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HomeMy WebLinkAboutR2023-052 2023-03-06DocuSign Envelope ID: 2FF1 F313-1 DA6-4BE9-B3C7-F76906610774 RESOLUTION NO. R2023-52 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Ardurra Group, Inc., for Owner's Advisor services associated with the Barry Rose Water Reclamation Facility Expansion and the Longwood Water Reclamation Facility Decommissioning Projects, in the estimated amount of $6,896,585.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for Owner's Advisor services associated with the Barry Rose Water Reclamation Facility Expansion and the Longwood Water Reclamation Facility Decommissioning Projects, 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 Owner's Advisor services associated with Barry Rose Water Reclamation Facility Expansion and the Longwood Water Reclamation Facility Decommissioning Projects. PASSED, APPROVED and ADOPTED this the 6th day of March, A.D., 2023. DocuSigned by: pze.. D48C 1 AC 1 �O W4r2 . J. KEVIN COLE MAYOR ATTEST: [rwsDocuSigned by: Q tar' 60E 22531 415 . FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: -DocuSigned by: C18CA838BB1F4B6... DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: C277DB93-EOD5-4AAA-9DAD-OFB1A6266CBB CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Ardurra Group, LLC ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Barry Rose WRF Replacement and Expansion and Longwood WRF Decommissioning ("PROJECT"). (Project #WW1502 and WW1906) SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform professional engineering services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors Design 1 of 7 D2. Revised 04/2019 DocuSign Envelope ID: C277DB93-EOD5-4AAA-9DAD-OFB1A6266CBB and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. The CONSULTANT shall agree to waive its Right to Subrogation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. Design 2 of 7 D2 Revised 04/2019 DocuSign Envelope ID: C277DB93-EOD5-4AAA-9DAD-OFB1A6266CBB SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end December 31, 2027. 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: Barry Rose WRF Expansion (WW1502) 1. Basic Services (Not to Exceed) $2,016,982.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Not to Exceed): $636,000.00 3. Bid Phase Services (Hourly Not to Exceed) $0.00 4. Construction Phase Services (Hourly Not to Exceed) $2,678,603.00 5. Reimbursable Expenses (Not to Exceed) $0.00 6. Total: $5,331,585.00 Longwood WRF Decommissioning Lift Station, and Force Main (WW1906) 1. Basic Services (Not to Exceed) $573,000.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Not to Exceed): $204,000.00 3. Bid Phase Services (Hourly Not to Exceed) $0.00 4. Construction Phase Services (Hourly Not to Exceed) $788,000.00 5. Reimbursable Expenses (Not to Exceed) $0.00 6. Total: $1,565,000.00 Design 3 of 7 D2 Revised 04/2019 DocuSign Envelope ID: C277DB93-EOD5-4AAA-9DAD-OFB1A6266CBB B. 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. C. 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. D. 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. E. 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 Design 4 of 7 D2 Revised 04/2019 DocuSign Envelope ID: C277DB93-EOD5-4AAA-9DAD-OFB1A6266CBB 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. 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 3115 Allen Parkway, Ste 300, Houston, TX 77019. 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. Design 5 of 7 D2 Revised 04/2019 DocuSign Envelope ID: C277DB93-EOD5-4AAA-9DAD-OFB1A6266CBB 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. SECTION VI - ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII - COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. DocuSigned by: 3/7/2023 I 7:07 AM PST CIT AN 14 EXAS DATE 02/14/2023 CS . TANT DATE Design 6 of 7 D2 Revised 04/2019 DocuSign Envelope ID: C277DB93-EOD5-4AAA-9DAD-OFB1A6266CBB House Bill 89 Verification I, ) e e t -f (Person name), the undersigned representativehereafter referred to as "Representative") of 1-.6•41`,1 CYs 1v1C. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3, That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but . -s not include an action made for ordinary business purposes. REPR SENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this t } day of r , 20 ,1. • ��15"V A+FFfj DOROTHY IMMOGENE HEALY • ;z €,�Natary Public, State of Texas Curnrn. Expfras 09-24-2025 "%',°„;`*` Notary ID 133353155 ww- a iitaZ Notary Public 1.):2!411 7 ur7 D2 Revised 04{2019 DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB January 25, 2023 Scope of Services For Owner's Advisor Services For The Barry Rose WRF Expansion, Longwood WRF and New FM The Engineer will execute tasks necessary to perform Owner's Advisor (OA) duties and responsibilities for planning and development, design and construction phase activities related to the proposed Barry Rose WRF Expansion, Longwood WRF Demolition & New Pump Station, and New Force Main for the City of Pearland as defined in this Exhibit A. The tasks associated with these engineering services is separated into the following services and tasks: 1. PROJECT MANAGEMENT SERVICES 1.1. Coordinate with staff and project personnel to complete project tasks and meet project objectives. 1.2. OA will conduct monthly progress meetings throughout the project with City staff to review work completed to date, project schedule, and other issues. OA will provide appropriate and necessary documentation. 1.3. Coordinate lead/conduct project workshops needed throughout the course of the project and prepare agendas, materials, exhibits or coordinate production of same as necessary to execute required tasks. 1.4. Coordinate, lead/conduct, and/or participate in site visits as necessary in the execution of or required tasks. 1.5. Develop and maintain a project schedule with detailed milestones. 1.6. Generate monthly status reports and preparation of invoices to be submitted together for review and approval. 1.7. Provide quality control reviews and technical reviews of all evaluations and recommendations, technical memoranda, reports, and design packages. 1.8. Work with City Project Manager (and other designated City personnel) to coordinate City reviews of work products. Work with internal project team to document and incorporate City comments. 1.9. Prepare for, present at, and attend public meetings as may be required through the design and construction of the early work package(s) and balance of project construction phases. 1.10. Procurement of material testing firm in accordance with City of Pearland's standards and procurement procedures. https://ardurra.sharepoint.com/shared documents/projects/00000 pearland/00000-00 barry rose wrf/O1 project mgmt/02 contract/01 ardurra/01 scope/task order 1 draft scope final.docx 1 /\\,/ ARDURR DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB 1.11. Coordination and meetings with TCEQ for obtaining and / or expediting approvals and exceptions specific to the project. 1.12. Owner's Advisor Progress Meetings — OA will conduct monthly progress meetings pertaining to Design Consultant's work efforts throughout the project with City staff to review work completed to date, project schedule, and other issues. OA will provide appropriate and necessary documentation (meeting agenda and meeting notes). 1.13. Budget Tracking, Analysis and Management — track and update master program costs based on actual contract values and estimated costs to complete the work through substantial completion. 1.14. Public Outreach assistance/support — support City and program as needed. Provide project status reports, project schedule, and other supporting documents for City to use and post on the city website 1.15. OA will work with the City to confirm/establish electronic document system/repository for use in the BR WRF, LW WRF and FM Project, including support and/or additional services. Selected criteria and/or protocols will try to maintain the City's Document Management system (Master Works) as the official project electronic document repository. 1.16. Workshop meetings with the City to determine communication protocols, establish project controls, generally define OA's limits of authority. 1.17. Define minimum requirements for Quality Program for design of all design packages including quality control and quality assurance procedures to be implemented during the permitting, design, and all subsequent phases of project. 2. OWNER'S ADVISOR SERVICES FOR DESIGN, EARLY WORK PACKAGES AND BALANCE OF WORK 2.1. Monthly Progress Meetings Participate in and facilitate Design Consultant monthly progress meetings from the start of the project into basis of design, final design, early work packages and balance of construction phases. Design Consultant will prepare meeting notes and OA will review prior to distribution. Specialty Coordination & Joint Workshops Meetings: Coordinate, lead and/or conduct project workshops between the various design deliverables and design elements needed throughout the course of the project and prepare agendas in conjunction with consultants, materials, exhibits or coordinate production of same as necessary to execute required tasks. OA will prepare meeting agenda and minutes to be reviewed by the design consultant prior to distribution. Specialty meetings may include the following: 2.1.1. Coordinating, tracking, and managing critical repair items by CMAR 2.1.2. Process control, instrumentation, and SCADA system architecture coordination workshop 2.1.3. Electrical power distribution coordination meeting 2.1.4. Plant security coordination meeting 2.1.5. Architectural standards and design coordination meeting 2.1.6. Coordination meetings as needed with regulatory or permitting agencies (led by the OA). OA will prepare and distribute meeting agenda and meeting minutes. https://ardurra.sharepoint.com/shared documents/projects/00000 pearland/00000-00 barry rose wrf/O1 project mgmt/02 contract/01 ardurra/01 scope/task order 1 draft scope final.docx 2 ARDURR DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB 2.1.7. Coordination meetings with CMAR and design consultant. OA will facilitate the coordination of CMAR recommendations with design consultant, and track changes and their respective impacts on cost and schedule. The resulting implication of any revisions will be updated on CMAR's cost estimate and schedule. 2.1.8. Attend, lead, and/or participate in undefined program meetings and conference calls as required by the execution of the work and directed by the City. 2.1.9. Phase I and II Environmental Studies: Coordinate, perform reviews and provide comments for the completion of this activity to be performed by the design consultant 2.2. Design Criteria Memorandum (DCM) and Technical Guidelines OA will coordinate with the design consultant in developing and maintaining a DCM document for the design deliverables for consideration including capacity requirements, design criteria, equipment and piping sizing, service life, operating ranges and conditions, integration with existing infrastructure, treatment process considerations to achieve treated water quality goals, control narrative description, and other details of the design, along with regulatory requirements, constructability, and non -monetary factors. Non -monetary factors could include operations and maintenance considerations, safety, schedule considerations, constructability, start-up, commissioning, and acceptance testing. OA will receive the composite DCM including each of the design deliverables, review, and provide comments. We anticipate the design consultant will be updating the DCM with the 60% and 100% deliverables, at a minimum. 2.3. Deliverable Review OA proposes to provide quality control reviews and technical reviews of all deliverables (exception requests, technical memorandum, design deliverables, etc.) for completeness, constructability, coordination with the other city facilities and standards, and lastly review of value engineering options and recommendations for each of these documents as prepared by others: 2.3.1. Barry Rose Wastewater Treatment Plant Expansion 2.3.1.1. Basis of design document (BODR) 2.3.1.2. 30% Design Deliverable 2.3.1.3. 60% Design Deliverable 2.3.1.4. 90% Design Deliverable 2.3.1.5. 100% Design Deliverable 2.3.2. Force Main 2.3.2.1. 30% Design Deliverable 2.3.2.2. 60% Design Deliverable 2.3.2.3. 90% Design Deliverable https://ardurra.sharepoint.com/shared documents/projects/00000 pearland/00000-00 barry rose wrf/O1 project mgmt/02 contract/01 ardurra/01 scope/task order 1 draft scope final.docx 3 /\\,/ ARDURR DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB 2.3.2.4. 100% Design Deliverable 2.3.3. Longwood Plant Demolition and New Pump Station 2.3.3.1. 30% Design Deliverable 2.3.3.2. 60% Design Deliverable 2.3.3.3. 90% Design Deliverable 2.3.3.4. 100% Design Deliverable. 3. CONSTRUCTION / PROCUREMENT STRATEGY 3.1. Conduct one workshop with the design consultant for each of the three design deliverables along with the Owner and CMAR to review available construction packaging, timelines, schedules, risks, and delivery methods. 3.2. Work with the Design Consultant and CMAR to prepare a memorandum on options for construction procurement strategy with pros and cons for: 3.2.1. How to break work in logical construction packages 3.2.2. What construction delivery methods are most applicable to each desired package 3.2.3. Schedule and supply chain impact of construction schedule 3.3. Conduct follow-up workshop with the Owner, CMAR & design consultant to review findings on construction procurement options. 3.4. Deliverable — Produce a technical memorandum summarizing the findings, recommendations, and path forward. 4. CMAR Coordination and Dissemination of CMAR Input 4.1. CMAR Progress Meetings - Participate in and facilitate CMAR monthly progress meetings for the pre -construction phase and early work package phases. CMAR will prepare meeting minutes and OA will review prior to distribution. 4.2. 30%, 60%, 90% & 100% Design Deliverable Reviews — Coordinate with CMAR and City for review of interim deliverables and distribute review comments to design consultant prior to review meeting workshop to review all comments with the design consultant. 4.3. Common Equipment Selection and Coordination- Identify equipment which may be common within individual bid packages and develop a mechanism in which the City can choose like manufacturers between certain equipment types on the project and provide continuity with throughout and with other facilities. 4.4. Constructability and VE review / recommendation by CMAR — Coordinate the dissemination of CMAR review comments and recommendation related to cost, schedule, and constructability impact for each bid package. This process should be completed early in the design process to minimize or mitigate rework by the design consultant. https://ardurra.sharepoint.com/shared documents/projects/00000 pearland/00000-00 barry rose wrf/O1 project mgmt/02 contract/01 ardurra/01 scope/task order 1 draft scope final.docx 4 ARDURR DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB 4.5. Review 30%, 60%, 90% & 100% cost estimate prepared by CMAR; Evaluate and compare with Engineer's OPCC to reconcile project construction cost and propose cost-effective alternatives as needed. 4.6. Review project planning and scheduling prepared by CMAR and evaluate impacts on construction schedule. Look for opportunities to optimize the schedule. 4.7. Review other construction management and quality control plans (construction emergency response plan, construction site safety plan, quality management plan, environmental management plan, etc.) prepared by CMAR. 5. CMAR PACKAGE PROCUREMENT (BIDDING) 5.1. Construction Procurement Plan Coordination and Review 5.1.1. Procurement Packaging Process and Implementation Coordination and Review 5.1.1.1. Conduct workshops with the CMAR and design consultant as well as the Owner to review available construction bid packaging, timelines, schedules, risks, and delivery methods. 5.1.1.2. Review and compare proposed vendors with Owner approved vendor list. 5.1.2. Assist in preparation, review, and comment on procurement process by the CMAR 5.1.2.1. Breaking work into logical construction packages. 5.1.2.2. Construction delivery methods most applicable to each desired bid package. 5.1.2.3. Pre -procurement plan; and 5.1.2.4. The need for and number of early works packages. 5.1.3. Conduct follow-up workshop with Owner & CMAR to finalize construction procurement plan. 5.1.4. Procurement Assistance Review. Support the Owner and CMAR in developing the technical requirements and the selection criteria to be used in preparing the Procurement bid packages; review the completed bid documents and participate in the analysis and selection of most responsive bidder. 5.1.5. Review Early Work Packages. Review Bid documents/Bids/Subcontractor recommendations/Selections. 5.1.6. Review Balance of Plant Packages. Review Bid Documents//Bids/Subcontractor recommendations/Selections. 5.1.7. Review GMP proposal prepared by CMAR. Assist the city to negotiate final GMP and contingency with CMAR. 5.2. Regulatory Coordination and Oversight 5.2.1. Regulatory Approval Oversight Coordination with staff and project personnel to complete project tasks and meet project objectives. 5.2.2. Attend meetings with regulatory agencies such as TCEQ for providing support in obtaining approvals and exceptions. 5.2.3. Regulatory Requirements: Review documents generated by the design consultant for each of the three design deliverables to update previously identified applicable local, https://ardurra.sharepoint.com/shared documents/projects/00000 pearland/00000-00 barry rose wrf/O1 project mgmt/02 contract/01 ardurra/01 scope/task order 1 draft scope final.docx 5 ARDURR A DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB state, and federal regulatory requirements and parameters including references for all aspects of design for all components of project. 5.2.4. Permitting and Approval Requirements: Review documents generated by the design consultant for each of the three design deliverables to update previously identified applicable local, state, and federal regulatory permits and approvals and associated processes as they apply to the project. Assist the City in updating previously identified key permits required for the project and parties' roles and responsible for securing permits and approvals. 6. CONSTRUCTION MANAGEMENT OF EARLY WORKS AND BALANCE OF PLANT PACKAGES 6.1.1. Pre -Construction 6.1.1.1. Schedule and conduct the pre -construction meeting; record and disseminate minutes from pre -construction meeting. 6.1.1.2. Utilize the City's Project Management information system (Master Works): set communications protocol and contract administration procedures, establish progress meeting schedule and submittal schedule. 6.1.1.3. Provide agenda for meeting: Key milestone dates, pay application procedures, schedule, public notification issues and procedures, utility coordination issues, traffic control, permitting, property owner notification and coordination, temporary facilities, contractor's use of City's Master Works management system, etc. 6.1.2. Construction Administration and Management Services 6.1.2.1. Act as the City's on -site representative administering the contract for construction and providing overall project oversight, maintain record of decisions and changes made. 6.1.2.2. Meetings: Schedule and conduct construction progress meetings; record minutes from construction progress meetings and distribute via Master Works to: City Project Manager, Design Consultant and CMAR throughout the duration of the project. 6.1.2.2.1. Schedule monthly progress meetings to review the following: work progress and schedule, outstanding issues, status of submittals and responses shop drawings unforeseen issues and changes to the work. 6.1.2.2.2. Coordinate additional meetings as necessary to discuss and resolve problems and provide guidance in a timely manner. 6.1.2.2.3. Coordinate/monitor the following: utility relocation activities for compliance, utility installation verification, reporting, record management and as -built drawings. 6.1.2.2.4. Attend all utility coordination, construction, and scheduling meetings. 6.1.2.3. Manage Construction https://ardurra.sharepoint.com/shared documents/projects/00000 pearland/00000-00 barry rose wrf/O1 project mgmt/02 contract/01 ardurra/01 scope/task order 1 draft scope final.docx 6 /\\,/ ARDURR DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB 6.1.2.3.1. All final documentation is required in electronic/digital format, utilizing Master Works as is feasible. 6.1.2.3.2. As field problems arise, notify the Design Consultant and City Project Manager of proposed solutions to resolve problems. 6.1.2.3.3. Review and update as -built documents regularly with contractor. 6.1.2.3.4. 6.1.2.3.5. 6.1.2.3.6. Monitor and ensure adherence to approved project baseline schedule. Review contractor's schedule monthly, ensure compliance with City's intended schedule, and provide recommendations as needed to retain and regain schedule if needed. Recommend alternate project sequencing/scheduling to keep project on schedule. Prepare monthly summary report of construction activities with outstanding issues outlined for review. Monthly progress information associated with the project will be submitted to the Project Manager for review and approval. 6.1.2.3.7. Record weather conditions on jobsite daily. 6.1.2.3.8. Monitor, on an on -going basis, cost impacts (both increase and decrease) and track with schedule of values. Identify any potential cost impacts related to project delays and/or potential change orders and notify Owner as appropriate. 6.1.2.4. Coordinate work of contractor with external agencies and utility companies. Coordinate contractor's operations with regard to other City contracts and construction as well as with property owners for planned service outages, street closures, and access control issues to properties including notifications. 6.1.2.4.1. Verify construction conformance and compliance with TCEQ, NOI and NOT. 6.1.2.4.2. Verify construction conformance with permitted activities such as: City of Pearland permits, U.S. Army Corps of Engineers permits, TxDOT roadway permits, and any Railroad agreements. 6.1.2.5. Maintain records of all decisions, actions, and activities with regard to construction operations via the City's Master Works system (i.e. Daily Reports, Change Orders, RFIs and responses, Submittals and responses, Request for Proposals, correspondence, SWPPP inspections.) 6.1.3. Construction Inspection Services 6.1.3.1. Provide full-time on -site technical observation of Contractor's activities to verify and ensure all work materials, structures, equipment, and workmanship comply with the Contract Documents including Addenda, and Change Orders. Confirm that Contractor maintains good construction practices and https://ardurra.sharepoint.com/shared documents/projects/00000 pearland/00000-00 barry rose wrf/O1 project mgmt/02 contract/01 ardurra/01 scope/task order 1 draft scope final.docx 7 ARDURR DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB professional standards prevailing in the local, City, County, and State of Texas. Utilize City's Master Works system for all inspection reports. 6.1.3.1.1. Notify the City Project Manager if Contractor's work is not in compliance with the Contract Documents or specifications. Notify the City Project Manager and Design Consultant of any failure of the Contractor to take measures to repair and bring work in compliance. 6.1.3.1.2. Issue Advisory Notices to Contractor for work that is not in compliance with approved construction documents. 6.1.3.1.3. Issue Non -Compliance Reports to Contractor if non -conforming work is not brought into compliance or if plan of action to bring work into compliance is not conducted in timely manner. 6.1.3.1.4. Inspect and observe the materials and equipment being incorporated into the work, according to furnished submittal data, to assure that they are handled, stored, and installed in accordance with the Contract Documents and specifications. Report to the City Project Manager regarding these activities. 6.1.3.1.5. Inspect and observe electrical and instrumentation installation utilizing personnel specifically trained in those disciplines. 6.1.3.2. Identify, record, and notify Design Consultant of any problems or failures to meet performance requirements in a timely manner to minimize delay in the progress of the project, make recommendation(s) for appropriate solution to the City Project Manager and Design Consultant. 6.1.3.3. Prepare and maintain daily progress log or daily construction reports, photographs, records and track quantities installed that day utilizing the City's Master Works system. 6.1.3.4. Ensure contractor reviews and approves daily reports and quantities. 6.1.3.5. Verify contractor has obtained necessary permits and is maintaining any Traffic Control, public notification and Storm Water Pollution Prevention Plans, facilities, equipment, or arrangements in accordance with contract documents. 6.1.3.6. Attend and participate in progress meetings. 6.1.3.7. Create contacts for your record for: names, addresses, telephone numbers and email of all contractors, subcontractors, sub consultants and major suppliers of material and equipment; store in City's Master Works system. 6.1.3.8. Immediately notify the City Project Manager and Design Consultant in the event of an on -site accident. Record and note conditions, activities, and witnesses to the event. https://ardurra.sharepoint.com/shared documents/projects/00000 pearland/00000-00 barry rose wrf/O1 project mgmt/02 contract/01 ardurra/01 scope/task order 1 draft scope final.docx 8 /\\,/ ARDURR DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB 6.1.3.9. Maintain Resolution Log and respond to citizen complaints in Master Works system. 6.1.3.10. Consult with City Project Manager and Design Consultant in advance of scheduled major work operations, tests, inspections or start of important phases of project. 6.1.4. Pay Applications 6.1.4.1. Pay applications will be generated by the City's Master Works system based on quantities approved in the daily reports. Review, verify and enter quantities provided by contractor for all work in compliance with contract documents. 6.1.4.1.1. 6.1.4.1.2. 6.1.4.1.3. Review work conducted daily on daily inspection reports and material installed measurements submitted by contractor; verify work conducted and bid item quantities via Master Works; meet monthly to review pay estimate and quantities with contractor Review progress pay application with OA for approval or revision prior to submittal to City. Collect certified payroll for compliance with Davis Bacon requirements and upload to Master Works for City review. Finalize pay application with signatures from Contractor, OA and Construction Manager certifying quantities and amounts via Master Works. 6.1.4.1.4. Notify City Project Manager when all electronic signatures are completed in the Master Works system for invoice processing. 6.1.4.1.5. Track and record requests for rain or other delays with potential to add to Contract Time in Daily Reports in Master Works via Daily Reports. 6.1.4.2. Provide an independent quantity forecast bid items to identify potential quantity over -runs as part of pay estimate review. Upon completion of the work, prepare a final progress payment including a balancing change order zeroing out all unused quantities utilizing Master Works. Identify and add additional quantities and make any approved changes to the Contract Time. 6.1.4.2.1. Review and coordinate with Design Consultant to provide recommendation for Substantial Completion or Final Acceptance. (See Close-out Section) 6.1.5. Document Control 6.1.5.1. Utilize the City's Master Works system to: receive, route, track and log all Contractor communications, Submittals, Change Orders, RFIs, Pay Applications and Citizen Complaint/Resolution Log; communicate with Contractor the status of submittal reviews; review submittal and RFI log in Master Works to ensure timely responses; notify City Project Manager, Contractor, and Design Consultant of time critical issues. https://ardurra.sharepoint.com/shared documents/projects/00000 pearland/00000-00 barry rose wrf/O1 project mgmt/02 contract/01 ardurra/01 scope/task order 1 draft scope final.docx 9 ARDURR DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB 6.1.5.1.1. Respond to RFIs when such response does not require the Design Consultant's opinion or expertise or direction from City. 6.1.5.1.2. Assemble and maintain notes, comments, sketches, and supportive data relative to the Project to facilitate the revision of drawings to conform to the final as -built conditions. Review Contractor's record keeping periodically to ensure completeness, timeliness, and progress. 6.1.6. Change Orders 6.1.6.1. Prepare and issue request for proposals in a timely manner via Master Works. Review RFP and contractor proposal for additional work with City Project Manager and OA for approval. Ensure the status of RFP and Responses from Contractor, City and OA are uploaded/logged and tracked in the Master Works system. 6.1.6.2. Provide recommendation on technical matters as an advocate for the City. Evaluate Contractor's response/proposal for merit, cost, time, accuracy, and price practicality. Negotiate with Contractor on City's behalf if required. 6.1.6.3. Prepare Change Order and documentation including signatures of Contractor, OA, and Construction Manager for City review in Master Works. 6.1.7. Testing Laboratory Services 6.1.7.1. Coordinate testing laboratory activities with Contractor's activities. Review test reports for compliance with Contract Documents. Log, track and retain test reports in Master Works. Review results with Contractor. Monitor any corrective action and re -testing for compliance. Maintain compliance with City's specifications 6.1.7.2. Review lab test reports and log any failures. 6.1.7.3. Review Invoicing from Laboratory to daily activities. 6.1.7.4. Project Completion and Close out 6.1.7.5. Provide list of deliverables for substantial completion walk through/inspection. Schedule and conduct project walk through upon receipt of Contractor's notification of substantial completion. Include City Project Manager, Design Consultant and others as directed. Prepare a list of non- conforming work based on visual inspections via Master Works. Record and monitor contractor's corrective efforts and schedule. Schedule final completion inspection for any remaining corrections. 6.1.7.6. Coordinate and obtain Design Consultant's signature and seal on Substantial Completion certificate and Final Completion and Acceptance certificate via Master Works. 6.1.7.7. Review and compile any Operation and Maintenance documents required from the Contractor — forward to Design Consultant for review. Ensure Contractor's closeout documents are uploaded to Master Works. Review for https://ardurra.sharepoint.com/shared documents/projects/00000 pearland/00000-00 barry rose wrf/O1 project mgmt/02 contract/01 ardurra/01 scope/task order 1 draft scope final.docx 10 ARDURR DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB completeness and accuracy, including affidavits of final payment, final pay estimates, as built records, redlines and drawings. Once received, notify the Design Consultant and City Project Manager when completed, upload to Master Works. 6.1.7.7.1. Upon completion of close out items, provide recommendation for City's Substantial Completion/Final Acceptance certificate. 6.1.7.7.2. Provide indexed project files, redline plans, and as built or record drawings to City via Master Works. 6.1.7.8. Conduct Project Close -Out Meeting. 6.1.7.9. Prepare and recommend final payment application. (Prepare job record logs transmittals, and correspondence reports in an organized file for delivery to City.) 6.1.7.10. Consult with City on any potential Warranty items requiring repair or replacement. 6.2. Staff Augmentation for City Project Management: Provide the services of Skipper Jones in the role of supporting the City of Pearland project manager for the project commencing in March 2023 and extending through April 2026. He will assume similar role and responsibilities as he had while working for the City. His proposed level of effort will ramp up from 20 hours per week through August 2023 to 30 -hours per week through January 2026 and reduce to approx. 12 -hours a week through the balance of the project (April 2026). 7. ADDITIONAL SERVICES 7.1. Overall Plant Startup & Commissioning Plan 7.1.1. Plant Start-up and Acceptance Testing Plan Guidance Documents OA will develop plant start-up and acceptance testing guidance documents for CMAR to prepare a testing plan for use during plant start-up and commissioning. The Acceptance Testing will be performed after equipment checkout, field testing, and functional testing are completed and each process system has been demonstrated operational and functional. The Acceptance Testing guidance is the initial operation and maintenance manual of the completed work by CMAR. The purpose of the Acceptance Testing is to demonstrate that the wastewater treatment plant and processes, as designed and constructed, operate reliably and repeatedly to meet permitted water treatment standards and city internal treatment goals. A demonstration of successful acceptance testing is required. The following activities are included in development of the Acceptance Testing Guidance documents: 7.1.1.1. Define testing phases which may include pre -startup phase and acceptance testing phase. For each testing phase, outline key components, testing procedure, testing schedule and duration, and quality control/quality assurance procedures. It is envisioned that the Acceptance Testing phase may https://ardurra.sharepoint.com/shared documents/projects/00000 pearland/00000-00 barry rose wrf/O1 project mgmt/02 contract/01 ardurra/01 scope/task order 1 draft scope final.docx 11 ARDURR DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB include start-up transition stage, acceptance testing stage, and punch list/warranty stage. 7.1.1.2. Prepare an initial inventory of testing consumable products. 7.1.1.3. Coordinate with design consultants to develop initial process settings to be used during testing by the CMAR. This may include flow rates, chemical dosages, number of equipment units to be tested and other related settings. 7.1.1.4. Coordinate with regulatory agencies and identify any permits that may be required for CMAR to obtain during the testing, such as discharge of off - permit effluent, and disposal of waste materials etc. 7.1.1.5. Develop a Water Quality Monitoring and Sampling plan including all sampling parameters, sampling locations, frequency, and analyses to be performed. 7.1.1.6. Develop testing requirements to simulate emergency power operation. 7.1.1.7. Define roles and responsibilities of CMAR, OA, , and city during pre -startup and acceptance testing. It is anticipated that CMAR will provide all necessary staff to provide technical support for the testing. These key personnel may include startup operators, laboratory chemist, manufacturers, and electrical, instrumentation and programming, and HVAC subcontractor. The guidance documents will define roles, responsibilities, and qualification requirements of such key personnel to support the testing and correction activities as needed. Identify city staff (Plant Manager, Chief Operator, Laboratory Supervisor, etc.) who may be required for participating in the pre -startup and acceptance testing and their responsibilities and roles. 7.1.1.8. OA will prepare Plant Start-up and Acceptance Testing Plan Guidance in a Technical Memorandum format and provide a Presentation summarizing findings and recommendations for each sub -task performed. 7.2. Materials Testing — See Exhibit B for scope of services. 7.3. Specialty Inspections —TDI and COMcheck Inspections, and other specialty inspections as required by the contract documents and/or codes. 7.4. System O&M Manual Development - TBD 7.5. SCADA Programming & Implementation - TBD 7.6. 12 Month Contractor Warranty Period Support Provide ongoing support to lingering or problematic issues with equipment and/or failure of Contractor to resolve in an appropriate time period. Coordinate list of warranty issues with plant as noted by Owner, Operator, Design Consultants, and Owner's representative(s) warranty issues list. https://ardurra.sharepoint.com/shared documents/projects/00000 pearland/00000-00 barry rose wrf/O1 project mgmt/02 contract/01 ardurra/01 scope/task order 1 draft scope final.docx 12 /\\,/ ARDURR DocuSign Envelope ID: C277DB93-EOD5-4AAA-9DAD-OFB1A6266CBB TABLE A-1 TO AGREEMENT BETWEEN ENGINEER AND OWNER FOR PROFESSIONAL SERVICES FOR CITY OF PEARLAND OWNER'S ADVISOR SERVICES FOR BARRY ROSE WRF, LONGWOOD WRF & FORCE MAIN FEE SCHEDULE 1.0 Project Management Services Longwood WRF & Force Main Barry Rose WRF 1.1 Project Management $123,000.00 $435,000.00 Subtotal —Task 1 $123,000.00 $435,000.00 2.0 Owner's Advisor Services 2.1 Owner's Advisor $450,000.00 $1,581,982.00 Subtotal — Task 2 $450,000.00 $1,581,982.00 3.0 - 6.0 Construction Management & Inspection (CM/RI) and Staff Augmentation in Support of City Project Management 3.1 CM / RI $570,000.00 $1,908,134.00 6.2 Skipper Jones $218,000.00 $770,469.00 Subtotal — Task 3 — Task 6 $778,000.00 $2,678,603.00 7.0 Additional Services 7.1 Overall Plant Startup & Commissioning Plan & Implementation $25,000.00 $75,000.00 7.2 Materials Testing Services $150,000.00 $450,000.00 7.3 Specialty Inspections—TDI, COMcheck, etc. $20,000.00 $80,000.00 7.4 O&M Manual Preparation TBD TBD 7.5 SCADA Programming TBD TBD 4.6 12 Month Contractor Warranty Period Support $9,000.00 $31,000.00 Subtotal — Task 7 $204,000.00 $636,000.00 SUB -TOTALS $1,565,000.00 $5,331,585.00 TOTAL $6,896,585.00 Hourly Not to Exceed; Sub Consultants Mark-up — 5% https://ardurra.sharepoint.com/shared documents/projects/00000 pcarland/00000-00 barry rose wrf/01 project mgmt/02 contract/01 ardurra/01 scope/task order 1 draft scope final.docx 13 V ARDURRA DocuSign Envelope ID: C277DB93-EOD5-4AAA-9DAD-OFB1A6266CBB TABLE A-2 TO AGREEMENT BETWEEN ENGINEER AND OWNER FOR PROFESSIONAL SERVICES FOR CITY OF PEARLAND OWNER'S ADVISOR SERVICES FOR BARRY ROSE WRF, LONGWOOD WRF & FORCE MAIN HOURLY LABOR RATES LABOR CATEGORY Hourly Rate Principal/Project Director $320 Sr. Tech Specialist (QA/QC) $300 Engineer 7/8 $270 Engineer 5/6 $200 Engineer 3/4 $175 Engineer 1/2 $150 Skipper Jones $215 Construction Manager $185 Senior Project Representative $155 Resident Representative $145 Sr. Administrative / Accounting $135 An $8.50 technology charge is applied to each hour billed. https://ardurra.sharepoint.com/shared documents/projects/00000 pcarland/00000-00 barry rose wrf/01 project mgmt/02 contract/01 ardurra/01 scope/task order 1 draft scope final.docx 14 :V ARDURRA DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB Exhibit A-1 Level of Effort Projections Owner's Advisor Services For The Barry Rose WRF Expansion, Longwood WRF and New FM Start Date: 3/1/2023 2023 2024 2025 2026 Hour Budget (hr / week) March April May June JulyAugSeptOct g Nov Dec Jan Feb March April May June JulyAugSeptOct g Nov Dec Jan Feb March April May June JulyAugSeptOct g Nov Dec Jan Feb March Aril p Total Hours Rate Total Amount Curtis M (CM) 50 20 20.0 20.00 20 20 20 40 80 220 210 230 210 210 220 230 200 230 220 210 230 210 220 230 200 210 220 220 210 230 210 220 230 200 230 220 100 100 80 6400 $185 $1,185,203 RI Plant 40 0 0 0 0 0 0 0 0 0 0 184 168 168 176 184 160 184 176 168 184 168 176 184 160 168 176 176 168 184 168 176 184 160 184 176 0 0 0 4360 $155 $674,056 RI FM 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 176 168 184 168 176 184 160 168 176 176 168 184 168 176 184 160 0 0 0 0 0 2776 $145 $401,933 D DiCenso (PD) 30 80 80 80 80 80 80 126 132 132 126 138 126 126 132 138 120 138 132 126 138 126 132 138 120 126 132 132 126 138 126 132 138 120 138 132 100 100 80 4546 $320 $1,454,851 JPeters 8 37 32 37 35 34 37 34 35 35 34 37 34 34 35 37 32 37 35 34 37 34 35 37 32 34 35 35 34 37 34 35 37 32 37 35 20 16 12 1269 $318 $403,515 Document Management 24 20 20 20 20 20 20 40 80 106 101 110 101 101 106 110 96 110 106 101 110 101 106 110 96 101 106 106 101 110 101 106 110 96 110 106 60 60 40 3222 $140 $451,136 S Jones (Staff Augmentation) 30 80 80 80 80 80 80 126 132 132 126 138 126 126 132 138 120 138 132 126 138 126 132 138 120 126 132 132 126 138 126 132 138 120 138 132 60 60 40 4426 $215 $950,848 Senior Technical Review 160 160 160 160 120 760 $300 $228,000 Eng 3/4 (Technical Review) 80 80 80 80 60 380 $175 $66,500 Tech Charge / Expenses 28299 $8.50 $240,543 Startup & Commisioning Plan and Implementation $100,000 Materials Testing $600,000 TDI, COMcheck & Storefront, etc. Inspection $100,000 12 Month Construction Warranty support 160 $250 $40,000 TOTAL 28299 $6,896,585 DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2023-982913 Date Filed: 02/13/2023 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Ardurra Group Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Pearland 3 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. WW1502 and WW1906 Owners Advisor 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is Chris Canonico , and my date of birth is 4321 Jonathan Bellaire Tx My address is 77401 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. 23 Executed in HARRIS Cou4 State of Texas , on the 13th day of February 20 ,nty, (month) (year) _ „..._ Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB ARDURRA-01 KGODWIN A comb CERTIFICATE OF LIABILITY INSURANCE �------ DATE (MM/DD/YYYY) 2/13/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ames & Gough 8300 Greensboro Drive Suite 980 McLean, VA 22102 CONTACT NAME: PHONE (A/C, No, Ext): (703) 827-2277 (A///c, No):(703) 827-2279 ADDRESS: admin@amesgough.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Valley Forge Insurance Company A(XV) 20508 INSURED Ardurra Group, Inc. 4921 Memorial Highway Suite 300 Tampa, FL 33634 INSURER B : National Fire Insurance Company of Hartford A(XV) 20478 INSURER C : Continental Insurance Company A(XV) 35289 INSURER D : National Fire & Marine Insurance Company 20079 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF !MM/DDIYYYYI POLICY EXP !MM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY 6075640222 1/1/2023 1/1/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGETORENTED PREMISES (Ea occurrence) $ 1,000,000 X Contractual Liab. MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000LOC $ 2,000,000 $ B AUTOMOBILE X LIABILITY SCHEDULED AUTOS NON -OWNED UUO 6075640236 1/1/2023 1/1/2024 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY a E accident) DAMAGE $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 6075640270 1/1/2023 1/1/2024 EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 15,000,000 DED X RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N / A 6075640267 1/1/2023 1/1/2024 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liab. 42-EPP-306878-05 1/1/2023 1/1/2024 Per Claim/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required RE: PROJECTS #WW1502 & #WW1906, BARRY ROSE WRF REPLACEMENT AND EXPANSION AND LONGWOOD WRF DECOMMISSIONING The City of Pearland, TX is included as additional insured with respect to General Liability, Automobile Liability, and Umbrella Liability when required by written contract. General Liability includes Additional Insured coverage for Completed Operations as required by written contract. General Liability, Automobile Liability, and Umbrella Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. General Liability, Automobile Liability, Workers Compensation, and Umbrella Liability policies include a waiver of subrogation in favor of the additional insureds where permissible by state law and when required by written contract. Umbrella Liability SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION City of Pearland, TX 3519 Liberty Drive Pearland, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB AGENCY CUSTOMER ID: ARDURRA-01 LOC #: 2 KGODWIN AFRO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Ames & Gough NAMED INSURED 4921 Memor ap Highway Suite 300 Tampa, FL 33634 POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 NAIL CODE SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: coverage sits excess over General Liability, Automobile Liability and Employers' Liability coverage. 30 -day Notice of Cancellation will be issued for the General Liability, Automobile Liability, Umbrella Liability, Workers Compensation and Professional Liability policies in accordance with policy terms and conditions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT 20020002260756402222362 Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, 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 subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Page 1 of 2 The Continental Insurance Co. Insured Name: ARDURRA GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 6075640222 Endorsement No: 13 Effective Date: 01/01/2023 DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 The Continental Insurance Co. Insured Name: ARDURRA GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 6075640222 Endorsement No: 13 Effective Date: 01/01/2023 DocuSign Envelope ID: C277DB93-EOD5-4AAA-9DAD-OFB1A6266CBB CNA CNA PARAMOUNT 40020000560569030054033 Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Additional Insured — Extended Coverage 4. Boats 5. Bodily Injury — Expanded Definition 6. Broad Knowledge of Occurrence/ Notice of Occurrence 7. Broad Named Insured 8. Contractual Liability — Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage — Elevators 23. Retired Partners, Members, Directors And Employees 24. Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation — Blanket 27. Wrap -Up Extension: OCIP, CCIP or Consolidated (Wrap -Up) Insurance Programs CNA74858XX (1-15) Page 1 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: CNA74858XX (1-15) Policy No: 6075640222 Page 2 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT 40020000560569030054034 Architects, Engineers and Surveyors General Liability Extension Endorsement 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and spE ifications; or 2. supervisory, inspection, architectural or engineering activities. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Page 3 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED — EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX (1-15) Page 4 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT 40020000560569030054035 Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-15) Page 5 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: 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 to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: CNA74858XX (1-15) Page 6 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT 40020000560569030054036 Architects, Engineers and Surveyors General Liability Extension Endorsement (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 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; (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, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY - EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury 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. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. B. All: 1. Damages under Coverage B, regardless of the number of locations involved; CNA74858XX (1-15) Page 7 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means: 1. a premises the Named Insured owns or rents; or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard, regardless of the number of locations involved, will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and CNA74858XX (1-15) Page 8 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT 40020000560569030054037 Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A - Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; CNA74858XX (1-15) Page 9 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance CNA74858XX (1-15) Page 10 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT 40020000560569030054038 Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of the Named Insured's co -venturers are architectural, engineering or surveying firms only; and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture. However, the Named Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co - venturers, nor of their partners, members or employees. C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any), 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. CNA74858XX (1-15) Page 11 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j• Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, 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 the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured 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 LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; CNA74858XX (1-15) Page 12 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT 40020000560569030054039 Architects, Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. CNA74858XX (1-15) Page 13 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: CNA74858XX (1-15) Page 14 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT 40020000560569030054040 Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858XX (1-15) Page 15 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX (1-15) Page 16 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT 40020000560569030054041 Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION - CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. CNA74858XX (1-15) Page 17 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74858XX (1-15) Page 18 of 18 CONTINENTAL CASUALTY COMPANY Policy No: 6075640222 Endorsement No: Effective Date: 01/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA SCA 23 500D09 (Ed. 10/11) 10020009960569029995306 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT - BA PLUS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. LIABILITY COVERAGE Who Is An Insured The following is added to Section II, Paragraph A.1., B. Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: C. B. C. D. E. 1. Which are no longer in force; or 2. Whose limits have been exhausted. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. PHYSICAL DAMAGE COVERAGE Towing Section III. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. Personal Property The following is added to Section III, Paragraph A.4. c. We will pay up to $500 for loss to Personal Property which is: (1) Owned by an "insured"; and (2) In or on the covered "auto." This coverage applies only in the event of a total theft of your covered "auto." This insurance is excess over any other collectible insurance and no deductible applies. Rental Reimbursement SCA 23 500D09 (Ed. 10/11) Copyright, CNA Corporation, 2000. Page 1 of 3 Includes copyrighted material of the Insurance Services Office used with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB Policy: 6075640236 SCA 23 500D09 (Ed. 10/11) The following is added to Section III, Paragraph A.4.: d. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto." Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 1. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto"; or, (b) 15 days. 2. Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or, (b) $25 per day subject to a maximum of H. $375. 3. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 4. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. F. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. I. d. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per "accident." G. Airbag Coverage The following is added to Section III, Paragraph B.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. Diminution In Value The following is added to Section III, Paragraph B.6. Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. SCA 23 500D09 (Ed. 10/11) Copyright, CNA Corporation, 2000. Page 2 of 3 Includes copyrighted material of the Insurance Services Office used with its permission. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB Policy: 6075640236 SCA 23 500D09 (Ed. 10/11) 10020009960569029995307 d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV) III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a. (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b. (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. C. Policy Period, Coverage Territory Section IV, Paragraphs 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days IV. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these SCA 23 500D09 (Ed. 10/11) Copyright, CNA Corporation, 2000. Includes copyrighted material of the Insurance Services Office used with its permission. Page 3 of 3 DocuSign Envelope ID: C277DB93-EOD5-4AAA-9DAD-OFB1A6266CBB CNA CNA71527XX (Ed. 10/12) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations Any person or organization with whom you are required to add as and additional insured or primary and non- contributory on this policy under a written contract or agreement. You must agree to these contracts prior to the date of loss. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Page 1 of 1 Policy No: 6075640236 Endorsement No: Effective Date: 01-01-2023 Copyright CNA All Rights Reserved. DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA 1 Business Auto Policy Policy Endorsement WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ARDURRA GROUP, INC. Endorsement Effective Date: 01/01/2023 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 12; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 6075640236 Policy Effective Date: 01/01/2023 Policy Page: 75 of 345 © Copyright Insurance Services Office, Inc., 2011 DocuSign Envelope ID: C277DB93-E0D5-4AAA-9DAD-0FB1A6266CBB CNA 1 Workers Compensation And Employers Liability Insurance Policy Endorsement TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement 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 1. X Specific Waiver Name of person or organization 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: Refer to Schedule of Operations All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 42 03 04 B (06-2014) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 45; Page: 1 of 1 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: WC 6075640267 Policy Effective Date: 01/01/2023 Policy Page: 175 of 180 © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved.