 24 $6.00 4.62 IH-307 West Gate (7737 W. Broadway) 7737 Broadway EA 24 $6.00 4.63 IH-308 2810 Tranquility Lakes 2800 Tranquility Lake Blvd EA 24 $6.00 4.64 IH-309 Cullen 2700 Cullen EA 24 $10.00 4.65 IH-310 Crystal lake north 1203 Crystal Lake Circle E. (next to)EA 24 $6.00 4.66 IH-311 Crystal lake west 3903 Crystal Lake Circle S. (across from)EA 24 $6.00 4.67 IH-312 Village of edge water 3400 Irish Shores EA 24 $6.00 4.68 IH-313 Sunrise lake 9334 Sundown Dr.EA 24 $6.00 4.69 IH-314 2814 Miller Ranch 9909 Broadway (behind)EA 24 $6.00 4.70 IH-316 South Hampton 9800 Fair Brook Way EA 24 $6.00 4.71 IH-317 Southdown 3212 Southdown Dr EA 24 $6.00 4.72 IH-318 Autumn Lake 2355 Harrington EA 24 $6.00 4.73 IH-319 Smith Ranch Road 2300 Smith Ranch Rd EA 24 $6.00 4.74 IH-320 Country Place I Intersection of S. Peach Hollow and Post Wood Ln.EA 24 $6.00 4.75 IH-321 Country Place II 510 Country Place Blvd. (across from)EA 24 $6.00 4.76 IH-322 Country Place water pump 502 Chickory Field Ln.EA 24 $6.00 4.77 IH-323 Shadow Creek Intersection of Biscayne Bay and Eagle Cove Dr.EA 24 $6.00 4.78 IH-324 Southgate 11516 Carson EA 24 $6.00 4.79 IH-325 Kirby Intersection of Kirby and Fruge EA 24 $20.00 4.80 IH-326 Beltway 8 10200 S. Sam Houston Parkway E. (Beltway 8)EA 24 $6.00 4.81 IH-444 Business Center Drive Lift Station 3321 Business Center Dr EA 24 $6.00 4.82 IH-443 County Road 48 3720 County Road 48 EA 24 $250.00 4.83 IH-445 Massey Lakes Estates Lift Station Across from 3825 Manvel Rd EA 24 $6.00 4.84 IH-455 SOHO Lift Station EA 24 $6.00 Total $99,670.40 DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC 06/28/2021 Highpoint Insurance Group, LLC. 4300 FM 2351 Friendswood TX 77546 Anna Rivera, CISR (281)204-8770 (281)204-8810 arivera@hpigrp.com Merriam Group, LLC, DBA: EconoCuts ELM Landscape Management, EconoCuts Landscape Management 15716 S Brentwood St Channelview TX 77530 State Automobile Mutual Insurance Co.25135 Texas Mutual Insurance Company 22945 Acadia Insurance Company 31325 RSVD 2021 MASTER CERT A X X X 10075488CP 05/31/2021 05/31/2022 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 Herb Pesticide 100,000 A X X X 10075498CA 05/31/2021 05/31/2022 1,000,000 A X X 10075505CU 05/31/2021 05/31/2022 5,000,000 5,000,000 B N 0001270404 05/31/2021 05/31/2022 X 1,000,000 1,000,000 1,000,000 C Contractor's Equipment CNA4745104-14 05/31/2021 05/31/2022 Equipment $138,519 The General Liability and Auto policies include blanket automatic additional insured per SL1001021, BA30001215 endorsements. The General Liability, Auto, and Workers’ Compensation policies include blanket automatic waiver of subrogation coverage per SL1001021, BA300001215 And WC420304. The General Liability includes a blanket primary and non-contributory coverage per endorsement. The Excess policy is follow-form over the General Liability, Auto Liability, and Employers Liability policies. All such coverages are provided to the certificate holder only when there is a written contract or agreement between the named insured and the certificate holder that requires such status and/or coverage. H Smyrl, CPCU, CIC/ME City of Pearland 3519 Liberty Drive Pearland, TX 77581 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS,LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATIONS (INCLUDING COMPLETED OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Person(s)Or Location(s)Of Covered Operations Organization(s) Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A.The words "you"and "your"as used in this endorsement refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under the policy to which this endorsement is attached."You"and "your"do not refer to an additional insured. B.Section II -Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule at the location(s)designated above,but such person or organization is an additional insured only with respect to: 1.Liability for "bodily injury","property damage",or "personal injury and advertising injury"caused,in whole or in part,by a.Your acts or omissions;or b.The acts or omissions of those acting on your behalf: in the performance of your ongoing operations. A person's or organization's status as an additional insured for ongoing operations ends when your operations for that additional insured are completed. 2.Liability for "bodily injury"or "property damage"caused in whole or in part,by "your work"included in the "products-completed operations hazard"when you and such person or organization have agreed in a written contract or written agreement that you are required to provide the additional insured with such coverage. 3.With respect to the insurance afforded to the additional insured described above,the following additional exclusions or limitations apply: a.The insurance applies only to the extent permitted by law; b.This insurance does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of the rendering of,or the failure to render any professional engineering, architectural or surveying services by you or others on your behalf,including: (1)The preparing,approving,failing to prepare or approve,maps,shop drawings,opinions,reports, surveys,field orders,change orders,or drawings and specifications;or (2)Supervisory or inspection activities performed as part of any related architectural or engineering activities. However,professional services do not include services within construction means,methods,techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. SL1023 (12/15)Page 1 of 2 *//*SL1023-201512 Includes copyrighted material of Insurance Services Office,with its permission 16 Printed: 11/17/16 08:11:18 DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring,employment,training or monitoring of others by that insured,if the "occurrence"which caused the "bodily injury"or "property damage",or the offense which caused the "personal and advertising injury",involved the rendering of or the failure to render any professional architectural,engineering or surveying services. c.This insurance does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of the sole negligence or willful misconduct of,or for defects in design provided by,the additional insured or its "employees". d.With respect to the person or organization added as an additional insured by this endorsement,the definition of "insured contract"under -is amended as follows:Section V -Definitions (1)9.f.Paragraph does not apply to "bodily injury"or "property damage"included within the "products-completed operations hazard"unless such contractual assumption of liability is specifically required by a written contract or written agreement. (2)9.fUnderparagraph,any such part of a contract or agreement shall only be considered an "insured contract"to the extent your assumption of the tort liability is permitted by law. e.The insurance as provided in this endorsement does not apply to "bodily injury","property damage" or "personal and advertising injury"caused by "your work"for which a consolidated (wrap-up) insurance program has been provided by the prime contractor,project manager or owner of a construction project in which you are involved. f.This insurance will not be broader than that which you are required by a contract or agreement to provide for such additional insured. 4.This insurance does not apply to "bodily injury"or "property damage"caused by "your work"included in the "products-completed operations hazard"unless you are required to provide such coverage for the additional insured by a written contract or written agreement.The contract or agreement must be in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought.Coverage for the additional insured is provided only for the lesser of:the period of time(i) required by such contract or agreement;or the end of the policy period.(ii) 5.Section III -With respect to the insurance afforded to an additional insured the following is added to Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a.Required by the contract or agreement you have entered into with the additional insured;or b.Available under the applicable Limit of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 6.With respect to the coverage provided under this endorsement to the additional insured,the following is added to paragraph ,of4.a.,Other Insurance Section IV -Commercial General Liability Conditions: However,this insurance is primary to and will not seek contribution from any other insurance available to a person or organization added as an additional insured under the terms of this endorsement provided that: (1)The person or organization is a Named Insured under such other insurance;and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 7.As a condition of coverage,each additional insured must: a.Give us prompt written notice of any "occurrence"or offense which may result in a claim and prompt written notice of "suit". b.Immediately forward all legal papers to us,cooperate in the investigation or settlement of the claim or defense against the "suit,"and otherwise comply with policy conditions. c.Tender the defense and indemnity of any claim or "suit"to any other insurer which also insures against a loss we cover under this endorsement.This includes,but is not limited to,any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured under any applicable policy definition.For purposes of this requirement,the term "insures against"refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss,regardless of whether the additional insured has actually requested,demanded,or targeted tender that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d.Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. SL1023 (12/15)Page 2 of 2 *//*SL1023-201512 Includes copyrighted material of Insurance Services Office,with its permission 17 Printed: 11/17/16 08:11:18 DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A.The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B.The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". Policy Number: 10075498CA DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC COMMERCIAL AUTO BA 30 00 12 15 BA 30 00 12 15 Page 1 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO POLICY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: CONTENTS: ADDITIONAL INSURED – AUTOMATIC STATUS B. BROADENED INSURED C.DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS CONDITION D.. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS E.RESULTANT MENTAL ANGUISH F.AMENDMENT OF FELLOW EMPLOYEE LIABILITY EXCLUSION G.EMPLOYEES AS INSUREDS H.EMPLOYEE HIRED AUTOS I.INCREASED BAIL BONDS AND LOSS OF EARNINGS J.INCREASED TRANSPORTATION EXPENSE – TOTAL THEFT OF A COVERED AUTO K.INCREASED LOSS OF USE EXPENSE L.ACCIDENTAL DISCHARGE OF AIRBAG COVERAGE M.GLASS REPAIR DEDUCTIBLE WAIVER N.COLLISION DEDUCTIBLE WAIVER O.INCREASED LIMIT FOR ELECTRONIC EQUIPMENT P.TOWING Q.AUTO LOAN/LEASE GAP COVERAGE R.PERSONAL EFFECTS COVERAGE S.LOCKSMITH SERVICES T.TAPES, RECORDS AND DISCS COVERAGE U.HIRED AUTO PHYSICAL DAMAGE V.HIRED PRIVATE PASSENGER AUTOS AND LIGHT TRUCKS – WORLDWIDE COVERAGE W.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US A. Policy Number: 10075498CADocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC BA 30 00 12 15 Page 2 of 6 A. ADDITIONAL INSURED – AUTOMATIC STATUS Item A.1.c. of SECTION II –COVERED AUTOS LIABILITY COVERAGE,WHO IS AN INSURED is deleted and replaced with the following: c.Anyone liable for the conduct of an “insured” described above but only to the extent of that liability. This includes, but is not limited to, any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract or a written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured under this policy only with respect to liability caused in whole or in part by your acts or omissions in the performance of your ongoing operations for the additional insured. A person or organization’s status as an additional insured for ongoing operations under this policy ends when your operations for the additional insured are completed or when this policy is cancelled, whichever occurs first. B. BROADENED INSURED The following paragraph is added to SECTION II –A.1. WHO IS AN INSURED: d.Any organization of yours, other than a partnership or joint venture, of which you own a financial interest of more than 50% as of the effective date of this Coverage part, will qualify as an “insured”. However, such organization will not qualify as an “insured” if it is also an “insured” under another policy, other than a policy written to apply specifically in excess of this Coverage Part or would be an “insured” under such policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as an “insured” only while you own a financial interest of more than 50% in the organization during the policy period. e.Any organization that is acquired or formed by you, other than a partnership or joint venture, of which you own a financial interest of more than 50% will qualify as an “insured”. However, such organization will not qualify as an “insured” if it is also an “insured” under another policy, other than a policy written to apply specifically in excess of this Coverage Part or would be an “insured” under such policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as an “insured” only while you own a financial interest of more than 50% in the organization during the policy period. This provision does not include: (1)any organization 180 days or more after its acquisition or formation;or (2)“bodily injury”, “property damage” or “covered pollution cost or expense” caused by an “accident” that occurred before you acquired or formed the organization. C. DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS CONDITION The following paragraph is added to the end of Paragraph A. 2., SECTION IV – BUSINESS AUTO CONDITIONS: Your obligation to notify us promptly of an “accident”, claim, “suit” or “loss” is Policy Number: 10075498CA DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC BA 30 00 12 15 Page 3 of 6 satisfied if you send us written notice as soon as practicable after any of your executive officers, directors, partners, insurance managers, legal representatives, or “employees” authorized by you to give or receive notices becomes aware of or should have become aware of such “accident”, claim, “suit” or “loss”. If you report an “accident” or “loss” to your workers compensation insurer which later becomes a claim under this coverage part, failure to report such “accident” or “loss” to us at the time of the “accident” or “loss” will not be considered a violation of this Condition, if you notify us as soon as practicable when you become aware that the “accident” or “loss” has become a liability claim. D. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following paragraph is added to Paragraph B. of SECTION IV – BUSINESS AUTO CONDITIONS: Based on our reliance on your representations of existing hazards, if you unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. E. RESULTANT MENTAL ANGUISH The definition of “bodily injury” is SECTION V- DEFINITIONS is replaced by the following” “Bodily injury” means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. F. AMENDMENT OF FELLOW EMPLOYEE LIABILITY EXCLUSION The Fellow Employee Exclusion contained in Section II – Covered Autos Liability Coverage does not apply if the “bodily injury” results from the use of a covered “auto” you own or hire. The insurance granted under this provision is excess over any other collectible insurance G. EMPLOYEES AS INSUREDS The following is added to the SECTION II –COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured provision: Any “employee” of yours is an “insured” while using a covered “auto” you don’t own, hire or borrow in your business or your personal affairs. H. EMPLOYEES HIRED AUTOS The following is added to the SECTION II –COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured provision: Any “employee” of yours is an “insured” while operating an “auto” hired or rented under a contract or agreement in that “employee’s” name, with your permission, while performing duties related to the conduct of your business. SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5.b. Other Insurance is replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered “autos” you own: 1.Any covered “auto” you lease, hire, rent or borrow; and 2.Any covered “auto” hired or rented by your “employee” under a contract in that individual “employee’s” name, with your permission, while performing duties related to the conduct of your business. However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered “auto”. I. INCREASED BAIL BONDS AND LOSS OF EARNINGS SECTIONII–COVEREDA8TOS LIABILITYCOVERAGE,A.2.Coverage Extensions,a.Supplementary Paymentsisamendedby: Policy Number: 10075498CADocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC BA 30 00 12 15 Page 4 of 6 1.Replace the $2,000 limit for cost of bail bonds with $5,000 in paragraph (2); and 2.Replace the $250 a day limit for reasonable expenses including actual loss of earnings with $500 a day in paragraph (4). J. INCREASED TRANSPORTATION EXPENSE – TOTAL THEFT OF A COVERED AUTO SECTION III – PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, a. Transportation Expenses, is amended by replacing $20 per day with $60 per day, and the $600 maximum with $1,800 maximum. This extension applies to all covered “autos” with a Gross Vehicle Weight of less than 10,001 pounds. K. INCREASED LOSS OF USE EXPENSES SECTION III – PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, b. Loss Of Use Expenses, is amended by replacing $20 per day with $60 per day, and the $600 maximum with $1,800 maximum. L. ACCIDENTAL DISCHARGE OF AIRBAG COVERAGE The following is added to Exclusion B.3.a. of SECTION III – PHYSICAL DAMAGE COVERAGE: However, this exclusion does not apply to the accidental discharge of an airbag. M. GLASS REPAIR DEDUCTIBLE WAIVER The following is added to paragraph D. of SECTION III – PHYSICAL DAMAGE COVERAGE: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. N. COLLISION DEDUCTIBLE WAIVER The following is added to paragraph D. of SECTION III – PHYSICAL DAMAGE COVERAGE: When a covered “auto” insured for Collision coverage under this policy collides with another “auto” we insure, the Collision deductible applicable to the covered “auto” or “autos” insured under this policy shall not apply. O. INCREASED LIMIT FOR ELECTRONIC EQUIPMENT 4<9G?CB ... 2-64.)(/ *(0(,+ )15+3(,+ )#%# 8# ?F 7A<B;<; 8I E<D@79?B= G>< !%"$$$ H?G> !&"’$$# P. TOWING SECTION III – PHYSICAL DAMAGE COVERAGE, A.2. Towing, is replaced by replacing the following: 2. Towing We will pay up to $75 for towing and labor costs incurred each time an “auto” with a Gross Vehicle Weight of less than 10,001 pounds is disabled if the declarations indicate that either Comprehensive Coverage or Specified Causes of Loss Coverage and Collision Coverage are provided for that “auto”. Q. AUTO LOAN/LEASE GAP COVERAGE The following is added to SECTION III – PHYSICAL DAMAGE COVERAGE: In the event of a total “loss” to a covered “auto” shown in the Schedule or Declarations, we will pay any unpaid amount due on the lease or loan for a covered “auto”, less: 1.Overdue payments and financial penalties associated with those payments as of the date of the “total loss”; 2.The carryover, transfer or rollover of a previous outstanding lease or loan Policy Number: 10075498CA DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC BA 30 00 12 15 Page 5 of 6 balance from another vehicle to the original lease or loan for the scheduled “auto”; 3.The dollar amount of any unrepaired damage which occurred prior to the total “loss” of the scheduled “auto”; 4.All refunds paid or payable to you as a result of the early termination of the lease of loan agreement or, to the extent financed, as a result of the early termination of any warranty or extended service agreement on the scheduled “auto”; 5.Financial penalties imposed under a lease agreement for high mileage, excessive use or abnormal wear and tear; 6.Nonrefundable security deposits; and 7.Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease. The following is added to paragraph A. Loss Conditions of SECTION IV – BUSINESS AUTO CONDITIONS: Lease/Loan Gap Coverage shall apply to the remaining term of the original lease or loan agreement written on the scheduled “auto” at the time of total “loss”. R. PERSONAL EFFECTS COVERAGE The following is added to SECTION III – PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions: c. Personal Effects We will pay up to $500 for “loss” to personal effects which are: (1)owned by an “insured”; and (2)in or on a covered “auto”. This coverage applies only in the event of a total theft of a covered “auto”. No deductible applies to this coverage. Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment are not considered personal effects. S. LOCKSMITH SERVICES The following is added to SECTION III – PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions: d. Locksmith Services We will pay up to $100 for necessary locksmith services incurred because keys to a covered “auto” have been lost, stolen or damaged. No deductible applies to this coverage. T. TAPES, RECORDS AND DISCS COVERAGE Exclusion B.4.a. of SECTION III – PHYSICAL DAMAGE COVERAGE does not apply. The following is added to SECTION III – PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions: e. Tapes, Records And Discs Coverage Under Comprehensive Coverage we will pay for “loss” to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (1)Are your property or that of a family member or employee (2)Are in a covered “auto” at the time of “loss”. The most we will pay for “loss” is $200. U. HIRED AUTO PHYSICAL DAMAGE If hired “autos” are covered “autos” for Covered Autos Liability Coverage, then Policy Number: 10075498CA DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC BA 30 00 12 15 Page 6 of 6 Comprehensive and Collision coverages are extended to an “auto” you lease, hire, rent, or borrow subject to the following: 1.The most we will pay for “loss” to any leased, hired, rented, or borrowed “auto” is the Actual Cash Value or the cost to repair the “auto”, whichever is smallest. 2.The deductible for Hired Auto Physical Damage will be equal to the largest deductible applicable to any owned “auto” scheduled on this policy for that coverage. No deductible applies to loss by fire or lightning. 3.If the “loss” to the leased, hired, rented, or borrowed “auto” is covered by Comprehensive Coverage, and if no owned “auto” scheduled on this policy is insured for Comprehensive Coverage, a $100 deductible will apply to the “loss”. 4.If the “loss” to the leased, hired, rented, or borrowed “auto” is covered by Collision Coverage, and if no owned “auto” scheduled on this policy is insured for Collision Coverage, a $1,000 deductible will apply for the “loss”. V. HIRED PRIVATE PASSENGER AUTOS AND LIGHT TRUCKS – WORLDWIDE COVERAGE Paragraph b. 7.5.(1) of Section IV – BUSINESS AUTO CONDITIONS – Policy Period, Coverage Territory is replaced by the following: Anywhere in the world if a covered “auto” of the private passenger type or a light truck with Gross Vehicle Weight less than 10,001 pounds is leased, hired, rented or borrowed without a driver for a period of 30 days or less. W.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Section IV – BUSINESS AUTO CONDITIONS A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you under a written contract executed prior to any “accident” or “loss”, provided the “accident” or “loss” arises out of operations contemplated by such contract. This waiver applies only to the person or organization designated in such contract. Policy Number: 10075498CADocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added: The premium shown in the Declarations was com- puted based on rates in effect at the time the policy was issued. On each renewal, continuation, or anni- versary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 © ISO Properties, Inc., 2007 Page 1 of 1 Policy Number: 10075498CADocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 06 01 Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 5/31/21 at 12:01 a.m. standard time, forms a part of: Policy no. 0001270404 of Texas Mutual Insurance Company effective Issued to: MERRIAM GROUP LLC DBA: ECONOCUTS This is not a bill NCCI Carrier Code: 29939 Authorized representative 5/29/19 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com | (800) 859-5995 | Fax (800) 359-0650 WC 42 06 01 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:PER LIST ON FILE DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. TEXAS CONTRACTORS PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CONTENTS A.PROPERTY OF OTHERS IN THE CARE,CUSTODY OR CONTROL OF THE INSURED B.CONSTRUCTION PROJECT/"LOCATION"GENERAL AGGREGATE C.LIMITED COVERAGE -DAMAGE TO WORK PERFORMED BY SUBCONTRACTORS D.ADDITIONAL INSURED -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENTS E.ADDITIONAL INSURED -AUTOMATIC STATUS WHEN REQUIRED FOR PERMITS F.ADDITIONAL INSURED -AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENTS G."MOBILE EQUIPMENT"REDEFINED H.ALIENATED PREMISES AMENDMENT I.CONTRACT PENALTY REIMBURSEMENT A.PROPERTY OF OTHERS IN THE CARE,CUSTODY OR CONTROL OF THE INSURED 1.I -ASubjecttotheprovisionsofSectionCoverage -Bodily Injury And Property Damage Liability,we will pay for "loss"to property belonging to others,including all resulting loss of use of the property, while that property is in the care,custody or control of,or over which physical control is being exercised for any purpose by,the insured and such "loss"arises out of your business operations to which this policy applies. 2.Additional Exclusions a.2.I AThefollowingisaddedtoparagraph,Exclusions,of Section -Coverage .Bodily Injury and Property Damage Liability: This insurance does not apply to "loss"to property: (1)held by the insured for sale or entrusted to the insured for storage or safekeeping; (2)owned or occupied by,rented or leased to,or loaned to any insured; (3)included in the "products -completed operations hazard";or (4)arising from errors or mistakes in design plans or specifications committed by or on behalf of the insured. 3.Limits of Insurance a.The most we will pay for "loss",including all resulting loss of use of that property is: (1)$2,500 as a result of any one "occurrence"and the most we will pay for the sum of all occurrences during the policy period is the aggregate limit of $10,000;or (2)(1)The amount shown in the Declarations,if greater than above,for Voluntary Property Damage And/Or Property Of Others In The Care,Custody,And Control Of The Insured. b.The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months,starting with the beginning of the policy period shown in the Declarations,unless the policy period is extended after issuance for an additional period of less than 12 months.In that case,the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. 4.Deductible a.We are not obligated to pay any "loss"until such "loss"exceeds a $250 deductible.We will then pay the amount of "loss"in excess of the deductible up to the applicable Limit of Insurance.This deductible amount applies to all "loss"to property belonging to others as the result of any one "occurrence". b.We may pay any part or the entire deductible amount to effect settlement of any claim or "suit" and,upon notification of the action taken;you shall promptly reimburse us for such part of the deductible amount as has been paid by us. c.The terms of this insurance,including those with respect to: (1)our right and duty to defend any "suits"seeking those damages;and (2)your duties in the event of an "occurrence",claim or suit: apply irrespective of the application of the deductible amounts. 5.Excess Insurance a.This insurance is excess over any other collectible insurance available to the insured. SL1014 (12/15)Page 1 of 6 *//*SL1014-201512 Includes copyrighted material of Insurance Services Office,Inc.,with its permission 10 Printed: 10/20/16 08:39:57 DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC 6.Additional Definition The following is added to Section -Definitions:V a."Loss"means unintentional damage or destruction,but does not include disappearance or abstraction. B.CONSTRUCTION PROJECT/"LOCATION"GENERAL AGGREGATE 1.For all sums which the insured becomes legally obligated to pay as damages caused by an "occurrence" under Section -Coverage ,and for all medical expenses caused by accidents under Section -I A I Coverage ,which can be attributed:C (i)only to ongoing operations at a single construction project away from premises owned or rented to you or; (ii)to a single "location"owned or rented to you: a.A separate Construction Project/"Location"General Aggregate Limit applies to each construction project or covered location,and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b.The Construction Project/"Location"General Aggregate Limit is the most we will pay for the sum of all damages under Coverage ,except damages because of "bodily injury"or "property damage"A included in the "products-completed operations hazard",and for medical expenses under Coverage C regardless of the number of: (1)Insureds; (2)Claims made or "suits"brought;or (3)Persons or organizations making claims or bringing "suits". c.I A CAnypaymentsmadeunderSection-Coverage for damages or under Coverage for medical expenses shall reduce the Construction Project/"Location"General Aggregate Limit for that construction project or covered location.Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project/"Location"General Aggregate Limit for any other construction project or covered location. d.The limits shown in the Declarations for Each Occurrence,Damage To Premises Rented To You and Medical Expense continue to apply.However,instead of being subject to the General Aggregate Limit shown in the Declarations,such limits will be subject to the applicable Construction Project/"Location"General Aggregate Limit. 2.For all sums which the insured becomes legally obligated to pay as damages caused by an "occurrence" under Section -Coverage ,and for all medical expenses caused by accidents under Section -I A I Coverage ,which cannot be attributed only to ongoing operations at a single construction project or onlyC to operations at a single "location": a.A CAnypaymentsmadeunderCoveragefordamagesorunderCoverage for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable;and b.Such payments shall not reduce any Construction Project/"Location"General Aggregate Limit. 3.When coverage for liability arising out of the "products-completed operations hazard"is provided,any payments for damages because of "bodily injury"or "property damage"included in the "products- completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit,and not reduce the General Aggregate Limit nor the Construction Project/"Location"General Aggregate Limit. 4.If the applicable construction project has been abandoned,delayed,or abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs,specifications or timetables,the project will still be deemed to be the same construction project. 5.For the purposes of this endorsement,the Definitions Section is amended by the addition of the following definition: "Location"means premises involving the same or connecting lots,or premises whose connection is interrupted only by a street,roadway,waterway or right-of-way of a railroad. 6.IIITheprovisionsofSection -Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. C.LIMITED COVERAGE -DAMAGE TO WORK PERFORMED BY SUBCONTRACTORS If endorsement CG 22 94 Exclusion -Damage To Work Performed By Subcontractors On Your Behalf amends this policy,the following applies: 1.1.a.I AParagraphInsuringAgreementofSection-Coverage -Bodily Injury And Property Damage Liability is amended to include the following: a.We will pay for "property damage"to "your work"which you become legally obligated to pay,but only if: (1)The damaged work or the work out of which the damage arises was performed on your behalf by your subcontractor(s)that is not a named insured; (2)Such "property damage"is included within the "products-completed operations hazard"; SL1014 (12/15)Page 2 of 6 *//*SL1014-201512 Includes copyrighted material of Insurance Services Office,Inc.,with its permission 11 Printed: 10/20/16 08:39:57 DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC (3)Such "property damage"consists of physical injury to tangible property;and, (4)Such "property damage"was not a result of wanton,willful or intentional misconduct. 2.Additional Exclusions a.2.Exclusions l.Damage To Your WorkThefollowingisaddedtoparagraph,subparagraph of Section -Coverage -Bodily Injury And Property Damage Liability as amended by endorsementIA CG 22 94 -Exclusion -Damage To Work Performed By Contractors On Your Behalf when attached to this policy. This exclusion does not apply to "property damage"to which paragraph of this endorsementC.1. applies. b.2.I A.The following is added to paragraph ,Exclusions,of Section -Coverage Bodily Injury and Property Damage Liability: This insurance does not apply to "loss"to property: (1)held by the insured for sale or entrusted to the insured for safekeeping; (2)owned or occupied by,rented or leased to,or loaned to any insured;or (3)arising from errors or mistakes in design plans or specifications committed by or on behalf of the insured. 3.Limits of Insurance a.Section III -Limits of InsuranceThefollowingisaddedto (1)3.Subject to paragraph of this section for all payments under the "products-completed operations hazard"for this policy,the most we will pay for "property damage"to "your work",including all resulting loss of use of that property is as follows,unless higher limits of insurance are specified in the Declarations: (a)$2,500 for each subcontractor that performed the work out of which the damage arose, subject to (b)$10,000 as a result of any one "occurrence",and (c)$25,000 aggregate limit for the sum of all occurrences during the policy period. (2)The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months,starting with the beginning of the policy period shown in the Declarations,unless the policy period is extended after issuance for an additional period of less than 12 months.In that case,the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. (3)3.a.(1)Subject to the limitations for payment of this coverage under paragraph above,all payments for this coverage combined with all other claims and payments under the "products- completed operations hazard"will be limited to the Products-Completed Operations Aggregate specified in the Declarations. 4.Deductible a.We will not be obligated to pay any "loss"until such "loss"exceeds a $250 deductible,or higher deductible amount specified in the Declarations.We will then pay the amount of "loss"in excess of the deductible up to the applicable Limit of Insurance.This deductible amount applies to all "property damage"to "your work",as the result of any one "occurrence",if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. b.We may pay any part or the entire deductible amount to effect settlement of any claim or "suit" and,upon notification of the action taken;you shall promptly reimburse us for such part of the deductible amount as has been paid by us. c.The terms of this insurance,including those with respect to: (1)our right and duty to defend any "suits"seeking those damages;and (2)your duties in the event of an "occurrence",claim or suit: apply irrespective of the application of the deductible amounts. 5.Excess Insurance a.C.5.OtherForthepurposeofthecoverageunderparagraphofthisendorsement,paragraph Insurance,b.Excess Insurance IVofSection -Commercial General Liability Conditions is amended to include the following: (this insurance is excess over:) (1)Any other insurance: (a)Whether primary,excess,contingent or on any other basis,except when such insurance is written specifically to be excess over this insurance;and (b)Provided the insured is covered by such other insurance for "property damage"to which this endorsement applies. This coverage does not apply if this policy is not amended by CG 22 94 Exclusion -Damage To Work Performed By Subcontractors On Your Behalf SL1014 (12/15)Page 3 of 6 *//*SL1014-201512 Includes copyrighted material of Insurance Services Office,Inc.,with its permission 12 Printed: 10/20/16 08:39:57 DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC D.ADDITIONAL INSURED -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENTS 1.The words "you"and "your"as used in this provision refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under the policy to which this endorsement is attached."You"and "your"do not refer to an additional insured. 2.Section II -Who Is An Insured is amended to include any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement,that such person or organization be added as an additional insured on your policy.Such person or organization is an additional insured only with respect to: a.Liability for "bodily injury","property damage"or "personal and advertising injury"caused,in whole or in part,by: (1)Your acts or omissions;or (2)The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured. A person or organization's status as an additional insured for ongoing operations ends when your operations for that additional insured are completed. b.Liability for "bodily injury"or "property damage"caused in whole or in part,by "your work"at the location designated and described in the written contract or written agreement with that additional insured and included within the "products-completed operations hazard". 3.With respect to the insurance afforded to the additional insured described above,the following additional exclusions or limitations apply: a.The insurance applies only to the extent permitted by law; b.This insurance does not apply to "bodily injury"or "property damage"caused by your ongoing operations,or "your work"included in the "products-completed operations hazard",unless you are required to provide such coverage for the additional insured by a written contract or written agreement.The contract or agreement must be in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought.Coverage for the additional insured is provided only for the lesser of:(i)the period of time required by such contract or agreement;or (ii) the end of the policy period.In no event will coverage for the additional insured extend beyond the expiration date of the policy. c.This insurance does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of the rendering of,or the failure to render any professional engineering, architectural or surveying services by you or others on your behalf,including: (1)The preparing,approving,failing to prepare approve,maps,shop drawings,opinions,reports, surveys,field orders,change orders,or drawings and specifications;or (2)Supervisor or inspection activities performed as part of any related architectural or engineering activities. However,professional services do not include services within construction means,methods,techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring,employment,training or monitoring of others by that insured,if the "occurrence" which caused the "bodily injury"or "property damage",or the offense which caused the "personal and advertising injury",involved the rendering of or the failure to render any professional architectural, engineering or surveying services. d.This insurance does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of the sole negligence or willful misconduct of,or defects in design provided by, the additional insured or its "employees". e.This insurance does not apply to "bodily injury"or "property damage": (1)Occurring after all work,including materials,parts or equipment furnished in connection with such work,on the project (other than service,maintenance,or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (2)Once the location designated and described in the written contract or written agreement has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project, except to the extent a written contract or written agreement requires coverage to be provided for "bodily injury"or "property damage"included within the "products-completed operations hazard". SL1014 (12/15)Page 4 of 6 *//*SL1014-201512 Includes copyrighted material of Insurance Services Office,Inc.,with its permission 13 Printed: 10/20/16 08:39:57 DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC f.With respect to any person or organization added as an additional insured by this endorsement, paragraph of does not apply to "bodily injury"or "property9.f.Section V -Definitions damage"included within the "products-completed operations hazard"unless such contractual assumption of liability is specifically required by a written contract or written agreement. g.The insurance as provided in this endorsement does not apply to "bodily injury","property damage" or "personal and advertising injury"caused by "your work"for which a consolidated (wrap-up) insurance program has been provided by the prime contractor,project manager or owner of a construction project in which you are involved. h.This insurance will not be broader than that which you are required by a contract or agreement to provide for such additional insured. 4.Section III-With respect to the insurance afforded to the additional insured the following is added to Limits of Insurance: The most that we will pay on behalf of the additional insured is the amount of insurance: a.Required by the contract or agreement you have entered into with the additional insured;or b.Available under the applicable Limit of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5.With respect to the coverage provided under this endorsement to an additional insured,the following is added to paragraph ,of4.a.,Other Insurance Section IV -Commercial General Liability Conditions: (1)The person or organization is a Named Insured under such other insurance;and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 6.As a condition of coverage,each additional insured must: a.Give us prompt written notice of any "occurrence"or offense which may result in a claim and prompt written notice of "suit". b.Immediately forward all legal papers to us,cooperate in the investigation or settlement of the claim or defense against the "suit,"and otherwise comply with policy conditions. c.Tender the defense and indemnity of any claim or "suit"to any other insurer which also insures against a loss we cover under this endorsement.This includes,but is not limited to,any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured under any applicable policy definition.For purposes of this requirement,the term "insures against"refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss,regardless of whether the additional insured has actually requested,demanded,or targeted tender that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d.Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. E.ADDITIONAL INSURED -AUTOMATIC STATUS WHEN REQUIRED FOR PERMITS 1.The words "you"and "your"as used in this provision refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under the policy to which this endorsement is attached."You"and "your"do not refer to an additional insured. 2.Section II-Who Is An Insured is amended to include any state governmental agency,subdivision,or political subdivision for which you are required to add as an additional insured because of the issuance or existence of a permit,but only with respect to: a.Liability for "bodily injury","property damage"or "personal and advertising injury"caused,in whole or in part,by: (1)Your acts or omissions;or (2)The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for which the permit was issued;and b.Permits: (1)Currently in effect or becoming effective during the term of this policy;and (2)Executed prior to the "bodily injury","property damage",or "personal and advertising injury". However: a.The insurance afforded to such additional insured only applies to the extent permitted by law;and b.If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured for ongoing operations ends when your operations for which the permit was issued are completed. SL1014 (12/15)Page 5 of 6 *//*SL1014-201512 Includes copyrighted material of Insurance Services Office,Inc.,with its permission 14 Printed: 10/20/16 08:39:57 DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC 3.E.2.With respect to the insurance afforded to the additional insured described in above,this insurance does not apply to: a.Bodily injury,""property damage"or "personal and advertising injury"arising out of operations performed for the state or municipality;or b."Bodily injury"or "property damage"included within the "products-completed operations hazard. 4.SectionWithrespecttotheinsuranceaffordedtotheseadditionalinsureds,the following is added to III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: a.Required by the contract or agreement;or b.Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. F.ADDITIONAL INSURED -AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENTS 1.The words "you"and "your"as used in this provision refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under the policy to which this endorsement is attached."You"and "your"do not refer to an additional insured. 2.Section II -Who Is An Insured is amended to include as an additional insured any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy.Such person or organization is an insured only with respect to liability for "bodily injury", "property damage"or "personal and advertising injury"caused,in whole or in part,by your maintenance, operation or use of equipment leased to you by such person or organization. However,the insurance afforded to such additional insured: a.Only applies to the extent permitted by law;and b.Will not be broader than that which you are required by the contract or agreement to provided for such additional insured A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 3.With respect to the insurance afforded to these additional insureds,this insurance does not apply to any "occurrence"which takes place after the equipment lease expires. 4.Section IIIWithrespecttotheinsuredaffordedtotheseadditionalinsureds,the following is added to -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a.Required by the contract or agreement you have entered into with the additional insured;or b.Available under the applicable Limits of Insurance shown in the Declaration, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. G."MOBILE EQUIPMENT"REDEFINED 1.V -DEFINITIONSSection is amended as follows: a.12.f.(1)(a),(b)(c)Paragraph ,and of the "mobile equipment"definition does not apply to self- propelled vehicles of less than 1,000 pounds gross vehicle weight that are not designed for use on the highway. H.ALIENATED PREMISES AMENDMENT 1.2.J.(2)I AParagraph,Exclusions,of Section -Coverage .Bodily Injury and Property Damage Liability is replaced as follows: (2)Premises you sell,give away or abandon,if the "property damage"arises out of any part of those premises and occurred from hazards that were known by you,or should have reasonably been known by you,at the time the property was transferred or abandoned.; I.CONTRACT PENALTY REIMBURSEMENT 1.I ASubjecttotheprovisionsofSection-Coverage -Bodily Injury And Property Damage Liability,we will pay up to 50%of the contractual penalties you are required to pay to your customers as a result of a written contract or agreement for failure to timely deliver your product according to the contract terms due to "bodily injury"or "property damage"which arises out of your business operations to which this policy applies. 2.The most we will pay under the coverage is $10,000 in any one policy year. SL1014 (12/15)Page 6 of 6 *//*SL1014-201512 Includes copyrighted material of Insurance Services Office,Inc.,with its permission 15 Printed: 10/20/16 08:39:57 DocuSign Envelope ID: BC66E945-24C3-4012-8817-09DB989CF7BC THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A.IV 8.Section -Condition Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the "products-completed operations hazard".This waiver applies only to the person or organization which,before the loss,you have agreed in writing to waive your right of recovery. 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Brentwood City: Channelview, TX7753O Dear: Mr. Merriam The Bid Opening On January 16. 2022. at 2:00 PM, for Bid # 1122-10 for Grounds Maintenance of Critical Facilities and Buyout Lots bid submitted by The Campos Group, dba Eoonoctua line- item DUnOb8r2.13. |H 288 Kirby 3110 Kirby [)[, OO pricing was submitted. The City would like to extend a contingent offer pending council GpDrOV@| for contract award with the understanding the omitted line item cannot be added to the COntF8Ct 81 o |@ie[ date per Section 21.0. Section 7.0 and Section 19.0 supports the decision to extend the offer. These terms are included in the bid document from the following sections are included for your reference. |f your firm can accept the offer under the set terms and conditions set forth by the City Of Peor|and please sign and return this letter. 76. PRICING: Bidders are instructed to Bid the items listed in the Line Items tab of the e'bid system an specified or as shown in the RFCSB forms section if submitting a hard copy Bid. Prices for all goods and/or services shall be firm for a minimum of 120 days beyond the Bid opening date to allow ample time for City Council approval of the contract. Prices shall be all inclusive. No price changes, additions or subsequent qualifications will be honored after the Bid opening.Additional charges not shown on the Bid will not be honored. Bid prices shall be per unit with an extended total or as specified on the bid form. Should a conflict arise between the unit price and the total, the unit price will govern. 19.0 REJECTION/ACCEPTANCE: It is understood that the City, reserves the right to accept or reject any or all bids for any or all materials and or services covered in this bid request. Additionally, itis understood that the City may waive discrepancies or defects in the bid or to accept such bid, City shall deem to boin the best interest of the City. Receipt of any bid shall under no circumstances obligate the City to award o contract. 21.0 ADDITIONAL ITEMS/UPGRADES The City may require additional items of similar nature not specifically listed in the contract urwish to purchase an item upgraded from that proposed by the Bidder. I n such event,the Bidder sha I I provide the City with a price for the new or u pgraded item based upon a procedure or formula, which is the same or very similar to that used in establishing the prices as contained in the awarded Bidder's list. If the price offered b not acceptable to the City, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to procure the new or upgraded items from other Bidders or to cancel the contract upon giving thirty(30) days written notice tp the Bidder. �� � ���_ Date �� SiOna -7— ~ Tide: VERIFICATION OF SIGNATURE AUTHORITY t0A/z/2' Texas Campos Group, LLC dba Econoctits Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order,resolution,ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has beenproperly executed by Vendor. 1. Name:C hft Ic )(I.( icork„„ Position: rel dral ivst- Name: fc',11,1e (q i Signature of President/ Other Title: Date: (9- 1:30 ;) , 11111,1f11'1:1!111'111'''''11,111111111111,11,1111 111111'll';':11'1',111:1,111'1„11111\11'''11161110111,1'11,1"11'1 '1'1111f'1!„'',,f 1,1'1:11,11,"