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R2022-113 2022-11-07
RESOLUTION NO. R2022-113 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with KIT Professionals, Inc., for design services associated with the Green Tee Transite Pipe Water Line Replacement Project, in the estimated amount of $333,060.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for design services associated with the Green Tee Transite Pipe Water Line Project, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for design services associated with Green Tee Transite Pipe Water Line Project. PASSED, APPROVED and ADOPTED this the 7th day of November, A.D., 2022. ________________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FOR M: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 756B33E6-B414-4285-9C70-8E8CFDE5D40A Design 1 of 7 D2. Revised 04/2019 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and KIT Professionals, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Green Tee Transite Pipe Water Line Replacement ("PROJECT"). (Project #WA2203) SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following prof essional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A.The CONSULTANT shall provide design services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B.The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C.The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D.The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E.The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F.The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors Exhibit A DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Design 2 of 7 D2 Revised 04/2019 and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers’ Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers’ Compensation. The CONSULTANT shall agree to waive its Right to Subrogation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits (“Change in Coverage”) except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT’S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Design 3 of 7 D2 Revised 04/2019 SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end June 30, 2024. SECTION III - CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services (Lump Sum) $221,809.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Lump Sum): $83,872.00 3. Bid Phase Services (Hourly Not to Exceed) $2,423.00 4. Construction Phase Services (Hourly Not to Exceed) $19,956.00 5. Reimbursable Expenses (Not to Exceed) $5,000.00 6. Total: $333,060.00 C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. D. CONSULTANT shall invoice for work performed during the preceding thirty day period (“Billing Period”). The Billing Period shall run from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices in arrears. All invoices shall reflect most recent single Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period. E. For an agreed contract amount identified as “Lump Sum”, Not to Exceed” and “Reimbursable” the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Design 4 of 7 D2 Revised 04/2019 F. Allowable Reimbursable Expenses CONSULTANT shall identify and include in the proposal any anticipated Reimbursable Expenses, and shall itemize Reimbursable Expenses by work category. Reimbursable Expenses shall be invoiced AT COST without subsequent markup by the CONSULTANT. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per the allowable category. Allowable Reimbursable Expenses include: • Hard copy reproductions, copies and/ or binding costs • Postage • Mileage, for travel from Consultant’s local office (within a 25 mile radius) to meetings at the City or job-site. Mileage shall be charged at the current IRS rates. • Travel expenses, mileage from local office to State or federal regulatory agency office beyond 100 miles. • Lodging expenses, for destinations beyond 100 miles from the Consultant’s local office AND when business hours exceed eight hours within one business day OR requires more than one eight hour day. F.2. Disallowed Expenses Disallowed Expenses include travel expenses for professional expertise traveling into the greater Houston area from Consultant offices outside of the greater Houston area. SECTION IV - THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub- consultant(s) or in any way affect the CONSULTANT’S status as an independent contractor of the CITY. DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Design 5 of 7 D2 Revised 04/2019 SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 2000 W. Sam Houston Parkway S., Ste. 1400, Houston, TX 77042. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney’s fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 11/8/2022 | 9:46 AM CST DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 kitprofs.com 2000 W Sam Houston Parkway S MAIN 713-783-8700 Suite 1400 FAX 713-783-8747 Houston, TX 77042 April 26, 2022 Sergio Becerril Project Manager | Engineering & Capital Projects City of Pearland 2016 Old Alvin Rd, Pearland, Texas 77581 Ref: Proposal for Green Tee Transite Pipe Water Line Replacement City Project # WA2203 Dear Mr. Becerril, We are pleased to offer for your consideration the following proposal for the Design and Construction Phase Services for the Green Tee Transite Pipe Water Line Replacement Project. A preliminary route alignment is provided in Attachment A for reference during proposal review. SCOPE OF WORK: Our scope of work, as further detailed in Attachment B, includes design, bid, and construction phase services for the replacement of 2-inch through 8-inch transite pipe waterlines with 6-inch and 8-inch PVC (or HDPE) waterlines. On cul-de-sacs that currently lack fire hydrants, the scope will also include the installation of additional fire hydrants to facilitate flushing and cleaning by City Distribution and Collections staff. FEE: We propose to accomplish the scope of work for Basic Services for $244,188, up to $83,872 of additional services, and up to $5,000 in reimbursable expenses, as broken down in Attachment C. SCHEDULE: We will strive to perform our services to achieve project goals on time. A Preliminary Project Schedule (Attachment D) is attached for your review and approval. We look forward to receipt of your authorization to proceed. Should you require any further information or have any questions please do not hesitate to contact me at 703.300.3300 or via email at jbartlett@kitprofs.com. Sincerely, Justin Bartlett, Ph.D., P.E. Project Manager Enclosure: As mentioned above Cc: File DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 kitprofs.com 2000 W Sam Houston Parkway S MAIN 713-783-8700 Suite 1400 FAX 713-783-8747 Houston, TX 77042 ATTACHMENT A Preliminary Route Alignment DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 kitprofs.com 2000 W Sam Houston Parkway S MAIN 713-783-8700 Suite 1400 FAX 713-783-8747 Houston, TX 77042 ATTACHMENT B Scope of Work DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Design 1 of 5 D10. Revised 12/11 EXHIBIT B UTILITIES SCOPE OF SERVICES FOR GREEN TEE TRANSITE PIPE WATER LINE REPLACEMENT (WA2203) DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Design 2 of 5 D10. Revised 12/11 BASIC SERVICES: The Consultant shall render the following professional engineering services to the OWNER in connection with the construction of the Project. 1. Design Phase Services 1.1. Data Collection a) Attend Design Kick-Off meeting with City. i. Review City informational resources and make arrangements to obtain these. ii. Discuss objectives of project and adjacent projects. b) Obtain survey (metes, bounds & topo), Environmental data, and existing utility data from the City. c) Procure such additional data as required through other services and/or sub consultants. i. Procure Geotechnical data (assume 6 borings to 10 feet depth near selected alignment locations). ii. Procure Urban Forestry consulting services for the development of Tree Protection Plan. d) Conduct Site Visit 1.2. Prepare Construction Plans a) Submit for review detailed construction plans at 30%, 60%, 90%, & 95% (include bid form & completed “front end documents” at 90%). b) Submit 60%, 90%, and Final plans to City. City will submit plans to Utility companies and coordinate work for relocation or service changes, if required. c) Coordinate with external regulatory and permitting agencies, including but not limited to Brazoria DD #4 & Harris County Flood Control. This scope assumes that TCEQ, TxDOT, and USACE coordination will not be required. DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Design 3 of 5 D10. Revised 12/11 d) Provide Traffic Control plan, SWP3 plan, and specifications at 90%, if required. e) Submit Final plan for City Engineer’s signature. f) Prepare bid sets for distribution via the City’s e-bid system. 1.3. Project Manuals and Specifications a) Submit for review detailed specifications at 90%, 95%, & Final. 1.4. Cost Estimates a) Submit for review detailed cost estimates at 90%, 95%, & Final 1.5. Public Information Meeting a) Prepare exhibits for and attend a public informational meeting regarding the proposed project construction. The meeting will be held with 90% design completion. 1.6. TRC Meeting a) Prepare and attend TRC meeting at 95% design completion for final review and approval. DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Design 4 of 5 D10. Revised 12/11 2. Bid Phase Services 2.1. Bid Phase Services a. Provide Notice to Bidders (NTB) and list of bid items to the Project Manager in an electronic form appropriate for the e-bid system format. City is responsible for advertising. b. Provide electronic copy of bid-ready plans to the Project Manager for the e-bid system. c. Chair pre-bid meeting and attend Bid Opening d. Respond in writing to questions from bidders and prepare addenda, coordinate with Project Manager as necessary. e. Assist with design of Bid Proposal* f. Prepare Engineer’s Recommendation of Award Letter that includes the following required content: i. Check for math errors and reconcile any mathematical discrepancies ii. Review for unbalance bid items iii. Certified Bid Tabulation including Engineer’s estimate iv. Review of contractor’s financial standing and references provided v. Explanation of discrepancies between the Engineer’s estimate and bids vi. Recommendation to award 2.2. Attend City Council meeting and recommendation for award of Contract for Construction. 2.3. Produce and transmit to the Project Manager five (5) sets of plans and project manuals in hard copy and one electronic format copy in a format ready for execution with City’s Notice of Intent to Award (NOI). *This is the use of bid strategies to attain lowest possible prices for work, use of alternatives, etc. DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Design 5 of 5 D10. Revised 12/11 3. Construction Phase Services 3.1. Construction Administration a. Attend pre-construction meeting to provide information & answer questions b. Attend monthly progress meetings with Construction Manager, Contractor & City of Pearland c. Review & comment on Construction’s submittals, RFIs, RCOs including coordination with Construction Manager on Change Directives & Change Orders using the City of Pearland’s Pro Trak system d. Provide interpretive guidance for Contractor, Construction Manager in resolution of problems e. Coordinate with Construction Manager to review progress of work for Substantial Completion; with production of punch list; substantiation that items are completed; and issue both Certificate of Substantial Completion & Final Acceptance f. Issue letter to City recommending acceptance & release of final payment g. Coordinate contracts, CM/CI to provide complete record of As-Builts h. Provide Record Drawings from Contractor’s As-Builts in electronic format (CD) & hard copy format Definition: 1) As-Builts “redlines”: Contractor’s record of field changes to the work in line, grade & elevation 2) Record Drawings: Engineer’s incorporation of contractor’s As-Builts DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 kitprofs.com 2000 W Sam Houston Parkway S MAIN 713-783-8700 Suite 1400 FAX 713-783-8747 Houston, TX 77042 ATTACHMENT C Level of Effort DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Estimated Construction Cost $3,900,000.00 Fee Basis See Below Task No.Task Name Fee Basis 1 Lump Sum 221,809.00$ 2 Hourly NTE 2,423.00$ 3 Hourly NTE 19,956.00$ 244,188.00$ Task No.Task Name Fee Basis 1 NTE 60,317.00$ 2 NTE 8,760.00$ 3 NTE 14,795.00$ 83,872.00$ Task No.Task Name Fee Basis 1 NTE 5,000.00$ 5,000.00$ 333,060.00$ NTE Not to Exceed Total Reimbursable Expenses Fee Basic Services Attachment C Professional Engineering Services for Design of: City of Pearland Green Tee Transite Pipe Waterline Replacement WA2203 KIT PROFESSIONALS, INC. Assumptions: City GIS data will be utilized to create a base map. Engineer will field verify that the topography has not substantially changed. City will provide environmental studies, if any, performed in the project area. Environmental Site Assessment(s) not required. Urban Forestry Design Phase Services Construction Phase Services Total Basic Services Fee Total Additional Services Fee Total Engineering Fee Additional Design Phase Services - Northeast Green Tee Geotechnical Investigation Additional Services Bid Phase Services Reimbursable Expenses Reimbursable Expenses KIT Professionals, Inc. DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 CITY OF PEARLAND GREEN TEE TRANSITE WATER LINE REPLACEMENT (WA2203) LEVEL OF EFFORT (LOE) - BASIC SERVICES Page 1 of 1 Project City of Pearland Green Tee Transite Pipe Waterline Replacement Project No.WA2203 Civil Engineer IV Civil Engineer III Civil Engineer II Civil Engineer I CADD Technician III CADD Technician II Administrative Assistant II Subtotal (hrs) Total Fee Hourly Rates Based on Rate Schedule in Contract $ 225.00 $ 180.00 $ 135.00 $ 106.00 $ 105.00 $ 75.00 $ 72.00 A Basic Services 1 Design Phase Services 1.1 Data Collection including Record Drawings and other documents 2 8 10 $ 1,118.00 1.1 Site Visit 4 4 8 $ 964.00 Coordination, Permits, & No-Objection Letters 1.2 Meetings with the City and prepare meeting minutes (6 months - 1 hr each)6 6 24 5 41 $ 4,794.00 1.2 CenterPoint Energy, AT&T, Telecommunication Entities 1 1 16 18 $ 2,011.00 1.2 Brazoria Drainage District No. 4 1 1 6 8 $ 951.00 1.2 Monthly Utility Coordination Meetings (6 months - 1 hr each)6 3 3 12 $ 1,803.00 Design Support 1 Project Management & Controls 2 36 38 $ 6,930.00 1.2, 1.4 Sheet by Sheet Quantity Take-offs & Cost Estimate (90%, 95% and Final)12 24 72 108 $ 13,032.00 1.2 QA/QC and Constructability Review (90%, 95% and Final)12 12 24 $ 4,860.00 Drawings 1.2 Cover Sheet/Drawings index, Legend, Abbreviation/General Notes - Assume 6 sheets 3 2 8 4 16 33 $ 3,278.00 1.2 Plan Sheets - Green Tee Dr (S of Golfcrest) - Assume 13 sheets 39 52 104 104 208 507 $ 51,584.00 1.2 Plan Sheets - Country Club Dr (S of Golfcrest) - Assume 10 sheets 30 40 80 80 160 390 $ 39,680.00 1.2 Plan Sheets - Golfcrest Dr - Assume 3 sheets 9 12 24 24 48 117 $ 11,904.00 1.2 Plan Sheets - Fairway Cir - Assume 2 sheets 6 8 16 16 32 78 $ 7,936.00 1.2 Plan Sheets - Cork Cir - Assume 1 sheet 3 4 8 8 16 39 $ 3,968.00 1.2 Plan Sheets - Killarney Dr - Assume 1 sheet 3 4 8 8 16 39 $ 3,968.00 1.2 Plan Sheets - Caloway Cir & Price Cir - Assume 1 sheet 3 4 8 8 16 39 $ 3,968.00 1.2 Plan Sheets - Dublin Cir & Kerry Cir - Assume 1 sheet 3 4 8 8 16 39 $ 3,968.00 1.2 Plan Sheets - Brazos Drainage District #4 Easement WL (excludes aerial crossing) - Assume 2 sheets 6 8 16 16 32 78 $ 7,936.00 1.2 Traffic Control Plan (TCP) - Assume 4 sheets 12 16 32 32 64 156 $ 15,872.00 1.2 Stormwater Pollution Protection Plan (SWPPP) - Assume 4 sheets 12 16 32 32 64 156 $ 15,872.00 1.2 Details - City of Pearland Standard Details Water Line/Paving/ TCP/SWPPP, etc., plus Tree Protection Plan - Assume 12 sheets 3 4 4 4 16 31 $ 3,124.00 Project Manual 1.3 Project Manual Preparation for 60%, 90%, 95%, and Final 4 6 8 24 42 $ 5,604.00 Public Meeting 1.5 Prepare exhibits for and attend public informational meeting 6 4 8 8 26 $ 3,068.00 TRC Meeting 1.6 TRC Meeting 6 4 16 4 30 $ 3,616.00 Subtotal Task 1 - Design Phase Services 18 224 231 529 344 716 5 $ 4,050.00 $ 40,320.00 $ 31,185.00 $ 56,074.00 $ 36,120.00 $ 53,700.00 $ 360.00 2067 $ 221,809.00 2 Bid Phase Services Bidding 2.1 Pre-Bid Conference 2 2 2 6 $ 842.00 2.2 Bid Review, Tabulation, and Reference Checks 2 2 4 8 $ 1,054.00 2.3 Selection and Recommendation Letter 1 1 2 4 $ 527.00 Subtotal Task 2 - Bid Phase Services 0 5 5 8 0 0 0 $ - $ 900.00 $ 675.00 $ 848.00 $ - $ - $ - 18 $ 2,423.00 3 Construction Phase Services Construction Administration 3.1 Tasks includes attending the Pre-Construction Conference, reviewing shop drawings, responding to RFI & Submittals, monthly progress meetings, etc.6 18 60 84 $ 9,870.00 3.1 Prepare Record Drawings from contractor “as-built” red-lines 6 8 24 8 40 86 $ 8,544.00 3.1 Prepare GIS Shape Files of "as-built" for the City's GIM 2 12 14 $ 1,542.00 Subtotal Task 3 - Construction Phase Services 0 12 28 96 8 40 0 $ - $ 2,160.00 $ 3,780.00 $ 10,176.00 $ 840.00 $ 3,000.00 $ - 184 $ 19,956.00 SUB-TOTAL BASIC SERVICES HOURS 18 241 264 633 352 756 5 2269 SUB-TOTAL BASIC SERVICES COST $ 4,050.00 $ 43,380.00 $ 35,640.00 $ 67,098.00 $ 36,960.00 $ 56,700.00 $ 360.00 $ 244,188.00 Estimated Labor HoursTask Description / Task KIT Professionals, Inc. 4/4/2022 DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 CITY OF PEARLAND GREEN TEE TRANSITE WATER LINE REPLACEMENT (WA2203) LEVEL OF EFFORT (LOE) - ADDITIONAL SERVICES Page 1 of 1 Project City of Pearland Green Tee Transite Pipe Waterline Replacement Project ID Z100-00-00-X267 WA2203 Subconsultant Costs Civil Engineer IV Civil Engineer III Civil Engineer II Civil Engineer I CADD Technician III CADD Technician II Administrative Assistance II Subtotal (hrs) Total Fee Hourly Rates Based on Rate Schedule in Contract $ 225.00 $ 180.00 $ 135.00 $ 106.00 $ 105.00 $ 75.00 $ 72.00 B Additional Services 1 Additional Design Phase Services - Northeast Green Tee 1.1 Cover Sheet/Drawings index, Legend, Abbreviation/General Notes - Assume 1 additional sheet 1 2 1 4 8 $ 797.00 1.1 Plan Sheets - Country Club Dr (N of Golfcrest) - Assume 1 sheet 3 4 8 8 16 39 $ 3,968.00 1.1 Plan Sheets - Londonderry Dr - Assume 2 sheets 6 8 16 16 32 78 $ 7,936.00 1.1 Plan Sheets - Kilkenny Dr - Assume 2 sheets 6 8 16 16 32 78 $ 7,936.00 1.1 Plan Sheets - Wimbleton Ct - Assume 1 sheet 3 4 8 8 16 39 $ 3,968.00 1.1 Plan Sheets - Limrick Dr - Assume 2 sheets 6 8 16 16 32 78 $ 7,936.00 1.1 Plan Sheets - Kildare Dr - Assume 1 sheet 3 4 8 8 16 39 $ 3,968.00 1.1 Plan Sheets - Wicklow Dr - Assume 1 sheet 3 4 8 8 16 39 $ 3,968.00 1.1 Plan Sheets - Birdie Ct - Assume 1 sheet 3 4 8 8 16 39 $ 3,968.00 1.1 Plan Sheets - Tipperary Dr - Assume 1 sheet 3 4 8 8 16 39 $ 3,968.00 1.1 Plan Sheets - Eagles Way - Assume 2 sheets 6 8 16 16 32 78 $ 7,936.00 1.1 Plan Sheets - Green Tee Dr (N of Golfcrest) - Assume 1 sheet 3 4 8 8 16 39 $ 3,968.00 0 46 60 122 121 244 0 593 -$ -$ 8,280.00$ 8,100.00$ 12,932.00$ 12,705.00$ 18,300.00$ -$ 60,317.00$ 2 Geotechnical Investigation 2.1 Geotechnical Investigation - Basic and Additional/Alternative Route1 7,964.00$ 8,760.00$ 0 0 0 0 0 0 0 0 7,964.00$ -$ -$ -$ -$ -$ -$ -$ 8,760.00$ 3 Urban Forestry 3.1 Urban Forestry Services for Development of Tree Protection Plan1 11,290.00$ 12,419.00$ 3.2 Drafting Services for CAD-Drawn Tree Protection Plan1 2,160.00$ 2,376.00$ -$ 0 0 0 0 0 0 0 0 13,450.00$ -$ -$ -$ -$ -$ -$ -$ 14,795.00$ SUB-TOTAL ADDITIONAL SERVICES HOURS 0 0 46 60 122 121 244 0 593 SUB-TOTAL ADDITIONAL SERVICES COST -$ -$ 8,280.00$ 8,100.00$ 12,932.00$ 12,705.00$ 18,300.00$ -$ 60,317.00$ 83,872.00$ 1. Includes 10% Subconsultant Markup in the Total Fee 2. Additional fee is required based on alternative routes for new lines. 3. Fee will be adjusted based on the number of drawings. Estimated Manhours Task Description / Task Subtotal Urban Forestry Services Subtotal Additional Design Phase Services - Northeast Green Tee Subtotal Geotechnical Investigation 4/4/2022 DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Proposal No. 1140567099 March 18, 2022 Mr. Yongki Shim, PhD, PE Associate KIT Professionals 2000 W Sam Houston Parkway South, Suite 1400, Houston, TX 77042 Re: Proposal for Geotechnical Services City of Pearland Green Tee Transite WL Replacement City of Pearland, Texas Dear Dr. Shim: In accordance with your request, Geotest Engineering, Inc. is pleased to submit this proposal for the referenced project. Based on the provided information, we understand that the scope of the project will include replacement of the existing water line along the Green Tee Transite in City of Pearland, Texas. The proposed water line will be approximately 5 feet deep and will be installed by open cut method of construction. Purpose and Scope The purpose of this investigation is to explore subsurface soil and water level conditions for the proposed water line replacement project in City of Pearland, Texas. The scope of this investigation is based on the information provided to us in your e-mail on March 15, 2022, and will include the following tasks: • Calling Texas 811 and Coordinate with utility locators to get areas for the proposed boring locations cleared. • Perform concrete coring at all boring locations. • Drilling and sampling a total of six (6) soil borings each to a depth of 10 feet. The number of borings is as suggested by KIT professionals. DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Mr. Yongki Shim, PhD, PE Proposal No. 1140567099 Page 2 March 18, 2022 • Grouting all boreholes using non-shrink cement bentonite grout after completion of drilling and water level measurements. The use of cement bentonite grout will eliminate the potential problems and safety hazards associated with surface settlements that might occur if boreholes are backfilled with soil cuttings. • Performing appropriate laboratory tests on selected representative soil samples to develop the engineering properties of the soil. • Perform engineering analyses to develop geotechnical recommendations for the design of the proposed water line replacement including excavation stability, bedding and backfill, groundwater control, and construction considerations. • Prepare a geotechnical investigation report including field and laboratory data and geotechnical recommendations. It is our understanding that your surveyors will tie-in our borings after completion of the drilling. Project Schedule We should be able to start the fieldwork within one (1) week after receiving your written authorization. It is estimated that the fieldwork will be completed in about one (1) week barring bad weather. The laboratory tests will be completed in about two (2) weeks. A geotechnical report, which will include field and laboratory data and geotechnical recommendations, will be submitted in about six (6) weeks after receiving the written authorization. Cost Based on the scope of work outlined above, the cost of the field investigation, laboratory testing, engineering analyses and geotechnical report will be a lump sum amount of $7,964.00. The cost breakdown given in Attachment No. 1 is for additional information only. The invoices will be billed on Lump Sum basis based on percent completion. This cost is based on the assumption that no site clearance will be required. DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Mr. Yongki Shim, PhD, PE Proposal No. 1140567099 Page 3 March 18, 2022 We appreciate the opportunity to propose on this project. We hope that this proposal meets your approval. If you have any questions, please call us at (713) 266- 0588. Please indicate your formal acceptance by signing one copy of this letter in the space below and returning one original to us. Sincerely, GEOTEST ENGINEERING, INC. TBPE Registration No. F-410 Naresh Kolli, P.E. Project Manager NK\ego Copies Submitted: (1-PDF) Enclosure: Attachment No. 1 – Cost Breakdown PC38\Geotechnical\Proposals\40567099.DOC ACCEPTED BY: PRINTED NAME: TITLE: DATE: DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Geotechnical Investigation Geotest Engineering, Inc. City of Pearland Green Tee Transite WL Replacement Proposal No: 1140567099 City of Pearland., Texas Quantity Unit Unit Cost Amount Field Investigation Mob and Demob of Truck Mounted Drilling Rig 1 LS $400.00 $400.00 Drilling and Continous Sampling (0'-20' )60.0 ft.$24.00 $1,440.00 Grouting of Completed Bore Holes 60.0 ft.$9.00 $540.00 Utility Clerance for Boring Locations,Marking borings and Field Coordination 6.0 hr.$75.00 $450.00 Vehicle Charge 6.0 hr.$9.00 $54.00 Subtotal $2,884.00 Laboratory Testing Liquid and Plastic Limits 6 ea.$60.00 $360.00 Moisture Content Only 22 ea.$9.00 $198.00 Percent Passing No. 200 Sieve 6 ea.$46.00 $276.00 Unconsolidated Undrained Triaxial Compression 6 ea.$61.00 $366.00 Subtotal $1,200.00 Engineering Services Sr. Engineer 3 hrs.$170.00 $510.00 Project Engineer 6 hrs.$105.00 $630.00 Graduate Engineer 28 hrs.$85.00 $2,380.00 Support Personnel, Word Processing 6 hrs.$60.00 $360.00 Subtotal $3,880.00 Total $7,964.00 COST BREAKDOWN ATTACHMENT NO. 1 PC38\Geotechnical\Proposals\40567099_Cost\Cost Breakdown DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 CC..NN.. KKooeehhll Urban Forestry, Inc. 210 Stone Bush Ct. ◦ Katy, Texas 77493 ◦ Phone 281-391-0022 ◦ ckoehl@koehlurbanforestry.com March 17, 2022 Mr. Justin Bartlett, PhD, PE Project Manager KIT 2000 W Sam Houston Parkway South, Suite 1400 Houston, Texas 77042 Re: Proposal for Urban Forestry Consulting Services on the City of Pearland, Green Tee Transite Water Line Replacement Project. Project WA2203 Dear Mr. Bartlett, As per your request, C.N. Koehl Urban Forestry, Inc. proposes to provide technical assistance for tree preservation/protection during design phase of the City of Pearland, Green Tee Transite Water Line Replacement Project (39,000 l.f.). Our tree preservation planning will help to ensure long term tree survival and continued growth, and address trees that could lose too much structural root system, jeopardizing their structural integrity, which would create liabilities. We look forward to providing you and the City of Pearland the technical assistance needed for successful tree preservation. We are willing to provide services in whatever capacity you and the City deem appropriate, however, the following scope of services has worked well on similar projects in the past. PHASE 2 – SERVICES FOR PROJECT DESIGN Field Evaluation/Site Visit We will walk both sides of each street where construction is proposed to evaluate the specific impacts of proposed construction design and the preservation feasibility of each tree. Proposed construction activity adjacent to each tree will be evaluated to determine impacts on long-term tree survival and structural integrity. The field evaluation/site visit will be scheduled in conjunction with our 60% Submittal Tree Preservation Plan. Fee for Field Evaluation/Site Visit Degreed Urban Forester - 23.0 hours @ $135.00/hour……. $3,105.00 Field Tech (Accompany for safety) – 23.0 hrs @ $80.00…. $1,840.00 60% Submittal Tree Preservation Plan The plan and profile drawings, provided by the engineer, will be reviewed between the 30 and 60 percent submittals, to determine treatment for each tree. Each tree will be numbered on the drawings. A tree treatment schedule will list each tree by number, species, diameter, condition, and recommended treatment. Each tree (public and private) adjacent to construction activity will be evaluated to ensure that construction DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Mr. Justin Bartlett, PHD, PE Green Tee WL replacement Forestry Proposal Page 2 of 4 activity will not destroy too much of the structural root system. Destroying too much of the structural root system leaves the tree unstable, which could create liabilities. Should we find any conflicts with proposed construction or any liability issues we will make recommendations for minor design changes or for removal of the tree. Recommendations for minor design changes, such as shifting fire hydrant, tees, fittings or service taps & leads will be redlined on plan and profile drawings copied to our Tree Submittal Form with a brief description of recommended changes and e-mailed to your office. Design change recommendations can then be reviewed by engineer and client to determine feasibility. After we receive your comments on our design change recommendations we will develop an Autocad drawn tree protection plan which will identify the mitigative and protective treatments needed to ensure long term tree survival. Plan and profile drawings, provided by the engineer, will be used to indicate each tree by number, and exact location of preservation treatments (protection fencing (which identifies to contractor where bore pits or come out holes cannot be located) root pruning trench, hand digging service leads immediately adjacent to trees, etc.). A specification, addressing tree protection, will be provided to address all recommendations made in the treatment schedule and on the plans. Any replacement planting that may be necessary to comply with Tree Ordinance will be included on the tree protection plan and a specification section provided. Details for tree treatments will be included in the tree protection plan. Quantity totals and cost estimates for each tree treatment will be provided. The tree protection plan, specifications, and quantity totals and cost estimates will be emailed to you so that your staff may use the specs and quantity estimates as needed and plot the tree protection plan as it is needed. The tree protection plan will include our logo with a signature line, which we provide a signed PDF file at the mylar stage. The tree protection plan, specifications and quantity/cost estimate can be included in your 60% submittal so that the City’s staff can review our plan and provide comments prior to the final submittal. We will need 20-25 business days to schedule and complete the field evaluation and preliminary tree protection plan. Fee for Preliminary Evaluation/Plan 34.0 hours @ $135.00/hour………….. ……….……………….$4,590.00 90% Submittal Tree Preservation Plan and Specifications We will review the construction design between the 60% and 90% submittal, following comments from the City on recommendations made in the 60% submittal, to ensure that any design changes that may have been made in the civil design are incorporated into the tree protection plan. Changes necessary to the tree protection plan will be completed in the DWG drawings and resubmitted to engineer for plotting. Quantity/Cost estimates, and specifications will be updated and forwarded to engineer for inclusion in project. We will need 7-10 business days to complete the Final Evaluation and Plan. Fee for Final Tree Preservation Plan and Specifications 8.0 hours @ $135.00/hour …………………………………….$1,080.00 DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Mr. Justin Bartlett, PHD, PE Green Tee WL replacement Forestry Proposal Page 3 of 4 Final Evaluation/Tree Preservation Plan and Specifications We will review the construction design just prior to the final submittal, following comments from the City on recommendations made in the 90% submittal, to ensure that any design changes that may have been made are incorporated into the final tree protection plan. Changes necessary to the tree protection plan will be completed in the DWG drawings and resubmitted to engineer for final plotting. Quantity/Cost estimates, and specifications will be finalized and forwarded to engineer for inclusion in project. We will need 7-10 business days to complete the Final Evaluation and Plan. Fee for Final Tree Preservation Plan and Specifications 5.0 hours @ $135.00/hour …………………………………….$675.00 Drafting AutoCAD (DWG) files of Tree Preservation Plan We do have AutoCAD capabilities and will provide a CAD drawn document. We will need the electronic files of proposed construction in DWG format. We will use the project title block and insert plan drawings at a 1:40 scale, double banked on each sheet, similar to most traffic control plans. Tree treatment schedule will be included on each sheet which will call out treatments for each specific tree. This format typically allows us to fit approximately 1,200-1,500 l.f. per plan sheet, which would give us 26-32 sheets on this project. Two sheets with project details and list of tree removals will also be included, which would give us a total of 28 to 34 sheets. The drawings will be emailed or uploaded to FTP site, so that you may plot the files as you need them. CAD drafting will be completed in conjunction with the Preliminary and Final Plans. No additional time required. Fee for Drafting DWG files of the Tree Preservation Plan 36.0 hours @ $60.00/hour ……………………………….$2,160.00 Total Phase 2 Fees Urban Forestry Services for development of Tree Protection Plan…..$11,290.00 Drafting Services Fee for DWG files…………………………………….$2,160.00 Total Fee for CAD drawn Tree Protection Plan………………………..$13,450.00 We have utilized the services contained in this proposal on similar projects for The City of West University Place Infrastructure Replacement Program, City of Pearland Street Reconstruction, City of Pearland Water and Sanitary replacement projects, City of Houston Neighborhood Street Reconstruction Program, City of Houston Surface Water Transmission Program, City of Missouri City Street Reconstruction, City of Friendswood Street Reconstruction, City of Piney Point Street Reconstruction, City of Humble Street Reconstruction, City of Texas City Street Reconstruction, City of Sugarland Street Reconstruction, City of Southside Place Street Reconstruction and numerous City of Houston waterline and sewer projects in the past. DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Mr. Justin Bartlett, PHD, PE Green Tee WL replacement Forestry Proposal Page 4 of 4 It is our goal to provide you the most effective, efficient, and value added services we can provide. We are willing to provide services in whatever capacity you deem appropriate, be it all services outlined herein, or a desired few. All fees included in this proposal should be considered not to exceed fees, as we will invoice only for time and mileage needed in each step. Time will be invoiced at $135.00/hour for urban forester, $50.00/hour for field tech and $60.00/hour for draftsman, and mileage at $0.50/mile. If this proposal meets with your approval and you would like to retain our services, please forward your standard agreement or a notice to proceed, and we will schedule the work to meet your project submittals. We greatly appreciate the opportunity to present this proposal and look forward to working with you on this project. If you have any questions or would like to make any changes, please do not hesitate to call me at 281-391-0022. Respectfully submitted, Craig Koehl Urban Forestry Consultant DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 kitprofs.com 2000 W Sam Houston Parkway S MAIN 713-783-8700 Suite 1400 FAX 713-783-8747 Houston, TX 77042 ATTACHMENT D Preliminary Project Schedule DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 ID Task Mode Task Name Duration Start Finish PredecessorsResource Names 0 Phase II Services_WLR in Green Tee 197 days Tue 11/8/22 Wed 8/9/23 1 Notice to Proceed - Phase II 0 days Tue 11/8/22 Tue 11/8/22 2 Project Kickoff Meeting 2 days Tue 11/8/22 Wed 11/9/22 1 3 Preparation of 30% Drawings 12 wks Thu 11/10/22 Wed 2/1/23 2 4 Submit 30% Drawings for Review 0 days Wed 2/1/23 Wed 2/1/23 3 5 COP Review and Comments for 30% Submittal 3 wks Thu 2/2/23 Wed 2/22/23 4 6 Preparation of 60% Drawings 6 wks Thu 2/23/23 Wed 4/5/23 5 7 Submit 60% Drawings for Review 0 days Wed 4/5/23 Wed 4/5/23 6 8 COP Review and Comments for 60% Submittal 3 wks Thu 4/6/23 Wed 4/26/23 7 9 Preparation of 90% Drawings 5 wks Thu 4/27/23 Wed 5/31/23 8 10 Submit 90% Drawings for Review 0 days Wed 5/31/23 Wed 5/31/23 9 11 COP Review and Comments for 90% Submittal 2 wks Thu 6/1/23 Wed 6/14/23 10 12 Prepare final Drawings and Specifications 2 wks Thu 6/15/23 Wed 6/28/23 11 13 Submit Final Drawings and Specifications 0 days Wed 6/28/23 Wed 6/28/23 12 14 COP Review and Comments of Final Dwgs./Specs Submittal 4 wks Thu 6/29/23 Wed 7/26/23 13 15 Preparing Bid Ready Drawings and Specifications 2 wks Thu 7/27/23 Wed 8/9/23 14 16 Submit Bid Ready Drawings and Specifications 0 days Wed 8/9/23 Wed 8/9/23 15 11/8(Assumed NTP) Preparation of 30% Drawings 2/1 COP Review Preparation of 60% Drawings 4/5 COP Review Preparation of 90% Drawings 5/31 COP Review Prepare final Drawings and Specifications 6/28 COP Review Preparing Bid Ready Drawings and Specifications Submit Bid Ready Drawings and Specifications 8/9 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Qtr 4, 2022 Qtr 1, 2023 Qtr 2, 2023 Qtr 3, 2023 GREEN TEE TRANSITE PIPE WATER LINE REPLACEMENT Page 1 DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 05/03/2022 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. KIT Professionals, Inc. Houston, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Pearland, Texas Green Tee Transite Pipe Water Line Replacement - Design Phase, Bid Phase, & Construction Phase engineering svcs. Construction plans, technical specifications, & a detailed opinion of estimated cost. WA2203 2022-881704 05/10/2022 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 X My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V1.1.191b5cdcwww.ethics.state.tx.usForms provided by Texas Ethics Commission DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 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 (WC) Statutory Limits $1,000,000 per occurrence For WC, CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. 2. Commercial General (Public) Liability (CGL) 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 - $2,000,000 CGL and BAL, City to be listed as additional insured and provided 30-day notice of cancellation or material change in coverage. WC, CGL and BAL, City shall be provided 30-day notice of cancellation or material change in coverage. 3. Business Auto Liability (BAL) to include coverage for: a) Owned/Leased vehicles b) Non-owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 CGL will include a non- contributory addendum. If the contract involves a professional service, the contractor will also be required to provide the City with professional liability insurance in an amount of at least $1,000,000. The Insurance forms may be sent to Purchasing Department. DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Hartford Lloyds Insurance Company Hartford Underwriters Insurance Company Pacific Insurance Company Ltd 5/04/2022 USI Southwest 9811 Katy Freeway, Suite 500 Houston, TX 77024 713 490-4600 Michelle Weweh & Michele T. 713 490-4512 713-490-4700 usi.certrequest@usi.com KIT Professionals, Inc. 2000 W Sam Houston Pkwy S, Suite 1400 Houston, TX 77042 38253 30104 10046 A X X X 61SBAPA9174 04/08/2022 04/08/2023 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A X X 61SBAPA9174 04/08/2022 04/08/2023 1,000,000 A X X X 10000 61SBAPA9174 04/08/2022 04/08/2023 10,000,000 10,000,000 B N 61WECAE0401 01/19/2022 01/19/2023 X 1,000,000 1,000,000 1,000,000 C Professional Liability 02OH044225422 03/20/2022 03/20/2023 $2,000,000 per claim $4,000,000 annl aggr. The General Liability and Auto Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there is a written contract or written agreement between the named insured and the certificate holder that requires such status, and only with regard to work performed on behalf of the named insured. (See Attached Descriptions) City of Pearland 3519 Liberty Dr. Pearland, TX 77581 1 of 2 #S35859673/M35449683 KITPROFEClient#: 157279 MGAZP 1 of 2 #S35859673/M35449683 DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) All policies provide a Blanket Waiver of Subrogation when required by written contract, except as prohibited by law. The General Liability and Auto Liability policies contain an endorsement with "Primary and Noncontributory" wording with respects to the sole negligence of the named insured, when required by written contract. When required by written contract,the General Liability and Auto Liability policies include a blanket endorsement providing that 30 days notice of cancellation for reasons other than non payment of premium and 10 days notice of cancellation for non payment of premium will be given to the Certificate Holder by the Insurance Carrier. RE: Project Name: WA2203 - Green Tee Transite Pipe Water Line Replacement. 2 of 2 #S35859673/M35449683 DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 ft. I r I I.Jl es alUl I�I.�I II Policy No. 61 SBAPA9174 General Liability Policy Automobile Liability Policy Additional Insured; See Pages 11 -14 (C. 6. a -f); pg. 15 of 24 (E.2.e); and Pages 18 - 20 (F.) Primary Non -Contributory: See Page 17 of 24 (E.7 a. & b.) Waiver of Subrogation: See Page 17 of 24 (E.8.b.) BUSINESS LIABILITY COVERAGE FORM l Forth SS 00 08 04 05 2005. The Hartford DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES Business Liability Mecfrcai Expenses Coverage Extension - Supplementary Payments 1 1 2 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense. Claim Or Suit 15 3. Financiai ResponSibiIity Laws 16 4, Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others Tip. €Js 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES la Additional Insureds 12 C. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form 55 00 013 04 05 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. BISBAPA9174 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights. duties and what s and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we" "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who is An Insured. Other words and phrases that appear iii quotation marks have special meaning, Refer to Section G, - Liability And Medical Expenses Definitions. A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit„ seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion. investigate any "occurrence" or offense and settle any claim or "suit" that may result, But: (1) The amount we will pay for damages is limited as described in Section U. Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments, b. This insurance applies. (1) To "bodily injury" and "property damage" only if: (a) The "bodily injury' or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; (b) The "bodily injury" or "property damage" occurs during the policy period; and {c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or 'property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. -- Who is An Insured or any "err€ployee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury„ or "property damage" to us or any other insurer; Form S5 00 08 04 05 © 2005, The Hartford Page 1 of 24 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. B75BAPA9174 BUSINESS LIABILITY COVERAGE FORM (2) (3) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage": or Becomes aware by any other means that 'bodily injury'. or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician ❑r paramedic shall be deemed to be caused by an "occurrence", but ❑nly if: (a) The physician, dentist, nurse, emergency medica technician or paramedic is employed by you to provide such services. and (b) You are not engaged in the business or occupation of providing such services. For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with ail related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. MEDICAL EXPENSES Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (2) (1) On premises you own or rent; (2) On ways next to premises you ❑wn or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period: (2) The expenses are incurred and reported to us within three years of the date of the accident: and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: First aid administered at the time of an accident; Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and Necessary ambulance, hospital, professional nursing and funeral services. 3. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a. We will pay, with respect to any claim or "suit" we investigate or settle, or any "suit" against an insured we defend: (1) All expenses we incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up lo $500 a day because of time off from work. (5) All costs taxed against the insured in the "suit". (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. (7) Alf interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the limits of insurance. Page 2 of 24 Form 55 00 08 04 05 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. 615BAPA9174 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: (11 The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; The obligation to defend, or the cost of the defense of, that €ndemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee: and (6) The indemnitee: (a) Agrees in writing to: (i) Cooperate with us in the investigation, settlement or defense of the "suit"; (if) immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit": (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) O01ain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". (3) So long as the above conditions are met, attorneys' fees incurred 5y us in the defense of that indemnitee, necessary iiiirgation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. -- Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage. expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property: or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Contractual Liability (1) "Bodily injury" or "property damage"; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does riot apply to liability for damages because of: (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or Form SS 00 03 04 05 Page 3 of 24 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 ru I rrolesslonals, Inc. Policy N o. 618 BAPA9174 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property darnace" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided: (I) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract". and (ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages, d. Workers' Compensation And Similar Laws Arty obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law, e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business, or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury", "property damage" or "personal and advertising injury' arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is i.ised to heat, cool or dehumidify l:he bui€ding. or equipment that is used to heat water for personal use, by the building's occupants or their guest; (ii) "Bodily injury" or "properly damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured: or Page 4 of 24 Form 5S 00 08 04 05 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. 61 S BAPA9174 BUSINESS LIAB€L€TY COVERAGE FORM (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling. storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured, or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured. contractor or subcontractor. However, this subparagraph does not apply to: (I) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them, This exception does not apply if the "bodily injury" or "properly damage" arises out of the intentional discharge, dispersal or release of the fuels. lubricants or other operating fluids, or f such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or 'property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from. a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any less, cost or expense arising out of any: a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of. "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured could have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or 'suit" by or on behalf of a governmental authority. Form SS 00 08 04 05 Page 5 of 24 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. 61S6APA9174 BUSINESS LIABILITY COVERAGE FORM 9, Aircraft, Auto Or Watercraft ..Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, 'auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". 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' involved the ownership, maintenance, use or entrustment ent to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long: and (b) Not being used to carry persons for a charge; Parking an "auto" on, or on the ways next to. premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; 'Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or t,(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "proper damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (3) (5) 1. (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity, (3) War "Bodily injury", "property damage" or "personal and advertising injury" however caused, arising, directly or indirectly, out of (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Professional Services "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x••rav or nursing services treatment, advice or instruction; Any health or therapeutic service treatment, advice or instruction; Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming: Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (3) (5) (6) (7) Page 6 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. 61SBAPA9174 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fttirig.demon stration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10) Services in the practice of pharmacy; and (11) Computer consulting, design or proorarnming services, including web site design. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. - Coverages. k. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property: (2) Premises you sell, give away or abandon, if the "property damage" arises out deny part of those premises; Property loaned to you; Personal property in the care, custody or control of the insured; That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage„ arises out of those operatons; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it, (3) (4) (5) (riot including ear Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D. - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the „products -completed operations hazard". t. Damage To Your Product "Property damage" to "your product,. arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the !ass of use of other property arising cut of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 Policy No. 615BAPA9174 BUSINESS LIABILITY COVERAGE FORM P- o. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the foss of use, withdrawal, recall, inspection, repair, replacement, adjustment. removal or disposal of: (1) "Your product"; (2) "Your work": or (3) "Impaired property": if such product, work or property is withdrawn or recal ed from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. Personal And Advertising Injury "Personal and advertising injury". (1) Arising out of oral, written or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity: (2) Arising out of oral, written or electronic publication of material whose first publication took p ace before the beginning of the policy period; Arising out of a criminal act committed by or at the direction of the insured; (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement"; (5) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement": Arising out of the wrong description of the price of goods, products or services; Arising cut of any violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret. service mark or other designation of origin or authenticity. However, this exclusion does not apply to infringement, in your "advertisement", of (a) Copyright: (b) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or (3) (6) (7) (c) Title of any literary or artistic work; (B) Arising out of an offense committed by an insured whose business is: (a) Advertising, broadcasting, publishing or telecasting: (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of "personal and advertising injury" in Section G. — Liability And Medical Expenses Definitions, For the purposes of this exclusion; placing an "advertisement" for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting; Arising out of an electronic chat room or bulletin board the insured hosts. owns, or over which the insured exercises control; (10) Arising out of the unauthorized use of another's narrre or product in your e-mail address, domain name or rnetatags, or any other similar tactics to mislead another's potential customers; (11) Arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (12) Arising out of: (a) An "advertisement" for others on your web site; (b) Placing a link to a web site o€ others on your web site; (c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or images; or (d) Computer code, software or programming used to enable: (i) Your web site; or (ii) The presentation or functionality of an "advertisement" or other content on your web site; (9) Page 8 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. 61 SBAPA9174 BUSINESS LIABILITY COVERAGE FORM g• (13) Arising out of a violation of any anti- trust law; (14) Arising out of the fluctuation in price or value of any stocks, bonds or other securit€es; or (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inabi ity to access, or inability to manipulate "electronic data". Employment -Related Practices "Bodily injury" or "personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment: or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reasss, nnient. discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of 'bodily injury" or "personal and advertising injury" to the Person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1) "Bodily injury", "property darnace" or "personal and advertising injury" arising out of the "asbestos hazard"_ (2) Any damages, judgments, settlements, loss, costs or expenses that (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the 'asbestos hazard'; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for. monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or Arise out of any claim or suit for damages because of testng for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t, Violation Of Statutes That Govern E - Mails, Fax, Phone Calls Or Other Methods Of Sending Material Or Information "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act ('I -CPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; or Any statute, ordinance or regulation, other than the TCPA. or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, corm unicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire. Lightning or Explosion Exclusions c. through h. and lc. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by your with permission of the owner, A separate Limit of Insurance applies to this coverage as described in Section D. - Liability And Medical Expenses Limits Of Insurance. (3) (c) Form SS 00 08 04 05 Page 9 of 24 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy HD. 61SBAPA91T4 BUSINESS LJABILJTY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We wirl cot pay experxses ;or 'bodily Injury": a. Any insured Ti any insured. except'"volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers` Compensation And Similar Laws To a person, whether ar not an "employee" of any insured, if benefits for the "bodily injury" are payable or rnust be provided under a woofers' compensation or disability benefits law or a similar law_ e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard tnctuded with the "products -completed operations hazard", Business Liability Exclusions Excluded under Business Liability Coverage. g. C. WHO IS AN INSURED 1. If you ere designated in the Declarations as: a. An individual, you and your spouse are insureds. but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organizaliori other than a partnership, joint venture or limited liability company, you are an insured_ Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only well respect to their liability as stockholders, e_ A trust, you are an insured_ Your trustees are also insureds, but only with respect io their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees', other then either your "executive officers" Of you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury' or "personal and advertising injury': (a) To you, to your partners or members if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business: (b) To the spouse, child, parent. brother or sister of that cc - 'employee" or that "volunteer worker" as a consequence of Paragraph (1}(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services, if you are not in the business of providing professional health care services, Paragraph (d) does riot apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) `Property damage" to property. (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 Policy No. 615ti3APA9174 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or control ot, or over which physical control is being exercised for any purpose by you, any of your "employees', "volunteer workers', any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company)_ b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your rear estate manager. c, Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die. but only: (1) (2) With respect to liability arising out ref the maintenance or use of #hat property; and Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as Such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stook on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of rnore than 50% of the voting stock, will qualify as a Named Insured if there is rio other similar insurance available to that organization. However: a_ Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier: and b. Coverage under this provision does not apply lo: (1) "Bodily injury" or "property damage" that Occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, 4. Operator Of Mobile Equipment With respect to 'mobile equipment' registered in your name under any motor vehicle registration law, any person is an insured while driving sofa equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. 'Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Ffoaowned Watercraft With respect to watercraft you an not awn that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if na other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a cc -"employee" of the person operating the watercraft; or b. 'Property damage' to property owned by, rented to. in the Charge of or occupied by you or the employer of any person who is an insured under this provision. 6, Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(e) or organizatien(s} identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Forrn SS 00 08 04 05 Page 11 of 24 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 Policy No. 615BAPA9174 BUSINESS LIAB€L€TY COVERAGE FORM contract. written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit, However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section P. — Optional Additional Insured Coverages. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement, This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of pars under instructions from the manufacturer, and then repackaged in the original container; ( (e) Any failure to make such inspections, adjustments. tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or ©missions or those of its employees or anyone else acting on its behalf, However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their 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. Page 12 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. B1SBAPA9174 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment, c. Lessors Of Land Or Premises (1) Any person or organization from whom you iease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises teased to you. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that :and or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization, d. Architects, Engineers Or Surveyors (1) Any architect, engineer. or surveyor, but only with respect to liability for "bodily injury", "properly damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) in connection with your premises; or (2) (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury" "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing. approving, or failure to prepare or approve, maps, shop drawings, opinions, reports. surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions (1) Any slate or political subdivision, hut only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, 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", f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a_ throughe. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard", but only if (i) The written contract or written agreernent requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard", (2) With respect to the insurance afforded to these additional insureds, 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 architectural, engineering or surveying services, including: Form SS 00 06 04 05 Page 13 of 24 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. 61 SBAPA9174 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance, Condition in Section E...- Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds: b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we wilt pay for: a. Damages because of "bodily injury" and "property damage" included in Ihe "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations, b. Damages because of a€l other "bodily injury" "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Dec€arrtions. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting ots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury". "property damage" arid medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because o€ all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. in the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event; whether such damage results from tire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown iri the Declarations and described in this Section.. Page 14 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. 61 SBAPA9174 (BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit"_ However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starling 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 cideterrnrning the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence. Offense, Claim Or Suit a_ Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include; (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the ,.occurrence" or offense_ b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) immediately record the specifies of the claim Or "suit' and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; Cooperate with us in the investigation. settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The insured's Own Cost No insured will. except at that insured's own cost, voluntarily make a payment, assume any abligalion, or incur any expense, other than for fiirst aid, without our consent (3) e. Additional insured's Other Insurance If we cover a claim or "suit" under this Coverage Pail that may also be covered by other insurance available to an additional insured, such additional insured must submit such' claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. €. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: You or any additional insured that is an individual, Any partner. if you or an additional insured is a partnership; Any manager, if you or an additional insured is a limited liability company; Any ,.executive officer" or insurance manager, if you or an additional insured is a corporation; Any trustee, if you or an additional insured is a trust; or Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. Form 55 00 08 04 05 Page 15 of 24 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. 615BAPA9174 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you arid any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property darnaae" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. Wth respect to "mobile equipment" to which this insurance applies, we' will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle: law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been sully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant: or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. A5 if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit'' is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based Up On representations you made to us: and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire. Extended Coverage, Bui€der's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire. lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. Coverages. Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. (5) Page 16 of 24 Form 5S 00 08 04 05 DocuSign Envelope ID: 6CA07613-1B65-401D-BC30-D25DC3C0CD01 Policy No. 61 SBAPA917 4 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An Additional Insured To Other insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an acid}tional insured by that insurance, or (7) When You Add Others As An Additional Insured Tai This Insura rice That is other Insurance available to an additional insured, However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required 8y Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance Is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured_ When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit. if no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers, When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, it any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance, and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is riot described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part, c. Method Of Sharing If all the other insurance permits contribution by equal shares. we will follow this method also. Under this approach. each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. if any of the other insurance does not permit contribution by equal shares. we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of ail insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer O€ Rights Of Recovery if the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring 'suit' or transfer those rights to us and help us enforce them, This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment. including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such parson or organization in a contract, agreement or permit that was executed prior to the injury or damage_ Form SS 00 08 04 05 Page 17 of 24 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. 61SBAPA91T4 BUSINESS LIAHII.ITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) o€ Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations, These coverages are subject to the terms and conditions applicable to Business LiabiJity Coverage in this policy. except as provided below: 1, Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the personfs) or organizations) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused. in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations, or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the persons) or organization(s) shown in the Declarations as an Additional Insured - Desagnated Person Or Organization: but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any -occurrence' which takes place after you cease to be a tenant in that premises: or (2) Structural alterations. new construction or dernoirtiun operations performed by or on behalf of such person or organization. 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the personas) nr organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but 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(s) or organization(s). b. With respect lo the insurance afforded to these additional insureds, this insurance does riot apply to any "occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Diner Interests Prom Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds. the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land: Or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization_ 6_ Additional Insured - State Or Political Subdivision — Pemilts a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. 6ISBAPA9174 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permi₹. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury" ".property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; Or (2) "Bodily injury" or 'property damage" included in the "product -completed operations" hazard. 7. Additional Insured — Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, Out only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only If this Coverage Part provides coverage for 'bodily injury" or "property damage" included within the "products -completed operations hazard". b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions f₹-om the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration,installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the so e negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured - Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organizations) shown in the Declarations as an Additional Insured - Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. Form S5 00 08 04 05 Page 19 of 24 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 ru I rrolesslonals, Inc. Policy N o. 618 BAPA9174 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured Owners, Lessees Or Contractors -- Scheduled Person Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional insured — Owner. Lessees Or Contractors, but only with respect to liability for 'bodily injury" "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for the additional insuredis): or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard", but only if this Coverage Part provides coverage for "bodily injury' or "property damage" included within the "products -completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury" "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: ( ) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 10. Additional Insured — Co -Owner Of Insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organization(s) shown in the Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with respect to their liability as co-owner of the premises shown in the Declarations. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section B. — Liabilify And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a, (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper: b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services: or c. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement'. 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form, 4. "Auto" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment.. But "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness: or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. 615BAPA9174 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts o€ the world if the injury or damage arises cut of: (1) (2) (3) Goods or products made or sold by you in the territory described in a. above; The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business: or "Personal and advertising injury' offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions). Puerto Rico or Canada, in a "su€t" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs: a. Stored as or on: b. Created or used on: or c. Transmitted to or from computer software, including systems and applications software, hard or floppy disks. CD-R.OMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than 'your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective. deficient, inadequate or dangerous: or b. You have tailed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; Of b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. -- Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad: d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party ₹o pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. 61SBAPA9174 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, in€uding those listed ir, (1) above and supervisory, inspection, architectural or engineering activities, 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; h. While it is in or on an aircraft, watercraft or "auto"; or c, While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but: "loading or unloading" does not include the movement of property by means of a mechanical device. other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises ;you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning: (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, includi€€ng consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; (3) Page 22 of 24 Form S5 00 08 04 05 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. 61 SBAPA9174 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a persons right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; infrinoernent of copyright, slogan, or title of any literary or artistic work: in your "advertisement"; or h. Discrimination or humiliation that results in injury to the fee ings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard"; a. Includes all "bodily injury" and "properly damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that pad of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. 9. (C) Work that may need service, maintenance, correction, repair or replacenment, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Properly damage" means: a. Physical injury to tangible property: including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. Alf such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury". "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your "employee"; Form SS 00 08 04 05 Page 23 of 24 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 KIT Professionals, Inc. Policy No. 61SBAPA9174 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you, 24. Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles). materials, parts or equipment furnished in connection with such goods or produce, b. Includes; (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product": and (c) (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 2.5. 'Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durabi€ity, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 24 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with 1. ( ) Special Waiver Name of person or organization respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Form WC 42 03 04 B Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with 1. ( ) Special Waiver Name of person or organization respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: BLANKET AS REQUIRED BY WRITTEN CONTRACT 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Form WC 42 03 04 B Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 r DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 Policy No. CH21MPL0BJE78NC F. Other Insurance Such insurance as is provided by this policy shall be excess of any other valid and collectible insurance, unless such other insurance is written specifically excess of this insurance by reference in such other policy to the policy number in this policy's Declarations. This policy will not be subject to the terms and conditions of any other insurance. In the event the Insured is also provided insurance by another insurance policy issued for a specific project or projects, this policy will not respond until the limit of liability of such other insurance has been exhausted, regardless if such other insurance is primary, pro -rata, contributory, excess, self -insured, umbrella, contingent or otherwise. G. Subrogation In the event of any payment for claims under this policy, the Company will be subrogated in the amount of such payment to all the Insured's rights of recovery against any person or organization. The Insured will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured will do nothing to prejudice such rights. The Company hereby waives subrogation rights against any Insured under this policy, and also against the Insured's client to the extent that the Insured had, prior to the claim or potential claim a written agreement to waive such rights. H. Changes Notice to any agent of the Company or knowledge possessed by any such agent or by any other person will not effect a waiver or a change in any part of this policy, and will not prevent or preclude the Company from asserting or invoking any right or provision of this policy. None of the provisions of this policy will be waived, changed or modified except by a written endorsement issued by the Company to form a part of this policy. I. Cancellation/Nonrenewal 1. This policy may be cancelled by the Named Insured by returning it to the Company. The Named Insured may also cancel this policy by giving written notice to the Company stating at what future date cancellation is to be effective. 2. The Company may cancel or non -renew this policy by sending written notice to the Named Insured at the address last known to the Company. The Company will provide written notice at least 60 days before cancellation or non -renewal is to be effective. However, if the Company cancels this policy because the Insured has failed to pay a premium when due, this policy may be canceled by the Company by mailing to the Named Insured written notice stating when, not less than 10 days thereafter, such cancellation will be effective. The time of surrender of the policy or the effective date and hour of cancellation stated in the notice will become the end of the policy period. Delivery of such written notice either by the Named Insured or by the Company will be equivalent to mailing. 3. If the Company cancels this policy, the earned premium will be computed on a pro rata basis. If the Named Insured cancels this policy, the Company will retain the customary short rate proportion of the premium. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. 4. The offering of terms and conditions different from the expiring terms and conditions, including limits of liability, deductible or premium, shall not constitute a refusal to renew or a cancellation of this policy. NSIC DPL 1001 (01 10) Page 10 of 13 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 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: MWH AMERICAS, INC 3301 C STREET, SUITE 1900 SACRAMENTO, CA 95816 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 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: SHELL GLOBAL SOLUTIONS, INC. 10777 WESTHEIMER RD, #808A, HOUSTON, TX 77042 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 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: ETC WATER SOLUTIONS, LLC 711 LOUISIANA ST, # 900 HOUSTON, TX 77002 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 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: /BITSOFCODE SOFTWARE SYSTEMS INC., 10777 WESTHEIMER RD, #808A, HOUSTON, TX 77042 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. Number of days advance notice: 30 2. Notice will be mailed to: City of Baytown PO Box 424 Baytown, TX 77522-0424 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF BAYTOWN PO BOX 424, BAYTOWN, TX 77522-0424 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. Number of days advance notice: 30 2. Notice will be mailed to: City of Dallas Attn: Director Office of Risk Mgt. 1500 MariIla, 6A -South Dallas, TX 75201 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. Number of days advance notice: 30 2. Notice will be mailed to: City of Dallas Public Works Dep. 320 E Jefferson Dallas, TX 75203 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 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: Parsons Water & Infrastructure, Inc 9101 Burnet Rd., Suite 210 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 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: HNTB Corporation 1301 Fannin Street, Suite 2000 Houston, Texas 77002 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF HOUSTON 611 WALKER, 15TH FLOOR HOUSTON, TX 77002 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 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: CH2MH ILL 12750 MERIT DRIVE SUITE 1100, DALLAS, TX 75251 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 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: BAYTOWN AREA WATER AUTHORITY PO BOX 424 BAYTOWN, TX 77522-0424 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 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: LOCKWOOD, ANDREWS & NEWMAN, INC 2925 BRIAR PARK DRIVE #400 HOUSTON TX 77042 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 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: PARSONS 8000 CENTRE PARK DR,#200 AUSTIN, TX 78754-5140 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. Number of days advance notice: 30 2. Notice will be mailed to: City of Sugar Land PO Box 110 Sugar Land, TX 77487 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number: 61 WEC AE0401 Endorsement Number: Effective Date: 01/19/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KIT PROFESSIONALS, INC. 2000 W SAM HOUSTON PKWY S STE 1400 HOUSTON TX 77042 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: ALAN PLUMMER ASSOCIATES, INC. 3100 WILCREST DR, SUITE 270 HOUSTON, TX 77042 Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. Process Date: 12/10/21 Policy Expiration Date: 01/19/23 DocuSign Envelope ID: 6CA07613-1 B65-401 D-BC30-D25DC3C0CD01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions; A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holders), with mailing addresses on file with the agent of record or ttie Company. B. If this policy is cancelled by the company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten X10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. if notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) an file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Form SS 12 24 06 11 Page 1 of 1 12011, The Hartford