Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
R2023-174 2023-07-24
RESOLUTION NO. R2023-174 A Resolution of the City Council of the City of Pearland, Texas, renewing a service contract for electrical services (maintenance and repairs of City facilities) with Boyer, Inc., in the estimated amount of $500,000.00, beginning July 25, 2023 through July 24, 2024. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for electrical services were previously obtained. Section 2. That the City Council hereby renews a service contract with Boyer, Inc., in the estimated amount of $500,000.00. Section 3. The City Manager or his designee is hereby authorized to execute a service contract for electrical services. PASSED, APPROVED and ADOPTED this the 24th day of July, A.D., 2023. ________________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 059B5036-94F7-4172-BFA4-EDBC1A205DDA DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 8/1/2023 | 9:22 AM CDT 8/1/2023 | 1:25 PM CDT Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 7 III.Standard Contract Provisions WHEREAS, Contractor has bid to provide Services (“Services”) in response to Request for Bid/Proposal Bid No. 0321-31 (“Solicitation”), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1.Scope. Contractor will provide Services in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2.Term. This Contract is for one (1) year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to 0 additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Contract is for an amount not to exceed $500,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Contract is as follows: Name: Francesca Beltran Department: Engineering & Public Works Phone: 281.652.1946 Email: fbeltran@pearlandtx.gov 5.Insurance; Bonds. (A)Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the City’s Contract Administrator. Additionally, the COI must state that the City shall be DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 7 provided no less than thirty (30) days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee’s written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B)Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Contract. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6.Purchase Release Order. For multiple-release purchases of Services provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Services shall not be rendered until the Contractor receives the signed purchase release order. 7.Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re- working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City’s invoice. 8.Warranty. (A)The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is attached to this is incorporated into this Contract. (C)Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9.Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10.Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 7 within the sole discretion of the City’s City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11.Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12.Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors unless the subcontractors were identified in the bid/quote/proposal or approved by the Contract Administrator. 13.Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 14.Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 15.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16.Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Jack Enochs Title: Facilities Services Manager Address: 2016 Old Alvin Road, Pearland, TX 77581 Phone: 281.652.1614 IF TO CONTRACTOR: Boyer Inc. Attn: Ryan Diven Title: Manager Address: 8904 Fairbanks N. Houston Rd., Houston, TX 77064 Phone: (713) 466-5395 17.Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 7 THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD- PARTY DEFENDANT AS ALLOWED BY LAW. 18.Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator’s fees. 19.Attorney’s Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney’s fees or other costs relating to the suit. 20.Termination. (A)City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City’s own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (B)Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 21.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 22.Limitation of Liability. The City’s maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 23.Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 24.Severability. Each provision of this Contract is considered to be severable and, if, for any DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 7 reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 25.Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A.this Contract (excluding attachments and exhibits); B.its attachments; C.the bid solicitation document including any addenda (Exhibit 1); then, D.the Contractor’s bid response (Exhibit 2). 26.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Contract if required by said statute for items approved by the City Council. 27.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 28.H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 29.Public Information Act Requirements. This paragraph applies only to Contracts that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 30.Entire Agreement. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV.Special Terms and Conditions. None. V.Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 7 of 7 Incorporated by Reference Only: Exhibit 1: RFB/RFP/ Bid No. 0321-31 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 ATTACHMENT A – SCOPE OF WORK Scope of services shall consist of the contractor providing electrical maintenance and repair services for the City of Pearland, as needed, per the specifications of Bid No. 0321-31. DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 ATTACHMENT B – BID/PRICING SCHEDULE DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 City of Pearland 3519 Liberty Drive Pearland, TX 77581 Purchasing Department 281.652.1775 ebids@pearlandtx.gov Contractor Insurance Requirements & Agreement Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor’s policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers’ Compensation Employers’ Liability (WC) Statutory Limits $1,000,000 per occurrence For WC, CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. CGL and BAL, City to be listed as additional insured and provided 30- day notice of cancellation or material change in coverage. WC, CGL and BAL, City shall be provided 30-day notice of cancellation or material change in coverage. CGL will include a non-contributory addendum. 2. Commercial General (Public) Liability (CGL) to include coverage for: a)Premises/Operations b) Products/Completed Operations c)Independent Contractors d)Personal Injury e)Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $2,000,000 3. Business Auto Liability (BAL) to include coverage for: a)Owned/Leased vehicles b)Non-owned vehicles c)Hired vehicles Combined Single Limit - $1,000,000 If the contract involves a professional service, the contractor will also be required to provide the City with professional liability insurance in an amount of at least $1,000,000. Certificate of Insurance forms may be emailed to: Purchasing Department at ebids@pearlandtx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebids@pearlandtx.gov. This form must be signed and returned with your bid/quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid # Company: Signature and Printed Name: DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 ATTACHMENT D – WARRANTY Items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. One (1) year parts and installation warranty. DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/26/2023 Brady,Chapman,Holland &Associates 10055 West Gulf Bank Houston TX 77040 Certificate Department 713-688-1500 713-688-7967 ecerts@bch-insurance.com Travelers Lloyds Insurance Company 41262 Hartford Fire Insurance Co.19682Boyer,Inc. 8904 Fairbanks N.Houston Houston TX 77064-6805 Pacific Insurance Co.(R-T Specialty)10046 Hartford Casualty Insurance Co.29424 American Guarantee And Liability Co 26247 322116501 B X 1,000,000 X 300,000 X 50,000 10,000 X Non-Contributory 1,000,000 2,000,000 X X 61CSEQU3171 4/1/2023 4/1/2024 2,000,000 B 1,000,000 X X X X MCS-90 61CSEQU3172 4/1/2023 4/1/2024 D X X 10,000,00061HHUQU31734/1/2023 4/1/2024 10,000,000 X 10,000 D X61WNBQU31704/1/2023 4/1/2024 USLH 1,000,000 1,000,000 1,000,000 A C E Installation Floater Poll/Prof.Liability Excess Liability QT6301H181087TLC23 13CPIBM1812 AEC591507818 4/1/2023 4/1/2023 4/1/2023 4/1/2024 4/1/2024 4/1/2024 Installation Floater Prof/Poll EaClaim/Agg Excess $10M xs $10M $15,000,0000 2000000/2000000 $10,000,000 The policy includes blanket additional insured on the general liability (ongoing and completed operations)per form HS24830713 and automobile per form HS99160312,Umbrella per form XL70001206,with a waiver of subrogation on the general liability per form HG00010916,automobile per form HS99160312 umbrella per form XL70001206 and workers compensation per form WC420304 when required by written contract.This insurance is primary and non-contributory as respects general liability HS24830713 and automobile per form HS99160312. The umbrella follows form per terms and condition as specified per form XL70001206 and form UEXS100CCW. Re:Electrical Services Contract #0321-31 City of Pearland 3519 Liberty Drive Pearland TX 77581 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 POLICY NUMBER: ABCDEFGHIJ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION IV This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Designated Project(s) Or Location(s) Or Organization(s):Of Covered Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.With respect to those person(s) or organization(s)but only if: shown in the Schedule above when you have (a)The written contract or written agreed in a written contract or written agreement agreement requires you to provide to provide insurance such as is afforded under this such coverage to such additional f. Any Otherpolicy to them, Subparagraph ,insured at the project(s) or location(s) Party Additional Insureds When, under the designated in the Schedule; and Required By Written Contract, Written (b)This Coverage Part provides coverageAgreement Or Permit Section II –Paragraph of for "bodily injury" or "property damage"Who Is An Insured is replaced with the following:included within the "products- f. Any Other Party completed operations hazard". Any other person or organization who is not The insurance afforded to the additional a. e.an insured under Paragraphs through insured shown in the Schedule applies: above, but only with respect to liability for (1)Only if the "bodily injury" or "property"bodily injury", "property damage" or "personal damage" occurs, or the "personal andand advertising injury" arising out of:advertising injury" offense is committed: (1)Your ongoing operations performed for (a)During the policy period; andsuch additional insured at the project(s) or (b)Subsequent to the execution of suchlocation(s) designated in the Schedule; written contract or written agreement;(2)Premises owned by or rented to you and andshown in the Schedule; or (c)Prior to the expiration of the period of(3)"Your work" for the additional insured at time that the written contract or writtenthe project(s) or location(s) designated in agreement requires such insurancethe Schedule and included within the be provided to the additional insured."products-completed operations hazard", Form HS 24 83 07 13 Page 1 of 2 © 2013, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) 61 CSE QU3171 All, except Additional Insureds that are insured under a separate additional insured endorsement on this policy All DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 (2)When You Add Others As An AdditionalOnly to the extent permitted by law; and Insured To This Insurance(3)Will not be broader than that which you (a) Primary Insurance When Required Byare required by the written contract or Contractwritten agreement to provide for such additional insured.This insurance is primary if you have agreed With respect to the insurance afforded to the in a written contract or written agreement that person(s) or organization(s) that are additional this insurance be primary. If other insurance insureds under this endorsement, the is also primary, we will share with all that following additional exclusion applies:other insurance by the method described in (c)Paragraph below. This insurance does notThis insurance does not apply to "bodily apply to other insurance to which theinjury", "property damage" or "personal and additional insured in the Schedule has beenadvertising injury" arising out of the rendering added as an additional insured.of, or the failure to render, any professional (b) Primary And Non-Contributory To Otherarchitectural, engineering or surveying Insurance When Required By Contractservices, including: (1)The preparing, approving, or failing to This insurance is primary to and will not seek prepare or approve maps, shop drawings,contribution from any other insurance opinions, reports, surveys, field orders,available to an additional insured under your change orders, designs or specifications;policy provided that: or (i)The additional insured in the Schedule is (2)Supervisory, inspection, architectural or a Named Insured under such other engineering activities.insurance; and (ii)The limits of insurance that apply to the additional You have agreed in a written contract or insured shown in the Schedule are described in the written agreement that this insurance Limits Of Insurance section.would be primary and would not seek contribution from any other insuranceHow this insurance applies when other insurance is available to the additional insured in theavailable to the additional insured is described in the Schedule.Section IV –Other Insurance Condition in Commercial General Liability Conditions (c) Method Of Sharing, except as otherwise amended below.If all of the other insurance permits B.With respect to insurance provided to the contribution by equal shares, we will follow person(s) or organization(s) that are additional this method also. Under this approach,each When Youinsureds under this endorsement, the insurer contributes equal amounts until it has Add Others As An Additional Insured To This paid its applicable limit of insurance or none of Insurance Othersubparagraph, under the the loss remains, whichever comes first. Insurance Section IV – Commercial Condition of If any of the other insurance does not permit General Liability Conditions is replaced with the contribution by equal shares, we will following:contribute by limits. Under this method,each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 83 07 13 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Paragraphs (a)and (b)do not apply to computation, and send us copies at such other insurance to which the additional times as we may request. insured has been added as an additional 6. Representations insured.a. When You Accept This Policy When this insurance is excess, we will have By accepting this policy, you agree:no duty under Coverages A or B to defend (1)The statements in the Declarations arethe insured against any "suit" if any other accurate and complete;insurer has a duty to defend the insured against that "suit". If no other insurer defends, (2)Those statements are based upon we will undertake to do so, but we will be representations you made to us; and entitled to the insured's rights against all (3)We have issued this policy in reliancethose other insurers. upon your representations.When this insurance is excess over other b. Unintentional Failure To Disclose Hazardsinsurance, we will pay only our share of the If unintentionally you should fail to disclose allamount of the loss, if any, that exceeds the hazards relating to the conduct of yoursum of: business that exist at the inception date of(1)The total amount that all such other this Coverage Part, we shall not denyinsurance would pay for the loss in the coverage under this Coverage Part becauseabsence of this insurance; and of such failure.(2)The total of all deductible and self-insured 7. Separation Of Insuredsamounts under all that other insurance. Except with respect to the Limits of Insurance,We will share the remaining loss, if any, with and any rights or duties specifically assigned inany other insurance that is not described in this Coverage Part to the first Named Insured,this Excess Insurance provision and was not this insurance applies:bought specifically to apply in excess of the Limits of Insurance shown in the Declarations a.As if each Named Insured were the only of this Coverage Part. Named Insured; and c. Method Of Sharing b.Separately to each insured against whom If all of the other insurance permits claim is made or "suit" is brought. contribution by equal shares, we will follow 8. Transfer Of Rights Of Recovery Againstthis method also. Under this approach each Others To Usinsurer contributes equal amounts until it has a. Transfer Of Rights Of Recoverypaid its applicable limit of insurance or none If the insured has rights to recover all or partof the loss remains, whichever comes first. of any payment, including SupplementaryIf any of the other insurance does not permit Payments, we have made under thiscontribution by equal shares, we will Coverage Part, those rights are transferred tocontribute by limits. Under this method, each us. The insured must do nothing after loss toinsurer's share is based on the ratio of its impair them. At our request, the insured willapplicable limit of insurance to the total bring "suit" or transfer those rights to us andapplicable limits of insurance of all insurers.help us enforce them.5. Premium Audit b. Waiver Of Rights Of Recovery (Waiver Ofa.We will compute all premiums for this Subrogation)Coverage Part in accordance with our rules If the insured has waived any rights ofand rates. recovery against any person or organizationb.Premium shown in this Coverage Part as for all or part of any payment, includingadvance premium is a deposit premium only.Supplementary Payments, we have madeAt the close of each audit period we will under this Coverage Part, we also waive thatcompute the earned premium for that period right, provided the insured waived their rightsand send notice to the first Named Insured.of recovery against such person orThe due date for audit and retrospective organization in a contract, agreement orpremiums is the date shown as the due date permit that was executed prior to the injury oron the bill. If the sum of the advance and damage.audit premiums paid for the policy period is 9. When We Do Not Renewgreater than the earned premium, we will return the excess to the first Named Insured.If we decide not to renew this Coverage Part, we c.The first Named Insured must keep records of will mail or deliver to the first Named Insured the information we need for premium shown in the Declarations written notice of the HG 00 01 09 16 Page 17 of 21 Policy No. 61CSE QU3171 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a covered "auto" you don't own, hire orA. Subsidiaries and Newly Acquired or borrow in your business or yourFormed Organizations personal affairs.The Named Insured shown in the C. Lessors as InsuredsDeclarations is amended to include: Paragraph A.1. - WHO IS AN INSURED - of(1) Any legal business entity other than a Section II - Liability Coverage is amended topartnership or joint venture, formed as a add:subsidiary in which you have an ownership interest of more than 50% on e. The lessor of a covered "auto" while thethe effective date of the Coverage Form."auto" is leased to you under a writtenHowever, the Named Insured does not agreement if:include any subsidiary that is an (1) The agreement requires you to"insured" under any other automobile provide direct primary insurance forpolicy or would be an "insured" under the lessor andsuch a policy but for its termination or (2) The "auto" is leased without a driver.the exhaustion of its Limit of Insurance. Such a leased "auto" will be considered a (2) Any organization that is acquired or covered "auto" you own and not a covered formed by you and over which you "auto" you hire.maintain majority ownership. However, the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization:(1) Paragraph A.1. - WHO IS AN INSURED(a) That is a partnership or joint - of Section II - Liability Coverage isventure,amended to add: (b) That is an "insured" under any other f. When you have agreed, in a writtenpolicy,contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your business auto policy, such person or(d) 180 days or more after its organization is an "insured", but onlyacquisition or formation by you, to the extent such person orunless you have given us notice of organization is liable for "bodilythe acquisition or formation. injury" or "property damage" causedCoverage does not apply to "bodily by the conduct of an "insured" underinjury" or "property damage" that results paragraphs a. or b. of Who Is Anfrom an "accident" that occurred before Insured with regard to theyou formed or acquired the organization.ownership, maintenance or use of aB. Employees as Insureds covered "auto."Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 1 of 5of ISO Properties, Inc., with its permission.) Policy No. 61CSEQU3172 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 E. Primary and Non-Contributory ifThe insurance afforded to any such Required by Contractadditional insured applies only if the "bodily injury" or "property damage"Only with respect to insurance provided tooccurs:an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the following provisions apply:(2) Subsequent to the execution of such written contract, and (3) Primary Insurance When Required By Contract(3) Prior to the expiration of the period of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be primary. If other insurance is also(2) How Limits Apply primary, we will share with all that otherIf you have agreed in a written contract insurance by the method described inor written agreement that another Other Insurance 5.d.person or organization be added as an (4) Primary And Non-Contributory To Otheradditional insured on your policy, the Insurance When Required By Contractmost we will pay on behalf of such additional insured is the lesser of: If you have agreed in a written contract or written agreement that this insurance(a) The limits of insurance specified in is primary and non-contributory with thethe written contract or written additional insured's own insurance, thisagreement; or insurance is primary and we will not(b) The Limits of Insurance shown in seek contribution from that otherthe Declarations.insurance. Such amount shall be a part of and not (3) (4)Paragraphs and do not apply to other in addition to Limits of Insurance shown insurance to which the additional insuredin the Declarations and described in this has been added as an additional insured.Section.When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit"those other insurers. to the other insurer for defense and When this insurance is excess over otherindemnity.insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such otherthat this insurance is primary and non-insurance would pay for the loss in thecontributory with the additional insured's absence of this insurance; andown insurance.(2) The total of all deductible and self-insured(4) Duties in The Event Of Accident, Claim,amounts under all that other insurance.Suit or Loss We will share the remaining loss, if any, by the If you have agreed in a written contract method described in Other Insurance 5.d.or written agreement that another 2. AUTOS RENTED BY EMPLOYEESperson or organization be added as an additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your directionwillbe comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amendedEVENT OF ACCIDENT, CLAIM , SUIT by adding the following:OR LOSS – OF SECTION IV – BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 2 of 5of ISO Properties, Inc., with its permission.) DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 5 PHYSICAL DAMAGE - ADDITIONALIf an "employee’s" personal insurance also . TEMPORARY TRANSPORTATION EXPENSEapplies on an excess basis to a covered "auto" COVERAGEhired or rented by your "employee" on your behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICALbe primary to the "employee’s" personal DAMAGE COVERAGE is amended to provide ainsurance.limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. 6. LOAN/LEASE GAP COVERAGEEXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGEapply if you have workers' compensation COVERAGE, in the event of a total "loss" to ainsurance in-force covering all of your covered "auto", we will pay your additional legal"employees".obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance" of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" lessIf hired "autos" are covered "autos" for Liability any amounts representing taxes; overdueCoverage and if Comprehensive, Specified payments; penalties, interest or chargesCauses of Loss, or Collision coverages are resulting from overdue payments; additionalprovided under this Coverage Form for any mileage charges; excess wear and tear charges;"auto" you own, then the Physical Damage lease termination fees; security deposits notCoverages provided are extended to "autos" you returned by the lessor; costs for extendedhire or borrow, subject to the following limit.warranties, credit life Insurance, health, accidentThe most we will pay for "loss" to any hired or disability insurance purchased with the loan or"auto" is:lease; and carry-over balances from previous (1) $100,000;loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property,COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to "loss" caused 8. ELECTRONIC EQUIPMENT - BROADENEDby fire or lightning. Hired Auto Physical Damage COVERAGEcoverage is excess over any other collectible a. The exceptions to Paragraphs B.4 -insurance. Subject to the above limit, deductible EXCLUSIONS - of SECTION III - PHYSICALand excess provisions, we will provide coverage DAMAGE COVERAGE are replaced by theequal to the broadest coverage applicable to any following:covered "auto" you own. 4.c. 4.d.Exclusions and do not apply to We will also cover loss of use of the hired "auto"equipment designed to be operated solelyif it results from an "accident", you are legally by use of the power from the "auto's"liable and the lessor incurs an actual financial electrical system that, at the time of "loss", loss, subject to a maximum of $1000 per is:"accident". (1) Permanently installed in or uponThis extension of coverage does not apply to the covered "auto";any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 3 of 5of ISO Properties, Inc., with its permission.) DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto" or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's" operating system.the same "accident", the following applies: b.Section III – Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance,deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Autothe Business Auto Coverage Form, Physical Coverage Form is not the smaller (orDamage Coverage, Limit of Insurance,smallest) deductible, it will be reduced byParagraph C are each amended to add the the amount of the smaller (or smallest)following:deductible. $1,500 is the most we will pay for "loss" in 12. AMENDED DUTIES IN THE EVENT OFany one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSSequipment (other than equipment designed The requirement in LOSS CONDITIONS 2.a. -solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT,CLAIM,accessories used with such equipment)SUIT OR LOSS - of SECTION IV - BUSINESSthat reproduces, receives or transmits AUTO CONDITIONS that you must notify us ofaudio, visual or data signals which, at the an "accident" applies only when the "accident" istime of "loss", is:known to:(1) Permanently installed in or upon (1) You, if you are an individual;the covered "auto" in a housing, (2) A partner, if you are a partnership;opening or other location that is not normally used by the "auto"(3) A member, if you are a limited liability manufacturer for the installation of company; or such equipment;(4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSEin Paragraph 2.a. above or is an HAZARDSintegral part of that equipment; or If you unintentionally fail to disclose any hazards(3) An integral part of such equipment.existing at the inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO - COVERAGE TERRITORYstolen electronic equipment will be reduced by Paragraph e. of GENERAL CONDITIONS 7. -the applicable deductible shown in the POLICY PERIOD, COVERAGE TERRITORY -Declarations, or $250, whichever deductible is of SECTION IV - BUSINESS AUTOless. CONDITIONS is replaced by the following:9. EXTRA EXPENSE - BROADENED e. For short-term hired "autos", the coverageCOVERAGE territory with respect to Liability Coverage isUnder Paragraph A. - COVERAGE - of SECTION anywhere in the world provided that if theIII - PHYSICAL DAMAGE COVERAGE, we will "insured's" responsibility to pay damages forpay for the expense of returning a stolen covered "bodily injury" or "property damage" is"auto" to you.determined in a "suit," the "suit" is brought in10. GLASS REPAIR - WAIVER OF DEDUCTIBLE the United States of America, the territories and possessions of the United States ofUnder Paragraph D. - DEDUCTIBLE - of SECTION America, Puerto Rico or Canada or in aIII - PHYSICAL DAMAGE COVERAGE, the settlement we agree to.following is added: 15. WAIVER OF SUBROGATIONNo deductible applies to glass damage if the glass is repaired rather than replaced.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV -11. TWO OR MORE DEDUCTIBLES BUSINESS AUTO CONDITIONS is amended byUnder Paragraph D. - DEDUCTIBLE - of SECTION adding the following:III - PHYSICAL DAMAGE COVERAGE, the following is added: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 4 of 5of ISO Properties, Inc., with its permission.) DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 We waive any right of recovery we may have c.Regardless of the number of autosdeemeda against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form."loss" is $10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V-a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following:uses only an internal combustion engine to move the auto but does not include autos"Bodily injury" means bodily injury, sickness or powered solely by electricity or natural gas.disease sustained by any person, including mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these.internal combustion engine and one or more electric motors; and that uses the internal17. EXTENDED CANCELLATION CONDITION combustion engine and one or more electricParagraph 2. of the COMMON POLICY motors to move the auto, or the internalCONDITIONS - CANCELLATION - applies combustion engine to charge one or moreexcept as follows:electric motors, which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGEnonpayment of premium, we will mail or deliver In the event of a total loss to an "auto" for whichto the first Named Insured written notice of Comprehensive, Specified Causes of Loss, orcancellation at least 60 days before the effective Collision coverages are provided under thisdate of cancellation.Coverage Form, then such Physical Damage18. HYBRID, ELECTRIC, OR NATURAL GAS Coverages are amended to add the following:VEHICLE PAYMENT COVERAGE In addition to the actual cash value of the "auto",In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000 for vinyl vehicle wrapsfor which Comprehensive, Specified Causes of which are displayed on the covered "auto" at theLoss, or Collision coverages are provided under time of total loss. Regardless of the number ofthis Coverage Form, then such Physical autos deemed a total loss, the most we will payDamage Coverages are amended as follows:under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of $2,500, of the "non-hybrid" auto’s not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 5 of 5of ISO Properties, Inc., with its permission.) DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 ABCDEFGHIJ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: Policy Expiration Date: Policy Number: Endorsement Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: 61 WN QU3170 14 BOYER, INC. 8904 FAIRBANKS N. HOUSTON HOUSTON, TX 77064 ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. ENDORSEMENT IS NOT APPLICABLE IN KY, NH, NJ OR ANY MO CONSTRUCTION RISK. 4/1/2024/1/2023 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 ABCDEFGHIJ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVEROF OUR RIGHTTO RECOVERFROM OTHERSENDORSEMENT Policy Number: Endorsement Number: Effective Date:Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: This endorsement applies only to the insurance of the operations described in the Schedule where provided by the policy because Texas is shown in you are required by a written contract to obtain this Item 3.A. of the Information Page.waiver from us. We have the right to recover our payments from This endorsement shall not operate directly or anyone liable for an injury covered by this policy. We indirectly to benefit anyone not named in the will not enforce our right against the person or Schedule. organization named in the Schedule, but this waiver The premium for this endorsement is shown in the applies only with respect to bodily injury arising out Schedule. Schedule 1. ( ) Special 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: 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Form WC 42 03 04 B Printed in U.S.A. Process Date: Policy Expiration Date: 61 WN QU3170 15 BOYER, INC. 8904 FAIRBANKS N. HOUSTON HOUSTON, TX 77064 X 2.0 INCLUDED ALL TEXAS OPERATIONS 4/1/2024/1/2023 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 FORM MCS-90 Revised 01/06/2017 OMB No.: 2126-0008 USDOT Number Date Received A Federal Agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2126-0008. Public reporting for this collection of information is estimated to be approximately 2 minutes per response, including the time for reviewing instructions, gathering the data needed, and completing and reviewing the collection of information. All responses to this collection of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Motor Carrier Safety Administration, MC-RRA, Washington, D.C. 20590. U.S. Department of Transportation ENDORSEMENT FOR MOTOR CARRIER POLICIES OF INSURANCEFederal Motor Carrier FOR PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THESafety Administration MOTOR CARRIER ACT OF 1980 FORM MCS-90 Issued to Of (Motor Carrier name)(Motor Carrier state or province) Dated at this day of , 20 Amending Policy No.Effective Date Name of Insurance Company Countersigned by (Authorized Company Representative) The Policy to which this endorsement is attached provides primary or excess insurance, indicated for the limits shown (check only one): [ ] This insurance is primary and the company shall not be liable for amounts in excess of $for each accident. [ ] This insurance is excess and the company shall not be liable for amounts in excess of $for each accident in excess of the underlying limit of $for each accident. Whenever required by the Federal Motor Carrier Safety Administration (FMCSA), the company agrees to furnish the FMCSA a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by an authorized representative of the FMCSA, to verify that the policy is in force as of a particular date. The telephone number to call is: Cancellation of this endorsement may be effected by the company of the insured by giving (1) thirty-five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to the FMCSA's registration requirements under 49 U.S.C. 13901, by providing thirty (30) days notice to the FMCSA (said 30 days notice to commence from the date the notice is received by the FMCSA at its office in Washington, D.C.). DEFINITIONS AS USED IN THIS ENDORSEMENT includes continuous or repeated exposure to conditions means damage to or loss of use of tangible property.Accident Property Damage or which results in bodily injury, property damage, or environmental Environmental Restoration means restitution for the loss, damage, or destructiondamage which the insured neither expected nor intended.of natural resources arising out of the accidental discharge, dispersal, release or Motor Vehicle means a land vehicle, machine, truck, tractor, escape into or upon the land, atmosphere, watercourse, or body of water, of any trailer, or semitrailer propelled or drawn by mechanical power and commodity transported by a motor carrier. This shall include the cost of removal used on a highway for transporting property, or any combination and the cost of necessary measures taken to minimize or mitigate damage to thereof.human health, the natural environment, fish, shellfish, and wildlife. Bodily Injury means injury to the body, sickness, or disease to Public Liability means liability for bodily injury, property damage, and any person, including death resulting from any of these.environmental restoration. (continued on next page) FORM MCS-90 Page 1 of 2 1591983 BOYER, INC.HOUSTON, TX 77064 12:01 AM APRIL 61 CSE QU3172 HARTFORD FIRE INSURANCE COMPANY X 1,000,000 (866) 467-8730 1st 4/1/202 25th 23 4/1/2023 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 POLICY NUMBER: ABCDEFGHIJ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NON-RENEWAL TO DESIGNATED PERSON(S) OR ORGANIZATION(S) OTHER THAN THE NAMED INSURED This policy is subject to the following conditions. SCHEDULE Number of Days Notice _________ Name of Person(s) or Organization(s)Mailing Address If this policy is cancelled or non-renewed, we agree that the person(s) or organization(s) listed in the Schedule above will be notified at least: a. 10 days before the effective date of cancellation if we cancel for non-payment of premium; or b. The number of days shown in the Schedule above before the effective date of cancellation or non-renewal if we cancel or non-renew for any other reason. In no event, however, will notice of cancellation or non-renewal be less than the minimum number of days required by the jurisdiction to which this endorsement applies. If notice is mailed, proof of mailing to the address shown in the Schedule above will be sufficient proof of notice. Form IH 03 02 06 08 Page 1 of 1 © 2008, The Hartford 61 CSE QU3172 60 BLANKET AS REQUIRED BY WRITTEN CONTRACT DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 COMMERCIAL GENERAL LIABILITYPOLICY NUMBER: CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: 2. Address: 3. Number of days advance notice: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 05 12 04 (c) ISO Properties, Inc., 2003 Page 1 of 1 61 CSE QU3171 CERTIFICATE HOLDERS ON FILE WITH BRADY, CHAPMAN, HOLLAND 60 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Policy Number:Endorsement Number: Effective Date:Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. Number of days advance notice: 2. Notice will be mailed to: Countersigned by Authorized Representative Form WC 42 06 01 Printed in U.S.A. 61 WN QU3170 24 BOYER, INC. 8904 FAIRBANKS N. HOUSTON HOUSTON, TX 77064 30 CERTIFICATE HOLDERS ON FILE WITH BRADY, CHAPMAN, HOLLAND 4/1/2024/1/2023 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 06/26/2023 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Boyer, Inc. Houston, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Pearland Electrical Services 0321-31 2023-1038639 06/30/2023 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING Boyer, Mark L.XHouston, TX United States 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state) (zip code) (country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V3.5.1.a18ea2cawww.ethics.state.tx.usForms provided by Texas Ethics Commission DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Kendra Murphy Deputy Finance Director DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9