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HomeMy WebLinkAboutResolution - 2012-R0477 - Contract - Star Landscape - Parks Turf Maintenance - 12_06_2012Resolution No. 2012-RO477 December 6, 2012 Item No. 5.14.B. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11094 for parks turf maintenance, by and between the City of Lubbock and Star Landscape, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully 'set forth herein and shall be included in the minutes of the City Council. li Passed by the City Council on December 6, 2012 GLROWTSON, MAYOR ATTEST: ae��� 5�—X Rebec a Garza, City Secretary APPROVED AS TO CON NT: r Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Star Landscape November 20, 2012 CONTRACT AWARD DATE. December 5. 2012 CITY OF LUBBOCK SPECIFICATIONS FOR PARKS TURF MAINTENANCE Bidders may view the drawings and specifications on www.bids c.com. ITB 13-10981-CI CONTRACT 11094 STAR LANDSCAPE a ►�.- kc)g 7 7 CITY OF LUBBOCK Lubbock, Texas PAGE INTENTIONALLY LEFT BLANK ADDENDUM(S) PAGE INTENTIONALLY LEFT BLANK city of )bock rEzas ADDENDUM #1 Parks Turf Maintenance ITB 13-10981-CI DATE ISSUED: November 1, 2012 CLOSE DATE & TIME: November 13, 2012 @ 3:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITS). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Bidders are invited to review the following: 1. Under Index 8 — Specifications, Section 1.3 Edging has been revised as follows: Deleted: Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class A Parks. 2. Under Index 8 -- Specifications, the Sections listed have been revised to read: "See Index 7 # 35 for more details." Section 1.3 Section 2.3 Section 3.3 Section 4.3 Section 5B 2.3 Section 5.3 Section 6.4 3. Index 11--- Payment Request has been revised as follows and is attached to this addendum. Added: An Original Invoice must accompany this payment request. Added: Invoice Number: 4. During the Pre -Bid, attendees asked the following questions. The City has attempted to capture the core questions and received the following answers provided by the Parks & Recreation Department after the meeting. The questions identified below (shown in italic font) are a summary of the questions asked, followed by the response of the City. Q: In Section 1.2 of Index 8, Maintenance Standards, it states that "mowing equipment shall be reel mower for Gateway Plaza, Buddy Holly Plaza, and the Garden & Arts Tea Terrace. " These areas look as though they are being rotary mowed. Do these areas have to be reel mowed? . ........ Q: Is the contractor responsible for maintaining concrete medians? If so, will spray application be acceptable on the concrete medians? A: Yes. The contractor is responsible for maintaining all concrete medians per the specifications. Spray application is acceptable. Q. Can debris, i.e., grass clippings, leaves, etc., be blown off the property? A: No. Debris will not be allowed to be blown off property. It must be blown back into the property per the specifications. Q: In regard to existing debris in the curb and gutter areas, i.e., road construction materials, will the contractor be responsible for clean up or will this be the responsibility of the City? A: The City will do all cleaning of existing debris prior to the start of the contract. In the event that debris is caused by a road construction project, it does not fall under the mowing contractors' responsibility. The City will be responsible to oversee this debris is cleaned up by the responsible party. All requests for additional information or. clarification must be submitted in writing and directed to: City of Lubbock Corey Isaacs Buyer P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Emailed to ci.saacs ,rnylubbock.us THANK YOU, &' Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. Its all be the bidder's responsibilily to advise the City of Lubbock Director of Purchasing & Contract Management if anv lantuaae,_requirements. etc., or any combinations thereof inadvertently restricts or limits the requirements stated in this 1T 3 to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. MAINTENANCE STANDARDS **********REVISED********* 1.0 Class A Maintenance Standards 1.1 General: Successful Contractor must commence Work within ten (10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative Agent. The Contractor shall be notified of the Owner's decision by letter. 1.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending street -ward including the curb and ending six (6) inches beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 1.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from Notice To Proceed and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 1.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency and height shall be determined by turf growth and occur up to once per calendar week, or every seven (7) days, evenly spaced between Cycles. Clippings shall be bagged and recycled and all hard surfaces shall be cleaned after each service. Mowing equipment shall be a reel mower for Gateway Plaza, Buddy Holly Plaza and the Garden & Arts Tea Terrace. The remaining Class A Parks shall be non -bagged and mowed with a rotary/recycler mower. All equipment must be of appropriate size for each site and approved by the Owner's Representative or Agent(s). All required unit work which includes mowing, edging, trine mowing, string trimming, and sweeping shall be 1001/16 complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. 1.2.1 TENTATIVE MOWING FREQUENCIES: January 0 July 4 February 0 August 5 March 1 September 4 April 4 October 2 May 4 November 1 June 4 December 0 1.3 Edging: All sidewalks and curbs shall be edged to a depth of one inch and shall be performed concurrently with mowing operations. String trimmers or curb dressers may not be used for edging. DELETED: Six (6)to eig ....... ......... �..................�......:.,..�...�., .....J v.. ,....u...........v..vv uu...a a uu .a.ci v.x-vxcx.cra Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 7 # 35 for details. 1.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing operations and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may be used for this task 1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake shall be the Contractor's responsibility. Trimming must be performed around trees, plant beds, buildings, playground equipment, signs, fences, Addendum No. 1 1TB 13-10981-CI )INDEX 8 SPECIFICATIONS and any other plants or structures. All play surfaces, hard surfaces, sidewalks, streets, street medians, parking areas, parking lots and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 2.0 Class B Maintenance Standards 2.1 General: Successful Contractor must commence Work within ten (10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 2.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending street -ward including the curb and ending six (6) inches beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. if conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas 2.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from Notice To Proceed and will notify the Owner's Representative or Agent(s) of any changes in the Y schedule prior to the schedule change. 2.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency and height shall be determined by turf growth and occur up to once per calendar week or every seven (7) days, evenly spaced between Cycles. Clippings shall not be bagged, and all hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be reel mowers or turf type full flotation rotary mowers equipped with all turf tires and shall be approved by the Owner's Representative or Agent(s). Some specialty sites such as athletic fields, athletic facilities, and municipal facilities shall be mowed on specific times and days and of the week as determined by the Owner's Representative or Agent(s). Al required unit work which includes mowing, edging, trim mowing, string trimming, and sweeping shall be 100% F complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. 2.2.1 TENTATIVE MOWING FREQUENCIES: January 0 July 4 February 0 August S March I September 4 April 2 October 1 May 4 November 0 .tune 4 December 0 2.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch and all non curbed plant beds shall be edged to a depth necessary to achieve appropriate results. All edging shall be performed concurrently with mowing at each site. String trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class B Parks. All jogging tracks shall be edged concurrently with mowing operations. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 7 # 35 for details. 2.3.1 Street curb and drainage channel edging shall be accomplished weekly and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may be used for this task. 2 Addendum No. 1 ITB 13-10981-Cl INDEX 8 SPECIFICATIONS 2.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake shall be the Contractor's responsibility. Trimming must be performed around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or structures. All play surfaces, sidewalks, hard surfaces, streets, street medians, playground sidewalks, parking areas, parking lots and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 3.0 Class C Maintenance Standards 3.1 General: Successful Contractor must commence Work within ten (10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be trade by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 3.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending street -ward including the curb and ending six (6) inches beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas 3.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from Notice To Proceed and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 3.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency and height shall be determined by turf growth and occur up to once every ten (10) days evenly spaced between Cycles. Clippings shall not be bagged and all hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be determined by site conditions and equipped with all turf tires and shall be approved by the Owner's Representative or Agent(s). Some specialty sites such as athletic fields, athletic facilities, and municipal facilities shall be mowed on specific times and days and of the week as determined by the Owner's Representative or Agent(s). All required unit work which includes mowing, edging, trim mowing, string trimming, and sweeping shall be 100% complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. 3.2.1 TENTATIVE MOWING FREQUENCIES: January 0 July 2 February 0 August 3 March 1 September 2 April 2 October 1 May 3 November 0 June 3 December 0 3.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch and all non �...... curbed plant beds shall be edged to a depth necessary to achieve appropriate results. All edging shall be performed concurrently with mowing at each site. String trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class C Parks. All jogging tracks shall be edged concurrently with mowing operations. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 7 # 35 for details. Addendum No. 1 ITB 13-10981-C1 INDEX S SPECIFICATIONS 3.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing operations and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may be used for this task. 3.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake shall be the Contractor's responsibility. Trimming must be performed around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or structures. All play surfaces, sidewalks, hard surfaces, streets, street medians, playground sidewalks, parking areas, parking lots and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 4.0 Class D Maintenance Standards 4.1 General: Successful Contractor must commence Work within ten (10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 4.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending street -ward including the curb and ending six (6) inches } beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required. `, s 4.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from Notice To Proceed and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 4.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency shall be determined by turf growth and shall occur once every twenty-one (21) days or as determined by the Owner's Representative or Agent(s). The Owner's Representative or Agent(s) will notify the Contractor as needed to perform mowing services. Mowing shall be at four (4) inches and include trimming around all objects and elimination of growth on any hard surfaces including adjacent public roadways. Mowing equipment shall be determined by site conditions and shall be equipped with all turf tires or industrial tires and be approved by the Owner's Representative or Agent(s). All required unit work which includes mowing, edging, trim mowing, string trimming and sweeping shall be 100% complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. b 4.2.1 TENTATIVE MOWING FREQUENCIES: January 0 July 2 February 0 August 1 March 0 September I April I October I May 1 November 0 June 2 December 0 4.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch. All edging shall be performed concurrently with mowing at each sitetsection. String trimmers or curb dressers may not be used for edging. Six (6) to eight (S) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class D Parks. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 7 # 35 for details. 4 Addendum No. i 1TB 13-10981-CI INDEX 8 SPECIFICATIONS 4.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing operations and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may be used for this task. 4.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake shall be the Contractor's responsibility. Trimming must be performed around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or structures. All play surfaces, streets, street medians, parking lots, parking areas and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed at each site/section. 5.0 Class B Broadway Streetscapes, Class C Southwest Loop Turnarounds & Class E Right -of -Way Maintenance Standards 513.1 General: Please note that Class B, C & E Standards consists of the Broadway Streetscapes, Southwest Loop Turnarounds and Class E Hard Surfaced Medians and their adjacent Right -of -Way areas. The Unit pricing forms included for this Classification contain Unit pricing requests for the purpose of evaluating yearly site costs and the cost of maintenance frequency adjustments required by environmental factors or other conditions. Successful Contractor must commence Work within ten (10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 5B 2.1 Class B Broadway Streetscape Maintenance Standards, 513 2.1. IThe areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating plant beds, hard surfaces, streets and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 5B 11.2 Service areas are located from Broadway & University Avenue through Broadway & Martin Luther King Boulevard. The areas include curbed and non -curbed right-of-way on either side of roadways, hard surfaced and landscaped medians, landscape islands, city utility sites such as traffic control devices, signs, and electric poles, visibility triangles at intersections, and excess right-of-way of variable width. 5B 2.1.3 Curbed areas with adjacent sidewalks shall be maintained through the sidewalk extending street - ward including the curb and ending six (6) inches from lip of gutter. Median and Traffic Islands shall be maintained in their entirety including maintenance street -ward to either side from a point two feet from back of curb or to the edge of roadway on non-burbed medians or traffic islands. Non -curbed streets shall be maintained from the roadway to the centerline of the drainage channel. Maintenance at intersections shall include a visibility triangle extending thirty-foot from either side of the mid- point of -the curb's radius. 5B 2.1.4 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from Notice To Proceed and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 5B 2.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency and height shall be determined by turf growth and shall occur up to once every seven Addendum No. 1 ITB 13-10981-CI INDEX 8 SPECIFICATIONS (7) days evenly spaced between Cycles. Mowing equipment shall be a reel mower or turf type full flotation rotary/recycler mowers equipped with all turf tires and shall be approved by the Owner's Representative or Agent(s). Alternate mowing patterns are required every cycle to avoid turf damage. 5B 2.2.1 The right-of-way boundaries from Broadway and University through Broadway and Avenue Q on bothe sides will be through the sidewalk extending streetward including the curb and ending six (6) inches from lip of gutter. 5B 2.2.2 The right-of-way boundaries from Broadway and Avenue Q to Broadway and Avenue E on both sides, will be through the sidewalk extending streetward including the curb and ending six (6) inches beyond lip of gutter. The only exception will be the North side from Avenue N to Avenue Q. This area is excluded from any maintenance. 5B 2.2.3 The right-of-way boundaries from Broadway and Avenue E to Broadway and Avenue A (top section) include the area from the utility poles to the rails on both sides as well as from the building on the northwest corner of Broadway & Avenue A extending streetward including the curb and ending six (6) inches beyond lip of gutter. The underpass shall have weed and litter control on the North, South, and middle areas as well. 5B 2.2.4 The right-of-way boundaries on the North side from Broadway and Avenue A to the furthest East entrance of the South Plains Fairgrounds will be through the sidewalk extending streetward including the curb, and ending six (6) inches beyond lip of gutter. 5B 2.2.5 The right-of-way boundaries on the South side from Broadway and Avenue A to 720 E Broadway will be from the utility poles extending streetward including the curb and ending six(6) inches beyond the lip of gutter. 5B 2.2.6 The right-of-way boundaries on the South side from Broadway and Canyon Lake Road to Broadway and MLK Avenue include the area from the utility poles extending streetward including the curb and ending six (6) inches beyond the lip of gutter. 5B 2.2.7 The right-of-way boundary on the North side from Broadway and Nutmeg to Broadway and Oak Avenue shall be from the building and/or chain link fence extending streetward including the curb and ending six (6) inches beyond lip of gutter. 5B 2.2.8 The right-of-way boundary on the North side from Broadway and Oak Avenue to Broadway and MLK Avenue shall be from the utility poles extending streetward including the curb and ending six (6) inches beyond lip of gutter. 5B 2.2.9 All hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows of grass. 5B 2.3 Edging: All sidewalks and curbed plant material beds shall be edged to a depth of one inch. All edging shall be performed concurrently with mowing at each site. String trimmers or curb dressers may not be used for edging. Size (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class B, Broadway Streetscape Maintenance. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 7 # 35 for details. B5 2.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing operations and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may be used for this task. Addendum No. 1 INDEX S 1TB 13-10981-Cl ` SPECIFICATIONS 5B 2.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. All hard surfaces, sidewalks, streets, street medians, parking areas, parking lots and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 5B 2.5 Litter & Debris: All Litter and other types of Debris such as motor vehicle parts, rocks, gravel, and dirt, shall be removed by the Contractor. Litter and Debris removal shall be performed concurrently with other maintenance operations. Hard Surfaced Medians shall be swept and as well as Street Curb areas. B5 2.5.1 Disposal: Contractor shall be responsible for the.disposal of Litter and Debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No Litter or Debris shall be disposed of in residential dumpsters or of those belonging to Commercial Businesses. 5B 2.6 Maintenance Frequency: Mowing frequency and height shall be determined by turf growth and may occur up to once every seven (7) days, evenly spaced between Cycles. Maintenance activities performed shall include, as necessary, mowing, edging, trimming, complete plant material removal from hard surface areas, Iitter, and debris removal. 5B 2.6.1 TENTATIVE MOWING FREQUENCIES: January 0 July 4 February 0 August 5 March I September 4 April 2 October 1 May 4 November 0 June 4 December 0 513 2.6.1 The areas to be serviced for the Southwest Loop Turnarounds include all adjacent right of way medians, hard surface(s) and pavers adjoining the site. The vertical hard surface slope areas include the red cement from the top of the Loop 289 guardrails down to where it meets vegetation, concrete curbing, or non -sloped hard surfaces. The horizontal red cement slope boundaries begin underneath Loop 289 and extend to the end of the red cement that will occur on the Loop's access roads. The only exception to the red cement horizontal slope boundaries will be on the Northeast and Southeast Quadrants of Quaker Avenue and Southwest Quadrant on Slide Road. The ending slope boundaries on the Quaker Quadrants will be even with the trees planted on the slopes instead of the end of the red cement. The ending slope boundary on the Southwest Slide Quadrant will be the western -most y i landscaped flower bed. All paver hard surfaces, sidwalks, and street medians must be kept free of grass, weeds and debris. The Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from a contaminating plant beds, hard surfaces, streets and handicap ramps. if conditions are not conducive t_ 3 to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 5B 2.6.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from the date of Award of Contract and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 5.1 Mowing of Flat or Irrigated Turf Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency shall be determined by turf growth and occur no more than once every ten (10) days evenly spaced between Cycles: Turf shall be cut at a height of 2", and will increase to 2'/z" at the discretion of the Owner's Representative or Agent(s) and last throng the remainder of the season. Clippings shall not be bagged and all hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or INDEX 8 SPECIFICATIONS ....................................................................................................... �x Addendum No. 1 1TB 13-10981-Cl P windrows of grass. Mowing equipment shall be reel mowers or turf type full flotation rotary :mower equipped with all turf tires and shall be approved by the Owner's Represenatative or Agent(s). 5.2 Mowing of Slopes: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency shall be determined by turf growth and occur no more than every ten (10) days evenly spaced between Cycles. Vegetation shall be cut at a height of 4" - 7", and may increase at the discretion of the Owner's Representative and Agent(s) and last through the remainder of the season. Clippings shall not be bagged and all hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows of vegetation. Mowing equipment shall be turf type full flotation rotary mower and shall be equipped with all turf tires or industrial tires and approved by the Owner's Representative or Agent(s). Alternate mowing patterns are required every cycle to avoid turf damage. 5.2.1 TENTATIVE MOWING FREQUENCIES: January 0 July 2 February 0 August 3 March 1 September 2 April 2 October 1 May 3 November 0 June 3 December 0 5.3 Edging: All sidewalks and curbed plant material beds shall be edged to a depth of one inch exposing where the grass meets the surface area being edged, and all non curbed plant beds shall be edged to a depth necessary to achieve appropriate results. All edging shall be performed concurrently with mowing at each site. String trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class C, Southwest Loop Turnarounds. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 7 # 35 for details.. 5.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing operations and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may be used for this task. 5.4 Trimming: All string trimming must be done to achieve a height uniform with the specified mowing height. Trimming must be performed around trees, plant beds, guardrails, signs, pillars, and any other plants or structures. Maintenance of drains due to evaporation or receding water shall be the Contractor's responsibility. All vertical and horizontal slope hard surfaces, stamped pavers, sidewalks, streets and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 5.5 Litter & Debris: the Contractor shall remove all Litter and other types of Debris such as motor vehicle parts, rocks, gravel, and dirt. Hard Surfaced Medians shall be swept as well as Street Curb areas. Litter and Debris removal shall be performed concurrently with other maintenance operations. 5,6 Disposal: The Contractor shall be responsible for the disposal of Litter and Debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No Litter or Debris shall be disposed of in residential and/or commercial durnpsters. 6.0 Right -of -Way Maintenance: Addendum No. 1 1TB 13-10981-C1 INDEX 8 SPECIFICATIONS 6.1 Service areas are selected right-of-way locations located throughout the City. The areas include curbed and non - curbed right-of-way on either side of roadways, hard surfaced and landscaped medians, city utility sites such as traffic control devices, signs, and electric poles, visibility triangles at intersections, and excess right-of-way of variable width. The Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating plant beds, hard surfaces, streets and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 6.1.2 Curbed areas with adjacent sidewalks shall be maintained through the sidewalk extending street ward including the curb and ending six (6) inches beyond lip of gutter. Curbed areas without an adjacent sidewalk shall be maintained from back of curb including the gutter. Median and Traffic Islands shall be maintained in their entirety including maintenance street -ward to either side from a point two feet from back of curb or to the edge of roadway on non -curbed medians or traffic islands. Non -curbed streets shall be maintained from the roadway to the centerline of the drainage channel. Maintenance at intersections shall include a visibility triangle extending thirty-foot from either side of the mid- point of the curb's radius. 6.1.2.1 Maintenance of Underpasses shall be maintained through the sidewalk from curb to curb up to vertical wall and/or slope, including all adjacent hard surface medians. 6.1.2.2 The ROW Maintenance boundaries on Erskine Ave. from Frankford to Milwaukee Avenue shall be through the sidewalk and/or curb extending streetward to the adjacent curb and/or through the sidewalk. 6.1.3 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from the date of Award of Contract and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 6.1.4 Maintenance Frequency: Maintenance shall be performed, at regularly scheduled intervals, once a month, or on an as needed basis as deemed necessary by the Owner's Representative or Agent(s) at each site. Maintenance activities performed shall include, as necessary, mowing, edging, trimming, complete plant material removal from hard surface areas, litter, and debris removal. 6.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency and height shall be determined by turf growth and shall occur once every twenty-five (25) days evenly spaced between Cycles or as determined by the Owner's Representative or Agent(s). The Owner's Representative or Agent(s) will notify the Contractor as needed to perform mowing services. Maintenance shall include trimming around all objects and elimination of growth on any hard surface including adjacent public roadways. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be determined by site conditions and shall be equipped with all turf tires or industrial tires and approved by the Owner's Representative or Agent. Alternate mowing patterns are required every cycle to avoid turf damage. 6.2.1 TENTATIVE MAINTENANCE FREQUENCIES: January 0 July I February 0 August 1 -= March I September I April I October I May 1 November 0 ° ' June I December 0 Addendum No. 1 iTB 13-10981-Cl INDEX 8 SPECIFICATIONS 6.3 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. Maintenance of drains due to evaporation or receding water shall be the Contractor's responsibility. All surfaces, streets street medians, parking areas and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 6.4 Edging: Sidewalks alongside turf areas shall be edged to a depth of one inch. All edging shall be performed concurrently with mowing at each site. A String trimmer or curb dresser may not be used for this task. Street curb and drainage channel edging shall be performed concurrently once per month, and all debris from this activity shall be removed the same day that the task is performed. Curb dressers, Edgers, or String Trimmers may be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class E, ROW maintenance. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 7 # 35 for details.. 6.5 Litter & Debris: All litter and other types of debris such as motor vehicle parts, rocks, gravel, and dirt, shall be removed by the Contractor. Hard surfaced medians shall be swept and as well as street curb areas. Litter and debris removal shall be performed concurrently with other maintenance operations. 6.6 Disposal: Contractor shall be responsible for the disposal of litter and debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No litter or debris shall be disposed of in residential and/or commercial dumpsters. 7.0 Cemetery Maintenance Standards — Class B parkland maintenance standards apply to the City Cemetery except for the specific standards outlined in this section (Section 7.0). To the extent of any conflict, the provisions of this Section 7 shall control. 7.1 General 7.1.1 Mowing, edging, and trimming of Cemetery property shall be performed during a concurrent three-day time period (or less), unless the Cemetery Supervisor or his Agent approves a schedule change. 7.1.2 Cemetery mowing contract will consist of25 maintenance Cycles. Mowing, edging, and trimming of Cemetery property shall be performed between 8:00 a.m. and 5:00 p.m. weekdays during a concurrent maximum four -day time period. Maintenance will not be performed on City holidays or weekends. Contractor requests for exceptions to this schedule must be made in writing by Contractor and approved by the Owner's Representative or Agent(s). 7.1.3 The areas of the Cemetery property to be serviced includes all rights of way adjoining the site and to the centerline of all alleys adjoining the property and extending a minimum of six (6) inches from the lip of the gutter of all streets with curb and gutter. 7.1.4 Contractor is responsible for safe and careful operation of mowing equipment around headstones, footstones, memorials, monuments, cemetery markers, facilities, funeral set-ups, trees, shrubs, utilities, all public art, and the irrigation system. 7.1.5 Contractor is responsible for preventing clippings from contaminating plant beds or providing an unsightly appearance around the Cemetery Office. 7.1.6 It is the Contractor's responsibility to report any damage to the Owner's Representative or Agent(s) as soon as possible, but not exceeding twenty-four (24) hours from the time the damage occurred. to Addendum No. 1 lTB 13-10981-Cl INDEX 8 SPECIFICATIONS 7.1.7 if damage occurs as a result of Contractor's actions, the Contractor shall be held responsible to repair or replace the damaged property at Contractor's own expense and to the approval of the Owner's Representative or Agent(s). Time required to repair damaged property shall be expedient and to the approval of the Owner's Representative or Agent(s). if the damage is not repaired in the agreed upon time period, the City may after forty-eight (48) hours notice from the Owner's Representative, proceed to repair the damage. The Contractor shall be held financially responsible for the repair work and the cost shall be deducted from the Contractor's payment. 7.1.8 Contractor will designate and make the Owner's Representative or Agent(s) aware of the Contractor's designated representative (crew supervisor). The Contractor's designated representative (crew supervisor) will be on the property during maintenance operations. Owner's Representative or Agent(s) must be able to access and contact the Contractor's designated representative (crew supervisor) during Contractor's maintenance operations. 7.2 Mowing: 7.2.1 Mowing commencement and conclusion shall be at the discretion of the Cemetery Supervisor or his Agent. 7.2.2 Mowing height shall be determined by turf growth, but may be adjusted as necessary at the discretion of the Cemetery Supervisor. Height shall be adjusted for final freeze cut at the discretion of the Cemetery Supervisor or his Agent. 7.23 Clippings shall not be bagged and all hard surfaces shall be cleaned after each Cycle. Mowers shall leave no clumps or windrows of grass. 7.2.4 Mowing equipment shall be reel mowers or turf type full flotation rotary mowers and shall be approved by the Cemetery Supervisor or his Agent. 7.2.5 Turf within a 25 foot perimeter adjacent to the Cemetery Office Building and the entire turf perimeter of the Mausoleum Building must be mowed with a push mower. 7.2.5 Hard surfaces, sidewalks, and areas around the Cemetery Office and the mausoleum shall be cleaned with a broom or leaf -blower after each cycle. 7.3 Edging: 7.3.1 Cremation gargen, Cemetery Office Building, the Mausoleum, sidewalks, and curbed plant material beds shall be edged to a depth of one inch. 7.3.2 All edging shall be performed concurrently with mowing on Cemetery property. 7.3.3 Contractor will use a "stick edger" or similar equipment per the Owner's Representative or Agent(s)' approval. String trimmer or curb dressing may not be used for these tasks. Chemical edging is not permitted. 7.3.4 Street curb edging shall be accomplished concurrently with mowing operations and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may not be used for this task. PAGE INTENTIONALLY LEFT BLANK 7.4.1 All string trimming must be done to achieve a height uniform with the mowing height. 7.4.2 Trimming must be performed around monuments (both flat and upright), plaques, trees, plant buds, buildings, signs, fences, and any other plants or structures. All hard surfaces, sidewalks, streets and parking areas must be kept free of grass, weeds and debris. This task must be completed the same day as the mowing is performed. 7.43 Except as provided herein, Contractor will string trim half of the Cemetery property each Cycle. The opposite half of the property shall be trimmed during the next snowing Cycle. The halfway point of the Cemetery shall be Euonymus Road creating east and west halves. The entire Cemetery property shall be trimmed on the initial Cycle of the spring growing season, as well as the week prior to the following occurrences: Easter Sunday, Memorial Day, Mother's Day, Father's Day, July 0% Labor Day and the final freeze cut of the mowing season. 7.4.4 Contractor will string trim the Cemetery Office and the areas between the office and the bordering monuments each mowing Cycle. Contractor will string trim the entire Cremation Garden area each mowing Cycle. Contractor will string trim the entire Mausoleum area. Contractor will string trim the entire area of Block 47 Baby Land each mowing Cycle. 7.5 Control of Work: 7.5.1 Funeral Services and Funeral Processions: The Contractor shall schedule and perform Work to enhance public use, ensure the safety of visitors to the Cemetery, and to restrict conflict, interference, or inconveniencing funeral services or funeral processions on the Cemetery property. Upon request, the Cemetery will provide the Contractor with the locations and times of pending funeral services 24 hours in advance of their occurrence. 7.5.2 Citizen Contact: The Contractor is granted the privilege of doing Work on Cemetery property, but does not have exclusive use of the property. The Contractor shall take all precautions that his maintenance activities do not disturb funeral services or those visiting the Cemetery. Citizen contact with those involved with funeral services as well as with visitors to the Cemetery requires sensitivity and understanding. Contractor employees and agents should be aware of the location of the Cemetery office, and should politely instruct all citizens to direct inquiries there. Contractor employees should be aware of the Cemetery Office location. 7.5.3 Cemetery maintenance shop has restroom facilities for Contractor's employees' use. Restroo facilities at the Cemetery Business Office will not be used by Contractor's employees. 7.5.4 Contractor's employees will properly dispose of their beverage containers in a trashcan or dumpster. Contractor's employees will not dispose of their beverage containers on the Cemetery property. 7.5.5 Any litter, such as, but not limited to shredded real or artificial flowers, Styrofoam ornaments, or other grave adornments, created by the Contractor in the maintenance of the Cemetery property shall be picked -up and disposed of properly and to the satisfaction of the Owner's Representative or Agent(s). ADDITIVE OPTION Contractor will string trim the entire Cemetery property for each cycle. 12 PAGE INTENTIONALLY LEFT BLANK Addendum No. I ITB 13-10981-Cl [ INDEX 11 CITY OF LUBBOCK PARKS DEPARTMENT PAYMENT REQUEST FOR PARKS TURF MAINTENANCE **********REVISED********** I ., DATE: CONTRACT NUMBER: An Original Invoice must accompany this payment request. r INVOICE NUMBER: COMPANY NAME: r t . COMPANY ADDRESS: Payment for completed Turf Maintenance Cycles for the following Groups. (List each separately): Group Mowinz Cycle # Date Completed t, ' TOTAL COST PERFORMANCE VERIFICATION BY PAYMENT AUTHORIZATION BY CONTRACTOR'S REPRESENTATIVE OWNER'S REPRESENTATIVE Cost PAGE INTENTIONALLY LEFT BLANK CITY OF LUBBOCK INVITATION TO BID FOR s TITLE: PARKS TURF MAINTENANCE ADDRESS: LUBBOCK, TEXAS Y _e t.J ITB NUMBER: 13-14981—C1 V PROJECT NUMBER: 5221.8314 CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT DEPARTMENT PAGE INTENTIONALLY LEFT BLANK City of Lubbock, Texas Purchasing and Contract Management VENDOR'S CHECKLIST *IMPORTANT* Please ensure that you complete and return the fallowing documents and information to the City of Lubbock Purchasing and Contract Management Department before the deadline. Any corrections must be initialed by person making the correction. Late submittals will not be accepted. It is the responsibility ofall vendors to examine the entire bid and seek clad i cation ofany item or re uirement that may not be clear and to check all responses for accuracy before submitting a bid Cl Vendor's Checklist. 0 Bid Submittal — index 4 must be completed in blue or black ink, or by typewriter. Signatures must be original, in blue or black ink, and by hand. Include firms Federal Tax ID number or Social Security number. 0 Bid Form — Index 9 MUST be completed. o Bids should be tabulated, totaled, and checked for accuracy. Unit price will prevail in case of errors. o Alterations or modifications to the bid form will not be accepted. o If the bid form is not clear, contact the Buyer listed immediately. 0 Insurance Requirement Affidavit. 0 Safety Record Questionnaire. 0 Suspension and Debarment Certification, Cf Reference Form, 0 Proposed Equipment Form —Index 10. 0 One (1) ORIGINAL, and Two (2) Copies of the signed bid. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE. 1 SUBMITTED BY: e1kryl-S- - Mi -�q)� -)9D-7 (CONTACT PERSON & PRONE NUMBER) PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR SUBMITTAL. PAGE INTENTIONALLY LEFT BLANK m f 1 ,_ 1. TABLE OF CONTENTS 2. NOTICE TO BIDDERS 3. GENERAL INSTRUCTIONS TO BIDDERS 4. BID SUBMITTAL S. CERTIFICATE OF INSURANCE G. CONTRACT 7. GENERAL CONDITIONS OF THE AGREEMENT S. SPECIFICATIONS 9. BID FORM - UNIT PRICE CONTRACTS 10. PROPOSED EQUIPMENT 11. PAYMENT REQUEST 12. WRITTEN HAZARDOUS COMMUNICATION PROGRAM PAGE INTENTIONALLY LEFT BLANK INDEX 2 NOTICE TO BIDDERS ITB 13-10981-CI Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3.00 p.m., CST on November 13, 2012, or as changed by the issuance of formal addenda to all plan holders, to furnish all labor and materials and perform all Work for the fallowing described project: "PARKS TURF MAINTENANCE" Bids are due at 3:00 pm,, CST on November 13, 2012, and the City of Lubbock City Council will consider the bids on December 17, 2012, at City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. It shall be each bidder's sole responsibility to inspect the site of the Work and to inform himself regarding all local conditions under which the Work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. It shall be each bidder's sole responsibility to inspect the site of the Work and to inform himself regarding all local conditions under which the Work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid meeting on October 30 2012 at 10:00 a.m. CST in the CM Pra ect Room 203 2"a Floor, 152513« Street. Lubbac Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Director of Purchasing and Contract Management of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, VernoWs Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the Contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. CITY OF LUBBOCK MARTA ALVAREZ DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT INDEX 3 GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish the Parks Turf Maintenance per the attached Specifications and contract documents. Sealed bids will be received no later than 3:00 p.m., CST, November 13, 2012 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB 13-10981-CI, PARKS TURF MAINTENANCE" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain that bids are delivered to the Purchasing & Contract Management Department, Mailing; of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents,a pre -bid meeting will be held on October 30 2012 at 10:00 a.m. CST in the CM Proiect Room 203 2'd Floor, 1625 13th Street Lubbock, Texas. All persons attending the conference will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre --bid meeting. 2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre -bid meetings are available to all persons regardless of disability. If you would like information made available in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the conference. _i 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at hU:/Iwww,BidUne.com. ne.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the Specifications or other documents may request an interpretation thereof from. the Purchasing & Contract Management Department. At the request of the bidder, or in the event the Purchasing & Contract Management Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing & Contract Management Department. Such addenda issued by the Purchasing & Contract Management Department will be available over the Internet at http-//www.BidUne.com e.com and will become INDEX 3 GENERAL INSTRUCTIONS TO BIDDERS part of the proposal package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing & Contract Management Department no later than five (5) calendar days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing & Contract Management Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3A The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these Specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies_ or omissions in these plans, Specifications, or contract documents, shall be given to the Director of Purchasing and Contract Management and a clarification obtained before the bids are received, and if no such notice is received by the Director of Purchasing and Contract Management prior to the opening of bids, then it shall be deemed that the bidder fully understands the Work to be included and has provided sufficient sums in its bid to complete the Work in accordance with these plans and Specifications. If bidder does not notify Director of Purchasing and Contract Management before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and Specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 Al! costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or 2 INDEX 3 GENERAL INSTRUCTIONS TO BIDDERS a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, _PERMITS, TAXES The price or prices for the Work: shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST am 11 12 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or Agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. CONTRACT DOCUMENTS 10.1 All Work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for this project and shall be responsible for the satisfactory completion of all Work contemplated by said contract documents. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by �^ the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids, It shall be ntract Management if . the bidders responsibility to advise the Director of Purchasing and Co any language, requirements, etc., or aLly combinations thereof inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and trust be received by the City of Lubbock Purchasing & Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. i. 12.2 . NO BIDDER SHALL. REQUEST ANY INFORMATION VERBALLY:: ALL. REQUESTS FOR. ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO. BID (ITB)` MUST. BE SUBNIITTED. IN WRITING NO LATER THAN FIVE (5). CALENDAR DAYS PRIOR TOTHE BID CLOSING DATE AND ADDRESSED TO INDEX 3 GENERAL INSTRUCTIONS TO BIDDERS Corey Isaacs, Buyer City of Lubbock 1625 13'h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: cisaacs car mylubbock.us BIDSYNC: httpf/:www.bidsync.com 13 TIME AND ORDER FOR COMPLETION 13.1 The Contractor will be permitted to prosecute the Work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the Work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the Work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. i._ 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the project contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the Specifications may fail to be sufficiently complete in some detail will not relieve . - the Contractor of full responsibility for providing materials and workmanship of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The Specifications for i._. materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The Contractor will be furnished one set of Specifications, and related contract documents for his use during the contract period. Specifications for use during the contract period will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and Specifications to subcontractors or others, as required for proper prosecution of the Work contemplated by the Contractor. 19 PROTECTION OF.THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and any and all parts of the Work whether M01 21 22 23 24 INDEX 3 GENERAL INSTRUCTIONS TO BIDDERS the Contractor has been paid, partially paid, or not paid for such Work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all Work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the Work without paying the tax at the time of purchase. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the Work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor information indicating the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the Work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's sole expense. BARRICADES AND SAFETY MEASURES The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the Work as may be necessary, The Contractor will be held responsible for all damage to the Work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available -for communication at all times while the Work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative(s) may be reached during the time that the Work contemplated by this contract is in progress. r J INSURANCE 24.1 The Contractor shall not commence Work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance .... of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering INDEX 3 GENERAL INSTRUCTIONS TO BIDDERS the operation of each subcontractor, A certificate of insurance specifying each and all coverage's shall be submitted before contract execution. 24.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE, THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR 25 LABOR AND WORKING HOURS 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 25.1.1 The project is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 25.1.2 Delays are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 When contract Work requiring an inspector after regular business hours, on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday prior to avowing. The Contractor :must obtain written permission from the Owner's Representative to do such Work. The final decision on whether to allow Work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the Work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence Work, regardless of the day of the week or the time of day, to correct or alleviate such condition, so that it is no longer dangerous to property or life. 26 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 27 PREPARATION FOR BID 27.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the Work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 6 INDEX 3 GENERAL INSTRUCTIONS TO BIDDERS 27.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized Agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized Agent. Powers of attorney authorizing Agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 27.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and on the outside of the envelope in the following manner: pendorsed 27.3.1 Bidder's name 27.3.2 Bid for "ITB 13-10981-CI, Parks Turf Maintenance." 27.4 Bid submittars may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. s 27.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 28 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract: to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Certificate Of Insurance (e) Contract Agreement (f) General Conditions (g) Specifications (h) Turf Maintenance Groups (i) Proposed Equipment For Contract Turf Maintenance 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. (k) Payment Request For Turf Maintenance (1) Written Hazardous Communication Program If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered -- incorporated by reference into the aforementioned contract documents. 29 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, equipment and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in P order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the Work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet Specifications or the bid may be rejected if the evidence submitted by, or. p investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the 7 INDEX 3 GENERAL INSTRUCTIONS TO BIDDERS obligations of the contract and to complete the Work described. therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, equipment and financial resources to perform the Work or provide the service required. (b) The ability of the bidder to perform the Work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors. Before contract award, the recommended Contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his. Work efforts and equipment needs with City of Lubbock Specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform Work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform Work on this project in compliance with City of Lubbock Specifications herein. 30 BID AWARD 30.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole _. discretion. Unless otherwise specified herein, the City may award the bid either item -by -item or on an al I -or -none basis for any item or group of items shown on the Bid Form. 30.2 All bids are evaluated for compliance with Specifications before the bid price is considered. Response to Specifications is primary in determining the best low bid. Failure to comply with the Specifications may result in disqualification of the bid. 30.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 30.4 Before the City may award a bid to a nonresident bidder, the nonresident bidders bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 30.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of Work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 30.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR .... PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. PAGE INTENTIONALLY LEFT BLANK INDEX 4 BID SUBMITTAL DATE: ITB 13-10981-CI, Parks Turf Maintenance Bid of 77t {hereinafter called Bidder) -- To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the Parks Turf Maintenance having carefully examined the plans, Specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended Work, and being familiar with all of the conditions surrounding the turf maintenance mowing Specifications including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies in accordance with the plans, Specifications and contract documents, within the . time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the Work required under the contract documents. Bidder hereby agrees to commence the Work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to complete the mowing Cycles as per the turf maintenance Specifications and other contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 27 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. The undersigned. Bidder hereby declares that he has visited the site of the Work and has carefully examined the plans, Specifications and contract documents pertaining to the Work covered by this bid, and he further agrees to commence Work on or before the date specified in the written Notice to Proceed, and to substantially complete the Work on which he has bid; as provided in the contract documents. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to hire for his inspection in accordance with the Notice to Bidders. l ........ .. ........ .... ....... INDEX 4 BID SUBMITTAL Pursuant to Texas Local Government Lode 252.043(a), a Dale: .- competitive sealed bid that has been opened may not be�"'""" changed for the purpose of correcting an error in the bid price. 131 THEREF'MUST BE MADE ON THE BID SUBMITTALO THE BIb PRICE �"-------� "" - -„. FOIti4I PRIOR, _ ORE, ANY CORRECTIONS _ - TO Bli) OPE:�IIVG. Autborixed Signature w nem Ruy-rl. (Sea,[ if ,3ldtier is a Corioration) ('Printed or Typed Na e) IL C TV y ecretary . A-_� Bidder- acktiawleslg.;� receipt of the following addenda: L i_J City co, Addenda No. Date uaAs nt Addenda No. Bate State Zip Code Addenda No_ Date Telephone: -1 aX - Addenda. No. Date pax: i Federal Tax iD: 4 MlWBE Firm: Woman Blac[t Amcri:an Native Amcrican Hispanic American Asian Pacific American Other {S eci 2 a INDEX 4 BID SUBMITTAL City of Lubbock, Texas Purchasing and Contract Management Insurance Requirement Affidavit To Be Completed by Bidder Must be submitted with Bid 1, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me and my insurance Agent/Broker. if I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. ....... Q uan�' t�cY'Yt Contractor �ngial Signature) Contractor (Pritio CONTRACTOR'S BUSINESS NAME:. tiJ �a r (Print or Type) CONTRACTOR'S FIRM ADDRESS: -Zabb&-k , 7e d!� 17 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor, If you have any questions concerningthese requirements, lease contact the Director q , p of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. BID 13-10981-CI, Parks Turf Maintenance — Annual Pricing 3 INDEX 4 BID SUBMITTAL SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252,0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspensionlreevocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the fallowing three (3) questions and submit them with their bids: QUESTION , ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. 4 INDEX 4 BID SUBMITTAL QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone actin for such firm Y g , corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, dram orders, final orders, and judicial final judgments. YES NO If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: 5....3 Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. j' QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which i resulted in serious bodily injury or death? YES If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: i, Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willfut misrepresentations in this Questionnaire nor have: l withheld information in my �.....; statetneuts and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my fall permission, and that any misrepresentations or omissions may cause my bid to be rejected, t. Signature Title t... INDEX 4 BID SUBMITTAL SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-]02 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of S25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients mast certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of S25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. 1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency, COMPANY Signature of Date Signed: /A / 3. ) L- Printed name of company official signing above: jr 6 INDEX 4 BID SUBMITTAL CITY OF LUBBOCK, TEXAS ITB 13-1098t-CI PARKS TURF MAINTENANCE REFERENCE FORM Please list three (3) references of current customers who can verify the quality of service your company provides. The City prefers customers of similar size and scope of equipment to this ITB. THIS FORM MUST BE RETURNED WITH YOUR. BID. REFERENCE ONE Gover Addre Conta Phone ContrE REFERENCE TWO Contra i E . REFERENCE THREE Goven Contra L. Phone: <� 0 b --76 �' — 23-0 -6 Fax- 0 O,h NJ ca-qo? C/O& PAGE INTENTIONALLY LEFT BLANK AC" fRU� CERTIFICATE OF LIABILITY INSURANCE 11/15/2012 OATEiI�pADE>012 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 ADDMONAL INSURED, the p011cy(tes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsamenL A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement e . PRODUCER Co>emCiil3R03 Ashmore & Associates Insurance Agency, LLC PHONE (806) 771-4368 PAX Esos1»i-a3aa 6102 82nd St Ste6 E Bldg. #6 ACME INSURIERM AFFOROM COVERAGE NAIL II Lubbock TX 79424-0803 MMERA:America First Insurance 2696 INSURED INSURER : Star Landscape, LLC Ifr oURERC: PO Box 64833 Lubbock TX 7946 �wvanrv,taea CERTIFICATENUMBER:12/13 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE: INSUP INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM VADM TYPO OF RISURANCE POMY NLFUWR POUcy EFF POLICY E%Y GENEau. uaBILrTY ITCLAMS-MAOE RCIAL GENERAL UAaq,IrY A ® GCCUR t.0 (13y 55221699 /31/2012 /31/2013 2gE M AGGREGATE LIMIT APPLIES PER. X I PMOGY I I MT I I LOC AUTOMOBILE LIABILITY ANY AUTO AUTO AUTOS ❑ it—�j AEJrGs HlREDAUTOS NON -OWNED AUTOS IIRELLase OccuR PLI(CESwBSCLaIAB WOR►c><Ra cor,IPET�aarloN ANO EIAPLOYERd' I.UU>MLlIY YIN ANY PfIQPRETOf31PARTNEgiEyC "TNE M OPPKT-FILMEIAGER FYCLIIOEO? N: (6ndat" in NH) If wft. rMv 'as '— w DeSCRIPTION OF OPERATIONS i LOCATIOf1S r VEWCL.ES IAUOCJb ACORO 101, Add IMA Remarks SehedW% M nwe spoce it ngrdrnq Project: North Point District Holiday Lighting QQ13-11030-TL Blanket Additional Insured applicable to General Liability, IF required by agreement. Blanket Waiver Of subrogation applicable to General Liability, IF required agreement. CERTIFICATE HOLDER NUMBER: ED NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS D HEREIN IS SUBJECT TO ALL THE TERMS, I. UwTS EAC» OCCURRENCE i 1,000,000 MMME To Perm- PSEAMs - 11000,000 MEDE%P VVq one s 15,000 PEASONALaACFV VMRY S 11000,000 GENE R^L AGGREGATE S 2 , 000 000 PRODUCTS • C01,1P,aPAGG 5 2,000,000 BODILY IWLMiY (Pupmsmi s S 6"LY INsURY IPw nccYAanlj S s EACH OCCURRENCE s S AGGREGATE s riC STATU• TF1- S EL EACH ACCuENT S E L DISEASE - EA EMPLOYE S E L DISEASE • POLICY 0AIT I3 Written contract or by written contract or SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN The City of Lubbock ACCORDANCE WATH THE POLICY PROVISIONS. Purchasing & Contract Management 1625 13th Street, Room 204 ALITHORIM0REPRESENTATEVE Lubbock, TX 79401-3830 7r Beth Aahmore/TRISTA ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION. AU rights reserved. I... r1... nnnnrt .....«.....�� i,-� -._ _,,..er..,� «* Rnnnn 1►s ore A, ssorates INSURANCE AGENCY, LLC Attached is a new certificate of insurance for our client. We have issued our certificate to come as close to your requirements as possible. If copies of the applicable endorsements are not attached they have been ordered from the carrier and will be forwarded upon receipt. Special wording on certificates of insurance have become a concern in our industry and are increasingly more difficult to issue. Part of the problem is the requested wording may not conform with actual policy terms and conditions on the forms the carrier has filed with the State and/or is taking policy language out of context. Insurance companies have restricted agents from putting policy language on certificates of insurance to prevent any misunderstandings. We cannot mark through wording on the accord certificate of insurance as it is a copyrighted document. We can include (or our policy does include) a 30 day notice of cancellation, except 10 days for non-payment. Copy enclosed for your review if applicable. Any description of the insurance coverages are subject to the terms, conditions, exclusions and other provisions of the policies and any applicable regulations, rating rules or plans. In compliance with Texas Law, this Certificate of Insurance neither amends, extends, or alters any term or condition of the coverage afforded by the polices referenced on the form. As stated on the attached certificate `THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVES OR PRODUCERS, AND THE CERTIFICATE HOLDER." 610282 d Street Bldg f#6 Lubbock, TX 79424 806-771-4368 phone 806-771-4382 fax America First Insurance. HMENd liEtrq"ftic q Policyholder Information :lamed Insured & Mailing Address Agent Mailing Address & Phone No. STAR LANDSCAPE, LLC (806) 771-4368 PO BOX 64833 ASHMORE & ASSOCIATES INS AGCY LLC LUBBOCK, TX 79464 1224 N HOBART ST ( PAMPA, TX 79065-4606 liiIIIEIiEIIIIIEIIIIEIIEI I _ Dear Policyholder: We know you work hard to build your business. We work together with your agent. AS101ORE & ASSOCIATES INS AGCY LLC (806) 7714369 to help protect the things you care about. Thank you for selecting us. Enclosed are your insurance documents consisting of: • General Liability To find your specific coverages, limits of liability, and premium, please refer to your Declarations page(s). If you have any questions or changes that may affect your insurance needs, please contact your Agent at (806) 771-4368 Verify that all information is correct If you have any changes, please contact your Agent at (806) 771-4368 Reminders In case of a claim, call your Agent or 1-877-263-7890 You Need To Know CONTINUED ON NEXT PAGE ro report a claim, cal! your Agent or 1-877 263-7890 DS 70 20 0108 You Need To Know - continued NOTICE(5) TO POLICYHOLDI:R(S) The Important Notice(s) to Policyholder() provide a genLral explanation of changes in coverage to your policy. The Important Notice(s) to Policyholder(s) is not a part of your insurance policy and it does not alter policy provisions or conditions. Only the provisions of your policy determine (lie scope of your insurance protection. It is important that you read your policy carefully to determine your rights, duties and what is and is not covered. FORM NUMBER TITLE NP 70 68 02 07 Texas Important Contact Information NP 72 42 Ol 08 Certified Acts of Terrorism Notice NP 73 47 03 04 Premium Determination for Subcontractors NP 74 44 09 06 U.S. Treasury De[jurtment's Office of Foreign Assets Control (OFAC) Advisory Notice to Policyholders NP 74 50 0107 Important Audit Information NP 89 69 It 10 Important Policyholder Information Concerning Billing Practices NP 91 50 04 12 Texas Disclosure Form Exclusion - Asbestos Liability NP 915104 12 Texas Disclosure Form Exclusion - Lead Liability . This policy will be direct billed. You may choose to combine any number of policies on one bill with your billing account. Please contact your agent for more information. Coverage IS Provided In. America Furst The Ohio Casualty insurance Company 0 Insurance. Policy Change Endorsement Policy Number: OLD 113) 55 2216 99 Policy Period: From 00/3112012 To 88/31/2013 Endorsement Period: From 10/03/2012 to 08/31/2013 12:01 am Standard Time at Insured Mailing Location Named Insured & Mailing Address Agent Mailing Address & Phone Me. STAR: LANDSCAPBf LLC�4 (806) 771-4368 PO BOX 64833 ASHMORE & ASSOCIATES INS AGCY LLC LUBBOCK, TX 79464 6102 82ND ST STE 6 LUBBOCK, TX 79424-0803 CHANGES TO POLICY - TRANSACTION d 2 This Policy Change Endorsement Results In A Change In The Charges As Follows. Additional Premium Total Additional Charges Certified Acts of Terrorism Coverage Description of Change(s) Limits/Exposures Increasing GL limits from $500,000. per occurrence / $1,000,000. per aggregate to reflect $1,000,000. per occurrence / $2,000,000. per aggregate. See The Revised Declarations and Declarations Schedule $70.00 $70 00 $f f.00 (Included) Note: This is not a bell Servicing Office AMERICA FIRST -NORTHERN TEXAS and Issue Date 10/17/12 Authorized Representative To report a claim, call yoalAgent or 1-877.263 7890 DS 70 27 01 lilt 10/1M2 55221699 AFI-TX•C 300 ACAFPPNO ENSURED COPY 000016 PAGE 5 OF W coverage Is Provided In: America First The Ohio Casualty Insurance Company Insurance. n.,a. d ia..irwwrcry Policy Change Endorsement Named Insured Agent Policy dumber: 6LO (13) 55 2216 99 Policy Period: From 08/31/2012 To 08/3.1/2013 Endorsement Period: From 10/03/2012 to 08/3112013 12.-Ol am Standard Time at Insured Mailing Location STAR LANDSCAPE, LLC (806) 771-4368 ASHMORE & ASSOCIATES INS AGCY LLC POLICY FORMS AND ENDORSEMENTS This section lists the Dorms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER T1nE CC 00 01 12 07 Commercial General Liability Coverage Form - Occurrence CG 00 68 05 09 Recording and Distribution of Material or Information in Violation of Law Exclusion CC 0103 06 06 Texas Changes *CG 0156 10 Ol Texas Changes - Pesticide or Herbicide Applicator Coverage CC 03 00 O1 96 Deductible Liability Insurance CG 2147 12 07 Employment -Related Practices Exclusions CG 2167 12 04 Fungi or Bacteria Exclusion CG 21 70 Of 08 Cap on Losses From Certified Acts of Terrorism CG 2176 0108 Exclusion of Punitive Damages Related to a Certified Act of Terrorism C© 21 86 12 04 ,Exclusion - Exterior Insulation and Finish Systems CG 2196 03 05 Silica or Silica -Related Dust Exclusion CG 22 79 07 98 Exclusion - Contractors - Professional Liability *CG 22 92 12 07 Snow Plow Operations Coverage CG 26 39 12 07 Texas Changes - Employment -related Practices Exclusion CG 33 90 05 12 Texas Changes - Amendment Of Insured Contract Definition CG 84 94 12 08 Exclusion - Consolidated Insurance Programs Wrap -Up CG 84 99 01 12 Non -Cumulation Of Liability Limits Same Occurrence CG 85 87 03 08 Texas Changes - Employer's Liability Exclusion CG 88 77 12 08 Medical Expense At Your Request Endorsement CC 88 86 12 08 Exclusion - Asbestos Liability CG 88 87 12 08 Exclusion - Lead Liability CG 89 94 04 12 Texas Changes - Total Pollution Exclusion With Hostile Fire Exception CG 90 25 05 12 Texas Commercial General Liability Extension IL 00 17 It 98 Common Policy Conditions IL 00 2109 08 Nuclear Energy Liability Exclusion Endorsement (Broad Farm) IL 01 68 09 OS Texas Changes - Duties Servicing Office AMERICA FIRST -NORTHERN TEXAS and Issue Date 10/17/12 Authorized Representative To report a claim, call your Agent or 1.871-263.7896 DS 70 27 0108 ttl/17/12 55221699 AFl-TX-G 300 ACAFPPNO INSURED COPY 000016 PAGE 6 OF 14 Coverage Is Provided In. America First The Ohio Casualty Insurance Company Insurances al.mnq d tb.ry� MrWwMLrap Policy Change Endorsement Policy Number: BLO 113) 55 2210 99 Policy Period: From 00/31/2012 To 08/31/2013 Endorsement Period: From 10/03/2012 to 08/31/2013 12:01 aryl Standard Time at Insured Mailing Location Yarned Insured Agent STAR LANDSCAPE, LLC (806) 771-4368 ASHMORE Sr" ASSOCIATES INS AGCY LLC POLICY FORMS AND ENDORSEMENTS - CONTINUED This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TinE IL 02 75 09 07 Texas Changes - Cancellation And Nonrenewal Provisions For Casualty Lines And Commercial Package Policies Servicing Office AMERICA FIRST -NORTHERN TEXAS and Issue date 10/17/12 Authorized Representative To report a claim, call your Agent er 1-877 263 7890 DS 70 27 01 08 10/17/12 55221699 AFI-TX•G 300 ACAFPPNO INSURE© COPY 000016 PAGE 7 OF 14 This page intentionally left blank. 1O/V/12 Coverage Is Provided In., Policy Number: America First The Ohio Casualty Insurance Company 1310 (13) 55 2216 99 Insurance. Policy Period: ".'"""°"�•.','�""�°'• fromO$i31{20i2 To 08i31i2Q13 Commercial General Liability from am Standard Time Declarations-HeviSed at Insured Mailing Location Basis: Occurrence Named Insured Agent STAR LANDSCAPE, LLC SUMMARY OF I.(MITS AND CHARGES (806) 771-4368 ASHMORE & ASSOCIATES IRIS AGCY LLC Commercial DESCRIPTION LIMIT General Each Occurrence Limit 1, 060, 000 Liability Damage To Premises Rented To You Limit (Any One Premises) 1,000,000 Limits of Insurance Medical Expense Limit (Any One Person) 15,000 Personal and Advertising Injury Limit 1,000,000 General Aggregate Limit (Other than Products - Completed Operations) 2,000,000 Products - Completed Operations Aggregate Limit 2,000,000 Explanation of DESCRIPTION PREMIUM Charges General Liability Schedule Totals 1,142.00 Certified Acts of Terrorism Coverage 11.00 Total Advance Charges; $1,153.00 Note. This is not a hilt To report a claim, call your Agent or 1.877-263-7890 55221699 AFI-TX-G Soo ACA€PPNO INSURED COPY 000016 PAGE 9 OF 14 ................. Coverage is Provided la. Policy Number: America First The Ohio Casualty Insurance Company OLD 113) 55 2216 99 Insurances Policy Period: »Ma..dia«gnnwcay From U8f3112g12 To 08i31/2013 Commercial General Liability 12.01 am Standard Time Declarations Schedule -Revised at Insured Mailing location Named Insured Agent STAR LANDSCAPE, LLC (806) 771-4368 ASHMORE & ASSOCIATES INS AGCY LLC SUMMARY OF CLASSIFICATIONS - BY LOCATION 0091 1806 FM 2378, Lubbock, TX 79407--7907 Insured: STAR LANDSCAPE, LLC CLASSIFICATION - 97047 Landscape Gardening Products -Completed Operations Are Subject To The General Aggregate Limit. Members of LLC RATED 1 PER COVERAGE DESCRIPTION PREMIUM BASED ON - or LLP Payroll 1,000 PREMIUM Premise/Operations 31,900 Dollars Of Payroll 12.403 $396.00 Total. Included CLASSIFICATION - 97047 Landscape Gardening Products -Completed Operations Are Subject To The General Aggregate Limit. RATED / PER COVERAGE DESCRIPTION PREMIUM BASED ON - Employees Payroll 1,000 PREMIUM Premise/Operations 60,125 Dollars Of Payroll 12.403 $746.00 Total. Included To report a claim, call your Agent or 1-877.263-7890 td/17i12 55221699 AFI-TX-G 300 ACAFPPNO [NSUREDCOPY 000016 PAGE 10 1F 14 Coverage Is Provided In: Policy plumber: America First The Ohio Casualty Insurance Company BLO (13) 55 2216 99 Insurance. Policy Period: From 08/31/2012 To {I8131j2O13 Commercial General Liability 12:01 am Standard Time Declarations Schedule -Revised at Insured Mailing Location Tamed Insured agent STAR LANDSCAPE, LLC (806) 771-4368 ASHMORE & ASSOCIATES INS AGCY LLC SUMMARY OF CLASSIFICATIONS - BY LOCATION - continued CLASSIFICATION - 91581 Contractors - Subcontracted Work - In Connection With Construction, Reconstruction, Erection or Repair - Not Buildings COVERAGE DESCRIPTION Premise/Operations RATED / PER PREMIUM BASE© ON - 1,II00 Dollars Of Total Cost - if any 2.530 Total. Products/Completed Operations Total: CLASSIFICATION - 91585 Contractors - Subcontracted Work - In Connection With Construction, Reconstruction, Repair or Erection Of Buildings NOC ro report a elalm, call your Agent or t-877-263-7899 5.281 PREMIUM 10/17/12 55221699 AFI-IX-G 300 ACAFPPNO INSURED COPY 000016 PAGE 111 OF 14 VpCoverage Is Provided In. Policy Number: .America First The Ohio Casualty Insurance Company BLO (13) 55 2216 Q9 Insurance. Policy Period: From 1>8i3#120#2 To 0813112013 Commercial General liability 12;01 am Standard Time Declarations Schedule -Revised at insured Mailing Location Named Insured Agent STAB LANDSCAPE, LLC (806) 771-4368 ASHMORE & ASSOCIATES INS AGCY LLC SUMMARY OF CLASSIFICATIONS - BY LOCATION - continued RATED / PER COVERASE DESCRIPTION PREMIUM BASER ON - 11O00 PREMIUM Premise/Operations Dollars Of Total Cost - if any 2.530 Total. Products/Completed Operations 2.498 Total. Commercial General Liability Schedule Total $1,142.00 To report a claim, callyour Agent or 1-877-263-7899 t0117A2 55221699 AFI-IX-G 300 ACAFPPNO INSURED COPY 0000016 PAGE 12 OF 14 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 01 56 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - PESTICIDE OR HERBICIDE APPLICATOR COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Operations: Operations Described in the classification code(s) listed below and shown on the schedule(s) 97047 Landscape Gardening 91581 Contractors-Subcontr Work-Construction/Repai 91585 Contractors-Subcontr Work-Construction/Repai Limit Of Liability for "property damage" - $5,000 per "occurrence" unless otherwise indicated below: per "occurrence". (if no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) With respect to the operations described in the Schedule: A. Paragraph (1)(d) of Exclusion f. of Section I - Coverage A - Bodily Injury And Property Damage Liability does not apply if the insured is property licensed to conduct the operations. B. Paragraphs (4) and (5) of Exclusion J. of Section I - Coverage A - Bodily Injury And Property Damage Liability do not apply to "property damage" occurring as a result of such operations performed at premises under your care, custody or control. C. The following is added to Paragraph 5. of Section III - Limits Of Insurance: Subject to the Each Occurrence Limit, the most we will pay for "property damage" to property covered in Paragraph B. of this endorsement is $5,000 per "occurrence" unless otherwise indicated in the Schedule. CG 01 5610 01 Q ISO Properties, Inc., 2000 Page 1 of 1 ............................................. . ......................................................... COMMERCIAL GENERAL LIABILITY CG 22 9212 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SNOW PLOW OPERATIONS COVERAGE This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART Within the "products -completed operations haz- ard", Exclusion U. under Section I - Coverage A - Bodily Injury And Property Damage Liability does not apply to any "auto" used for snow plow oper- ations. CG 22 9212 07 m ISO Properties, Inc., 2006 Page 1 of 1 09/12/12 STAR LANDSCAPE, LLC BLO (13) 55 22 16 99 PO BOX 61+833 From 08/31/2012 To 08/31/2013 LUBBOCK, TX 79464 (806) 771 -4368 ASHMORE & ASSOCIATES INS AGCY LLC 1224 N HOBART ST PAMPA, TX 79065-4606 TERRORISM INSURANCE PREMIUM NOTIC This notice contains Important information about the Terrorism Risk Insurance Act and its effect an your policy. Please read It carefully. THE TERRORISM RISK INSURANCE ACT The Terrorism Risk Insurance Act, including all amendments ("TRIA" or the "Act"), establishes a program to spread the risk of catastrophic losses from certain acts of terrorism between Insurers and the federal government. if an individual insurer's losses from a "certified act of terrorism" exceed a specified deduct- ible amount, the government will reimburse the Insurer for 85°% of losses paid in excess of the deductible, but only if aggregate Industry losses from such an act exceed $100 million. An insurer that has met its insurer deductible Is not liable for any portion of losses in excess of $100 billion per year. Similarly, the federal government Is not liable for any losses covered by the Act that exceed this amount. If aggregate Insured losses exceed $100 billion, losses up to that amount may be pro -rated, as determined by the Secretary of the Treasury. MANDATORY OFFER OF COVERAGE FOR "CERTIFIED ACT OF TERRORISM- AND DISCLOSUREOF PRE- MIUM TRIA requires insurers to make coverage available for any loss that occurs within the United States (or outside of the U.S. in the case of U.S. missions and certain air carriers and vessels), results from a "certified act of terrorism" AND that Is otherwise covered under your policy. A "certified act of terrorism" means - Any act that is certified by the Secretary of the Treasury, In concurrence with the Secretary of State, and the Attorney General of the United States (i) to be an act of terrorism; (li) to be a violent act or an act that is dangerous to - (1) human life; (11) property; or (Ill) Infrastructure; (III) to have resulted In damage within the United States, or outside of the United States in the case of - (1) an air carrier (as defined in section 40102 of title 49, United States Code) or United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States); or (11) the premises of a United States mission; and (iv) to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion, NP 72 42 0108 Page I of 2 REJECTING TERRORISM INSURANCE COVERAGE - WHAT YOU MUST 00 We have included in your policy coverage for losses resulting from "certified acts of terrorism" as defined above. THE PREMIUM CHARGE FOR THIS COVERAGE APPEARS ON THE DECLARATIONS PAGE OF THE POLICY AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOV- ERNMENT UNDER THE ACT. IF YOU CHOOSE TO REJECT THIS COVERAGE, PLEASE CHECK THE BOX BELOW, SIGN THE ACKNOWL- EDGMENT, AND RETURN THIS FORM TO THE ADDRESS BELOW: Please ensur%--anv. rejection is receive within thirty 30 days of the effective date of our policy. Before making a decision to reject terrorism insurance, refer to the Disclaimer for Standard Fire Policy States located at the end of this Notice. ❑ I hereby reject this offer of coverage. 1 understand that by rejecting this offer, I will have no coverage for losses arising from a "certified acts of terrorism" and my policy will be endorsed accordingly. Policyholder/Applicant's Signature Named Insured STAR LANDSCAPE, LLC Policy Effective/Expiration Date From 08/31/2012 To 08/31/2013 Print Name Date Signed Policy Number SL0 (13) 55 22 16 99 IF YOU REJECTED THIS COVERAGE, PLEASE RETURN THIS FORM TO: Attn: Commercial Lines Division - Terrorism P.O. Box 188060 Fairfield, OH 46018 Note: Certain states (currently CA, GA, IA, IL, ME; MO, NY, NC, NJ, OR, RI, WA, WI and WV) mandate coverage for loss caused by fire following a "certified act of terrorism" in certain types of insurance policies. If you reject TRIA coverage in these states on those policies, you will not be charged any additional premium for that state mandated coverage. The summary of the Act and the coverage under your policy contained in this notice is necessarily general in nature. Your policy contains specific terms, definitions, exclusions and conditions. In case of any conflict, your policy language will control the resolution of all coverage questions. Please read your policy carefully. If you have any questions regarding this notice, please contact your agent. NP 72 42 0108 Page 2 of 2 NP 73 47 03 04 Important Notice Notice to Policyholders This explanation is not a part of your insurance policy, and it does not alter any of its provisions or conditions. Please refer any questions you may have to your insurance agent. As an artisan or construction related insured, a portion of your construction operations may be performed by subcontractors. In order to minimize your loss exposure and reduce your premium charge for subcontracted work, your subcontractors must carry adequate insurance. Please read the following carefully to understand: 11. What is an "Adequately Insured Subcontractor"? "A subcontractor that has a valid certificate of insurance showing proof of Commercial General Liabil- ity coverage, or its equivalency, with the Named Insured shown as a Certificate Holder and at least $300,000 (Occurrence) limits for the period of time work was performed." 2. How do we determine your premium for an "Adequately Insured Subcontractor"? If you are covered by our Artisan Contractors Program, there is no charge for "Adequately Insured Subcontractors" regarding your Commercial General Liability coverage. If you are covered by our non -artisan construction related products, we will use the total cost of the subcontracted work to determine your premium regarding your Commercial General Liability cov- erage. The resulting premium charge to you will normally be much less than if the subcontractor is uninsured or carries an Inadequately limit of insurance. In order to meet the requirement of having an "Adequately Insured Subcontractor", you must present satisfactory evidence of subcontractor's insurance by providing us with a valid Certificates of Insur- ance from your subcontractor, at the time of audit. The certificate must show proof of Commercial General Liability coverage with you as the Certificate Holder and at least $300,000 (Occurrence) limit for the period of time that the subcontractor performed work for you. If you do not have satisfactory evidence of subcontractors insurance at the time of audit, your sub- contractors will be deemed inadequately insured. 3. How do we determine your premium for an inadequately insured subcontractor? If you cannot provide satisfactory evidence of the subcontractor's insurance at the time of audit, such as not being able to provide a Certificate of Insurance or the Certificate of Insurance has limits less than $300,000 (Occurrence), we will determine the premium for the inadequately insured subcontrac- tor as follows: • The subcontractor will be classed according to type of construction operation performed and charged the same as an employee. At the time of audit, we will request that you provide us with the subcontractor's payroll amount and a description of work performed for you. If we can not determine the subcontractor's payroll, your premium charge for the Inadequately insured subcontractor will be based on the following: • If the insured's records do not disclose a breakdown between material and labor costs, but the total subcontract costs did Include materials, use a minimum of 50% of the total cost as the premium basis. • If the subcontractor work was for labor only, use 90% of the total subcontract cost as the rating basis. 4. What records and documentation are you required to maintain? Please be sure that you keep clear and accurate records with a breakdown of payrolls and Subcontrac- tor costs by type of work performed. In addition, be sure to obtain and save satisfactory evidence of subcontractor's Insurance, such as Certificates of Insurance regarding all of your subcontractors. On the reverse side of the "Important Notice to Policyholders" we have included a helpful Subcontrac- tor Worksheet, WS 70 03 06 00, that may assist you to establishing an organized method of monitoring your subcontractor's work and their Certificates of Insurance. NP 73 47 03 04 Page 1 of t § & « � 1. CcL) z .e2�■�(�> » k % R 2 to U £ § o 0 2 CL % & @ e kOZ 2 k o > � k � 0 � S0r �/�k o /Le am 2 �§ c o 7 JS Lo �g k 4■ w . 2 0 % ƒ ) CD{ _ LU § R 20 m 7 O 3 0 LL. c r.k � E E \ k J� 37 2 & 3 \ k Co M � MY NP 74 44 09 06 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of Your policy, You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides Information concerning possible Impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully, Please refer any questions you may have to your insurance agent. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presiden- tial declarations of "national emergency". OFAC has Identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site - http//www.treas.gov/ofac, In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. 10 2011 Liberty Mutual Agency corporation. All rights reserved. NP 74 44 09 9$ Includes copyrighted material of Insurance Services Office, Inc„ with its permission. Page 1 of 'I .............................. . . NP 74 50 01 07 Important Notice Notice to Policyholders This explanation is not a part of your insurance policy, and it does not alter any of its provisions or conditions. Please refer any questions you may have to your insurance agent. We would like to thank you for being a policyholder. We appreciate your business. If your policy contains a condition stating It Is subject to a premium audit we would like to take this opportunity to explain how the audit process works and answer the most common questions we receive from our policyholders. The information in this notice will make it easier for you to prepare for your audit. Insurance premium Audit Facts Audits can benefit our policyholders by allowing us to collect the appropriate amount of premium for each policy. Most commercial policies are written based on estimated or fluctuating exposure bases. At the end of the policy term an audit will determine the actual exposure bases and the premium will be adjusted accord- ingly. A company representative will conduct the audit. The premium auditor will examine and audit records that relate to your policy. The records necessary to complete the audit will vary, based on the coverages you have. Types of records that may be requested for your audit include, but are not limited to: ♦ Payroll Records, Including 941 forms • Sales Journals or income statements • General Ledger • Cash Disbursements Journal • Subcontractor Certificates Keeping accurate and complete records will allow the auditor to properly classify and allocate your expo- sures correctly. Often there are allowable credits available according to insurance manual classification and rating rules. The premium auditor will be able to give you the credits, to which you are entitled, if your records provide the necessary details. Providing the records your auditor needs can save you time and money as well as expedite the audit process. How Audits are Conducted Audits are handled in different ways, depending on the types of coverages you may have. We conduct audits in the following ways: Physical Audit - An auditor will contact you and set up a convenient time to personally come to your business and review your records. Phone Audit -Forms will be mailed to you, explaining what is necessary to complete a phone audit. The phone auditor will contact you or your bookkeeper for this information. Voluntary Audit - Forms will be mailed to you for completion. We will provide you with contact information if you need assistance in completing the forms. NP745b0107 Completing the audit Many states have enacted legislation that governs the time in which an audit must be completed, billed and paid. This applies to audits for cancelled policies as well as regular audits. In order to comply with state regulations, it is important to make your records available for audit when our representative contacts you. We will make every effort to complete the audit within a reasonable time after the close of the policy period stated in your policy. Frequently Asked Questions Q: What if I use subcontractors? A: Subcontractors are factored in to the audit process. Subcontractors who do not have insurance are treated as though they are your employees at the time of the audit. If your subcontractor furnishes you with a certificate of liability or workers' compensation Insurance, your insurance cost for that subcontractor could be less. See your policy for details on limits of insurance required for certificates. 0:1 have no employees and work alone. Does the insurance company still need to complete an audit? A: Yes. The auditor will need to verify you worked alone by examining business records that may include tax filings, disbursements, and check stubs. Q: Do i need an audit if I have cancelled my policy or am no longer insured with you? A: An audit may still be necessary even if you no longer have an active policy with us. The audit would cover the time period for which you, were, insured by us. Other factors that may determine if an audit is necessary Include the time the policy.was.ip effect and the amount of premium involved. Q: if I use leased employees but the leasing company carries the liability, are the leased employees excluded from my General Liability policy? A: No. The manual rules stipulate that all teased employees are covered on the insured's policy. Q: Is it necessary to keep records on any casual labor I use? A: Yes. Casual labor payroll is examined during the audit. Q: What happens if I do not comply with the audit and fail to provide all necessary records and verifica- tion? A: It's important to provide the necessary information in order to complete the audit. If you fail to do so, your policy may be cancelled or nonrenewed, You may also receive an estimated audit statement based on increased policy exposure estimates due to non- compliance of audit. If you would like additional information about the policy audit process, your independent agent can assist you. The Premium Audit Department Is also available to answer any questions you may have regarding this process. Please contact us at 1-800-435-1537 or via E-mail at premium.audit@ocas.com NP74500107 NP 89 69 11 10 IMPORTANT POLICYHOLDER INFORMATION CONCERNING BILLING PRACTICES Dear Valued Policyholder: This insert provides you with important information about our policy billing practices that may affect you. Please review it carefully and contact your agent if you have any questions. Premium Notice: We will mail you a policy Premium Notice separately. The Premium Notice will provide you with specifics regarding your agent, the account and policy billed, the billing company, payment plan, policy number, transaction dates, description of transactions, charges/credits, policy amount balance, mini- mum amount, and payment due date. This Insert explains fees that may apply to and be shown on your Premium Notice. Available Premium Payment plans: • Annual Payment Plan: When this plan applies, you have elected to pay the entire premium amount balance shown on your Premium Notice in full. No installment billing fee applies when the Annual Payment Plan applies. • Installment Payment Plan, When this plan applies, you have elected to pay your policy premium in installments (e.g.: quarterly or monthly installments - Installment Payment Plans vary by state). As noted below, an installment fee may apply when the Installment Payment Plan applies. The Premium Payment Plan that applies to your policy Is shown on the top of your Premium Notice. Please contact your agent if you want to change your Payment Plan election. Installment Payment Plan Fee: If you elected to pay your premiums in installments using the Installment Premium Payment Plan, an installment billing fee applies to each installment bill. The Installment billing charge will not apply, however, if you pay the entire balance due when you receive the bill for the first installment. Because the amount of the Installment charge varies from state to state, please consult your Premium Notice for the actual fee that applies. Dishonored Payment Fee: Your financial institution may refuse to honor the premium payment withdrawal request you submit to us due to Insufficient funds In your account or for some other reason. If that is the case, and your premium payment withdrawal request Is returned to us dishonored, a payment return fee will apply. Because the amount of the return fee varies from state to state, please consult your Premium Notice for the actual fee that applies. Late Payment Fee: If we do not receive the minimum amount due on or before the date or time the payment Is due, as indicated on your Premium Notice, you will receive a policy cancellation notice effective at a future date that will also reflect a late payment fee charge. Issuance of the cancellation notice due to non-payment of a scheduled installment(s) may result in the billing and collection of all or part of any outstanding premiums due for the policy period. late Payment Fees vary from state to state and are not applicable in some states. Special Note: Please note that some states do not permit the charging of certain fees. Therefore, If your state does not allow the charging of an Installment Payment Plan, Dishonored Payment or Late Payment Fee, the disallowed fee will not be charged and will not be Included on your Premium Notice. EFT -Automatic Withdrawals Payment Option: When you select this option, you will not be sent Premium Notices and, in most cases, will not be charged installment fees. For more information on our EFT -Auto- matic Withdrawals payment option, refer to the attached policyholder plan notice and enrollment sheet. Once again, please contact your agent if you have any questions about the above billing practice Informa- tion. Thank you for selecting us to service your Insurance needs. NP 89 6911 10 O 2014 Liberty Mutual Insurance Company. All rights reserved. Page 1 of 1 NP 91 50 04 12 TEXAS DISCLOSURE FORM EXCLUSION - ASBESTOS LIABILITY This Disclosure Notice is not your policy. READ YOUR POLICY CAREFULLY to determine rights, duties and what is and Is not covered. Only the provisions of your policy determine the extent of your insurance protection. This policy contains an exclusion of coverage for claims arising out of asbestos. With this endorsement, coverage is excluded for; I. "Bodily injury", "property damage" or "personal and advertising injury" arising, in whole or in Part, either directly or indirectly out of the manufacture, storage, processing, mining, use, sale, installation, removal, disposal, distribution, handling, inhalation, ingestion, absorption, or exis- tence of, exposure to or contact with asbestos, asbestos contained in goods, products or materials, asbestos fibers or asbestos dust. 2. Any loss, cost or expense arising out of any: a. Request, demand, order, or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of asbestos, asbestos contained in goods, products or materials, asbestos fibers or asbestos dust; or b. Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of asbestos, asbestos contained in goods, products or materials, asbestos fibers or asbestos dust. Please read this exclusion carefully. NP 9150 0412 0 2012 Liberty Mutual Agency Corporation. All rights reserved. page 1 of 1 NP 91 51 04 12 TEXAS DISCLOSURE FORM EXCLUSION - LEAD LIABILITY This disclosure Notice is not your policy. READ YOUR POLICY CAREFULLY to determine rights, duties and what is and is not covered. Only the provisions of your policy determine the extent of your insurance protection. This policy contains an exclusion of coverage for claims arising out of lead. With this endorsement, coverage is excluded for: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising, in whole or in part, either directly or indirectly out of the mining, processing, manufacture, storage, distribution, sale, installation, removal, disposal, handling, inhalation, Ingestion, absorption, use or existence of, exposure to, or contact with lead or lead contained in goods, products or materials. 2. Any loss, cost or expense arising out of any; a. Bequest, demand, order, or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of lead or lead contained in goods, products or materialst; or b. Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead or lead contained in goods, products or materials. Please read this exclusion carefully. NP 91 51 04 12 0 2012 Liberty Mutual Agency Corporation. All rights reserved. Page 1 of 1 Coverage Is Provider! In; America First The Ohio Casual Insurance Company Policy Number: Insurance. ry P Y BLO (13) 55 22 16 99 X-4-be a,�, ,Ly policy Period: Common Policy Declarations From 08/31/2012 To 08131/2013 12.-01 am Standard Time at Insured Mailing Location Named Insured $ Mailing Address Agent Mailing Addmss & phone No. STAR LANDSCAPE, LLC (806) 771-4368 PO BOX 64833 ASHMORE & ASSOCIATES INS AGCY LLC LUBBOCK, TX 79464 1224 N HOBART ST PAMPA, TX 79065-4606 Named Insured Is: LIMITED LIABILITY COMPANY Named Insured Business Is: LANDSCAPING In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy, SUMMARY OF COVERAGE PARTS AND CHARGES This policy consists of this Common Policy Declarations page, Common Policy Conditions, Coverage Parts (which consist of coverage forms and other applicable forms and endorsements, if any, issued to form a part of them) and any other farms and endorsements issued to be part of this policy. COVERAGE PART CHARGES Commercial General Liability $1 , 076.00 Total Charges for all of the above coverage parts: $l 07d.00 Cerrafied Acts of Terrorism Coverage. $11.00 (Included) Note. This is not a hill IMPORTANT MESSAGES • This policy is auditable. Please refer to the conditions of the policy for details or contact your agent. • Notice: The Employment -Related Practices Exclusion CO 2147 is added to this policy to clarify there is no coverage for liability arising out of employment -related practices. Please read this endorsement carefully. Servicing Office AMERICA FIRST -NORTHERN TEXAS and Issue Date 09112/12 Authorized Representative Tit report a claim, call your Agent or 1-877-263.7890 DS 70 2101 08 09/f2/12 5522t699 11011078119 300 ACAFPPNO INSURED COPY 000081 PACE 19 OF 78 .. .......... .. ..... ........ ........ . ...... .. Coverage is Provided In: Poiicy Number: America First The Ohio Casualty Insurance Company BLO 113) 55 2216 99 Insurance. The Period: From 08/31j2012 To 08/31/2013 Common Policy Declarations 12.*01 am Standard Time at Insured Mailing Location Named Insured Agent STAR LANDSCAPE, LLC POLICY FORMS AND ENDORSEMENTS (806) 771-4368 ASHMORE & ASSOCIATES INS AGCY LLC This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CG 00 01 12 07 Commercial General Liability Coverage Form - Occurrence CO 00 68 05 09 Recording and Distribution of Material or Information in Violation of Law Exclusion Co 0103 06 06 Texas Changes CG 0156 to OI Texas Changes - Pesticide or Herbicide Applicator Coverage CG 03 00 01 96 Deductible Liability Insurance CO 21 47 12 07 Employment-Rclated Practices Exclusion CO 21 67 12 04 Fungi or Bacteria Exclusion CG 21 70 01 08 Cap on Losses From Certified Acts of Terrorism CG 21 76 0108 Exclusion of Punitive Damages Related to a Certified Act of Terrorism CG 21 86 12 04 Exclusion - Exterior Insulation and Finish Systems CO 2196 03 05 Silica or Silica -Related Dust Exclusion CO 22 79 07 98 Exclusion - Contractors - Professional Liability CG 26 39 12 07 Texas Changes - Employment -related Practices Exclusion CG 33 90 05 1.2 Texas Changes - Amendment Of Insured Contract Definition CG 84 94 12 08 Exclusion - Consolidated Insurance Programs Wrap-up CC 84 99 01 12 Non -Cumulation Of Liability Limits Same Occurrence CO 85 87 03 08 Texas Changes - Employer's Liability Exclusion CO 88 77 12 Oa Medical Expense At Your Request Endorsement CG 88 86 12 08 Exclusion - Asbestos Liability CG 88 87 12 08 Exclusion - Lead Liability CG 89 94 04 12 Texas Changes - Total Pollution Exclusion With Hostile Fire Exception CC 90 25 05 12 Texas Commercial General Liability Extension In witness whereof, we have caused this policy to be signed by our authorized officers. Dexter Legg Paul Condrin Secretary President To report a claim, calf your Agent or 1-877-283.7890 DS7©210108 09/12/12 55221699 Noio7819 300 ACAFPPNO INSURED COPY 000081 PAGE 20 OF 78 EM coverage is Pro Vided in. Po1icy N America First The Ohio Casualty Insurance Company K 11h 3)55 2216 99 1(ft Insurance. oPolicy Period: FrOm 08/31/2012 To 08/31/2013 Common Policy Declarations 12-01 am standard Time Named Insured Agent; at Insured Mailing Location STAR LANDSCAPE, LLC (806) 77t-4368 ASHMORE & ASSOCIATES INS AGCY LLC POLICY FORMS AND ENDORSEMENTS - CONTINUED This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE IL 00 17 It 98 Common Policy Conditions IL 00 21 09 08 Nuclear Energy Liability Exclusion Endorsement (Broad Form) IL 0168 09 08 Texas Changes - Duties IL 02 75 09 07 Texas Changes - Cancellation And Nonrenewal Provisions For Casualty Lines And Commercial Package Policies TQ report a claim, call your Agent or 1-877 263.78911 DS 70 210108 09/12/12 55221699 N0107819 300 ACAFPPNO INSURED COPY 000081 PAGE 21 OF 78 This page inlenlionally left blank. 10 Insurance. America First tf-4 dlawljm+.Wc-* Coverage 13 Provided 1n: The Ohio Casualty Insurance Company Commercial General Liability Declarations Basis: Occurrence Named Insured Agent ST AR LANDSCAPE, LLC Policy Number: 81.0 113) 55 2216 99 Policy Period: From 08/31/2012 To 08/31f2013 12:01 am Standard >rme at Insured Mailing Location (806) 771-4368 ASHMORE & ASSOCIATES INS AGCY LLC SUMMARY OF LIMITS AND CHARGES Commercial DESCRIPTION General Each Occurrence Limit LIMIT Liability 500, 000 Limits of Damage To Premises Rented To You Limit (Any One Premises) 500,000 Insurance Medical Expense Limit (Any One Person) 15,000 Personal and Advertising Injury Limit 500, 000 General Aggregate Limit (Other than Products - Completed Operations) 1 000 000 Products - Completed Operations Aggregate Limit s 1,000,000 Explanation of DESCRIPTION Charges General Liability Schedule Totals PIIEMIIIM 1,065.00 Certified Acts of Terrorism Coverage 11.00 Total Advance Charges. $1 076.00 Note: This is not a hill To reporta claim, call your Agent or 1-877268-;'89(l DS 70 22 0108 09/12l12 55221699 NO107819 300 ACAFPPNO INSURED COPY 000081 PACE 23 OF 79 Coverage Is Provided In. Policy Number: F America First The Ohio Casualty Insurance Company OLD (13) 55 2216 99 I nsu ran ce Policy Period: Commercial General Liability From 08/31/2012 To 08/31/2013 Declarations Schedule 12:01 am standard Time at Insured Mailing Location Named Insured Agent STAR LANDSCAPE, LLC (806) 77I-4368 ASHMORE & ASSOCIATES INS AGCY LLC SUMMARY OF CLASSIFICATIONS - BY LOCATION 0901 1808 pm 2378,1ubbeek, TX 79407-7007 Insured: STAR LANDSCAPE, LLC CLASSIFICATION - 97047 Landscape Gardening Products -Completed Operations Are Subject To The General Aggregate Limit. Members of LLC RATED / PER COVERAGE DESCRIPTION PREMIUM BASED ON - or LLP Payroll 11000 PREMIUM Premise/Operations 31,900 Dollars OF Payroll 11.575 $369.00 Total: ........... CLASSIFICATION • 97047 Landscape Gardening Products -Completed Operations Are Subject To The General Aggregate Limit. Included RATED / PER COVERAGE DESCRIPTION PREMIUM BASED ON • Employees Payroll 1,000 PREMIUM Prcmise/Operations 60,125 Dollars Of Payroll To report a cialm, call your Agent or 1-877-263 7899 I1.575 $696.00 Total: Cucluded DS 70 23 01 08 Q9/12/12 5522tG99 P80107819 300 ACAFPPNO INSUAFO COPY OW081 PAGE 24 OF 78 GOYM9e 13 Provided In: Policy Number: Amcrica First The Ohio Casualty insurance Company OLO (13) 55 2216 99 10� Insurance, "`"b..d'h.,"""40Policy Period: Commercial General Liability From 08/31/2012 To O8/31/2013 Declarations Schedule 12:01 am Standard Time at Insured Mailing Location Tamed Insured Agent STAR LANDSCAPE, LLC (S06) 771-4368 ASHMORE & ASSOCIATES INS AGCY LLC SUMMARY OF CLASSIFICATIONS - BY LOCATION - cO1ltlnued ........... CLASSIFICATION - 91581 Contractors - Subcontracted Worts - In Connection With Construction, Reconstruction, Erection or Repair - Not Buildings COVERAGE DESCRIPTION Premise/Operations Products/Completed. Operations PREMIUM BASED ON - Dollars Of Total Cost - if any CLASSIFICATION- 91585 Contractors - Subcontracted Work - in Connection With Construction, Reconstruction, Repair or Erection Of Buildings NOC To report a c1810, call your Agent or 1-877-263-7990 RATED / PER 11000 PREMIUM 2.141 Total. 4.625 Total: DS 70 23 0108 09/12/12 55221699 N0107819 300 ACAFPPNO INSURED COPY 000081 PAGE 25 OF 78 Coverage Is Provided In: Policy Number. America First The Ohio Casualty Insurance Company BLO (13) gD 2216 99 Insu ra [lee, Policy Period: ..�,ak"•�����• Commercial General Liability From 08131/2012 To 08/31/2013 Declarations Schedule 12.01 am Standard rime at Insured Mailing Locatlot7 Named Insured Agent STAR LANDSCAPE, LLC (806) 771-436a ASHMORE & ASSOCIATES INS AGCX LLC SUMMARY OF CLASSIFICATIONS - BY LOCATION - continued RATED l PER COVERAGE DESCRIPTION PREMIUM BASED ON - 1,000 PREMIUM PrerniselOperations Dollars Of Total Cost - if any 2.141 Total: ProductslCompletcd Operations 2.079 Total: Commercial General Liability Schedule Total $1,065 00 To report a claim, call year Agent or 1.877 253.7890 DS 70 23 0108 09/12/12 55221609 NO MA 300 ACAFPPNO INSURED COPY 000081 PAGE 26 OF 78 COMMERCIAL GENERAL LIABILITY CG 00 01 12 07 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organiza- tion qualifying as a Named Insured under this Policy. The words "we", "us" and "our" refer to the company providing this Insurance. The word "Insured" means any person or organi- zation qualifying as such under Section 11- Who is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "bodily injury" or "prop- erty damage" to which this Insurance ap- plies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this Insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applica- ble limit of Insurance In the payment of judgments or settlements under Coverages A or B or medical ex- penses under Coverage C. No other obligation or liability to pay sums or perform acts or services Is cov. ered unless explicitly provided for under Supplementary Payments - Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occur- rence" that takes place in the "cov- erage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section Il - Who Is An insured and no "em- playee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily Injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily Injury" or "property dam. age" occurred, then any continu- ation, change or resumption of such "bodily Injury" or "property dam- age" during or after the policy period will be deemed to have been known Prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section 11 - Who Is An Insured or any "employee" au- thorized by you to give or receive notice of an 'occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property dam- age" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. (1) Reports all, or any part, of the "bod- ily Injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property dam- age"; or CG 00 0112 07 0 ISO Properties, Inc., 2006 Page 1 of 16 (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" in- clude damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury" 2. Exclusions This Insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the insured. This exclusion does not ap- ply to "bodily injury" resulting from the use of reasonable force to protect per- sons or property. b. Contractual Liability "Bodily Injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agree- ment; or (2) Assumed in a contract or agreement that Is an "insured contract", pro- vided the "bodily injury" or "proper- ty damage" occurs subsequent to the execution of the contract or agree- ment. Solely for the purposes of li- ability assumed in an "insured con- tract", reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "prop- erty damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "Insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alterna- tive dispute resolution proceed- ing In which damages to which this Insurance applies are al- leged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxi- cation of any person; (2) The furnishing of alcoholic bever- ages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distribut- ing, selling, serving or furnishing alcohol- ic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability bene- fits or unemployment compensation law or any similar law. S. Employer's Liability "Bodily Injury" to: (1) An "employee" of the insured aris- ing out of and In the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the Insured's busi- ness, or (2) The spouse, child, parent, brother or sister of that "employee" as a con- sequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "in- sured contract". f. Pollution (1) "Bodily injury" or "property dam- age" arising out of the actual, al- leged or threatened discharge, dispersal, seepage, migration, re- lease or escape of "pollutants": Page 2 of 16 0 IS© Properties, Inc., 2006 CG 00 01 12 07 (a) At or from any premises, site or ly on any insured's behaif are location which is or was at any performing operations if the time owned or occupied by, or "pollutants" are brought on or to rented or loaned to, any insured. the premises, site or location in However, this subparagraph connection with such operations does not apply to: by such Insured, contractor or (i) "Bodily injury„ if sustained subcontractor. However, this within a building and caused subparagraph does not apply to: by smoke, fumes, vapor or (€) "Bodily Injury" or "property soot produced by or origi- damage" arising out of the nating from equipment that escape of fuels, lubricants or is used to heat, cool or de- other operating fluids which humidify the building, or are needed to perform the equipment that is used to normal electrical, hydraulic heat water for personal use, or mechanical functions by the building's occupants necessary for the operation or their guests; of "mobile equipment" or (ii) "Bodily injury„ or "property its parts, if such fuels, damage" for which you may lubricants or other operating be held liable, if you are a fluids escape from a vehicle contractor and the owner or part designed to hold, store lessee of such premises, site or receive them. This excep- or location has been added tion does not apply if the to your policy as an addi. "bodily injury" or "property tional insured with respect damage" arises out of the to your ongoing operations intentional discharge, performed for that addition- dispersal or release of the al insured at that premises, fuels, lubricants or other op - site or location and such erating fluids, or if such fu- premises, site or location Is els, lubricants or other oper- not and never was owned or ating fluids are brought on occupied by, or rented or or to the premises, site or lo- loaned to, any insured, other cation with the intent that than that additional insured; they be discharged, dis- or persed or released as part"of (M) "Bodily Injury" or "property the operations being per - damage" arising out of heat, formed by such insured, smoke or fumes from a contractor or subcontractor; "hostile fire"; (ii) "Bodily injury" or "property (b] At or from any premises, site or damage" sustained within a location which Is or was at any building and caused by the time used by or for any insured release of gases, fumes or or others for the handling, stor- vapors from materials age, disposal, processing or brought into that building In treatment of waste; connection with operations (e) Which are or were at any time being performed by you oron transported, handled, stored, your behalf by a contrac- tar or subcontractor; or treated, disposed of, or pro- cessed as waste by or for: (Ili) "Bodily injury" or "property (i) Any insured; or damage" arising out of heat, 00 Any person or organization smoke or fumes from a "hostile fire". for whom you may be legal- ly responsible; or (a) At or from any premises, site or location on which any insured or (d) At or from any premises, site or any contractors or subcontrac- location on which any insured or tors working directly or indirect - any contractors or subcontrac- ly on any insured's behalf are tors working directly or Indirect- performing Operations if the op- CG 00 01 12 07 0 ISO Properties, Inc., 2006 Page 3 of 16 erations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef- fects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statu- tory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neu- tralize, or in any way respond to, or assess the effects of, "pollu- tants"; or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, remov- Ing, containing, treating, detox- ifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages be- cause of "property damage" that the insured would have In the absence of such request, demand, order or stat•- uto€y or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, mainten- ance, use or entrustment tc -!:,ers of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any Insured. Use includes operation and "loading or unloading". This exclusion applies even If the claims against any Insured allege negligenco or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that Insured, if the "occur- rence" which caused the "bodily Injury" or "property damage" involved the own- ership, maintenance, use or entrustment to others of any aircraft, "auto" or water- craft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to; (1) A watercraft while ashore on prem- ises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the in- sured; (4) Liability assumed under any "in- sured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property dam- age" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualIN under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li- censed or principally garaged; or (b) The operation of any of the ma- chinery or equipment listed In' Paragraph t.(2) or f.(3) of the' definition of "mobile equip- ment". h. Mobile Equipment "Bodily Injury" or "property damage" arising out of: (1) The transportation of "mobile equip- ment" by an "auto" owned or oper- ated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged rac- ing, speed, demolition, or stunting activity. War "Bodily injury" or "property damage", however caused, arising, directly or indi- rectly, out of: (1) War, including undeclared or civil war, (2) Warlike action by a military force, in- cluding action in hindering or de- fending against an actual or expect- ed attack, by any government, sovereign or other authority using military personnel or other agents; or Page 4 of 16 ® ISO Properties, Inc., 2006 CG 00 01 12 07 (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses in- curred by you, or any other person, organization or entity, for repair, re- placement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those prem- ises; (3) Property loaned to you; (4) Personal property in the care, custo- dy or control of the Insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are per- forming operations, if the "property damage" arises out of those oper- ations; or (S) That particular part of any property that must be restored, repaired or re- placed because "your work." was in- correctly performed on It. Paragraphs (1), (3) and (4) of this exclu- sion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of in- surance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this ex- clusion 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 haz- ard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. Damage To Your Work "Property damage" to "your work" aris- ing out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Prop- erty Not Physically Injured "Property damage" to "impaired proper- ty" or property that has not been phys- Ically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your prod- uct" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to 'your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or ex- pense incurred by you or others for the loss of use, withdrawal, recall, inspec- tion, repair, replacement, adjustment, re- moval or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property Is with- drawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, Inadequacy or dangerous condition In It. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury" P. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, in- ability to access, or inability to manipu- late electronic data. CG 00 01 12 07 1 ® ISO Properties, Inc., 2006 Page 5 of 18 As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer soft- ware, Including systems and applications software, hard or floppy disks, CO- ROMS, tapes, drives, cells, data process- ing devices or any other media which are used with electronically controlled equip- ment. q. Distribution Of Material In Violation Of Statutes "Bodily injury" or "property damage" arising directly or indirectly out of any ac- tion or omission that violates or is -al- leged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amend- ment of or addition to such law; or (2) The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communi- cating or distribution of material or Information. Exclusions c. through n. do not apply to dam- age by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Sec- tion Ili - Limits Of Insurance. COVERAGE 8 PERSONAL AND ADVERTISING IN- JURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "personal and advertis- ing injury" to which this insurance ap- plies. We will have the right and duty to defend the Insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any of- fense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages Is limited as described In Section III - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applica- ble limit of Insurance In the payment of judgments or settlements under Coverages A or B or medical ex- penses under Coverage C. No other obligation or liability to pay sums or perform acts or services is cov- ered unless explicitly provided for under Supplementary Payments - Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "cov- erage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. 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" b. Material Published With Knowledge Of Falsity "Personal and advertising Injury" arising out of oral or written publication of ma- terial, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication of ma- terial whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising Injury" for which the insured has assumed liability In a contract or agreement, This exclu- sion does not apply to liability for dam- ages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an im- plied contract to use another's advertis- €ng idea in your "advertisement". Page 6 of 18 0 ISO Properties, Inc., 2006 CG 00 01 12 07 g. Quality Or Performance Of Goads - Fail- ure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement Of quality or performance made in your „advertisement". h- Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". I. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, pat- ent, trademark, trade secret or other in- tellectual property rights. Under this ex- clusion, such other Intellectual property rights do not include the use of another's advertising Idea in your "advertisement". However, this exclusion does not apply to Infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising Injury" com- mitted by an insured whose business is: (1) Advertising, broadcasting, publish- ing or telecasting; (2) Designing or determining content of websites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "person- al and advertising injury" under the Defi- nitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or ad- vertising, for you or others anywhere on the Internet, Is not by itself, considered the business of advertising, broadcast- ing, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Hoards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product In your e-mail address, domain name or metatag, or any other similar tactics to mislead another's po- tential customers. M. pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution - Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, de- toxify or neutralize, or In any way re- spond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or as- sessing the effects of, "pollutants". o. War "Personal and advertising injury", how- ever caused, arising, directly or indirect- ly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, In- cluding action In hindering or de- fending against an actual or expect- ed attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statues "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to vio- late: (1) The Telephone Consumer Protection Act (TCPA), including any amend- ment of or addition to such law; or (2) The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, CG 00 0112 07 ® ISO Properties, Inc., 2006 Page 7 of 16 other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communi. cating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as de- scribed below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations, provided that: (a) The accident takes place In the "cov- erage territory" and during the policy period; (b) The expenses are incurred and re- ported to us within one year of the date of the accident; and (c) The injured person submits to ex- amination, at our expense, by physi- cians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including pros- thetic devices; and (3) Necessary ambulance, hospital, pro- fessional nursing and funeral ser- vices. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. injury On Normally Occupied Premises To a person injured on that part of prem- ises you own or rent that the person nor- mally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employ- ee" of any insured, if benefits for the "bodily Injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, In- structing or participating in any physical exercises or games, sports, or athletics contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. We will pay, with respect to any claim we in- vestigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents. or traffic law viola- tions arising out of the use of any vehicle to which the. 813dily Injury Liability Cov- erage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the ap- plicable limit of Insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attor- neys' expenses taxed against the In- sured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any Judgment that accrues after entry of the judgment and before we have paid, of- fered to pay, or deposited in court the part of the judgment that is within the ap- plicable limit of insurance. These payments will not reduce the limits of insurance. Page 8 of 16 0 ISO Properties, Inc., 2006 CG 00 01 12 07 2. If we defend an insured against a "suit" and an indemnitee of the Insured is also named as a party to the "suit", we will defend that Indemnitee If all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the Insured has as- sumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that Indemnitee, has also been assumed by the Insured in the same "insured contract"; d. The allegations in the "suit" and the in- formation we know about the "occur- rence" are such that no conflict appears to exist between the interests of the In- sured and the Interests of the Indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f, The indemnitee: (1) Agrees in writing to: (a) Cooperate with us In the inves- tigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, sum- monses or legal papers received in connection with the "suit"; (c) Notify any other Insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authoriza- tion to; (a) Obtain records and other infor- mation related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, at- torneys' fees incurred by us in the defense of that indemnitee, necessary litigation ex- penses incurred by us and necessary litiga- tion expenses incurred by the indemnitee at our request will be paid as Supplementary Payments, Notwithstanding the provisions of Paragraph 2.b.(2) of Section I - Coverage A - Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of in- surance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplemen- tary Payments ends when we have used up the applicable limit of insur- ance In the payment of judgments or settle- ments or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION If - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An Individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an Insured. Your members are also In- sureds, but only with respect to the con- duct of your business. Your managers are Insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive of- ficers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured, Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following Is also an Insured: a. Your "volunteer workers" only while per- forming duties related to the conduct of your business, or your "employees", oth- er than either your "executive officers" (if you are an organization other than a part- nership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employ- CG 00 0112 07 0 ISO Properties, Inc., 2006 Page 9 of 16 meet by you or while performing duties d. Your legal representative if you die, but related to the conduct of your business. only with respect to duties as such. That However, none of these "employees" or representative will have all your rights "volunteer workers" are insureds for: and duties under this Coverage Part. (1) "Bodily injury" or "personal and ad- 3. Any organization you newly acquire or form, vertising injury": other than a partnership, joint venture or (a) To you, to your partners or limited liability company, and over which you members (if you are a partner- maintain ownership or majority Interest, will ship or joint venture), to your qualify as a Named Insured if there is no oth- members (if you are a limited 0- er similar Insurance available to that organi- ability company), to a co- "em- zation. However: ployee" while in the course of a. Coverage under this provision is afforded his or her employment or per- only until the 90th day after you acquire forming duties related to the or form the organization or the end of the conduct of your business, or to policy period, whichever is earlier; your other "volunteer workers" b. Coverage A does not apply to "bodily in - while performing duties related to the conduct of your business; jury" or "property damage" that occurred before you acquired or formed the orga- (b) To the spouse, child, parent, nization; and brother or sister of that co -"em- c. Coverage B does not apply to "personal ployee" or "volunteer worker" and advertising injury" arising out of an as a consequence of Paragraph (1)(a) above; offense committed before you acquired or farmed the organization. (c) For which there is any obligation to share damages with or repay No person or organization Is an insured with re - someone else who must pay spect to the conduct of any current or past part - damages because of the injury Warship, joint venture or limited liability company described In Paragraphs (1)(a) or that is not shown as a Named Ensured in the Dec- (b} above; or larations. (d) Arising out of his or her provid- SECTION III - LIMITS OF INSURANCE Ing or tailing to provide profes- 1. The Limits of Insurance shown In the Declara- sional health care services. tions and the rules below fix the most we will (2) "Property damage" to property: pay regardless of the number of: (a) Owned, occupied or used by, a. Insureds; (b) Rented to, in the care, custody or b. Claims made or "suits" brought; or control of, or over which phys- c. Persons or organizations making claims Ical control is being exercised for or bringing "suits". any purpose by 2. The Genera! Aggregate Limit Is the most we you, any of your "employees", "vol- will pay for the sum of: unteer workers", any partner or a. Medical expenses under Coverage C; member (if you are a partnership or b. Damages under Coverage A. except dam - joint venture), or any member (if you ages because of "bodily injury„ or "prop - are a limited liability company). erty damage" included In the "products- b. Any person (other than your "employee" completed operations hazard"; and or "volunteer worker"), or any organiza- c. Damages under Coverage S. tion while acting as your real estate man- 3. The Products -Completed Operations Aggre- ager. gate Limit is the most we will pay under arson or organization having prop- c. Any p g g p p- Coverage A for damages because of "bodily er temporary custody of your property if injury" and "property damage" included in you die, but only: the "products -completed operations hazard". (1) With respect to liability arising out of 4. Subject to Paragraph 2. above, the Personal the maintenance or use of that prop- and Advertising Injury Limit is the most we erty; and will pay under Coverage B for the sum of all (2) Until your legal representative has damages because of all "personal and adver- been appointed. tising Injury" sustained by any one person or organization. Page 10 of 16 m ISO Properties, Inc., 2006 CG 00 01 12 07 5. Subject to Paragraph 2. or 3. above, which- ever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occur- rence". B. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or tem- porarily occupied by you with permission of the owner. 7. Subject to Paragraph S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one per- son. The Limits of Insurance of this Coverage Part ap- ply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the poli- cy period is extended after Issuance for an addi- tional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should in- clude: (1) How, when and where the "occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and (3) The nature and location of any Injury or damage arising out of the "occur- rence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date re- ceived; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other Involved insured must: (1) Immediately send us copies of any demands, notices, summonses or le- gal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other Information; (3) Cooperate with us in the Investiga- tion or settlement of the claim or de- fense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the .Insured because of in- jury or damage to which this insur- ance may also apply. d. No Insured will, except at that Insured's own cost, voluntarily make a payment, assume any obligation, or Incur any ex- pense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to re- cover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable un- der the terms of this Coverage Part or that are In excess of the applicable limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the in- sured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or 8 of this Coverage Part, our obligations are limited as follows: CG 00 01 12 07 0 ISO Properties, Inc., 2006 Page 11 of 16 a. Primary Insurance (3) When this insurance is excess over This insurance is primary except when other insurance, we will pay only our Paragraph b. below applies. If this insur- share of the amount of the loss, if ance is primary, our obligations are not any, that exceeds the sum of: affected unless any of the other insur- (a) The total amount that all such ance is also primary. Then, we will share other insurance would pay for with all that other insurance by the meth- the loss in the absence of this in- od described in Paragraph c. below. surance; and b. Excess Insurance (b) The total of all deductible and (1) This insurance is excess over: self -insured amounts under all (a) Any of the other insurance, that other insurance. whether primary, excess, contin- (4) We will share the remaining loss, if gent or on any other basis: any, with any other insurance that is (ij That is Fire, Extended Cov- not described In this Excess Insur- stage, B s Risk, Instal- ance provision and was not bought lotion Risskk Risk or similar specifically to apply in excess of the coverage for "your work"; Limits of Insurance shown in the Declarations of this Coverage Part. (ii) That is Fire insurance for c. Method Of Sharing premises rented to you or temporarily occupied by you If all of the other insurance permits con - with permission of the own- tribution by equal shares, we will follow er, this method also. Under this approach (III) That !s insurance purchased each insurer contributes equal amounts you to cover your liability until it has paid its applicable limit of in - as as s a tenant for "property surance or none of the loss remains, whichever comes first. damage" to premises rented you or temporarily accu- If any of the other insurance does not per - p pied pied by you with permission mit contribution by equal shares, we will of the owner; or contribute by limits. Under this method, (iv) If the Ions arises out of the each insurer's share is based on the ratio use air- craft, of Its applicable limit of insurance to the "autos"nance craft, autos or watercraft er total applicable limits of insurance of all to the extent not subject to insurers. Exclusion g, of Section I - B. Premium Audit { Coverage A - Bodily Injury a. We will compute all premiums for this And Property Damage Li- Coverage Part in accordance with our ability. rules and rates. (b) Any other primary insurance b. Premium shown in this Coverage Part as available to you covering liabil- advance premium is a deposit premium ity for damages arising out of the only. At the close of each audit period we premises or operations, or the will compute the earned premium for products and completed oper- that period and send notice to the first ations, for which you have been Named Insured. The due date for audit added as an additional insured and retrospective premiums is the date by attachment of an endorse- shown as the due date on the bill. If the ment. sum of the advance and audit premiums (2) When this insurance is excess, we paid for the policy period is greater than will have no duty under Coverages A the earned premium, we will return the or B to defend the Insured against excess to the first Named insured. any "suit" if any other Insurer has a c. The first Named Insured must keep duty to defend the insured against records of the information we need for that "suit". If no other insurer de- premium computation, and send us fends, we will undertake to do so, but copies at such times as we may request. we will be entitled to the Insured's rights against all those other insur- ers. Page 12 of 16 0 ISO Properties, Inc., 2006 CG 00 0112 07 6. Representations By accepting this policy, you agree: a. The statements in the declarations are accurate and complete; b. Those statements are based upon repre- sentations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of insureds Except with respect to the Limits of Insur- ance, and any rights or duties specifically as- signed in this Coverage part to the first Named insured, this Insurance applies: a. As if each Named Insured were the only Famed Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Oth- ers To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named In- sured shown in the Declarations written no- tice of the nonrenewal not less than 30 days before the expiration date. If notice Is mailed, proof of mailing will be sufficient proof of notice. SECTION V - DEFINITIONS I. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published Include mate- rial placed on the Internet or on similar electronic means of communication; and b. Regarding web -sites, only that part of a website that Is about your goods, pro- ducts or services for the purposes of at- tracting customers or supporters is con- sidered an advertisement. b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or princi- pally garaged. However "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only If the injury or damage occurs in the course of travel or transportation be- tween any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Para- graph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined In a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". , 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any ether similar governing document. 7. "Hostile fire" means one which becomes un- controllable or breaks out from where it was intended to be. S. "Impaired property" means tangible proper- ty, other than "your product" or "your work", that cannot be used or is less useful because: 2. "Auto" means: a. it incorporates "your product" or "your work" that is known or thought to be de - a. A land motor vehicle, trailer or fective, deficient, inadequate or danger - semitrailer designed for travel on public ous; or roads, Including any attached machinery b. You have failed to fulfill the terms of a or equipment; or contract or agreement; CG 00 0112 07 0 ISO properties, Inc., 2006 Page 13 of 16 if such property can be restored to use by (b) Giving directions or instructions, the repair, replacement, adjustment or re- or failing to give them, if that is moval of "your product" or "your work" or the primary cause of the injury your fulfilling the terms of the contract or or damage; or agreement. (3) Under which the insured, if an archi- "Insured contract" means: tect, engineer or surveyor, assumes a. A contract for a lease of premises, How- liability for an injury or damage aris- ing out of the Insured's rendering or ever, that portion of the contract for a failure to render professional ser- lease of premises that indemnifies any vices, including those listed in (2) person or organization for damage by fire above and supervisory, inspection, to premises while rented to you or tem- architectural or engineering activi- porarily occupied by you with permission ties. of the owner Is not an "insured contract"; 10. "Leased worker" means a person leased to b. A sidetrack agreement; you by a labor leasing firm under an agree- c. Any easement or license agreement, ex- ment between you and the labor leasing firm, cept in connection with construction or to perform duties related to the conduct of demolition operations on or within 50 your business. "teased worker" does not In - feet of a railroad; clude a "temporary worker". d. An obligation, as required by ordinance, 11. "Loading or unloading" means the handling to indemnify a municipality, except in of property: connection with work for a municipality; a. After It is moved from the place where it e. An elevator maintenance agreement; is accepted for movement into or onto an f. That part of any other contract or agree- aircraft, watercraft or "auto"; ment pertaining to your business (includ- b. While It is in or on an aircraft, watercraft ing an indemnification of a municipality or "auto"; or in connection with work performed for a c. While it is being moved from an aircraft, municipality) under which you assume the tort liability of another party to pay watercraft or "auto" to the place where it for "bodily injury" or "property damage" is finally delivered; to a third person or organization. Tort li- but "loading or unloading" does not include ability means a liability that would be im- the movement of property by means of a me - posed by law in the absence of any con- chanical device, other than a hand truck, that tract or agreement. is not attached to the aircraft, watercraft or Paragraph f. does not include that part of "auto". any contract or agreement: 12. "Mobile equipment" means any of the fol- (1) That indemnifies a railroad for "bod- lowing types of land vehicles, including any attached machinery or equipment: ily injury" or "property damage" arising out of construction or a. Bulldozers, farm machinery, forklifts and demolition operations, within 50 feet other vehicles designed for use principal - of any railroad property and affecting ly off public roads; any railroad bridge or trestle, tracks, b. Vehicles maintained for use solely on or roadbeds, tunnel, underpass or next to premises you own or rent; crossing; c. Vehicles that travel on crawler treads; (2) That indemnifies an architect, engi- d. Vehicles, whether self-propelled or not, neer or surveyor for injury or dam- maintained primarily to provide mobility age arising out of: to permanently mounted: (a) Preparing, approving, or failing (1) Power cranes, shovels, loaders, dig - to prepare or approve, maps, gers or drills; or shop drawings, opinions, re- (2) Road construction or resurfacing ports, surveys, field orders, equipment such as graders, scrapers change orders or drawings and or rollers; specifications; or Page 14 of 1B 0 ISO properties, Inc., 2006 CG 00 0112 07 e. Vehicles not described in Paragraph a., by or on behalf of its owner, landlord or b., c. or d. above that are not self- lessor; propelled and are maintained primarily to d. Oral or written publication, In any man - provide mobility to permanently attached ner, of material that slanders or libels a equipment of the following types: person or organization or disparages a (1) Air compressors, pumps and gener- person's or organization's goods, pro- ators, including spraying, welding, ducts or services; building cleaning, geophysical ex- e. Oral or written publication, in any man- ploration, lighting and well servicing ner, of material that violates a person's equipment; or right of privacy; (2) Cherry pickers and similar devices f. The use of another's advertising idea in used to raise or lower workers; your "advertisement"; or f. Vehicles not described in Paragraph a., g. Infringing upon another's copyright, b., c. or d. above maintained primarily for trade dress or slogan in your "advertise - purposes other than the transportation of ment". persons or cargo. 1S. "Pollutants" mean any solid, liquid, gaseous However, self-propelled vehicles with the or thermal irritant or contaminant, including following types of permanently attached smoke, vapor, soot, fumes, acids, alkalis, equipment are not "mobile equipment" chemicals and waste. Waste includes materi- but will be considered "autos": als to be recycled, reconditioned or re- (1) Equipment designed primarily for: claimed. (a) Snow removal; 16. "Products -completed operations hazard": (b) Road maintenance, but not con- a. Includes all "bodily Injury" and "property struction or resurfacing; or damage" occurring away from premises (c) Street cleaning; you own or rent and arising out of "your (2) Cherry pickers and similar devices product" or "your work" except: mounted on automobile or truck (1) Products that are still in your phys- chassis and used to raise or lower #cal possession; or workers; and (2) Work that has not yet been complet- (3) Air compressors, pumps and gener- ed or abandoned. However, "your ators, including spraying, welding, work" will be deemed completed at building cleaning, geophysical ex- the earliest of the following times: ploration, lighting and well servicing (a) When all of the work called for in equipment. your contract has been complet- However, "mobile equipment" does not In- ed. clude any land vehicles that are subject to a (b) When all of the work to be done compulsory or financial responsibility law or at the job site has been complet- other motor vehicle insurance law in the state ed if your contract calls for work where It is licensed or principally garaged. at more than one job site. Land vehicles subject to a compulsory or fi- (c) When that part of the work done nancial responsibility law or other motor ve- at a job site has been put to its hicle Insurance law are considered "autos". intended use by any person or 13. "Occurrence" means an accident, including organization other than another continuous or repeated exposure to substan- contractor or subcontractor tially the same general harmful conditions. working on the same project. 14, "Personal and advertising injury" means in- Work that may need service, main - jury, including consequential "bodily injury", tenance, correction, repair or re - arising out of one or more of the following placement, but which Is otherwise offenses: complete, will be treated as complet- a. False arrest, detention or imprisonment; ed. b. Malicious prosecution; b. Does not Include "bodily injury" or "property damage" arlsfng out of: C. The wrongful eviction from, wrongful en- (1) The transportation of property, un- try into, or invasion of the right of private less the injury or damage arises out occupancy of a room, dwelling or pram- of a condition In or on a vehicle not Ises that a person occupies, committed CG 00 01 12 07 ID ISO Properties, Inc., 2006 Page 15 of 16 owned or operated by you, and that condition was created by the "load- 20. "Volunteer worker" means a person who is "employee", ing or unloading" of that vehicle by not your and who donates his or her work and acts at the direction of and with - any insured; In the scope of duties determined by you, and (2) The existence of tools, uninstalled is not paid a fee, salary or other compensa- equipment or abandoned or unused tion by you or anyone else for their work per - materials; or formed for you. (3) Products or operations for which the 21. "Your product": classification, listed in the Declara- a. Means: tions or in a policy schedule, states that products -completed operations (1) Any goods or products, other than are subject to the General Aggregate real property, manufactured, sold, Limit. handled, distributed or disposed of 17. "Property damage" means: by. a. Physical Injury to tangible property, in- Y i Y (a) You; cluding all resulting loss of use of that o (b) Others trading under your name; property. All such loss of use shall be or deemed to occur at the time of the phys- (c) A person or organization whose ical Injury that caused it; or business or assets you have ac- b. Loss of use of tangible property that is quired; and not physically injured. All such loss of (2) Containers (other than vehicles), ma - use shall be deemed to occur at the time terials, parts or equipment furnished of the "occurrence" that caused it. in connection with such goods or' For the purposes of this insurance, electronic products. data is not tangible property. b. Includes; As used in this definition, electronic data (1) Warranties or representations made means information, facts or programs stared at any time with respect to the fit - as or on, created or used on, or transmitted to ness, quality, durability, perfor- or from ;;ori,p::ter software, including sys- mance or use of "your product"; and tems and applications software, hard or flop- (2) The providing of or failure to provide py disks, CD-ROMS, tapes, drlvq�:, calls, data warnings or Instructions, processing devices or any other media which c. Does not include vending machines or are used with electronically controlled equip- other property rented to or located for the ment. use of others but not sold. 18. "Suit" means a civil proceeding In which 22. "Your work": damages because of "bodily injury", "prop- erty damage", or "personal and advertising a- Means: injury" to which this insurance applies are al- (1) Work or operations performed by leged. "Suit" includes: you or on your behalf; and a. An arbitration proceeding in which such (2) Materials, parts or equipment fur - damages are claimed and to which the nished in connection with such work insured must submit or does submit with or operations. our consent; or b. Includes: b. Any other alternative dispute resolution (1) Warranties or representations made proceeding in which such damages are at any time with respect to the fit - claimed and to which the insured sub- ness, quality, durability, perfor- mits with our consent, mance or use of "your work"; and 19. "Temporary worker" means a person who is (2) The providing of or failure to provide furnished to you to substitute for a permanent warnings or instructions. "employee" on leave or to meet seasonal or short-term workload conditions. Page 16 of I a ISO Properties, Inc., 2006 CG 00 01 12 07 COMMERCIAL GENERAL LIABILITY CG 00 68 06 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion q. of Paragraph 2. Exclusions of B. Exclusion p, of Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Section I - Coverage B - Personal And Adver- Property Damage Liability is replaced by the tising Injury Liability is replaced by the fol- following: lowing: 2. Exclusions 2. Exclusions This insurance does not apply to: q. Recording And Distribution Of Ma- terial Or Information In Violation Of Law "Bodily injury" or "property dam- age" arising directly or Indirectly out of any action or omission that vio- lates or is alleged to violate: This insurance does not apply to: p. Recording And Distribution Of Ma- terial Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Pro- (1) The Telephone Consumer Pro- tection Act (TCPA), including any tection Act (TCPA), including any amendment of or addition to amendment of or addition to such law; such law; (2) The CAN-SPAM Act of 2003, in- (2) The CAN-SPAM Act of 2003, in- cluding any amendment of or eluding any amendment of or addition to such law; addition to such law; (3) The Fair Credit Reporting Act (3) The Fair Credit Reporting Act (FCRA), and any amendment of (FCRA), and any amendment of or addition to such law, Includ- or addition to such law, includ- ing the Fair and Accurate Credit ing the Fair and Accurate Credit Transaction Act (FACIA); or Transaction Act (FACIA); or (4) Any federal, state or local stat- (4) Any federal, state or local stat- ute, ordinance or regulation, oth- ute, ordinance or regulation, oth- er than the TCPA, CAN-SPAM er than the TCPA, CAN- SPAM Act of 2003 or FORA and their Act of 2003 or FCRA and their amendments and additions, that amendments and additions, that addresses, prohibits, or limits addresses, prohibits, or limits the printing, dissemination, dis- the printing, dissemination, dis- posal, collecting, recording, posal, collecting, recording, sending, transmitting, communi- sending, transmitting, commun€. eating or distribution of material eating or distribution of material or information. or information. CG 00 68 06 09 m Insurance Services Office, Inc., 2008 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 0103 06 06 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. TEXAS CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. With regard to liability for Bodily Injury, Property Damage and Personal And Advertising Injury, unless we are prejudiced by the insureds or your failure to comply with the requirement, no provision of this Coverage Part requiring you or any Insured to give notice of "occurrence", claim or "suit", or forward demands, notices, sum- monses or legal papers in connection with a claim or "suit" will bar coverage under this Cov- erage Part. CG 0103 06 00 10 ISO Properties, Inc., 2005 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 01 5610 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - PESTICIDE OR HERBICIDE APPLICATOR COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Operations: Operations Described in the classification Lodes) listed below and shown on the schedule(s) 97047 Landscape Gardening Limit Of Liability for "property damage" - $5,000 per "occurrence" unless otherwise indicated below: per "occurrence". (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) With respect to the operations described in the Schedule: A. Paragraph (1)(d) of Exclusion If. of Section I - Coverage A - Bodily Injury And Property Damage Liability does not apply if the insured is properly licensed to conduct the operations. B. Paragraphs (4) and (5) of Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability do not apply to "property damage" occurring as a result of such operations performed at premises under your care, custody or control. C. The following is added to Paragraph 5. of Section ill - Limits Of Insurance: Subject to the Each Occurrence Limit, the most we will pay for "property damage" to property covered in Paragraph B. of this endorsement is $5,000 per "occurrence" unless otherwise indicated in the Schedule. co 01 5810 01 10 ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 03 00 0196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Bodily Injury liability OR Property Damage Liability OR Bodily Injury Liability and/or Property Damage Liability Combined Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE $ r500 $ (if no entry appears above, information required to complete this endorsement will be shown in the Decla ra- tions as applicable to this endorsement.) APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no limitation Is entered, the deductibles apply to damages for all "bodily injury" and "property damage", however caused): A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay dam- ages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. B. You may select a deductible amount on either a per claim or a per "occurrence" basis. Your selected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount In the Schedule above. The deductible amount stated In the Schedule above applies as follows: 1. PER CLAIM BASIS. If the deductible amount Indicated in the Schedule above Is on a per claim basis, that deductible applies as follows: a. Under Bodily Injury Liability Coverage, to all damages sustained by any one person because of "bodily injury"; b. Under Property Damage Liability Coverage, to all damages sustained by any one person be- cause of "property damage"; or c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all dam- ages sustained by any one person because of: (1) "Bodily injury"; (2) "Property damage"; or (3) "Bodily injury" and "property damage" combined CG 03 00 0196 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 2 as the result of any one "occurrence". If damages are claimed for care, loss of services or death resulting at any time from "bodily injury", a separate deductible amount will be applied to each person making a claim for such damages. With respect to "property damage", person includes an organization. 2. PER OCCURRENCE BASIS. If the deductible amount Indicated in the Schedule above is on a "per occurrence" basis, that deductible amount applies as Follows: a. Under Bodily Injury Liability Coverage, to all damages because of "bodily injury"; b. Under Property Damage Liability Coverage, to all damages because of "property damage"; or c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all dam- ages because of: (1) "Bodily injury'; (2) "Property damage"; or (3) "Bodily injury" and "property damage" combined as the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". C. The terms of this insurance, including those with respect to: I. Our right and duty to defend the insured against any "suits" seeking those damages; and 2. Your duties in the event of an ,"occurrence," claim, or "suit" apply Irrespective of the application of the deductible amount, D. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. Page 2 of 2 Copyright, insurance Services Office, Inc., 1994 CG 03 00 01 96 COMMERCIAL GENERAL LIABILITY CG 2147 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT - RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Para- B. The following exclusion is added to Para- graph 2., Exclusions of Section I - Coverage A graph 2., Exclusions of Section I - Coverage 8 - Bodily Injury And Property Damage Liabil- - Personal And Advertising Injury Liability: ity. This insurance does not apply to: This insurance does not apply to: "Personal and advertising injury" to: "Bodily injury" to: (1) A person arising out of any: (1) A person arising out of any: (a) Refusal to employ that person; (a) Refusal to employ that person; (b) Termination of that person's employ- (b) Termination of that person's employ- ment; or ment; or (c) Employment -related practices, poli- (c) Employment -related practices, poli- cies, acts or omissions, such as coer- cies, acts or omissions, such as cion, demotion, evaluation, coercion, demotion, evaluation, reassignment, discipline, defama- reassignment, discipline, defama- tion, harassment, humiliation, dis- tion, harassment, humiliation, dis- crimination or malicious prosecution crimination or malicious prosecution directed at that person; or directed at that person; or (2) The spouse, child, parent, brother or sis- (2) The spouse, child, parent, brother or sis- ter of that person as a consequence of ter of that person as a consequence of "personal and advertising injury" to that "bodily injury" to that person at whom person at whom any of the employment - any of the employment -related practices related practices described in paragraphs described in Paragraphs (a), (b), or (c) (a), (b) or (c) above is directed. above is directed. This exclusion applies: This exclusion applies: (1) Whether the injury -causing event de- (1) Whether the injury -causing event de- scribed in Paragraphs (a). (b) or (c) above scribed In Paragraphs (a), (b) or (c) above occurs before employment, during em- occurs before employment, during em- ployment or after employment of that ployment or after employment of that person; person; (2) Whether the insured may be liable as an (2) Whether the Insured may be liable as an employer or in any other capacity; and employer or in any other capacity; and (3) To any obligation to share damages with (3) To any obligation to share damages with or repay someone else who must pay or repay Someone else who must pay damages because of the injury. damages because of the injury. CG 21 4712 07 m ISO Properties, Inc., 2006 Page 1 of 1 COMMERCIAL GENERAL, LIABILITY CG 2167 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion Is added to Paragraph 2. Exclusions of Section I - Coverage A - Bodily Exclusions of Section I - Coverage B - Personal Injury And Property Damage Liability: And Advertising Injury Liability: 2., Exclusions 2. Exclusions This €nsurance does not apply to: This Insurance does not apply to: Fungi or Bacteria a. "Bodily injury„ or "property damage" which would not have occurred, In whole or In part, but for the actual, al- leged or threatened inhalation of, inges- tion of, contact with, exposure to, exis- tence of, or presence of, any "fungi" or bacteria on or within a building or struc- ture, Including its contents, regardless of whether any other cause, event, ma- terial or product contributed concurrent- ly or in any sequence to such injury or damage. b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, re - mediating or disposing of, or In any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consumption. Fungi or Bacteria a. "Personal and advertising injury" which would not have taken place, in whole or In part, but for the actual, alleged or threatened Inhalation of, Ingestion of, contact with, exposure to, existence of, or presence of any "fungi" or bacteria on or within a building or structure, in- cluding its contents, regardless of whether any other cause, event, mate- rial or product contributed concurrently or In any sequence to such injury. b. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, re - mediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. C. The following definition Is added to the Defini- tions Section: "Fungi" means any type or form of fungus, In- cluding mold or mildew and any mycotoxins, spores, scents or by-products produced or re- leased by fungi. CG 2167 12 04 QISO Properties, Inc., 2003 Page i of 1 COMMERCIAL GENERAL LIABILITY CG 21 70 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIA131LITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk In. surance Act exceed $100 billion in a Program Year (,January 1 through December 31) and we have met our Insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case Insured losses up to that amount are subject to pro rate allocation in accordance with procedures established by the Secretary of the Treasury. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in con- currence with the Secretary of State and the Attor- ney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Ter- rorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses In excess of $5 million in the aggregate, attributable to all types of Insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dan- gerous to human life, property or infrastruc- ture and Is committed by an Individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 2170 0108 0 ISO Properties, Inc., 2007 Page 'I of 1 COMMERCIAL GENERAL LIABILITY CG 2176 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added: This insurance does not apply to: TERRORISM PUNITIVE DAMAGES Damages arising, directly or Indirectly, out of a "certified act of terrorism" that are awarded as punitive damages. B. The following definition is added: "Certified act of terrorism" means an act that is certified by the Secretary of. the Treasury, in concurrence with the Secretary of State and the Attorney General of the 'United States, to be an act of terrorism pursuant to the federal Terrorism Risk insurance Act. The criteria contained in the Terrorism Risk Insur- ance Act for a "certified act of terrorism" In- clude the following: 1. The act resulted in insured losses in ex- cess of $5 million in the aggregate, attributable to all types of insurance sub- ject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or in- frastructure and is committed by an in- dividual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 2176 0108 0 ISO Properties, Inc., 2007 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 2186 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of, caused by, or attributable to, whether in whole or In part, the following: 1. The design, manufacture, construction, fabrication, preparation, distribution and sale, installation, application, mainten- ance or repair, including remodeling, service, correction or replacement, of any "exterior insulation and finish sys- tem" or any part thereof, or any sub- stantially similar system or any part thereof, including the application or use of conditioners, primers, accessories, flashings, coatings, caulking or sealants .in connection with such a system; or 2. "Your product" or "your work" with re- spect to any exterior component, fixture or feature of any structure if an "ex- terior Insulation and finish system", or any substantially similar system, is used on the part of that structure con- taining that component, fixture or fea- ture, S. The following definition is added to the Definitions Section: "Exterior Insulation and finish system" means a non -load bearing exterior cladding or finish system, and all component parts therein, used on any part of any structure, and consisting of: 1. A rigid or semi -rigid insulation board made of expanded polystyrene and oth- er materials; 2. The adhesive and/or mechanical fasten- ers used to attach the insulation board to the substrate; 3. A reinforced or unreinforced base coat; 4. A finish coat providing surface texture to which color may be added; and 5. Any flashing, caulking or sealant used with the system for any purpose. CG 2186 12 04 ® ISO Properties, Inc., 2003 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 2196 03 05 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. SILICA OR SILICA -RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion Is added to Para- B. The following exclusion is added to Para. graph 2., Exclusions of Section I - Coverage graph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Li- B - Personal And Advertising Injury Liabil- ability: ity: 2. Exclusions This insurance does not apply to: Silica Or Silica -Related Dust a. "Bodily injury" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, or Ingestion of, "silica" or "sili- ca -related dust". b. "Property damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected contact with, exposure to, existence of, or presence of, "silica" or "sili- ca -related dust". C. Any loss, cost or expense arising, in whole or in part, out of the abat- ing, testing for, monitoring, clean- ing up, removing, containing, treat- ing, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, "silica" or "silica -re- lated dust", by any insured or by any other person or entity. 2. Exclusions This insurance does not apply to: Silica Or Silica -Related Dust a. "Personal and advertising injury" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, exis- tence of, or presence of, "silica" or 41silica-related dust". b. Any loss, cost or expense arising, in whole or in part, out of the abat- ing, testing for, monitoring, clean- ing up, removing, containing, treat- ing, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, "silica" or "silica -re- lated dust", by any insured or by any other person or entity. C. The following definitions are added to the Definitions Section: 1. "Silica" means silicon dioxide (occur- ring in crystalline, amorphous and im- pure forms), silica particles, silica dust or silica compounds. 2. "Silica -related dust" means a mixture or combination of silica and other dust or particles. CG 2196 03 05 0 ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 22 79 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CONTRACTORS - PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage A - Bodily In- jury And Property Damage Liability and Para- graph 2., Exclusions of Section I - Coverage 8 - Personal And Advertising Injury Liability: 1. This insurance does not apply to "bodily in- jury", "property damage" or "personal and advertising injury" arising out of the render- ing of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveyir:y !!srvices to others in your ca- pacity as an engineer, architect or survey- or; and b. Providing, or . hiring independent professionals to provide, engineering, ar- chitectural or surveying services in con- nection with construction work you per- form. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifi- . cations; and b. Supervisory or inspection activities per- formed as part of any related architectur- al or engineering activities. 3. Professional services do not include services within construction means, methods, tech- niques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. CG 22 79 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG26391207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - EMPLOYMENT -RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Para- (3) To any obligation to share damages with graph 2., Exclusions of Section I - Coverage A or to repay someone else who must pay - Bodily Injury And Property Damage Liabil- damages because of the injury. ity' B. The following exclusion is added to Para - This insurance does not apply to: graph 2., Exclusions of Section I - Coverage B "Bodily injury" to: - Personal And Advertising Injury Liability: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employ- ment; or (c) Employment -related practices, poli- cies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defama- tion, harassment, humiliation, dis- crimination or malicious prosecution directed at that person; or (2) The spouse, child, parent, brother or sis- ter of that person as a consequence of "bodily injury" to that person at whom any of the employment- related_ practices described in Paragraphs (a), (b)'.or' (c) above Is directed. This exclusion applies: (1) Whether the injury -causing event de- scribed in Paragraphs (a), (b) or (c) above occurs before employment, during em- ployment or after employment of that person; (2) Whether the Insured may be liable as an employer or In any other capacity; and This insurance does not apply to: "Personal and advertising Injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employ- ment; or (c) Employment -related practices, poli- cies, acts or omissions, such as coer- cion, demotion, evaluation,.. reassignment, discipline, defama- tion, harassment, humiliation, dis- crimination or malicious prosecution directed at that person; or (2) The spouse, child, parent, brother or sis- ter of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment - related practices described In Paragraphs (a), (b) or (c) above is directed. CG 26 3912 07 10 ISO Properties, Inc., 2006 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 33 90 05 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Except for any provision of a construction contract subject to Tex. Ins. Code S 151.102, Paragraph 9. of the Definitions Section is re- placed by the following: 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indem- nifies any person or organization for damage by fire to premises while rented to you or temporarily occu- pied by you with permission of the owner is not an "Insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except In connection with construc- tion or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordi- nance, 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 your busi- ness (including an indemnification of a municipality In connection with work performed for a municipality) under which you assume the tort li- ability of another party to pay for "bodily injury" or "property dam- age" to a third person or organiza- tion, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be im- posed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construc- tion or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or fail- ing to prepare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifica- tions; or (b) Giving directions or Instruc- tions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, If an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render professional services, in- cluding those listed In Paragraph (2) above and supervisory, in- spection, architectural or engi- neering activities. CG 33 90 0512 o insurance Services Office, Inc., 2011 Page 1 of 2 B. With respect to any provision of a construe. Paragraph f. does not include that tion contract subject to Tex. Ins. Code 5 151.102, Paragraph 9. of the Definitions Sec- part of any contract or agreement: Lion is replaced by the following: (1) That indemnifies a railroad far "bodily 9. "Insured contract" means: injury" or "property damage" arising out of construc- a. A contract for a lease of premises. tion or demolition operations, However, that portion of the contract within 50 feet of any railroad for a lease of premises that indern- property and affecting any nifies any person or organization for railroad bridge or trestle, tracks, damage by fire to premises while roadbeds, tunnel, underpass or rented to you or temporarily occu- crossing; pied by you with permission of the (2) That indemnifies an architect, owner Is not an insured contract" ; engineer or surveyor for injury b. A sidetrack agreement; or damage arising out of: c. Any easement or license agreement, (a) Preparing, approving, or fail - except in connection with construe- ing to prepare or approve, tion or demolition operations on or maps, shop drawings, opin- within 50 feet of a railroad; Ions, reports, surveys, field d. An obligation, as required by ordi- orders, change orders or nance, to Indemnify a municipality, drawings and specifica- except in connection with work for a tions; or municipality; (b) Giving directions or instruc- e. An elevator maintenance agreement; tions, or failing to give them, f. That part of any other contract or if that is the primary cause agreement pertaining to your busi- of the injury or damage; or ness (including an indemnification of (3) Under which the Insured, if an a municipality in connection with architect, engineer or surveyor, work performed for a municipality) assumes liability for an injury or under which you assume the tort li- damage arising out of the In- ability of another party to pay for sured's rendering or failure to "bodily injury" or "property dam- render professional services, in - age" to a third person or organiza- cluding those listed in Paragraph tion, but only to the extent that the (2) above and supervisory, in - "bodily injury" or "property dam- spection, architectural or engi- age" is caused by your acts or omis- nearing activities. sions or by the acts or omissions of those acting on your behalf. Tort li- ability means a liability that would be imposed by law in the absence of any contract or agreement. Page 2 of 2 m Insurance Services Office, Inc., 2011 CG 33 90 05 12 COMMERCIAL GENERAL LIABILITY CIS 84 94 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CONSOLIDATED INSURANCE PROGRAMS (WRAP-UP) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraphs 2. of Section I - Coverage A - Bodily Injury And Property Damage Liability, Coverage B - Personal And Advertising Injury and Coverage C - Medical Payments: 2. Exclusions This insurance does not apply to: "Bodily injury", "property damage", "personal injury and advertising injury" or medical expenses arising directly or indirectly out of your current ongoing operations or included within the "pro- ducts -completed operations hazard" at any site or location where you or your subcontractors or employees working on your behalf are performing or previously performed operations if any insured under this policy entered into contracts or agreements commonly referred to as consoli- dated insurance programs (Wrap -Up) providing general liability coverage at that site or location. However, this exclusion does not apply to other jobs or work that you performed at such site or location if such other jobs or work were not done as part of contracts or agreements commonly referred to as consolidated insurance programs (Wrap -Up). This exclusion applies whether or not the consolidated insurance programs (Wrap -Up): a. Provide coverage identical to that provided by this coverage part; b. Have limits adequate to coverall claims; or c. Remain in effect. B. The following Is added to Section IV - Commercial General Liability Conditions Paragraph 5. Premium Audit: In computing premium for this policy, we will not include any payroll or costs paid to your subcontractors for work at any site or location where any insured under this policy had entered into contracts or agreements commonly referred to as consolidated insurance programs (Wrap - Up) providing insurance coverage at that site or location prior to your work at such site or location. A copy of the consolidated insurance program (Wrap -Up) certificate or similar documents issued to you verifying coverage must be provided to us when we audit this policy. CG 84 94 12 08 Includes copyrighted material of ISO Properties. Inc„ with its permission. Page 1 of I COMMERCIAL GENERAL LIABILITY CG 84 99 01 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON -CUMULATION OF LIABILITY LIMITS (SAME OCCURRENCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 5. under Section III - Limits Of Insurance: Non -Cumulation of Liability - Same Occurrence - If one "occurrence" causes "bodily injury" or "property damage" during the policy period and during the policy period of one or more prior, or future, general liability policies issued to you by us, then this policy's Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policies because of such 'occurrence." "For purposes of this endorsement, the term "us" also includes any other company that Is or was part of the Liberty Mutual Agency Corporation division of Liberty Mutual Group," 0 2011 Liberty Mutual Agency Corporation. All rights reserved. CG 84 99 01 12 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 85 87 03 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - EMPLOYER'S LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion e. of Paragraph 2., Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: This insurance does not apply to: e. Employer's Liability "Bodily injury" to: (1) Any "employee" arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) Any other person who'the insured hires to perform work at the direction and control of any insured arising out of and in the course of performing duties related to the conduct of the insured's business; or (3) The spouse, child, parent, brother, or sister of that "employee", or other person that the insured hires to perform work at the direction and control of any insured, as a consequence of Paragraph (1) or (2) above. This exclusion applies: (1) Whether the insured maybe liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "Insured contract". B. Subparagraphs (1)(a) and (1)(b) of Paragraph 2.a under Section If - Who Is An Insured are replaced by the following: (1) "Bodily injury" or" personal and advertising injury". (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, to any other person who the insured hires to perform work at the direction and control of any insured while performing duties related to the conduct of the insured's business, or to your "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee", person who the insured hires to perform work at the direction and control of any Insured, or "volunteer worker" as a consequence of Paragraph (1)(a) above; C. Paragraph S. of the Definitions Section Is replaced by the following: 5. "Employee" includes a "leased worker" or a "temporary worker". All other terms and conditions of the policy remain unchanged. CG 85 87 03 00 Includes Copyrighted Material of ISO Properties, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG887T1208 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MEDICAL EXPENSE AT YOUR REQUEST ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section I - Coverage C - Medical Payments; If Medical Payments or Medical Expenses are not otherwise excluded from the policy, medical expenses will be paid only if an Insured has requested that we pay such expenses. CG 88 77 12 08 Includes Copyrighted Material of IS© Properties, Inc., with its permission. Page 'I of 1 COMMERCIAL GENERAL LIABILITY CG 88 86 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ASBESTOS LIABILITY This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS AND COMPLETED OPERATIONS COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART , This Insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising, in whole or in part, either directly or Indirectly out of the manufacture, storage, processing, mining, use, sale, installation, removal, disposal, distribution, handling, inhalation, ingestion, absorption, or existence of, exposure to or contact with asbestos, asbestos contained in goods, products or materials, asbestos fibers or asbes- tos dust; or 2. Any loss, cost or expense arising out of any: a. Request, demand, order, or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or In any way respond to, or assess the effects of asbestos, asbestos contained In goods, products or materials, asbestos fibers or asbestos dust; or b. Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of asbestos, asbestos contained in goods, products or materials, asbestos fibers or asbestos dust. CG 88 86 12 08 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 'I of 1 COMMERCIAL GENERAL LIABILITY CG 88 8712 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - LEAD LIABILITY This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS AND COMPLETED OPERATIONS COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising, in whole or in part, either directly or indirectly out of the mining, processing, manufacture, storage, distribution, sale, Installation, removal, disposal, handling, inhalation, ingestion, absorption, use or existence of, expo- sure to, or contact with lead or lead contained in goods, products or materials; or . 2. Any loss, cost or expense arising out of any: a. Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of lead or lead contained In goods, products or materials; or b. Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead or lead contained in goods, products or materials. CG 88 8712 08 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 COMMERCIAL_ GENERAL LIABILITY CG 89 94 04 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES : TOTAL POLLUTION EXCLUSION WITH HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Section 1 - Coverage A Bodily Injury and Property Damage Liability is replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which Is or was at any time owned or occupied by, or rented or loaned to, any insured; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of or pro- cessed as waste by or for any insured or any person or organization for whom you may be legally responsible; ` (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing oper- ations or have completed any operations; or (a) From "your product". Subparagraph (a) does not apply to "bodily Injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". Subparagraph (d) does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire" unless any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations or have com- pleted operations to test for, monitor, clean up, remove, contain, treat, detoxify neutralize or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". 10 2012 Liberty Mutual Agency Corporation. All rights reserved. CG 89 94 0412 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 90 25 05 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies Insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS- EXTENDER PROTECTION OF YOUR "LIMITS OF INSURANCE" g WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES g NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE e WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 7 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 4 2012 Liberty Mutual Agency Corporation. All rights reserved. CO 90 25 0512 Includes copyrighted material of Insurance Services Office, Ina, with its permission. Page 1 of 7 With respect to coverage afforded by -this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: I. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply If there Is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not owr, that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge, C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement Is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. -EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to- (i) Premises rented to you for a period of 7 or fewer consecutive days; or (€i) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days, A separate limit of.insurance applies to this coverage as described in Section III - Limits of Insurance. ® 2012 Liberty Mutual Agency Corporation. All rights reserved. CG 90 25 06 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n, do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or tease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included In your premises rental or lease agreement, is not.an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident, and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND a 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. Is replaced by the following: d. All reasonable expenses Incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured Is amended to include as an insured any person or organization whom you have agreed to add as an additional insured In a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising Injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" Is committed, subsequent to the signing of such written contract or written agreement; or m 2012 Liberty Mutual Agency Corporation. All rights reserved. CG 90 25 0512 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has Issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily Injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. With respect to Paragraph t.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this Insurance does not apply to any 'occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". However, if you entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person or organization only applies to the extent permitted by Subchapter C of Chapter 151 Subtitle C of Title 2 of the Texas Insurance Code. We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required In Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability; This insurance does not apply to: a. "Bodily Injury" or "property damage" arising from the sole negligence of the additional Insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 0 2012 Liberty Mutual Agency Corporation. All rights reserved. CG 90 26 0612 Includes copyrighted material of Insurance Services office, Inc., with its permission. Page 4 of 7 C. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing 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; or (2) Supervisory, Inspection, architectural or engineering activities. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following Is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non- contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS- EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional Insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and ® 2012 Liberty Mutual Agency Corporation. All rights reserved. CG 90 25 0512 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 c. Agree to hake available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional Insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED- INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION- MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section il - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners 'or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other `volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the Injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or If coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who Is acting In a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. however, none of these "employees" are insureds for "bodily Injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section €1- Who Is An !nsured Is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period In which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage 8 does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. 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 or qualifies as an insured under this provision. ® 2012 Liberty Mutual Agency Corporation. All rights reserved. CG 90 25 0512 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Rage 6 of 7 L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following Is added to Condition 8. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the Insured unless an insured listed under Paragraph 1. of Section 11- Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional prdmium charge, your policy will automatically provide the coverage as of the day the revision is effective In your state. 0. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical Injury, sickness or disease sustained by a person. This includes mental anguish, mental Injury, shock, fright or death that results from such physical Injury, sick- ness or disease. P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. 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. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and Z. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. ® 2012 Liberty Mutual Agency Corporation. All rights reserved. CG 90 25 05 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 IL00171198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION 1. The first Named Insured shown In the Declarations may cancel this policy by mailing or delivering to us advance writ- ten notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a, 10 days before the effective date of cancellation if we cancel for nonpay- ment of premium; or b. 30 days before the effective date of cancellation if we cancel for any oth- er reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing ad- dress known to us. 4. Notice of cancellation will state the effec- tive date of cancellation. The policy pe- riod will end on that date. 5. If this policy Is cancelled, we will send the first Named insured any premium re- fund due. If we cancel, the refund will be pro rata. if the first Named Insured can- cels, the refund may be less than pro rate. The cancellation will be effective even if we have not made or offered a refund. S. If notice Is mailed, proof of mailing will be sufficient proof of notice. B. CHANGES This policy contains all the agreements be- tween you and us concerning the insurance afforded. The first Named Insured shown In the Declarations Is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. EXAMINATION OF YOUR BOOKS AND D. INSPECTIONS AND SURVEYS 1. We have the right to: a. Make Inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any Inspec- tions, surveys, reports or recommenda- tions and any such actions we do under- take relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition ap- ply not only to us, but also to any rating, advisory, rate service or similar organiza- tion which makes Insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make rela- tive to certification, under state or mu- nicipal statutes, ordinances or regula- tions, of boilers, pressure vessels or elevators. E. PREMIUMS The first Named Insured shown in the Dec- larations: 1. Is responsible for the payment of all pre- miums; and 2. Will be the payee for any return premi- ums we pay. RECORDS F. TRANSFER OF YOUR RIGHTS AND DUTIES We may examine and audit your books and UNDER THIS POLICY records as they relate to this policy at any Your rights and duties under this policy may time during the policy period and up to three not be transferred without our written con - years afterward. sent except in the case of death of an individ- ual named insured. IL 00 17 1198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 If you die, your rights and duties under this policy will be transferred to your legal repre- sentative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services office, Eno., 1998 Page 2 of 2 IL00210908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "Insured" under the policy is also an Insured under a nuclear energy liability poli- cy issued by Nuclear Energy Liabil- ity Insurance Association, Mutual Atomic Energy Liability Underwrit- ers, Nuclear Insurance Association of Canada or any of their succes- sors, or would be an insured under any such policy but for its termina- tion upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory there- of, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agree- ment entered into by. the United States of America, or any agency thereof, with any person or organi- zation. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "haz- ardous properties" of "nuclear materi- al" and arising out of the operation of a "nuclear facility" by any person or or- ganization. C. Under any Liability Coverage, to "bodily Injury" or "property damage" resulting from "hazardous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or op- erated by or on behalf of, an "in- sured" or (b) has been discharged or dispersed therefrom; (2) The "nuclear material" is contained In "spent fuel" or "waste" at any time possessed, handled, used, pro- cessed, i tored, transported or disposed of, by or on behalf of an "insured"; or IL 00 2109 08 0 ISO Properties, Inc., 2007 Page 1 of 2 (3) The "bodily injury" or "property damage" arises out of the furnish- ing by an "Insured" of services, materials, parts or equipment in connection with the planning, con- struction, maintenance, operation or use of any "nuclear facility", but If such facility is located Within the United States of America, its ter- ritories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nucle- ar facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source materi- al", "special nuclear material" or "by-prod- uct material". "Source material", "special ` nuclear mate- rial", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory there- of. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) con- taining "by-product material" other than the tailings or wastes produced by the extrac- tion or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or or- ganization of any "nuclear facility" Included under the first two paragraphs of the defini- tion of "nuclear facility" "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the iso- topes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or pack- aging "waste"; (c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear mate- rial" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing Is located, all operations conduct- ed on such site and all premises used for such operations. "Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission In a self-supporting chain reaction or to con- tain a critical mass of fissionable material. "Property damage" includes all forms of ra- dioactive contamination of property. IL 00 2109 08 ® ISO Properties, Inc., 2007 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - DUTIES This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added to the Duties Condition. We will notify the first Named Insured in writing of: I. An initial offer to compromise or settle •a claim made or "suit" brought against any Insured under this coverage. The notice will be given not later than the 10th day after the date on which the offer is made. IL 01 68 09 08 2. Any settlement of a claim made or "suit" brought against the insured un- der this coverage. The notice will be given not later than the 30th day after the date of the settlement. IL 01 68 09 08 ®ISO Properties, Inc., 2007 Page 1 of 1 ................ . IL 02 75 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REACT IT CAREFULLY, TEXAS CHANGES - CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINES AND COMMERCIAL PACKAGE POLICIES This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY FARM COVERAGE PART - FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement also modifies insurance provided under the following when written as part of a Commercial Package Policy: CAPITAL ASSETS PROGRAM {OUTPUT POLICY) COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERICAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART - FARM LIABILITY COVERAGE FORM FARM COVERAGE PART - LIVESTOCK COVERAGE FORM FARM COVERAGE PART - MOBILE AGRICULTURAL MACHINERY FORM GLASS COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the follow- ing: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation, stating the reason for cancellation, at least 10 days before the effective date of can- cellation. AND EQUIPMENT COVERAGE However, if this policy covers a condo- minium association, and the condomin- ium property contains at least one residence or the condominium declara- tions conform with the Texas Uniform Condominium Act, then the notice of cancellation, as described above, will be provided to the First Named Insured 30 days before the effective date of can- cellation. We will also provide 30 days' written notice to each unit -owner to whom we issued a certificate or memo- randum of insurance, by mailing or delivering the notice to each last mail- ing address known to us. IL 02 75 09 07 @ISO Properties, Inc., 2006 Page 1 of 2 ...................... a. The permissible reasons for cancellation are as follows: a. If this policy has been in effect for 60 days or less, we may cancel for any reason except, that under 'he provisions of the Texas Insurance Code, we may not cancel this policy solely because the policyholder Is an elected official. b. If this policy has been in effect for more than 60 days, or if it Is a renewal or continuation of a policy Issued by us, we may cancel only for one or more of the following reasons: (1) Fraud in obtaining coverage; (2) Failure to pay premiums when due; (3) An increase in hazard within the control of the insured which would produce an increase in rate; (4) Loss of our reinsurance cover- Ing all or part of the risk cov- ered by the policy; or (5) If we have been placed in su- pervision, conservatorship or receivership and the cancella- tion is approved or directed by the supervisor, conservator or receiver. The following condition is added and supersedes any provision to the contrary: NONRENEWAL 1. We may elect not to renew this policy except, that under the provisions of the Texas Insurance Code, we may not refuse to renew this policy solely be- cause the policyholder is an elected of- ficial. Page 2 of 2 2. This Paragraph, 2., applies unless the Policy qualifies under Paragraph 3. be- low. If we elect not to renew this policy, we may do so by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policy will re- main in effect until the `61st day after the date on which the notice 1s mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium. 3. If this policy covers a condominium as- sociation, and the condominium prop- erty contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act, then we will mail or deliver written notice of nonrenewal, at least 30 days before the expiration or anniversary date of the policy, to: a. The first Named Insured; and b. Each unit -owner to whom we is- sued a certificate or memorandum of insurance. We will mail or deliver such notice to each last mailing address known to us. 4. If notice is mailed, proof of mailing will be sufficient proof of notice. 5. The transfer of a policyholder between admitted companies within the same In- surance group is not considered a re- fusal to renew. ISO Properties, Inc., 2006 ........... ... ......... ...... ........ ..... IL 02 76 09 07 TEXAS IMPORTANT NOTICE IMPORTANT CONTACT INFORMATION To obtain information or make a complaint: You may call America First Insurance's toll -free telephone number for information or to make a complaint at 1-800-443-2534 You may also write to America First Insurance at: America First Insurance Company P.O. Box 833906 Richardson, Texas 75083-3906 You may contact the Texas Department of Insur- ance to obtain Information on companies, cov- erages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insur- ance P.O. Box 149104 Austin, TX 78714-9104 FAX# (512) 475-1771 Web: http://Www.tdi.state.tx.U$ E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or America First Insurance first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for Information only and does not become a part or condition of the attached doc- ument. NP 70 68 02 07 TEXAS AVISO IMPORTANTE INFORMACION IMPORTANTE DE COMUNICARSE Para obtener informacion o Para someter una queja: Usted Puede Ilamar al numero de telefono gratis de America First Insurance Para informacion o Para someter una queja al 1-800-443-2534 Usted tamblen Puede escribir a America First Insurance: America First Insurance Company P.O. Box 833906 Richardson, Texas 75083-3906 Puede comunicarse con el Departamento de Seguros de Texas Para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de. Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi,state.tx.us E-mail: Cons umerProtection@tdi.state_tx. us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agents o America First Insurance primero, SI no se resuelve la disputa, puede entonces comunicarse con el departmento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo Para proposito de. informacion y no se convierte en parte o condiclon del documento adjunto. Tilis page intentionally left blank. A�ROa CERTIFICATE 4F LIABILITY INSURANCE °1ti;z/2a 2' 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 CERTIFtCATe HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the polky(ies) must be endorssd. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policlos may require an endorsomenL A statement on thle certificats does not confer rights to the certiflests holder In lieu of such endorssrne a PRODUCER MCCLELLAND AND HINE INC PO BOX 700930 SAN ANTONIO TX 78270-0930 COtNON NAAE:E FAX E-MAIL INSURM31 AFFO*DM COVEIIAGa NAIC 6 ,uauREMA.CHARTER OAK FIRE INS CO 15318 TfnLANDSCAPE DOUBLE LYNCH ENTERPRISES DBA PO BOX 64833 LU13BOCK TX 79464 INSUFAMS: RMMRC, INSURIM D : I *WRIME: f: L;UvI=NAL ttN L;I-N 1 [FIL:A rt NUM6E14• RFV991r7N NI ]MRFR- 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. ILTR NSRJ TYPEOFINSURANCa AODL i LIMITS GENERAL UAEI LITY CeA1MERCIAL GENERAL LIAUTY BI a Am MADE ❑ OCCUR EACH OCCURRENCE i PR s AIED mw a,. s PERSONAL s AOV *QURY 7 GENERAL AGGF bEC3ATE 3 GEWL AGGREGATE UINT APPLIES PER: POLICY LOC PRODUCT$ - GG COMP*P A $ AUTOMOBILC LI.&MLITY i ANY AUTO ALL SCHEDULED AUTO AUTOS D HIREDAUTOS AUTOS � I COMBINEDE BODILY INJURY (Par parson) is BODILY INAJRY (Par acOdOM) ! i S UMERELLA LM Excess Lue HCLAIW3-MADE OCCUR ( EACH OCCURRENCE IS AOOREGATE f RIETENTION Ss A 4MOMERS COMPENSATION AND EMPLOYERS' UABKM ANY PROPRIETORIPARTNEIUEXECUTNE Y! OrrtCERA�EREXCLUDE" t�ya�k" in NHI DE II ON OF ERA below !MIA! I X I UB-8879911-4-12 5125112 5125113 A SW IJFATA FR_ EL EACH ACCIDENT s 500,000 E.L DISEASE • EA EMALOYE - 6 500 000 E.L 01SEASE -POLICY UNIT S 500,000 II DESCRIPTION OF OPERATIONS r LOCATIONS r VEHICLES IAAaab ACORD 10i, Addlbnol RwwM Se1*duK It room wpm* Is squired) - WORKERS COMPENSATION POLICY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER EXCLUDED OFFICERS: DOVVNEY BURNS, MELISSA BURNS, DYLAN BURNS W64:1:A 91 7:aG111 9:311: re IN 111=17 T1rrI-4ffw Ar 13 CITY OF LUBBOCK CIO CITY OF LUBBOCK PURCHASING DEPARTMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOT= MALL BE otEUVtEREO IN ACCORDANCE VATH THIS POLICY PROVISIONS. 1625 13TH ST, STE 204 AUTHOfU EDREPREINENTATNE XA--- LUBBOCK TX 79401 ® lVaa-gUI V ACUHO GUKRURATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I mia+n TRAVELERSAT Report Claims Immediately by CaIIInW 1-800238-6225 Speak directly with a claim professional 24 hours a clay, 365 days a year 'Unless Yaur Policy Requires Written Notice or Reposing WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY A Custom Insurance Policy Prepared for: DOUBLE LYNCH ENTERPMES DBA STAR LANDSCAPE P.O. BOX U833 LUBBOCK TXI%" TRAVELERS' am Tom sauswa HAtTrant CT 04103 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY TYPE V INFORMATION PAGE WC 00 DD tit ( A) POLICY NUMBER: (IOUB-8879911-4-12 ) NEW-12 tNSURER: THE CHARTER OAK FIRE INURANCE COMPANY 1• NC0 CO CODE: 1531 a INSURED: PRODUCER: DOUBLE LYNCH ENTERPRISES OBA MCCLELLAND AND HINE INc STAR LANDSCAPE PO BOX 700930 P.A. Box 733 LtJdBOCK TXx 79464 SAN ANTONIO TX 7827O-0930 Insurod is A LIMITED LIABILITY COMPANY Other work place and Id*ntft4tlon numbers are Mown In the echsdule(s) attached, t The Poft Period Is from 05--.m-12 to 05-2a-t 3 12:01 A.M. al the lMured'a tnaiiing addrssa. 3. A. WORK"M CopAPENSATION INSURANCE. Part one of the Polley appfts to the Workers ComPW44110n Law of the vm*ay hated hem TX IL EMPLOYERS LIABILITY INSURANCE: Part Two of the policy &ppllea to work In 980h slate Listed in Item 3.A. The limits d our kicky under Part Two am 50d1Y ICY by Aecklert i 50MM Each Acokko 11ot31Y lr4ury by Dbfts: S 500000 Poltoy un* 80d1Y lr*" by Dlaesee: i 500000 Each Employee C- OTHER STATES INSURANCE, Part Throe d the policy apol" t0 Nte stelae, ff arry. listed here: AL AR AZ CA CO CT DC DE FL GA HI IA ID IL IN KS KY LA MIA MD ME MI MN MO MS MT NC NE NH NJ NM NV NY OK OR PA RI SC SD TN UT VA VT WI wv D. This Policy Includes these w1doraernents and schedule,: SEE LISTING OF ENDORSEMENTS - SXTL'NSION OF INFO PAGE t �� l� determined by our Manuals d Rules. Oas w4, Rates and Acting to melon and Change by audk to be made ANNUALLY. DATE OF ISSUE: 05-22-12 MC OFFgCE: HomTON Oa6 PRODUCER: MCCUELLAND AND HINg INC o�t�so i I TRAYFLFRS41' 0* TOWER SW ARE RANTFORD, CT 06133 CLASSIFICATION SCHEDULE: CLASSIFICATIONS CODE NO WORKERS COMPENSATION f AND EMPLOYERS LIABILITY POLICY TYPE V INFORMATION PAGE WC 00 00 Ot ( A) POLICY NUMBER: (IOUB-8879911-4-12 ) PREMIUM BASIS ESTIMATED RATES ESTIMATED TOTAL ANNUAL PER $100 OF ANNUAL REMUNERATION REMUNERATION PREMIUM SEE EXTENSION OF INFORMATION PAGE - SCHEDULE(S) SIC -CODE: 0782 TX BOARD FILE NO: STANDARD TOTAL. ESTIMATED ANNUAL STANDARD PREMIUM S 2738 PREMIUM DISCOUNT NONE 0900-42 EXPENSE CONSTANT 200 TERRORISM 10 TOTAL. ESTIMATED PREMIUM 2948 DEPOSIT AMOUNT DUE 2948 Mlnlmum Premium: S 250 DATE OF ISSUE: 08-22-12 W- OFFICE: HOUSTON 086 PRODUCER: W-CL£LLAND AND RIME INC TT043 COUNTERSIGNED -AGENT ` TRAAl' VELERS ml"Fuov CT allies WORKERS COMPENSATION AND EMPLOYERS LIAISILMTY POLICY EXTENSION OF INFO PAGE -SCHEDULE WC 00 00 01 ( A) POLICY NUMBER. (IOUB-8B79911-4-12 ) INSURER: THE CHARTER OAK FIRE INSURANCE COMPANY INSURED'S NAME: DOUBLE LYNCH ENTERPRISES 0BA 16318-TX STAR LANDSCAPE PREMIUM BASIS ESTIMATED RATES ESTIMATED CLASSIFICATION TOTAL. ANNUAL PER S100 OF ANNUAL E REMUNERATION REMUNERATION PREMIUM LOCATION ODi Ot FEIN 364634441 ENTITY CD OOt DOUBLE LYNCH ENTERPRISES OBA STAR LANDSCAPE P.O. BOX 64833 LUBBOCK, TX 79484 LANDSCAPE GARDENING 8 D 0042 48000 5.64 2707 CLERICAL OFFICE EMPLOYEES NOC 88i D 1560 .26 4 TX MANUAL PREMIUM $ 2711 1.00% EMPL. LIAB. INCREASED LIMITS(9807) S 27 EXPERIENCE IMoOtFICATION: NOW MODIFIED PREMIUM NONE TOTAL ESTIMATED ANNUAL STANDARD PREMIUM 2738 EXPENSE CONSTANT(0900) 200 TERRORISM (9740) 10 TOTAL ESTIMATED PREMIUM 2S48 DEPOSIT AMOUNT DUE 2946 DATE OF ISSUE: 06-22-t 2 MC SCHEOULE NO: 1 OF LAST ofai�t I ........................................ TRAVELERS WORKERS COMPENSATION roes rowan WAW AND rwrrrorra, sx eau EMPLOYERS UA131LITY POLICY ENDORSEMENT WC 00 00 et (A) POLICY NUMBER: ( IOC-ar7ssi i -4-i 2 ) LISTING OF ENDORSEMENTS EXTENSION OF INFO PAGE We Vu that the foliovAnp listed endorsements form a part of oft policy on its efledlve date. WC 00 00 01 A - 001 INFORMATION PAGE WC 00 00 01 A - 001 INFORMATION PAGE 2 WC 00 00 Of A - 001 EXTENSION OF INFORMATION PAGE - SCHEDULE WC 00 00 Of A - 00i ENDORSEMENT LISTING WC 00 04 22 A - 001 TERRORISM -REAUTHORIZATION ACT DISCLOSURE WC +42 03 Oi F - 00i TEXAS AMENDATORY ENDORSEMENT WC 42 03 08 00 - 001 TEXAS PARTNERS, OFFICERS AND OTHERS EXCL WC 42 04 OT 00 - 00i TX AUDIT PREMIUM & RETRO PREM ENDT M au We 00 00 00 ( B) (Ed 7-11) The Travelers Insurance Companies (Hach a Stock insurance Company) Hartford, Connecticut WORKEIIS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE poLICY In return for the payment of the premium and subject to all terms of this policy, we agree with you as follows: GENERAL SECTION A. 'file Policy This policy inetrtdes at its effective; date the h&rma• Lion Page and all endorsements and schedules listed there. It Is a contract of insurance between you (the employer named in item l at the information Pap) and us (the irescrtoar named On the hiforrnation Page). The only agreements talating to this insurance are stated in this policy. The terms of this policy may not be changed or waived tE.wgx by endorsement issued by us to be pats of this policy. IL Who is Ineirresd You are insured if you are an employer named in item I of the Information Pegs. If that employer is a part- nership, and it you arc one of its partners, you are insured, but only in your a*wity as an employer of the partnership's employees. G workers CompensatioN Law Workers Compensation Law means the workers or workmen's compensation law and occupational dis. ease law of each state or territory named in Item 3.A. of the Information Page. It includes any annudrments to that law which are in effect during the policy pc.. riot It does not irtclttdp any federal wodzrs or work- rrren's compensation law, any federal occupational disease law or the proviskm of any law that provide nonoecig"ond disability benefits. 0. Stale Slate titans any state of the United States of America, and the DISUtct of Columba& E. I seatfons ibis policy covers all of Your workplaces listed in items 1 or :l of the Information Page; and it covers all other workplace: in item 3.A. stata unless you have Wier iattr we or are self -insured for such work- pLues, PART ONE — WORKERS COMPENSATION INSURANCE A. How This tasumuce Applies C. We Will Ddgld This workers compensation insurance applies to We have the right and duty to defend at our arpense bodily Injury by accident or bodily injury by disem arty claim, procceding or snit against you for benefits Bodily injury includes resulting death payable by this insurance, We have the right to invts- I. Bodily is jury by accident must occur during the tigalc and settle these claims, proceedings or suits. pow mod' We have no duty to defend a claim, proomding or suit 2. Bodily injury by disease mast be caused or aggra- that is not covered by this lmranm. vated by the conditions of your dtmpioyment. The M We Will Also PAY employee's last day of Last aposure to the condl- tionK causing or aggravating srrch bodily Injury by We will also pay throe costs, in addition to other disease must occur daring the policy period. momu payable under this insurance, as part of any II. we wilt Par claim, proceeding Of suit we defend: We will I. to nablt; expenses incurred at oar request, brut pay promptly when due the benefits required of you by the workers compensation law. not loss of eacningr, 2- premiums for bonds to release attachments and for appeal bonds in bond amounts up to the amount payable under this instr m*, Page I of $ 3. litigation costs tared against you; 4. interest on a judgment as required by law until we offer the amount due under this insurance; and S. ccpenses we incur. L Other Insumace F. G. We will not pay more than our share of benefits and costs covered by this insurance and other insurance or self-insurance. Subject to any limits of liability that may apply, all shares will be equal until the lass is paid If any insurance or self-insurance is txhausted, the shares of all retraining insurance will be equal until the )ass is paid Payments You Must Make You are responsible for any payments in excess of the benefits regularly provided by the workers compensa- tion law including those required because: I. of your serious and willful misconduct; L you knowingly employ an employee in violation of low, 3. you fail to comply with a health or safety law or regulation; or C you discharge, coerce or otherwise discriminate against any employee in violation of the workers Compensation law. If we matte any payments in excess of the benefits regularly provided by the workers compensation law an your behalf; you will reimburse us promptly. Recovery From Others We have your rights, and the rights orpersom entitled to the benefrtt of this insurance, to recover our pay menu fmm anyone liable for the injury. You will do everything necessary to protect those rights for us and to help us enforce these. WC00Go00(a) (Ed. 7•1 t) El. Statutory Provisions These statements apply where they are required by law. 1. As between an Injured worker and us, we have notice of the injury when you have notice. 2. Your dethult or the bankruptcy or insolvency of you or your estate will not relieve us of our duties under this insurance after an injury occurs. 3. We are directly and primarily liable to any person entitled to the benefits payable by this insurance. Those persons may enforce our duties; so may an agency aatlt n2od by law. Enforcement may be against us or against you and sot. * Jurisdiction over you is jurisdiction over us for purposes of the workers compensation law. We are bound by decisions agunn you under that taw, subbd to the provisim of this policy that are rot in conflict vvith that law. I This insurance confomus to the parts of the work- ers compensation law that apply to. a. beoOts payable by this insurance; b. special taxes, payments into security or other special Avads, and assessments payable by us under that law. 6. Teems of this insurance that Conflict with the workers compensation law are changed by this statement to conform to that law. Noticing in these paragraphs relieves you of your duties under this policy. PAIR T TWO — EMPL )VERS LIABILITY DiSURANCE A. How This lmaraece Applies This employers liability insurance applies to bodily injury by accident or bodily injury by disease Bodily injury includes resulting death. I. The bodily injury must arise out of and in the course of the injured employee's employment by ),ou- t The employment must be necessary or incidental to your work in a state or territory listed in Item 3. A. of the information Page. 3. Bodily in jury by accident must occur during the policy period 4. Bodily injury by disease must be caused or aggra- vated by the conditions or your employment. The ernployees last day of last exposure to the condi- tions causing or aggravating such bodily injury by disease must occur durin= the policy period. S. If you are sued, the original suit and any related legal actions for damages for bodily injury by ac- cident or by disease must be brought In the United States of America, its territories or possessions, or Canada. a We Will Pay We will pay 311 Sums that you legally mast pay as damages because of bodily injury to your employees. provided the bodily injury is covered by this Way- ers liability insuranam The damages we will pay, where recovery is permitted by law, include daasagea: 1. For which you art liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed against such third Party as a result of injury to your employe L For care and toss of services; and 3. For consequential bodily injury to a spouse, child, parent, brother or suer of the injured employee•, provided that these damages are the direct *me. quenee of bodily injury that arises out of and in the Course of the injured employees employment by you; and 4. Because of bodily injury to your employee that arises out of and in the course of employment, claimed against you in a capacity otter than as employer. G Exclusions This insurance does not cover. 1. Liability assumed under a contract. This exciu- sion does not apply to a warranty that your work will be done in a workmanlike mansux; L Punitive or exemplary damages because of bodily injury to an cmptovae employed in violation of law; J. Bodily injury to an employee while employed in violation of taw with your actual knowledge or the actual knowledge of any of your executive, of. ficers; 4. Any obligation imposed by a workers compensa- tion, occupational disease, unemployment com- pensation, or disability benerris law, or any simi- lar law; 5. Bodily injury intentionally caused or aggravated by you; 6. Bodily in jury occurring outside the United States of America, its territories or possessions, and Canada This exclusion does not apply to bodily we ao 00 00 ( B) (Ed. 7-t f ) in)My to a citizen or resident of the United States of America or Canada who is temporarily outside these countries; 7. Damages arising out ofcoercion, criticism, demo. don, evaluation, reassignment, discipline. defa- mation, hiaxassment, humiltatiorr, discrimination against or termination of any employee, or any Perm" practices, policies, acts or omissions. S. Bodily injury to any person in work subject to the Longdwre and Harbor Workers' Compensation. Act (33 USC Sections 901-950), the Nonappro- priated Furl Instru mmalities Act (5 USC Seca tions 8171-8173), the Outer Continental Shelf Lands Act (43 USC Sections 1331-1356a). the Defeasa Base Act (42 USC Sections 1651-1654), the Pe3eral Coal Mine Safety and Health Act (30 USC Sections 801-9451 any other federal workers or workmeWs corupensation law or other federal occupational disease law, or any amendments to these laws. 9. Bodily injury to any person in work subject to the Federal Bmptoyere Liability Act (4S USC See. tions 5I.60). any other federal laws obligating an employer to pay damages to an employee due to bodily injury arising out of or in the course of employment, or any arreaftents to those hews. 10, Bodily injury to a master or member of the craw of any vessel. 11. Fines or penalties imposed for violation of federal or state law. IL Damages payable under the Migrant and Seasonal Agricultural Worker Protection Act (29 USC Sec- tions ISO 1-1972) and under any other federal taw awarding damages for violation of those laws or regulaliore issued thereunder, and any amend - menu to those laws. D. We Will Defend We have the right and duty to defend, at our expense. any claim, proceeding or snit against you for damages payable by this insurance. We have the right to inves. tiPle and settle these claims,, procoedings and suits. We have no duty to defends claim, proceeding or suit that is not covered by this insurance. We have no duty to derend or continue defending after we have paid our applicable limit of liability under this insurance. Page 3 of e aasi m O r-QPWW t 2oW NaNm d Counci an Cornpare dm rnsuranM too. Aa FtVa rtaw.,W. L We Will Also Pay We MR also pay thew costs, in addition to other amounts payable under this insurance, as pan of any claim, proceeding or suit we defend: 1. Reasonable expenses incurred at our request, but not loss of caminV, 2. Premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance, 3. Litigation costs taxed against you; 4. Interest on a judgement as required by law until we offer the amount due under this insurance, and S. expenses we incur. F. Other Insurance We will not pay more than our share of damages and costs covered by this insurance and other Insurance or self-insurance, Subject to any limits of liability that apply, all shares will be equal until the toss is paid. If any insura= or self-insu ance is exhausted, the shares of all remaining insurance and self-insurance will be equal until the loss is paid. G. Limits of Liability Our liability to pay for damages is limited Our limits of liability arc shown In Item 3.B. of the Information Page. 'Chet' apply as explained below. 1. Bodily Injury by Accident. The limit shown for "bodily injury by accident each accident" is the most we will pay for all damages covered by this insurance because of bodily injury to one or more employees in any one accident. A disease is not bodily injury by accident unless it results directly from bodily injury by accident. A. How This Insurance Applies WC0o0o00(B) (Ed. 7.11 ) 2. Bodily Injury by Diseaw. The limit shown for "bodily injury by disease -policy limit" is the most we will pay for all damages covered by this insur- ance and arising out of bodily injury by disease, regardless of the number of employees who sus- tain bodily Injury by disease. The limit shown for "bodily injury by disease -each empioyee" is the most we will pay for al damages because of bod- ily injuryby disease to any one ernptoyroe Bodily injury by disease does not include disease than results directly from a bodily injury by acci- dent. 3. We will not pay any claims for damages after we have paid the applicable limit of our liability un- der this insurance. B. Recovery From Others We have your rights to recover our payment front anyone liable for an Injury covered by this insurance. You will do everything necessary to protect than rights tbr ua anti to help sus enforce thous. L Acdous Against Us There will be no right of action against us under this Insurance unless: T. You Have complied with all. the terms of this pot- icy; and 2. Thu amount you owe has been dewmined with our Consent or by actual trial and final ,judgement. This Insurance does not give anyone the tight to add us as a defendant in an action against you to deter- mine your liability. The bankruptcy or insolvency of you or your CUM wits not relieve us of our obligations under this Part. PART THAZZ -- OTIFMR STAT&S INSURANCR 1. This other states insura= applies only if one or more states are shown in Item 3.C, of the Infor- mation Page. 2. If ym begin work in any one of those states alter the cffoctivz date of this policy and am not in- surod or are not self -insured for such work, all Provisions of the policy will apply as though that state were listed in Item 3.A. of the Information Page. 3 We will reimburse you for the benefits required by the workers compensation law of that state if we are not permitted to pay the benefits directly to Persons entitled to them. 4. If you have worts on the eI'fb tine date of this pol- icy in any state not listed in Item 3.A. of the In- formation Page, coverage will nut be afrorded for that state unless we are natured within thirty days. 8. NotiGe Tell us at once if you begin work in any state listed in item 3.C. of the Information Page. Page 4 of 0 0 Copyright 2W9 National Counei on Compamlion tnwran % Im AS Rigt h Rttaae *& PART FOUR — YOUR DUTIES IF INJURY OCCURS Tell us at once if injuy occurs that may be covered by this d. Cooperate with us and assist us, as we may request, in policy. Your other duties are listed here, the investigation, settlement or defense of any claim, 1. Provide for immediate medical and other services proceeding or suit. required by the workers eornpcnsadon law. 3. Do nothing after an injuy occurs that would interfere 2. Give us or our agent the names and addresses of the with our right to mcovex from others. injured persons and of witnesses, and other informs- r. Do not voluntarily make payments. assume obliga- tion we may need tions or incur expenses, eweppt at your own cost. 3. Promptly give us all notices, demands and legal papers related to the injury. claim, proceeding or suit. A. IL C. PART FM — PREMIUM Our Manuals All premium for this policy will be determined by our manuals of rules, rates, rating plans and classifia- tians. We may change our manuals and apply the changes to this policy if authorized by law or a gov- ernmental agency regulating this insurance. Clasaifieatisas Item 4 of the Information Page shows the rate and premium basis for certain horsiness or work clasdfica- tions. 'Theca classifications were assigned based on an estimate or the arposams you world have daring the policy period. If your actual wgmutes are no properly described by those classifications, we will assign proper classification& rates and premium bans by endorsement to this policy. Remuneration Premium for each work classification is determined by multiplying a rate tines a premium basis. Remunera. €ion is the that common premium basis. This pm- mium basis includes payroll and all other mmunera- tion paid or pa)zblc during the policy period for the services of: 1. All your officers and employees engaged in work covered by this policy; and 2. All other persons engaged in work that could make us liable under Part One (Workers Com- pensation Insurance) of this policy. 1f you do not have payroll records for these persons, the con- tract price for their saviors and materials may be used as the premium basis. This paragraph 2 will not apply it you give us proof that the employers of these persons lawfully secured their workers compensation obligations. D. Prernhars Payinatts You will pay all premium when due. You will pay the premium me if part or all of a workers compensation law is not valid L Final Premium The pmnunt shown on the lnformation Page, schedules, and endorsements is an eWmata. The final premium will be determined after this policy ends by using the actual, not the estimated, premium basis and the proper classifications and rates that lawfully ally to the business and work covered by this pollcy. If the final premium is more than the premium you paid to us, you must pay us the balance if it is less, we will refund the balance to you. The final premium will not be lee than the highest minimum premium for the classifications covered by this policy. If this policy is canceled, final premium will be de- termined in the ibliaMng way unless our manuals provide otherwise: 1. If we camel, final premium will be calculated pro rats based on the time this policy was in force. Final premium will not be less than the pro rate sham of the minimum. premium. 2. If you cancel, final premium will be more than pro rate: it will be based on the time this policy was in forte, and increased by our short -rate can. c Nation table and proeedam. Final premium will not be less than the minimum premium. F. Records You will keep records of information needed to compute premium. You will provide us with copies of those records when we ask for theme. C. Audit You will let us examine and audit all your records that relate to this policy. These records include ledgem journals, registers, vouchers, contracts, tax reports, I om� O CoprVA 2009 Helicon Counca a+Campeswow tnsun ncs, Inc. All Righls Roarvsd. Page 5 of e WC 00 00 00 ( 8) (Ent. 7-11) 3 payroll and disbursement records, and programs for ends. information devvloped by audit wilt be used to storing and retrieving data. We may conduct the au- determine final premium. lawance rate service or- dits during regular business hours during the policy ganizations have the same rights ue have under this period and within three years after the policy period provision. PART SIX -- CONDITIONS A. Inspection . D. Cancellation We have the right, but are not obliged to inspect your L You may cancel this policy. You must mail or workplaces at any time. Our inspections are not safety deliver advance written notice to us stating when inspections They relate only to the irerrrabiGty of the the cancellation is to take cf cct. workplaces and the premiums to be charged. We may givv you reports on the conditions we find We may t We may caned this policy. We must mail or de- also recommend changes` While they may help reduce liver to YOU not toss than ten days adva m written nothm stating when the cancellation is to take cf. losses, we do not undertake to perform the duty of any person to provide for the health or safety of your em- feet. Mailing that notice to you at your mailing ployees or rite public. We do not warrant that your address shown in item I of the Information Page will be sufficient to prove notim workplaces are safe or healthful or that they comply with laws, regulations, codes or standards. insurance 3• The policy period will and on the day and hour rate service organizations have the same rights we stated to the cancellation notice. have under this provision. 4. Any of time provisions that conflict with a law & Lang Tenn Policy that controls rite Caaceltation of the insurance in If the policy period is longer than one year and sixtm this policy is changed by this statement to comply days, all provisions of this policy will apply as though with the latw, a new policy were isserod on each annual anniversary & Sole ltepn metative that this policy is in force. The insured first Warned in Item I of the Information C. Transfer of Year Rights and Duties Page wM at on behalf of all insureds to change this Your rights or duties under this policy may not be policy, receive Mum premimn, and give or receive notice of cancellation, transferred without our written consent. tf you die and we receive notice within thirty days after your death, we will cover your legal representa- tive as insured, In ,fitness whereof, the cemo=y has caused this policy to be shined by its President sod Secretary at Hartford, Connecticut and catntersigced on the Irtforoadon pale by a duty authorized &gat of the company. Smmtary Page 8 of 6 0 CoPrW 2009 Na borW Courvel an Cninpw"lon Ina MMO. tn0. AN Ruffs Reow" TRAVELERS walcE�s COMPENSATION AND ONE TOYER 9q US EMPLOYERS UA131LITY POUCY NARTMO, CT "143 ENDORSEMENT WC 00 04 22 (A) POLICY NUMBER: (I01.18-8B79911-4-12) TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT DISCLOSURE ENDORSEMENT This endorsement addresses the requirements of the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of 2007. it serves to notify you of certain limitations under the Act, and that your insurance carrier Is charging premium for losses that may occur in the event of an Ad of Terrorism. Your polity provides coverage for workers compensation losses caused by Acts of Terrorism, Including workers compensation benefit obligations dictated by state law. Coverage for such losses Is still subject to ail terms, definitions, exclusions. and conditions In your policy, and any appik:abis federal and/or state laws, rules, or regulations. Definitions The definitions provided in this endorsement are based on and have the same meaning as the definitlons in the Act. If words or phrases not defined In this endorsement are defined In the Ad, the definitions in the Act will apply. "At2" means the Terrorism Frisk Insurance AA of 2002. which took effect on November 20, 2002, and any amendments thereto resulting from the Terrorism Risk Insurance Program Reauthorization Ad of 2007. "Act of Terrorism" means any act that Is certified by the Secretary of the Treasury, In concurrence with the Secretary of State, and the Attorney General of the United States as meeting all of the foiiowing requirements: a. The act is an ad of terrorism. b. The act is violent or dangerous to human life, property or infrastructure. r" The ad resulted in damage within the United States, or outside, of the United States in the case of the premises of United States missions or certain air carders or vessels. d. The act has been committed by an individual or individuals as part of an effort to coerce the civilian popula. tion of the United States or to Influence the policy of affed the conduct of the United States Government by coercion. "Insured loss" means any loss resulting Itrom an act of terrorism (and, except for Pennsylvania. including an act of war, in the case of workers compensation) that is covered by primary or excess property and casualty Insur- ance Issued by an insurer if the loss occurs In the United States or at the premises of United States missions or to certain air tartlets or vessels. "Insurer Deductible" means, for the period beginning on January 1, 2006, and ending on December 31, 2014. an amount equal to 20% of our direct earned premiums, over the calendar year immediately preceding the applica- ble Program Year. "Program Year" refers to each calendar year between January 1, 2008 and December 31, 2014. as applicable. Limitation of Liability The Ad limits our liability to you under thls policy. If aggregate Insured Losses exceed $100,000.000.000 in a Program Year and if we have met our Insurer Deductible. we are not liable for the payment of any portion of the amount of Insured Losses that exceeds $100,000,000,000; and for aggregate insured Losses up to $100,000,000,000, we will pay only a pro rats share of such insured Losses as determined by the Secretary of the Treasury. DATE OF: ISSUE: 03-22-12 ST ASSIGN; Page t of 2 OWN rRAVFi� s k WORKERS COMPENSATION AND ONE TOYER SWAM EMPLOYERS LIABILITY POLICY HART 00j. CT 06163 ENDORSEMENT WC 00 04 22 (A) POLICY NUMBER: (IWB-8879911-4-12) Policyholder Disclosure Notice 1. Insured Losses would be partially reimbursed by the United States Government. If the aggregate industry insured Losses exceed $100,000,000 In a Program Year. the United States Government would pay 85% of our Insured Losses that exceed our Insurer Deductible. 2. Notwithstanding Item 1 above, the lfiked States Government will not make any payment under the Act for any portion of insured Losses that exceed $100,000,000,000. S. The premium charge for the coverage your policy provides for Insured Losses is included in the amount shown In Item 4 of the Information Page or in the Schedule below. Schedule state Rate Premiurn This endorsement changes the policy to which It Is attached and Is effective on the date Issued unless otherwise stated. (The Information below is required only when this endorsement Is issued: subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium S Insurance Company Countersigned by ..................................................................... ... ............. 4 TRAVELERS'r ma rowan sar~aa WORKERS COMPENSATION IrOVNOp CT 04133 AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 03 41 (F) POLICY NUMBER: (;OIUB-a8799f 1-4-12 ) TEXAS AMENDATORY ENDORSEMENT This endorsement apples only to the insurance provided by the policy because Texas Is shown in Item 3A. of the Information Page. GENERAL SECTION B. Who Is Insured is amended to read; You are Insured If you are an employer named in Item 1 of the Information Page. If that employer is a partnership or joint venture. and if you are one of its partners or members, you are insured. but only in your capacity as an employer of the partnershlos or joint ventuWa employees. D. State is amended to read: State means any state or territory of the United States of America. and the District of Columbia. PART ONE -WORKERS COMPENSATION INSURANCE E. Other Insurance is amended by adding this sentence: This Section only apples if you have other insurance or are self -insured for the same loss. F. Payments You Must Make This Section is amended by deleting the words "workers oompensatlW from number 4. H. Statutory Provisions This Section is amended by deleting the words *after an Injury occurs" from number 2. ^ PART TWO -EMPLOYERS LIABILRY INSURANCE C. Exclusions Sections 2 and 3 are amended to add: This exclusion does not apply unless the violation of law caused or contributed to the bodily injury. Section 0 is amended to read: 6. bodily injury occurring outside the United States of America, its territories or possessions, and Canada. This exclusion does not apply to badly Injury to a citizen or resident of the United States of America, Mexico or Canada who is temporarily outside these countries. D. We Will Defend This Section is amended by deleting the last sentence. PART FOUR -YOUR € UTIES IF INJURY OCCURS Number d of this part is amended to read: 6. Texas law allows you to make weekly payments to an injured employee in certain instances. Unless authorized by law, do not voluntarily make payments, assume obligations or Incur expenses, except at your awn cast. PART FfVE-PREMIUM A. Our Manuals is amended by adding this sentence: In this part, 'our manuals" means manuals approved or prescribed by the Texas Department of Insurance. DATE OF ISSUE 05-22-12 ST ASSIGN: Raga i of 3 U2ft�7 TRAVEZERSr an TQW131t S"RE HARTFoM, CT 04193 C. Remuneration Number Z Is amended to read: WORKERS COMPENSATION AND EMPLOYERS LIABIUTY POLICY ENDORSEMENT WC 42 03 011 F) POLICY NUMBER (IOUB-8979911-4-12 ) 2. All other persons engaged In work that would make us liable under Part One (Workers Compensation Insurance) of this policy. This paragraph 2 will not apply d you give us proof that the employers of these persons lawfully secured workers compensation Insurance. E. Final Premium Number 2 Is amended to read: 2. If you cancel, final premium will be calculated pro rate based on the time this policy was in force. Final premium will not be less than the pro rate share of the minimum premium. PART SIX -CONDITIONS A. Inspection is amended by adding this sentence: Your failure to comply with the safety recommendations made as a result of an Inspection may cause the policy to be canceled by us. C. Transfer of Your nights and Dunes is amended to read; Your rights and duties under this policy may not be transferred without our written consent. If you dle, coverage will be provided for your surviving spouse or your legal representative. This applies only with respect to their acting in the capacity as an employer and only -for the workplaces, listed in Items 1 and 4 on the Information Page. D. Cancelation is mended to read: 1. You may cancel this policy. You must mail or deliver advance notice to us stating when the cancelation Is to take effect. 2. We may cancel this policy. We may also decline to renew It. We must give you written notice of cancelation or nonrenewal. That notice will be sent certified mail or deiivered.to you In person. A copy of the written notice will be sent to the Texas Workers' Compensation Commission. 3. Notice of cancelation or nonrenewM must be sent to you not later than the 3tkh day before the date on which the cancetation or nonrenewal becomes effective, except that we may send the notice not later than the 4 Oth day before the date on which the cancellation or nonrenewal becomes effective if we cancel or do not renew because of. a. Fraud In obtaining coverage; b. Misrepresentation of the amount of payroll for purposes of premium calct4ation: C. Failure to pay a premium when payment was due; d. An Increase In the hazard for which you seek coverage that results from an action or omission and that would produce an Increase in the rate, indenting an increase because of failure to comply with reasonable recommendations for loss control or to comply within a reasonable period with recommendations designed to reduce a hazard that Is under your control; e. A determination by the Commissioner of Insurance that the continuation of the policy would place us In vtolation of the law, or would IDS hazardous to the Interests of subscribers, creditors, or the general public. 4. if another insurance company notifies the Texas Workers' Compensation Commission that it is insuring You as an employer, such notice shag be a cancelation of this policy effective when the other policy starts. OATS OF ISSUE: 05-22-12 ST ASSIGN: Page 2 of 3 TRAVELERSJ MM TONER SQUAW WORKERS COMPENSATION HARTF01M, CT 06283 AND EMPLOYERS LIABILITY POUCY ENDORSEMENT WC 42 03 01 ( F) POLICY NUMBER: (I0t)5-8879911-4-12 ) PART SEVEN -OUR DUTY TO YOU FOR CLAIM NOTIFICATLON A. Claims Notification We are required to notify you of any claim that Is flied against your policy. Thereafter we shall notify you of arty proposal to settle a dakn at, on receipt of a written request from you, of any adrmlmstralive or judicial proceeding relating to the resolution of a daim, Including a benefit review conference conducted by the Texas Workers' Compensation Commission. You may, in writing, elect to waive this notification requirement. We shall, on the written request from you, provide you with a list of claims charged against your policy, payments made and reserves established on each claim, and a statement explaining the effect of claims on your prermlum rates. We must furnish the requested Information to you in writing no later than the 30th day after the date we receive your request. The information is considered to be provided on the date the Information Is received by the United States Postal Service or Is personally degvered. COMPLAINT NOTICE: SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR ABOUT A CLAIM THAT YOU HAVE FILED, CONTACT THE AGENT OR WRITE TO THE COMPANY THAT ISSUED THE POLICY. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE THE TEXAS DEPARTMENT OF INSURANCE, P.O. SOX 149091, AUSTIN, TEXAS 78714-9091, FAX * (512) 473-1771. THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THIS POLICY. DATE OF ISSUE: 00-22-12 ST ASSIGN: Page 3 of 3 *Ulu a TRAVELERS) WORKERS COMPENSATION an Ta1tE11 Sq"wG AND BARTFORbs CT 06193 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 4103 09 (00) - 001 POLICY NUMBER. (IMS-8879911-4-12 ) TEXAS PARTNERS, OFFICERS AND OTHERS EXCLUSION ENDORSEMENT The Policy does not cover badly injury to any person described in the Schedule. The premium bads for the policy does not include the remuneration of such persons. You will reimburse us for any payment we must m2k6 because of bodily injury to such persons. Schedule Partners Officers Others 00"Y BURNS MELISSA BURNS OYLAN BURNS Sole Pmprletor DATE OF ISSUE: 05 -22-t 2 ST ASSIGN. Page 1 of 1 .................. ' TRA'r VELERS Md I MiR SQUARE RARTFQRO, Ur 0618E WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 04 07 (00) POLICY NUMBEFt' ( IOW-857M I -4-12 ) TEXAS —AUDIT PREMIUM AND RETROSPECTIVE PREMIUM ENDORSEMENT Section D of Part Five of the policy is replaced by the following provision: PART FIVE --PREMIUM D. Premium Payments You will pay all premium when due. You will pay the prernium even it pert or ON of a workers compensation law is not valid. The tilling statement or invoice for audit additional premiums and/or retrospective additional premiums establishes the date that the premium is due. This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. (The information below is required only when this endarsement is issued subsequent to preparation of the policy.) --- Endorsement Effective Policy No. Endorsement No. Insured Premium $ insurance Company Countersigned by DATE OF ISSUE: 05-22-12 3T ASSIGN: Page t of i t ossw onsss I IMPORTANT NOTICE — INFORMATION OR COMPLAINTS — TEXAS To obtain information or make a complaint: You may call Travelers toll4ree telephone number for information or to make a complaint at: 1400-328-2189 You may contact the Texas Department of Insurance to obtain Information on companies, coverages, rights or complaints at: 14W252,3439 You may write the Texas Departmerd of Insurance P.O. Box 149104 Austin, TX 73714-9104 FAX (512) 475.1771 and Web: hale& w.tdi.3tate.tx.us E-mail: ConsumerProtectionQtdl.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should wntad your Agent or 'Travelers first. If the dispute Is not resolved, you may contact the Texas Oepertment of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for infomtation only and does not become a part or condition of the attached document. W42M4H10 AVISO IMPORTANTE — INFORMAC16N O QUEJAS TEXAS Para obtener Infortrrad6n o para someter Una queja: Usted puede Ilamar al numeeo de telefono gratis de Travelers para Informaci6n o para someter una queja al 1-800-32&2199 Pueda cmnunicarse con el Departamento de Seguros de Texas pare obtener informacft acerea de Com- panies, cobartures. derechos a quejas al 1400-262-Mt Puede ewAbir at Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX (612) 475-1771 and Web: Otto://www;td{,.g t . .t s E-mail: ConsumeWrotection(IDtdi.state.tx us ISSPUTAS SOBRE PRIMA$ O RECLAMOS: St -tiene une dispute concemiente a su prima o a un reclamo. debe comunicarse can at Agente o Travelers primero. Si no se resuelve la dispute, puede entonces comunio- arse Con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo pare pnaposito de Informacift y no se convierte en parts o condlcion dot documento adjunto. Page Iof1 IMPORTANT Policy Audit Information Dear Policyholder: This policy is issued with an estimated premium based upon Information provMed through your Producer. This premium Is subject to adyustment at the end of the policy period. At that time, you may receive a request for information In the mail or a premium auditor may contact you to review the necessary records. The information developed Is needed to determine the Onal earned premium for this policy. Record Maintenance In order to facilitate audit service, it Is necessary to maintain proper records and have them available at the proper time. Based on the mature of your business, some of the following data will be necessary to complete the audit: 11. General hedger, Financial Statements L Payroll Records, Time Books, State Unemployment Returns, FICA Returns, individual Earnings Records -Monthly totals separated by type of worit and overtire. 5. Cash Receipts, Sales Journal 4. Cash Disbursemerds Journal - Including subcontradors. casual labor and material costs. L Certificates of Insurance IMPORTANT COVERAGE NOTE: If you utittze subcontractors whose legal status Is that of sole proprietor/partner, we may charge premium for these persons as provided under Part 5 of the policy contract even though certificates of Insurance may exist. Please contact your producer if you have any questions regarding your Workers' Compensation coverage needs. am Work in Other States J= Please advise your Producer if employees are hired for work in states other than those listed in Item 3. of your policy. This will enable your producer to consider your need for coverage in accordance with state laws. We appfeclate the opportunity to serve you. If you have any questions about the enclosed policy or any Insurance matters please contact your producer or your Company representative. lo ME M WUNN7FOa j{ GQ6E�! 1 .� TEXAS NOTICE OF ACCIDENT PREVENTION SERVICES Travelers is required by law to provide its poticyholdem with certain accident prevention services as required by the Texas Labor Code, $ 411.466, at no additional charge and return -to -work coordination services as required by Texas Labor Code 103.021. It you would like more information. call Travelers loss control division at (214) $70.6575 (Dallas area) or (281) 606.8534 (Houston area) for accident prevention services or for return -to -work coordination services. It you have any questions about this requirement, call the Division of Workers' Health and Safety, Texas workers' Compensation Commission at 1400487-1080. Notice To Policy Reciplertt: N you are not the person directly responsible for the accident prevention activities of your company in Texas, please direct than safety services routes to fire person directly responsible for accident prevention activities. I W42M4Q10 azei�� 4 Page 1 of 1 r] State of Texas Important Lou Control information Texas Department of Insurance, Division of Work*W Compensation Rule 169.4(cX2)(E) requires that workers' compensation Insurance carriers solicit comments from each policyholder at feast every 12 months, to detannine the need for safety Information or assistance. The attached Safety Services notice describes the services which are available to you at no additional charge, and where you may obtain them in the State of Texas. If you need accident prevention assistance, have questions, or wish to bring an issue to our attention, phone us or write your comments below and either fax or mail this form to the Travelers Risk Control office listed below. FAX* (214) 5704690 Phones (214) 570.6482 Travelers 1301 E. Collins Blvd. Richardson, TX 75001 Attn: Risk Control Comments r� ME M Policy 9 (it known): Insured Name* Address: Phone A FAX Number: Completed By: TXW Date: W42M4H07 a�i�rs TRAVELER54071" SAFETY SERVICES Notl54 to policy recipient: if you are not cite person directly responsible for the accident prevention activities for your company, please direct this Safety Services notice to the person that is directly responsible for them. SAFETY IS OUR CONCERN Thank you for purchasing your insurance from one of the writing companies owned or managed by The Travelers Companies, Inc. We appreciate your business and welcome the opportunity to be of service. An important part of that service concerns safety and accident prevention. Travelers Riau Control department has the experience, resources and capabilities to provide a range of safety servicxs, including sae surveys, phone consultations, as well ani provide access to numerous safety -related materials. We have experience in a variety of industries, some of which include manufacturing, wholesale and retail businesses, service organizations, technology- relate! business, ON and gas -based business, and the public $Odor. Following are some examples of available safety services: PreveMon — Our staff can help you Identify prosent and potential hazards in your Operations. premises and equipment, and recommend measures for reducing or eliminating these hazards. A cid u — Although you investigate and keep records of accidents, we are available to assist if needed. MM COnsultattons — Our Consultants can help you with special problems such as ergonomics and human factors. lndUW,W MkIMIMMIth— We have the facilities and resources to answer your questions concerning Job related industrial hygienetheaithh Issues and to measure exposure to industrial hygiene hazards. We can provide you with tOp-tch safety -related literature, CDs. DVDs, and videos to assist In your loss control efforts. Also, vre can dkect you to several vendors who are able to provide additional safety materials. including brochures, pamphlets and digital media. safety Training — We offer face-to-face Classroom COurses, as well as distance learning programs that explore the risks our pollcyhotders face and ways for them to control losses. t — We can assist you Will several aspects of the post injury management Process• 10WMA— Visit our Risk Control webeite for srxess to Our safety newsletters and Other safety literature at: IMP:Itwww.travatem.comfrriskcordroi This webslte also has links to other sefety-related Irdemet sites. P se note For ALL, loss CODIM 4821sunce which IsIstedga One ofthafalloggingpageg, These services Ore available upon roquest. See the remainder of this document for the Travelers' Risk Control office nearest you, Thgge ohgneflgg&GA shouidAoj bg f or claims, o f WUNT3812 e 201 f The TraveWrs Indamnlny Compmy. M n9r" rm vet. als"s rage 1 of S " CERTIFICATE OF LIABILITY INSURANCE �11/1&2012 11f151'1012 MS CERnI`ICATE IS ISSUED AS A MATTER OF INFORMATIOM ONLY AND CONFERS NO RKUM UPON THE CERTIFICATE HOLDER TMB CERTIFICATE DOES NOT AFEIRMATTVsi<1Y OR NEGATIVELY AMEND, OCTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCM?S BELOW. THIS CERTMCAT'E OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE 1$04JING DJ8URER(Sb AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IWm wW comfld" he poky, MPORTANT. If the cwfflkats holdw Is a - ADDITIONAL INSURED, th* Pd y(Rss) mug be srtd mmL tf SUBROGATION IS WAIVED, subject to d%* Owflfv"ft hokkr In wu of is9 '► m andorsu ►Y. A ela ntnl an this carUficris do" not confrr rvft to thr "'owKEN MARSHALL STATE FARM INSURANCE co 7805 SLIDE RD PHM 5 aLUBBOCK TX 79424 A KEN.MARSHALL.84SH ATEFARM.COM II�IrItlgJ A t DOUBLE LYNCH ENTERPRISES r: 18M FM 2378 c: LUBBOCK, TX 7W7 0: THIS IS TO CERTIFY THAT THE POLICIES OF IN9URANCfi rtCYl.`wj" NI�Ra; lIDICATED. NOTVI�1iISTAJID11I4 ANY REQUIREMENT, TFJtAI OR CONDITION OF ►illy ISSUED 7O THE INSURED NAMED ABOVE FOH THE POLICY PEMm NTRACT OR OTHER VOCU&IENT Will RESPECT To V&" TH18 CERTIFICATE MAY BE ISSUED OR MAY PEFTrAIN, THE INSURANCE AFFORDED BY THE POlKX8 DESCRIBED HEREIN Ig SUBJECT TO ALL THE TEWS, EXCLUSIONS AND CONDrnONS OF SUCH PQLKX& LIMITS SHOM JAAY HAVE BEEN REDMW BY PAD CLAIMS. NJ K ... In�■ _ �r wim In ae"t AGGMR3ATE LWT APPUES PER A AUTotJme UwertrTY 1 ZRI S09749543 rpaOp x S[t � 128 �-43mAUTOS 1408 NOWNWIED m u a 0710M►►M2 spxxzum Ql2m2H1lwmymwrwryErY"oV]2eimmix""Z ANO fsfll.0W!r ' UWJTV Y 1 N - A AW PACFWlFTOFW'-RTWeRl2XECUTNE EMMUOEb! M J A EL EAcif ACdt7EK S w 9g dgplb� �n6r E.L OISEAN . ILA EMPLOM s 0E9C7tl qW" OF OPIMATIG1rt1 J LOCATIOH� ! Yt E! {N4ioh ACOIIO fH• AdaNwY Jr�ka ltcrri�tti M mw� q�p� f.1�HiyI PROJECT: NORTH POINT DISTRICT HOUDAY LJC,I-MNG AND THE OFFICERS, EMPLOYEES AND ELECTED REPRSeWATIVES QU 13-11030-TL CITY OF LUBBOCK SHOULD ANY OF Tilts ABOVE DHECRWD POLKXS = CAMCXrLLW i THE E"VAMN wP ° OPURCNASNO S CONTRACT MANAGEMENT ACCO WITH DATE 162S 13TH ST ROOM 2" LUBBOCK, TX 79401-3830 AIrTA0I�0#lITA7HE ACORD 25 (201 Q" ®198M.2010 ACt CORPORATICNL AI) rlgtrts rwrrvrtt The ACORD rwms wW logo WO roglftW marts of ACORD 100,1486 13284&7 03-01-2012 TE 99 01B ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement is a part of your policy. Except for the changes it makes, all other terms of the policy remain the same and apply to this endorsement. It is effective at the same time as your policy unless a different effective date is specified by us in writing. If issued at a later date the name, policy number and effective date must be shown. Issued by the STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or the STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois, or the STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas, as shown by the company's name on the policy of which this endorsement is a part. Named Insured Double Lynch Enterprises Policy Nwnber 128 5097-A05-43 Effective Date November 15, 2012 The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement, City of Lubbock Purchasing & Contract Management 162513th ST Room 204 Lubbock, TX 79401-3M30 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. The additional Insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid by you. You are authorized to act for the additional insured In all matters pertaining to this insurance. is by us, we will give Thirty days notice to the additional insured. The additional Insured will retain any right of recovery as a claimant under this policy. FORM TE 99 018 - ADDITIONAL INSURED Texas Standard Automobile Endorsement Ed. Effective October 1,1988 TE 99 01 B ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement is a part of your policy. Except for the changes it makes, all other terms of the Policy remain the same and apply to this endorsement. It is effective at the same time as your policy unless a different effective date is specified by us in writing. If issued at a later date the name, policy number and effective date must be shown. Issued by the STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or the STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois, or the STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas, as shown by the company's name on the policy of which this endorsement is a part. Named Insured Double Lynch Enterprises Policy Number 128 60ME28-43 Effective Date November 15, 2012 The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. City of Lubbock Purchasing & Contract Management 162513th ST Room 204 Lubbock, TX 79401-3830 is an insured, but only with respect to legal responsibility for acts or omissions of a person for wham Liability Coverage is afforded under this policy. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid by you. You are authorized to act for the additional insured In all matters pertaining to this insurance. is by us, we will give Thirty days notice to the additional insured. The additional insured will retain any right of recovery as a claimant under this policy. FORM TE 99 01B - ADDITIONAL INSURED Texas Standard Automobile Endorsement Ed. Effective October 1,1988 TE 99 01 B ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORMA TRUCKERS COVERAGE FORM This endorsement is a part of your policy. Except for the changes it makes, all other terms of the policy remain the same and apply to this endorsement. It is effective at the same time as your policy unless a different effective date is specified by us in writing. If issued at a later date the name, policy number and effective date must be shown. Issued by the STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or the STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois, or the STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas, as shown by the company's name on the policy of which this endorsement is a part. Named Insured Double L nch Enterprises Policy Number 140 0608-F30-43 Effective Date November 15, 2012 The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. City of Lubbock Purchasing & Contract Management 1625 13th ST Room 204 Lubbock, TX 7MI-3830 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. The additional insured Is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid by you. You are authorized to act for the additional Insured in all matters pertaining to this insurance. is by us, we will give Thirty days notice to the additional insured. The additional Insured will retain any right of recovery as a claimant under this policy. FORM TE 99 018 - ADDITIONAL INSURED Texas Standard Automobile Endorsement Ed. Effective October 1, 1988 '`'� CERTIFICATE OF LIABILITY INSURANCE WWDIW 2i12/201122 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: it the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT Co®mnC8R03 NAME: Ashmore & Associates Insurance Agency, LLC PHONE (806) 771-43sH FAX (806)771-4368 6102 82nd St Ste6 E-MAIL Bldg. # 6 INSURER AFFORDING COVERAGE NAIC e INSURER A -America First Insurance 12696 Lubbock TX 79424-0803 INSUFNED INSURER B : INSURER C : Star Lands cape , LLC ROMERD: PO Box 64833 INSURER E INSURER Lubbock TX 79464 CUVFJiAUES CERTIFICATE N11MRFR•12/13 M=XnQtnW NIILERPP- 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. MISR I TYPE OF MSURAHCE POLICY EFF POLICY EXP LIYTS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLNMS-MADE Fx-] OCCUR BW (13) 55221699 /31/2012 /31/2013 EACH OCCURRENCE $ 1,000,0( DAMAGETORMTror— MEO EXP Wpy one $ 1,000,0( $ 15,0( PERSONAL & ADV INJURY $ 1,000,0( GENERAL AGGREGATE $ 2,000,0( GEN L AGGREGATE LIMIT APPLIES PER: PRO- RO LOC -Xi POLICY JFQT PRODUCTS - COMPtOP AGG $ 2,000,0( $ AUTOMOBILE LIASILMY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED NF=0W BODILY INJURY (Per person) $ BODILY INJURY (Per accidm!) $ PROPERTY DAMAGE _ $ UMBRELLA LIAe EXCESS LLAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREQATE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY J ANY PROPRIETORIPAR'TNERJEXECUTi R4 M9ER EXCLUDED? u yyppBtr DESC:RIP'TION OPERAT ?I ! A WC STATU OTH E.L EACH AC�VT $ EL DISEASE - EA EMPLO $ EL DISEASE - POLJCY OMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEF UES (A1hdr ACORD 101, AddMord Rernarks Schedul% H more Spam in rw Mrod) Certificate holder is named as additional insured on the General Liability as required by written contract. Waiver of Subrogation is provided in favor of the certificate holder with regards to General Liability. XT1313-10961-CI Endorsement #11094 City of Lubbock c/o Purchasing Department 1625 13th Street, Suite 304 Lubbock, TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORUED REPRESENTATIVE s Beth Ashmore/TRISTA ACORD 25 (201OA05) 01988-2010 ACORD CORPORATION. All rights mserve IKIQflOK rn '-n n, T{.w A/+n�n .....r 1..................r..+.......r ...n....1.r...I A/+A[7n ..... ....... . ACCM&CERTIFICATE OF LIABILITY INSURANCE ,ti,�n012 THIS CERTIACATE IS IS,SUW AS A MATTER OF INFORMATION ONLY AND COS NO RIGHTS UPON TFE CERWICAlE HOLDEFL THIS CERTIFICATE DOES NOT AFFIRMIATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE pOL)m BELOW. THIS CERTMATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE asumO #*WRERM), AUTHIORl2D REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER *rM W NT: If the eertl�flcate holder 4 an ADDITIONAL INSURED, tM paiby(ias) mud be endorsed. if ;SUBIi00ATION IS WAiVED� subject to the tuTgs arld eondHiona of the policy, asrtein pad" may rsqulr* An the rights endDromor t. A shftno rt on thle osrtllleate does not ronfD++r to certtticete holder in Neu of such fie), PRODUC= KEN MARSHALL STATE FARM INSURANCE NANe: I _ 7805 SLIDE ROAD Q LUBBOCK, TX 79424 Wit"em. KEN.tA6RSlj8LL.54S AfEFARM_� .�Nm�.�o�a oau�nae. ��—wuc ► DOUBLE LYNCH ENTERPRISES e: 1806 FM 2378 c- — --- LUBBOCK, TX 78407 o: ` — THIS 18 TO CERTIFY THAT THE POLNKS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAIYIED ABOVE FOR THE !'i3l[CY PERIOD INDICATED, HOTWITHS ISSUED DG ANY Y R2EI+ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT YNTH RESPECT TO 1�YFHCH THIS EXCLUSIONS AND BE IT0148 OR `tC PERTAK THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I8 SUBJECT TO ALL "THE TEWS, FaCCI USICHS AND COND17fOItS OF SUCH POLICIES, J-J"TS M40VW MAY HAVE BEEN REDUCED BY PAID ClAli[S. . TYPE OF eML1RANCE � D F- POLICY EFF —EXP - OEiIEML LIAbK= LI T7 COIAI RCu1L rt>a LIABILITY EACH oea�ENIM C ❑ OCCUR N� E>w a. PERSONAL S ADV OLRIRY s _ GENERALAOQREGATE 3 EGOWAGYiREGATELWIAWP SP9i�. A s AUTO"CeILE LIAe11rrY P ALL ANY AUTO p s X Z FD Y Y 128 60fib.E�.43 910 fl6W-F30rt3 1IMS12012 OINdUM13 ii17a14012 1213011012 T=7�HIRI]]AUTOB p I 1,OOO,f7()0 11004,000 Ulrlrn LLA L LM OCCUR CDCM LIAe S NCE :OEUeVdDRKWMCOnPB iAND WTION__.__ EYPLOY�e' o%gsj YANY PROpR1ETOWPARyNEp&) � VEYIN OFFCC4n3LBEREXCLLEW? N!AE7VT 4PmcY =rrn LELW! iLICY duuro.L.+ar LOW $ O:acpWrIom OF OPIRATIOM I LACATIOND I VEHICLES (rMgcll Acom tor, Adalmw raowm aa�rrr, r now GWA I� LAVA CARE ADDRTKWAL INSURED: CITY OF LUBBOCK, ITS OFFICERS, AGENTS AND EMPLOYEES ARE TO BE NAMED AS ADDRONAL INSUREDS ON GENERAL LIABILITY POLWAES, YVITH RESPECT TQ FTSI3-tMl-CI ENDORSEMENT# 11094. CITY OF LUBBOCK Ei10lA.DANY OF THE ABOVE"DEWRIBM POLI6IEE BE C►rrcMARD BEFORE C/O PURCHASING DEPARTMENT THE EOMTIM DATE THEREOF, NOTICE Wmj SM DELMMO w LMCE YWM Tlm POLICY PROVf>lXWL 1S2d 13TH $T SUITE 3Q4 LUBBOCK. TX 79401 AUTHORL3DI� IITATNa ACORD 25 (201� The ACORD rglrrw and O 1SB8•Z010 ACORD CDRPORAT[ON�I. All rights reserved. (ode ore r+e*iered nwim of ACORD 1001486 132549.7 W-01-2012 r 1 A`CORra CERTIFICATE OF LIABILITY INSURANCE DATE (MM1DWYYW) 12/12/2012 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 polk:y(tes) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of Such endorsements). PRODUCER MCCLELLAND AND HINE INC NA E: PHONE FAX AIC No E-MAIL PO BOX 700930 INSURERSAFFORWN6CDVERAGE NAIL# SANANTONIO TX 78270-0930 !NSURERA:CHARTER OAK FIRE INS CO 15318 IN RED S�kAR LANDSCAPE INSURER B : DOUBLE LYNCH ENTERPRISES DBA INSURERC: INSURER D : i INSURERE: PO BOX 64833 INSVRERF: LUBBOCK TX 79464 r_nVFRA119C r9RTIFIrATF MIIMRFR- RFVISION NLIMRFR° THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- INSR TYPE OF INSURANCE �ADDL.. R> POLICY EFF POLICY EXP LTR POLICY NUMBER M lDDJYYI'Y LIMITS GENERALLIABILITY 3 EACH OCCURRENCE $ ? COMMERCIAL GENERAL LIABILITY E - - - _ PREMAI E RE E 5 I CLAIMS -MADE OCCUR MED EXP (AnY are person) S { [ � i a PERSONAL & ADV INJURY i $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: j i I PRODUCTS - COMPIOP AGG ; S PRO- P I { POLICY 1 �€ LOC { 5 AUTOMOBILE LIABILITY COMBIN SINGLE LIMIT Ea accident ANY AUTO i j —' { BODILY INJURY (Per person) Is ALL OWNED j SCHEDULED ! j I AUTOS € AUTOS - BODILY INJURY (Per accident) 5 ° I j NON -OWNED t ; j j HIRED AUTOS AUTOS E iY j I 3 PROPERTY DAMAGE F 5 Per accident UMBRELLA LIAS I OCCUR a EACHOCCURRENCE ' S EXCESS UAB I i CLAIMS -MADE _ I AGGREGATE $ € DIED) RETENTIONS i I € $ 77 WORKERS COMPENSATION - € € - - AND EMPLOYERS' LIABILITY TATU- ! WCSITORY A oFICEw�+B Ex"`aiuoEo ECU7€vE Y� N 1 A ; X ' U B-$879911-4-12 5125112 5125113 E.L, EACH ACCIDENT I s 500,000 (Mandatory In NH) I E.L. DISEASE - EA EMPLOYEP S 500,000 if yes, describe under DESCRIPTION OF OPERATIONS below € i I D E.L. DISEASE - POLICY LIMIT 3 S 500, 000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) - - - - WORKERS COMPENSATION POLICY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER. EXCLUDED OFFICERS: DOWNEY BURNS, MELISSA BURNS, DYLAN BURNS CITY OF LUBBOCK CIO CITY OF LUBBOCK PURCHASING DEPARTMENT 1625 13TH ST, STE 204 LUBBOCK TX 79401 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 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010105) The ACORD name and logo are reglstered marks of ACORD No Text TRAVELERS WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 42 03 04 (A) -- 001 POLIGYNUMBER: (IOUB-BB79911-4-12) 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 9. ® Specific Waiver Name of person or organization CITY OF LUBBOCK C/O CITY OF LUBBOCK PURCMWING DBPARTKM 1625 13TH ST, STE 204 LUBBOCK, T% 79401 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) arlsing out of the operations describe. 4. Advance Premium: $ SEE SCHEDULE DATE OF ISSUE: 01-05-13 ST ASSIGN: Page 1 of 3 INDEX 5 CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ 0 Claims Made Products-Comp/Op AGG S El Occurrence Personal & Adv. Injury $ 11 Owner's & Contractors Protective Each Occurrence $ Fire Damage (Any one Fire) $ $ Merl Exp (Any one Person) AUTOMOTIVE LIABILITY 0 Any Auto Combined Single Limit $ © All Owned Autos Bodily Injury (Per Person) $ 0 Scheduled Autos Bodily Injury (Per Accident) $ 11 Hired Autos Property Damage $ 11 Non -Owned Autos C] GARAGE LIABILITY 17 Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ 0 BUILDER SRISK 0 100%of the Total Contract Price $ 0 INSTALLATION FLOATER $ EXCESS LIABILITY 11 Umbrella Form Each Occurrence $ Aggregate $$ 0ether Than Umbrella Form WORKERS CO,i 1PENSATION AND EMPLOYERS' LIABILITY The Proprietor/ II Included Statutory Limits Partners/Executive D Excluded Each Accident $ Officers are: Disease Policy Limit $- -Disease-Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. .FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) By_ The Insurance Certificates Furnished shall name the City of Lubbock as a Additional Insured on General Liability and Automobile Liability and provide a Waiver of Subrogation in favor of the City of Lubbock on all coverages. I PAGE INTENTIONALLY LEFT BLANK INDEX 5 CERTIFICATE OF INSURANCE CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the Duration of the Project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a Certificate of Coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new Certificate of Coverage showing extension of coverage; if the coverage period shown on the Contractor's current Certificate of Coverage ends during the Duration of the Project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a Certificate of Coverage, prior to that person beginning work on the project, so the governmental entity will have, on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the Contractor, a new Certificate of Coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the Duration of the Project; (5) retain all required certificates of coverage on file for the Duration of the Project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 2 INDEX 5 CERTIFICATE OF INSURANCE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the Duration of the Project; (B) provide a Certificate of Coverage to the Contractor prior to that person beginning Work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the Contractor, prior to the end of the coverage period, a new Certificate of Coverage showing extension of coverage, if the coverage period shown on the current Certificate of Coverage ends during the Duration of the Project; (E) obtain from each other person with whom it contracts, and provide to the Contractor: (i) a Certificate of Coverage, prior to the other person beginning work on the project; and (H) prior to the end of the coverage period, a new Certificate of Coverage showing extension of the coverage period, if the coverage period shown on the current Certificate of Coverage ends during the Duration of the Project; (F) retain all required certificates of coverage on file for the Duration of the Project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the Certificate of Coverage to be provided to the person for whom they are providing services._ p CONTRACT 11094 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 6th day of December, 2012, by and between the City of th Lubbock, County of Lubbock, State of Texas, acting by and rough the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Star Landscape, of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 13-10981-CI, Parks Turf Maintenance and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to famish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Conditions of Agreement. Star Landscape's bid dated November 9. 2012 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day fist above written. CONTRACTOR: By: it _ / RI // d .. TITLE. .&4zW'1Z f. COMPLETE ADDRESS: Company : 4 AJ? Address P6 City, State, Zip___W hlv ATTEST: Corporate Secretary CITY OF LUBB W-� S (OWNER): By: Gle obertson, Mayor ATTEST: ==D.A — . 5C Rebe a Garza, City ecretary APPROVES TO CONT: of (Wimunity Services Scott Snider, Assistant City Manager APP A O FORM: City Attorney PAGE INTENTIONALLY LEFT BLANK INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 1. Definitions: 11 Agent - An employee of the Division of Community Services, City of Lubbock, who is appointed by the City to monitor the Work and actions of the Contractor. 1.2 Call Back — Contact with the Contractor by Agent notifying Contractor of Unfinished Work. 1.3 Certificate of Coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers` compensation insurance coverage for the person's or entity's employees providing services on a project, for the Duration of the Project 1.4 City - The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas. 1.5 CIassifieation (Class) - The organization of sites according to service frequencies. 1.6 Contract Time - The number of allowable days to complete the contract. 1.7 Cycle - The complete service of all sites in a Class at one time. 1.8 Designated Superintendent - The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. 1.9 Drought Contingency Plan Any enactment by the City of Lubbock requiring that the irrigation of any property owned or subject to control by the City of Lubbock that is also subject to the work contemplated under this Contract be reduced or otherwise restricted. 1.10 Duration of the Project - includes the time from the beginning of the work on the project until the Contractoes/person's work on the project has been completed and accepted by the governmental entity. 1.11 Extra Work - work over and above that is tailed for in the contract. 1.12 Mayor - The duly appointed official of the City of Lubbock, Texas, who is empowered by the City Charter to enter into a contract in behalf of the City. 1.13 Notice to Proceed - Written notice to the Contractor issued and signed by the authorized Agent stating the date on which the Contractor should proceed with Work as stated in the contract. 1.14 Payment Bond and Performance Bond — Payment, Performance and Maintenance Bond is the approved form of security furnished by the Contractor and his Surety. 1.15 Review Committee - A committee chosen by the City staff, to analyze and recommend to City Council the best Contractor(s) to perform the tasks governed by the contract. 1.16 Specifications - The directions, provisions, and requirements pertaining to the method and manner of performing the Work or to the quality of the materials and equipment to be furnished under the contract. 1.17 Surety — The corporation, partnership or individual, duly authorized and admitted to do business in Texas and licensed by the State of Texas to issue surety bonds, who is bound with and for the Contractor to assume legal liability for the faithful performance of the contract. 1.18 Unfinished Work — Any initial Work pertaining to the mowing contract not satisfactorily completed. Twenty-four (24) hours will be given to complete any Call Backs. 1.19 Unit — A single maintenance site. 1.20 Unit Price - Payment to the Contractor based on a Unit or portion of the Work performed. INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 1.21 Vendor Performance — The Purchasing and Contract Management Department administers a Vendor Performance program for use by all departments and ordering entities. The Vendor Performance Program relies heavily on the ordering entity's participation in gathering information on Vendor Performance. The purpose of the program is to create a :method for documenting and advising the Purchasing Department of the exceptional performance or any problems relating to purchased products or services. This method is for the purpose of vendor management; one file will exist on each vendor's performance in the Purchasing Department. 1.22 Work - All Work, including the furnishing of staff, equipment, materials, and other incidentals necessary for the performance of the contract. 2. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. CONTRACTOR The individual, firm, partnership, joint venture, or corporation contracting with the City to perform Work. 4. OWNERS REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative, Owner's Representative so designated who will inspect turf maintenance; or to such other representatives, supervisors, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Agent(s), supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. All questions, notices, or documentation arising under this agreement shall be addressed to the Owner's Representative. 5. CONTRACT DOCUMENTS The contract's documents shall consist of Notice to bidders; General instructions to Bidders; Bid Submittal; Certificate of Insurance; Contract; General Conditions of the Agreement; Specifications; Turf Maintenance Groups; Proposed Equipment for Contract Turf Maintenance; Payment Request for Turf Maintenance; Written Hazardous Communication Program., and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". These form the agreement whereby the Contractor shall furnish all labor, equipment, tools, materials, and perform all Work necessary to satisfactorily accomplish the proposed plan. 6. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 7. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of Work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of Work on the project contemplated € _' by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Owner's Representative or Agent(s). The Owner's permission to sublet any contract shall not be construed as making the Owner a party of such subcontract. No subcontractor shall release the Contractor of its surety or its liability and obligation to fulfill all transactions made under the contract. 8. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 9. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, power, fuel, transportation and all other facilities necessary for the execution and completion of the Work covered by the contract documents. Unless otherwise specified, all materials shall be and both workmanship and materials shall be of a good quality. All equipment shall meet all applicable Federal, State and Local laws and regulations. The Contractors equipment is at all times during the tern of this Contract subject to inspection and approval of the Owner's Representative or Agent(s). At a minimum, the types of equipment utilized shall conform to the type(s) approved for each maintenance class. Mowers shall be of proper size and configuration to provide quality cut, safe operation, and prevent damage to turf and facilities. Reel and rotary mowers shall be full flotation and rotary and trim mowers shall have anti - scalping features. All manufacturers' safety features must be operational, in good repair and in proper positions during operation. All equipment shall be professional grounds maintenance qualityand in good condition throughout the course of the contract. If the Owner's Representative or Agent(s) deems the equipment faulty or if the equipment is damaging the turf in anyway, the Contractor shall immediately cease the use of said equipment ,- and remove the equipment from the premises. The Contractor shall be responsible for grounds maintenance progress to continue as per the mowing schedules outlined in the attached Specifications. Respective bidders shall submit attached Contractor's Equipment Schedule, Index #10 for their proposed equipment. All Work shall be done and all materials furnished in strict conformity with the contract documents. 10. CITIZEN CONTACT While the Contractor is authorized to perform Work on the Owner's property, Contractor does not have exclusive use of the property, and must respect the activities of park patrons present during the Work on the Owner's property. The Contractor shall take all precautions necessary to ensure that adjacent property owners are not disturbed by any Work performed by the Contractor. Should a Contractor's worker be contacted by a citizen visiting the property the worker is maintaining, assistance shall be given to the citizen to the extent the assistance is related to the Work being performed. The Owner shall provide a list of the Owner's representatives and phone numbers for various City functions. The Contractor shall provide employees with this information and ensure that this information is available at each job site. Employees of the Contractor shall at all times be dressed in attire that clearly identifies that employee's name and the employee's affiliation with the Contractor. Employees of the Contractor should refer any citizen inquiries to the Owner representative(s). 11. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the Work contemplated by the contract documents has been performed in sufficient portion so that use or occupancy or the area is in a condition to serve its intended purpose, but to such an extent that minor miscellaneous Work may be still required. INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 12. CLEAN-UP As specified in the Maintenance Standards Specifications, all Work shall be cleaned up and waste materials removed from the site. No equipment shall be left at neighborhood parks or any of the Owner's owned property site and all material removed from the job shall be at the Contractor's expense. If equipment, materials, or waste are not removed from the site, written notification from the Agent shall be delivered to the Contractor. The Contractor shall have twenty four (24) hours to remove the equipment, materials, or waste in question. If the equipment, materials, or waste in question is not removed in the twenty four (24) hour period, the Owner shall remove said equipment, material, or waste, and the Contractor shall be charged for the expense. Payment to the City for said expenses shall be deducted from the Contractor's payment. If such conditions continue, the contract may be terminated due to breach of contract. 13. MOWING SCHEDULES Except as specifically provided herein, the Contractor shall be responsible for scheduling all Work and shall accomplish this Work in a manner acceptable to the Owner's Representative or Agent(s). The Owner`s Representative or Agent(s) will check the Contractor's schedule(s) of all mowing Work done by the Contractor but this check does not relieve the Contractor of the responsibility of correctly scheduling all Work in accordance with the Specifications. 14. LITTER The Owner will be responsible for litter control for Group 7 during regular business hours. The Contractor will be responsible for litter and debris if Work is required after regular business hours, on holidays, or on weekends. The Contractor understands and acknowledges that litter or debris may accumulate prior to mowing with no fault to either party. The Contractor shall not snow over trash or debris. The Contractor shall instruct mower operators to inspect sites carefully for and to avoid creating, dangerous or unsightly conditions and dispose of debris in park dumpsters. 15. RIGHT OF ENTRY The Owner's Representative or Agent(s) shall make periodic visits to the site to observe the progress or quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the contract documents. The Owner's Representative or Agent(s) shall make onsite inspections to check the quality or quantity of the Work. The Owner's Representative or Agent(s) will not be responsible for the working means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents. 16. IDENTIFICATION AND CHARACTER Contractor's vehicles shall be marked with the Contractor's company name, on both sides and in lettering that is a minimum of two inches tall and of an easily read typeface. In lieu of lettering, Contractors may submit easily recognizable Company Logos for approval by the Parks Department. All employees of the Contractor shall have a name badge and company logo for identification; either clip -on or incorporated with a uniform. This identification shall be worn at all times that the employee is at the job site. The Contractor shall provide uniforms of a different color than the Owner's employee uniforms. Uniforms may not be torn or ragged and shall present a professional appearance. Additionally, the Contractor will at all times require employees to remain fully dressed and will not allow employees to wear unbuttoned clothing while on the Owner's property. Contractor's employees shall not display any print or logo on their vehicles or clothing that purports them as employees of Owner, nor shall Contractor's employees in any way hold themselves out to be employees of the Owner. 4 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT ' AND AGENTIS) AUTHORITY AND DUTY I7. OWNER REPRESENTATIVES „ „ ,,...., Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative or Agent(s) has the authority to review all Work included herein. The Owner's Representative or Agent(s) has the authority to stop the Work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative or Agent(s) shall, determine the amounts and quantities of the mowing Units which are to be paid for under the contract documents, and shall determine all questions in relation to said Work and the completion of Work thereof, and shall, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (10) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 18. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint Agent(s) as the said Owner's Representative may deem proper to inspect the Work done under this Agreement, and to see that said Work is done in accordance with the Specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the Agent(s) for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any Agent(s) so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and Specifications provided, however, should the Contractor object to any orders by any Agent(s), the Contractor may within ten (10) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 19. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the Work, during its progress, a competent Designated Superintendent/Foreman and any necessary assistants, all satisfactory to Owner's Representative or Agent(s). The Designated Superintendent/Foreman shall represent the Contractor in its absence and all directions given to the Designated Superintendent/Foreman shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the Work and lack of such supervision shall be grounds for suspending operations of the Contractor. The Work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. Neither the Owner, nor its Representatives or Agent(s) shall be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's Agents or employees, or any other persons performing any of the Work. 20. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, and the general and local conditions, and all other matters which in any way affect the Work under the ... contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Item #25-Changes and INDEX 7 1 GENERAL CONDITIONS OF THE AGREEMENT 1 Alterations hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the Work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the Work, shall be sustained and borne by the Contractor at its own cost and expense. 21. LABOR, EQUIPMENT, MATERIALS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of Work required under this contract, to do the Work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the Work, are, in Owner's Representative's or agent(s) sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner, Owner's Representative, or agent(s) such man or men shall be discharged from the Work and shall not again be employed on the Work. Should the Contractor continue to employ such individual(s) to continue Work under this contract, the Owner reserves the right to withhold payment and/or nullify the contract. The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the Work until it is finally completed and accepted. 22. PROPERTY AND BOUNDARY Parks & Owner Facilities; When the property to be maintained is bound by a street, the scope of maintenance will extend into roadway a minimum of six (6) inches from lip of street gutter, if the boundary is an alley, maintenance will consist of a minimum of % (one-half) of alley, each maintained on schedule with the remainder of the site. When the area is bound by anything other than a street or alley, the physical property line will serve as the project boundary. Right-of-way sites; curbed areas with adjacent sidewalks shall be maintained through the sidewalk street -ward to back of curb and ending six (6) inches beyond the lip of gutter. In areas where the linear sidewalk or right -of --way landmarks are interrupted or divided up, the maintenance areas shall remain consistent and uniform from these boundaries street -ward to the curb. Median and traffic islands shall be maintained in their entirety including maintenance street -ward to either side from a point six (6) inches beyond the lip of gutter or to the edge of roadway on non -curbed medians or traffic islands. Non -curbed streets shall be maintained from the roadway to the centerline of the drainage channel. Maintenance at intersections shall include a visibility triangle ten feet wide by thirty feet from either side of the mid -point of the curb's radius. Aerial maps of the parks and parks properties are available for viewing highlighting the boundaries. Copies can be obtained by request at the pre -bid meeting or by contacting the Parks Department at 775-2687. Contractor should allow a +/- 10% variance in determining overall size. Contractors are encouraged to view these maps as well as conduct a personal site visit. "DISCLAIMER -CITY OF LUBBOCK: These maps were created using data obtained from various sources, and created exclusively for the internal use of the City of Lubbock. Portions of the information may be incorrect or not current. Any person or entity who relies on any information obtained from these maps does so at their own risk. Neither the City of Lubbock, Texas, nor any agency, officer, or employee of the City of Lubbock, Texas, warrants the accuracy, reliability, or timeliness of such information. THIS PUBLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT. THE CITY OF LUBBOCK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, i. INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE USE OF THIS PUBLICATION, EVEN IF THE CITY OF LUBBOCK IS ADVISED OF SUCH DAMAGE." 23. TERMINATION OF CONTRACT This contract shall remain in effect until the expiration date, performance of services ordered, or termination of either party with a thirty (30) day written notice by either party prior to any cancellation. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 24. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the Work or any part thereof, or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, Specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor`s expense. f 25. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit for the Work herein contemplated, or any part thereof, either before, during, or after the beginning of the mowing Cycles, without affecting the validity of this contract. If such changes or alterations diminish the quantity of the Work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the Work that may be dispensed with. If they increase the amount of Work, and the increased Work can fairly be classified under the Specifications, such increase shall be paid I...' according to the Work actually done and at the Unit Price established for such Work under this contract; otherwise such additional Work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in ._._. said Work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the Work as originally planned. f 26. EXTRA WORK The term "Extra Work" as used in this contract shall be understood to mean and include all Work that may be required by the Owner or Owner`s Representative to be done by the Contractor to accomplish any change, alteration or addition to the Work as shown on the plans and Specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all Extra Work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such Extra Work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said Extra Work shall be determined by the following methods: Method (A) - By agreed Unit Prices; or Method (B) - By agreed Lump Sum; or INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT �g Method (C) - if neither Method (A) or Method (B) be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the Extra Work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the Extra Work. In the event said Extra Work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner`s Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the Work commences, the method of doing the.Work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 10011/o, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by Owner`s Representative. In case any orders or instructions appear to the Contractor to involve Extra Work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such Extra Work, make written request to the Owner's Representative for a written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the Work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any Extra Work, any claim for payment due to alleged Extra Work shall be deemed waived. 27. UNAUTHORIZED WORK All Work and/or materials which do not conform to the contract and Specifications, and Work done contrary to written instructions of the Owner's Representative or Agent(s) shall be done at the expense of the Contractor. The Contractor may be ordered to remove or remedy such Work at its own expense. If Contractor damages adjacent property, the Contractor shall remedy such property at its own expense. 28. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all Work described in the bid, the Specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the Work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in 3 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT these plans, Specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the Work to be included and has provided sufficient sums in its bid to complete the Work in accordance with these plans and Specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and Specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than rive (5) calendar days prior to the opening of bids. 29. RIGHT OF OWNER TO MODIFY METHODS. AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of Work with the rate of progress required under this contract, the Owner, Owner's Representative, or Agent(s) may order the Contractor verbally or in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered verbally or in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 30. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or un-liquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the Work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 31. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation gr any material change shall be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by INDEX 7 `. GENERAL CONDITIONS OF THE AGREEMENT virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single Limit in the aggregate and per occurrence to include: Products —Comp/Op AGG Personal & Adv. Injury Contractual Liability B. Owner's and Contractor's Protective Liability Insurance. — NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, 500 000 Combined Single Limit, Any Auto. D. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED. E. Umbrella Liability Insurance - NOT REQUIRED. F. Worker's Compensation or Occupational Medical and Disability (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job in the Statutory Amounts. G. The City of Lubbock shall be named as additional insured on Auto/General Liability on a primary & non- contributory basis, with a waiver of subrogation in favor of the City of Lubbock on all coverages. 1. Definitions: 10 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of , authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/ rson's work on the project has been completed and accepted b the pe p .I p p y governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and ding of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage io the governmental entity prior to being awarded the contract. 4. if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity shall have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the II INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT ti project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that .materially affects the provision of coverage of any person providing services on the project; and (g) contractually require .each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who shall provide services on the project shall be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth. (1) The name and address of the insured. (2) The location of the, operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (d) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current 13 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-77I3 or 5I2-804- 4000 (www.tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation, coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and ' 14 k...' INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 1 (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 32. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 33. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in Item #30 - Protection Against Accident to Employee and Public and General Indemnity, the Contractor agrees that it will indemnify and save the Owner and all of its officers, elected officials, agents, representatives and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 34. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in Item #30- Protection Against Accident to Employee and Public and General Indemnity hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, elected officials, agents, representatives and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, elected officials, agents, representatives and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 15 INDEX '7 GENERAL CONDITIONS OF THE AGREEMENT 35. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the. Work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in Item #30- Protection Against Accident to Employee and Public and General Indemnity hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, elected officials, agents, representatives and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and Specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the Work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and Specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any Work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. Prior to any application of chemicals, the Contractor shall request, in writing, for approval from the Owner's Representative or Agent(s). If permission is granted, all applications shall be performed through a Licensed Applicator, licensed by the Texas Structural Pest Control Board or Texas Department of Agriculture. Before applications commence, the Contractor shall furnish the Owner's Representative or Agent(s) a list of proposed areas to be treated and chemicals to be used. 36. ADVERTISING Contractor shall not advertise or publish, without City's prior consent, the fact that the City has entered into this contract, except to the extent necessary to comply with proper request for information from an authorized representative or the Federal, State or Local Government. 37. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the Work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 38. TIME FOR SUBSTANTIAL COMPLETION It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of Work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the Work embraced in this contract shall be commenced as provided in the contract documents. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The time will be negotiable and agreed upon by and between the Contractor and the Owner. 16 f, 7 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 39. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its Work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of scheduling; provided, however, that the order and time of prosecution shall be such that the Work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and Specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other Work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of scheduling Work done under this contract so that conflicts will be avoided and the mowing of the various Works being done for the Owner shall be harmonized. All required unit work which includes mowing, edging, trim mowing, string trimming, and sweeping shall be 100% complete before commencing to another mowing site. The Contractor shall submit mowing schedules as requested by the Owner's Representative or Agent(s) five (5) working days prior to the start of every month. A copy shall be mailed, faxed or e-mailed to the Owner's Representative, Agent(s), and. any Park Maintenance department dependent upon the mowing schedules. Mowing properties shall be mowed in the order they are listed on the monthly schedule with dates at which the Contractor will start the Units of Work and estimated dates of completion of the Units of Work unless prior notice is given before the start of the working day (6:00 AM). 40. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of Item #39 — Time for Substantial Completion hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract„ except when its Work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other Contractors employed by the Owner, or by changes ordered in the Work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Work on weekends and holidays and shall be at the discretion of the Contractor. Should the Contractor find it necessary to Work during this time, written notice of his intention to do so shall be given to the Owner's Representative and Agent(s) at least twenty- four (24) hours prior to doing so. The City reserves the right to deny such Work that interferes with heavy park usage or special events. All Work is schedule driven; therefore, the Contractor's Work force and equipment needs shall vary throughout the contract's time period. The normal Work schedule shall fall within the time frame of Monday through Friday 6:00 a.m. to 5:00 p.m. A failure by Owner's Representative to affirmatively grant the extension no later than twenty-four (24) hours of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 41. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the Work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such �3 Work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the Work embraced in this contract except where the Work is stopped by order of the Owner, Owner's Representative or Agent(s) for the Owner's 1— 17 33l 1 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 42. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a Unit Price basis, then Owner and Contractor agree that this contract, including the Specifications, plans and other contract documents are intended to show clearly all Work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of Work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing their bids offered for the Work. In the event the amount of Work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the Unit Price method, payment shall be for the actual amount of Work done and materials furnished on the project. 43. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in Item #30 -- Protection Against Accidents to Employees and the Public and General Indemnity hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. The Contractor shall use every precaution necessary to prevent damage to trees, shrubs, above and below ground structures, utilities and any other form of property. Should damage occur, it is the Contractor's responsibility to report the damage to the Owner's Representative or Agent(s) as soon as possible but not exceeding twenty-four (24) hours from the time damage occurred. If damage occurs as a result of Contractor's actions, the Contractor shall be held responsible to repair or replace the damaged property at its own expense. Time required to repair damaged property shall be expedient and to the approval of the Owner's Representative or Agent(s). If the damage is not repaired in the agreed upon time period, the City may after forty- eight (48) hours notice from the Owner's Representative, proceed to repair the damage. The Contractor shall be held financially responsible for the repair Work and the cost shall be deducted from the Contractor's payment. 44. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all Work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the Specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid Work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached Specifications, plans, contract documents and requirements of Owner's Representative. 45. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective 1 i INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT Work. Contractor shall at any time requested during the progress of the Work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the Work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any Work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, who have not theretofore been timely filed as provided in this contract. The Contractor shall receive compensation provided for in the contract on a per Cycle basis for each Unit site. In the case of the Grounds Maintenance Contract, payment shall be determined by services rendered. Payment shall be made at the end of each month for services rendered for each completed Unit within a maintenance group. Payment shall be determined by the form included in this package as Index # 10 and approved by the Owner's Representative or Agent(s). 46. PAYMENT WITHHELD In addition to express provisions elsewhere contained in the contract, the Owner or Owner's Representative may withhold from any payment otherwise due the Contractor such amount as determined necessary to protect the Owner's interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or refund payment on account of 47.1 Unsatisfactory progress of the Work not caused by condition beyond the Contractor's control; 47.2 Defective Work not corrected; 47.3 Contractor's failures to carry out instructions or orders of the City or his (its) representatives; 47.4 A reasonable doubt that the contract can be completed for the balance then unpaid; 47.5 Execution of Work not in accordance with the contract documents; 47.6 Claim filed by or against the Contractor or reasonable evidence indicating probable filing of claims; 47.7 Failure of the Contractor to make payments to subcontractor for material or labor; 47.8 Damage to another Contractor; 47.9 Unsafe working conditions allowed persisting by the Contractor; 47.10 Failure of the Contractor to provide work schedules as required by the City; 47.11 Use of subcontractors without City's approval. When the above grounds are removed, payment shall be made for amounts withheld because of them, and City shall never be liable for interest on any delayed or late payment. 47. CONTRACTOR DEFAULT OWNER'S RIGHT TO SUSPEND WORK AND ANNUAL CONTRACT The Work or any portion of the Work under contract shall be suspended immediately on written order of the Owner declaring the Contractor to be in default. The contract may be annulled by the Owner for any good cause or causes, among others of which special reference is made to the following: 47.1 Failure of the Contractor to start Work within ten (10) days from date specified in the written 19 i�. i". ti 48 49. so. INDEX 7 `. GENERAL CONDITIONS OF THE AGREEMENT Work order issued by the City to begin the Work; F 47.2 Substantial evidences that the progress of the Work being made by the Contractor is insufficient to complete the Work within the specified working time; 473 Failure of the Contractor to provide sufficient and proper equipment, materials or construction forces or properly executing the Work; 47.4 Substantial evidence that the Contractor has abandoned the Work or discontinuance of the performance of the Work or any part thereof and failure to resume performance within a reasonable time after notice to do so; 47.5- Substantial evidences that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work; 47.6 Deliberate failure on the part of the Contractor to observe any requirements of these Specifications or to comply with any orders given by the City as provided for in these Specifications; 47.7 Failure of the Contractor to promptly make good any defects in the Work, the correction of which has been directed in writing by the City; 47.8 Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of Work under contract; 47.9 Repeated violations of safe working procedures; When the Work is suspended for any of the causes itemized above, or for any other cause or causes, the Contractor shall discontinue the Work or such part thereof as the City designates. FINAL INSPECTION Final Inspection of the site shall take place by the Owner's Representative or Agent(s) as soon as possible after the completion of the Unit(s). If the project (s) is completed in Cycles, the project (s) shall be inspected after each Unit(s) by the Agent(s). The Contractor shall be allowed to be present at the examination. If the inspection reveals any defective Work, the Owner's Representative or Agent(s) may require the Call Back Work to be remedied before final acceptance; is granted. All said remedies shall be at the expense of the Contractor. SPECIAL EVENTS The Contractor shall schedule Work to enhance public use and restrict conflict with scheduled events. Special event schedules will be submitted to the Contractor by the Owner's Representative or his Agent(s) to arrange for mowing schedule adjustments as may be required. The Owner's Representative or his Agent(s) will attempt to notify the Contractor forty-eight hours prior to an event that required mowing schedule adjustments. Sites for funeral services at the City of Lubbock Cemetery may be verified each morning at 8:00 AM at the Cemetery Office. CLAIM OR DISPUTED WORK It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within seven (7) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner 20 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within seven (7) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. If the Contractor is of the opinion that (a) the Work necessary or required to accomplish the result intended by this contract; or (b) any Work ordered to be done as contract Work by the City is Extra Work or additional Work and not contract Work; or (c) any determination or order of the Owner violates the terms and provisions of this contract, the Contractor shall promptly, either before proceeding with such Work or complying with such order or determination, notify the Owner in writing of his (its) contentions with respect thereto and request a final determination thereof, If the Owner determines that the Work in question is Extra Work and not contract Work, or the determination or order complained of required performance by the Contractor beyond that required by the contract or violates the terms and provisions for the contract, thereupon the Owner shall cause either (a) the issuance of a written order covering the Extra Work as provided for in paragraph I of Item #26-Extra Work hereof, or (b) the determination or order complained of be rescinded or so modified so as to not require performance beyond that required by the terms and provisions of the contract. Such determination of the Owner shall be given in writing to the Contractor. If the Owner determines that the Work in question is contract Work and not, Extra Work, or that the determination or order complained of does not require performance by the Contractor beyond that required by the contract or violate the terms and provisions of the contract, he shall direct the Contractor to proceed, and the Contractor must promptly comply. In order to reserve his (its) right to claim compensation for such Work resulting from such compliance, the Contractor must, within seven (7) calendar days after receiving the Owner's determination and direction, notify the Owner in writing that the Work is being performed, or that the determination and direction is being complied with, under protest. If the Contractor fails to so appeal to the Owner for a determination or, having so appealed, should the Contractor thus fail to notify the Owner in writing of his (its) protest, the Contractor shall be deemed to have waived any i claim for extra compensation or damages therefore. No oral appeals or oral protests, no matter to whom made shall be deemed even substantial compliance with the provisions of this item. In addition to the foregoing requirement, the Contractor shall, upon notice from the Owner, produce for examination and audit at the Contractor' office, by the representatives of the Owner, all his (its) books and records showing all of his (its) acts and transactions in connection with contractual performance as well as relating to or arising by reason of the matter in dispute. At such examination a duly authorized representative of the Contractor may be present. Unless the aforesaid requirements and conditions shall have been complied with the Contract, the Owner shall be released from all claims arising under, relating to or by reason of this contract, except for the sums to be due under the payment provision or this contract. It is further stipulated and agreed that no conduct on the part of the Owner or any agent or employee of the Owner shall even be construed as a waiver of the requirements of this section, which such requirements constitute an absolute condition precedent to any approval or any claim for extra compensation, notwithstanding any other provisions of the contract documents; and in any action against the Owner to recover any sum in excess of the contract amount the Contractor must allege and prove strict compliance with the provisions of this section. In connection with the examination provided for herein, the Owner, upon demand therefore, shall also produce for inspection by the Contractor such records as the Owner may have with respect to such disputed Work or Work 21 E INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT performed under protest pursuant to order of the Owner, except those records and reports which may have been prepared for the purpose of determining the accuracy and validity of the Contractor's claim. 51. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume Work within seven (7) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract. In the event the Contractor should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the Work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the Work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the Work, may let the contract for the completion of the Work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor. Should the cost to complete any such new contract prove to be Iess than that which would have been the cost to complete the Work under this contract, the Contractor shall be credited therewith. In the event the Owner's Representative elects to complete the Work, as described above, when the Work shall have been finally completed, the Contractor shall be so notified and certification of completion as provided in Item #46-Payments hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor, if applicable, where on the Contractor, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the Work is less than that which would have been the cost to the Owner had the Work been completed by the Contractor under the terms of this contract, or when the Contractor, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the Work shall be turned over to the Contractor, if applicable. Should the cost to complete the Work exceed the contract price, and the Contractor, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the Work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the Contractor, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. 22 y INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in ..' this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies ' available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in Item #39-Time for Substantial Completion, hereinabove set forth. 52. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, Work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 53. MAINTAINING WORK SCHEDULES It will be the Contractor's responsibility to perform litter control when the mowing schedule is deviated due to problems not weather related or when Work is requested after regular business hours, holidays, or on weekends. 54. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 55. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the Work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man-made or otherwise, which may be encountered in the prosecution of the Work, shall be sustained and borne by the Contractor at his own cost and expense. 56. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent Contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the Work covered hereby. The fact that the Owner, Owner's Representative or Agent(s) shall have the right to observe Contractor's Work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner, Owner's Representative or Agent(s) hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent Contractor with respect to either the Owner, Owner's Representative or Agent(s) or to the Contractor's own employees or to any other person, firm, or corporation. 57. NO WAIVER OF RIGHTS OR ESTOPPEL The City, or any officer or Agent thereof, shall not be precluded at any time, either before or after final completion and acceptance of the Work and final payment therefore from: 57.1 Showing the true and correct amount, Classifications, quality and character of the Work done and materials furnished by the Contractor or any other person under this contract, or from showing at any time that any determination, return, decision, approval, order, letter, payment or certification is untrue and incorrect, or improperly made in any particular, or that the Work or the materials or any parts thereof, do not in fact conform to the contact requirements; and 23 a. INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 57.2 Demanding the recovery from the Contractor of any overpayments made to him, or such damages as the City may sustain by reason of the Contractor's failure to perform each and every part of this contract in strict accordance with its terms or both. 58. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated there under, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent there from, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 59. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. % SUSPENSION BY COURT ORDER AGAINST CITY The Contractor shall suspend such part or parts of the Work pursuant to a court order issued against the City and shall not be entitled to additional compensation by virtue of such court order; neither shall the Contractor be liable to the City in the event the Work is suspended by such court order, unless such suspension is due to the, fault or negligence of the Contractor. 61. CONTRACT TERM 61.1 The contract shall be for a term of one (1) year, with the option of four (4), one([) year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. 24 �_.:E INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. 61.2 After completion of the initial Contract term, these properties will go out to bid with all other parkland properties. 61.3 During the period of the Contract, the Contractor shall provide all the services described in the Contract. The Contractor understands and agrees that this is a requirements Contract and that the City shall have no obligation to the Contractor if no services are required. Any quantities that are included in the bid form and/or specifications reflect the current expectations of the City for the period of the Contract. The amount is only an estimate and the Contractor understands and agrees that the City is under no obligation to the Contractor to buy any amount of the services as a result of having provided this estimate or of having any typical or measurable requirement in the past. The Contractor further understands and agrees that the City may require services in an amount less than or in excess of the estimated annual Contract amount and that the quantity actually used, whether in excess of the estimate or less than the estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the Contract for the quantity actually used. 62. NOTICE TO PROCEED Notice to Proceed shall be mailed to the Contractor by certified letter. The Contractor shall have ten (10) working days from the day he receives the letter to actively proceed with the Work. 63. WEATHER Weather will affect the progress of ground maintenance at times and Contractor shall recognize this and have a plan of action and/or resources available to proceed in an expedient manner. Should weather conditions alter schedules, the Contractor shall notify the Owner's Representative, Agent(s) and other appropriate Park Maintenance departments such as Environmental Services, before 6:00 AM at the beginning of the next Work day. It is the Contractor's responsibility to provide quality workmanship. If weather conditions prevent such quality, the Contractor shall suspend Work and resume Work as soon as weather allows. If the Owner's Representative or Agent(s) finds that weather conditions are inappropriate for maintaining high quality Work, they may notify the Contractor and suspend Work. The suspension of Work by the Owner's Representative or Agent (s) shall not in any way allow the Contractor to find grounds for adjustments in Contract Time or provide for extra compensation. 64. SPECIFICATION CHANGE During the term of the Contract, the Owner may change Site Classifications, thereby increasing or decreasing mowing frequencies. Unit pricing will be used to determine cost adjustments. All changes shall be in writing. Contractor understands and agrees that a Drought Contingency Plan, if enacted by the City of Lubbock, could result in significantly reduced or eliminated irrigation schedules for the properties that are the subject of this agreement, which could, in turn, significantly reduce or eliminate the need for services contemplated under this agreement. In the event said Drought Contingency Plan is enacted, Owner shall promptly notify Contractor of said event, and Contractor hereby agrees thereafter to accept and abide by any revised maintenance schedules and compensation adjustments promulgated by the Owner. This agreement shall constitute the Contractor's consent, granted prospectively, for a change order to the original contract price as required by TEXAS LOCAL GOVERNMENT CODE, Section 252.448(d). 25 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 65. CHANGED CONDITION If the Contractor Ends latent conditions which differ from those outlined in the contract or Specifications which differ from customary Work, and which the Contractor could not have discovered during the investigation of the site prior to the bid, and in which such condition increased the expense to the Contractor, immediate written notice shall be promptly mailed to the Owner's Representative. The Contractor shall afford the Owner the opportunity to inspect the same. After inspection by the Owner, the Contractor shall not delay Work pending a decision to be made by the Owner regarding the claim. Failure of the Contractor to give prompt written notice and afford the Owner the opportunity to inspect the condition, before it is disturbed, shall be deemed a waiver by the Contractor of all claims and extra compensation arising out of the alleged condition. If the Owner determines that the Contractor is entitled to extra compensation by reason of increased expense to the Contractor and caused by the condition, and finds that the condition requires Work not covered in the contract, a change order may be executed for additional compensation which shall be agreed upon by all parties involved. Additional time may be granted if the Owner deems additional time is necessary to accomplish the job. No change order or combination of change orders shall exceed twenty-five percent (25%) of the total contract. In addition, a decrease in the amount of compensation shall not exceed twenty-five (25%) of the total contract. 66. FORCE MAJEURE In the event either Owner or Contractor is rendered unable in whole or in part by force majeure to carry out any covenant, agreement, obligation or undertaking to be kept or performed by such party under this agreement, other than to make payment of amounts due for Work completed, such covenant, agreement, obligation or undertaking, insofar as the same is affected by such force majeure, will be suspended. The term "force majeure" as employed in this section includes acts of God, strikes, lockouts, or other industrial disturbances, acts of a public enemy, war, blockades, riots, epidemics, earthquakes, explosions, accidents, or repairs to machinery or pipes, the delays of carriers, or inability by reason of governmental regulation to obtain materials, acts of public authorities including but not limited to the effectuation of a Drought Contingency Plan by the City of Lubbock, or other causes, whether or not of the same kind as specifically enumerated, riot within the control of the party claiming suspension and which by the exercise of due diligence or the payment of money such party is unable to overcome. 67. SEVERABILITY If for any reason any provision hereof shall be inoperative, the validity and effect of all other provisions shall not be affected thereby. 68. PRESUMPTION AGAINST SCRIVENER In case of a dispute as to interpretation of this agreement, each party waives the presumption that this agreement is presumed to be read in favor of the party that did not prepare it. 69, THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 26 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 70. NON ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 27 PAGE INTENTIONALLY LEFT BLANK INDEX 8 SPECIFICATIONS MAINTENANCE STANDARDS 1.0 Class A Maintenance Standards 1.1 General: Successful Contractor must commence Work within ten (10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative Agent. The Contractor shall be notified of the Owner's decision by letter. 1.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending street -ward including the curb and ending six (6) inches beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 1.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from Notice To Proceed and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 1.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency and height shall be determined by turf growth and occur up to once per calendar week, or every seven (7) days, evenly spaced between Cycles. Clippings shall be bagged and recycled and all hard surfaces shall be cleaned after each service. Mowing equipment shall be a reel mower for Gateway Plaza, Buddy Holly Plaza and the Garden & Arts Tea Terrace. The remaining Class A Parks shall be non -bagged and mowed with a rotary/recycler mower. All equipment must be of appropriate size for each site and approved by the Owner's Representative or Agent(s). All required unit work which includes mowing, edging, trim mowing, string trimming, and sweeping shall be 100% complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. ' 1.2.1 TENTATIVE MOWING FREQUENCIES: January 0 July 4 February 0 August S March 1 September 4 April 4 October 2 May 4 November I W June 4 December 0 1.3 Edging: All sidewalks and curbs shall be edged to a depth of one inch and shall be performed concurrently with mowing operations. String trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class A Parks. (Can you please tell me why I may have highlighted this) Optional spraying of one (1) foot away from the .., tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 8 # 36 for details. 1.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing operations and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may be used for this task 1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Maintenance of ._.; drains and exposed playa lake shorelines due to evaporation or receding of the lake shall be the Contractor's responsibility. Trimming must be performed around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or structures. All play surfaces, hard surfaces, sidewalks, streets, street medians, parking areas, . 1 INDEX S SPECIFICATIONS parking lots and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 2.0 Class B Maintenance Standards 2.1 General: Successful Contractor must commence Work within ten (10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 2.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending street -ward including the curb and ending six (6) inches beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas 2.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from Notice To Proceed and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 2.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or' Agent(s). Mowing frequency and height shall be determined by turf growth and occur up to once per calendar week or every seven (7) days, evenly spaced between Cycles. Clippings shall not be bagged, and all hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be reel mowers or turf type full flotation rotary mowers equipped with all turf tires and shall be approved by the Owner's Representative or Agent(s). Some specialty sites such as athletic fields, athletic facilities, and municipal facilities shall be mowed on specific times and days and of the week as determined by the Owner's Representative or Agent(s). All required unit work which -includes mowing, edging, trim mowing, string trimming, and sweeping shall be 100% complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. 2.2.1 TENTATIVE MOWING FREQUENCIES: January 0 July 4 February 0 August 5 March 1 September 4 April 2 October I May 4 November 0 June 4 December 0 2.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch and all non curbed plant beds shall be edged to a depth necessary to achieve appropriate results. All edging shall be performed concurrently with mowing at each site. String trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class B Parks. All jogging tracks shall be edged concurrently with mowing operations. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 8 # 36 for details. 2.3.1 Street curb and drainage channel edging shall be accomplished weekly and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may be used for this task. 2 -_ r �3 E INDEX 8 SPECIFICATIONS 2.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake shall be the Contractor's responsibility. Trimming must be performed around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or structures. All play surfaces, sidewalks, hard surfaces, streets, street medians, playground d sidewalks, parking areas, parking lots and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 3.0 Class C Maintenance Standards 3.1 General: Successful Contractor must commence Work within ten (10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 3.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending street -ward including the curb and ending six (6) inches beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas 3.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from Notice To Proceed and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 3.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency and height shalt be determined by turf growth and occur up to once every ten (10) days evenly spaced between Cycles. Clippings shall not be bagged and all hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be determined by site conditions and equipped with all turf tires and shall be approved by the Owner's Representative or Agent(s). Some specialty sites such as athletic fields, athletic facilities, and municipal facilities shall be mowed on specific times and days and of the week as determined by the Owner's Representative or Agent(s). All required unit work which includes mowing, edging, trim mowing, string trimming, and sweeping shall be 100% complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. 3.2.1 TENTATIVE MOWING FREQUENCIES: January 0 July 2 February 0 August 3 March 1 September 2 April 2 October 1 May 3 November 0 June 3 December 0 3.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch and all non curbed plant beds shall be edged to a depth necessary to achieve appropriate results. All edging shall be performed concurrently with mowing at each site. String trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class C Parks. All jogging tracks shall be edged concurrently with mowing operations. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 8 # 36 for details. INDEX 8 SPECIFICATIONS 3.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing operations and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may be used for this task. 3.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake shall be the Contractor's responsibility. Trimming must be performed around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or structures. All play surfaces, sidewalks, hard surfaces, streets, street medians, playground sidewalks, parking areas, parking lots and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 4.0 Class D Maintenance Standards 4.1 General: Successful Contractor must commence Work within ten (10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 4.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending street -ward including the curb and ending six (6) inches beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required. 4.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from Notice To Proceed and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 4.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency shall be determined by turf growth and shall occur once every twenty-one (21) days or as determined by the Owner's Representative or Agent(s). The Owner's Representative or Agent(s) will notify the Contractor as needed to perform mowing services. Mowing shall be at four (4) inches and include trimming around all objects and elimination of growth on any hard surfaces including adjacent public roadways. Mowing equipment shall be determined by site conditions and shall be equipped with all turf tires or industrial tires and be approved by the Owner's Representative or Agent(s). All required unit work which includes mowing, edging, trim mowing, string trimming and sweeping shall be 100% complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. 4.2.1 TENTATIVE MOWING FREQUENCIES: January 0 July 2 February 0 August 1 March 0 September I April 1 October I May I November 0 June 2 December 0 4.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch. All edging shall be performed concurrently with snowing at each site/section. String trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class D Parks. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 8 # 36 for details. 4 INDEX 8 SPECIFICATIONS 4.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing operations and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may be used for this task. 4.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake shall be the Contractor's responsibility. Trimming must be performed around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or structures. All play surfaces, streets, street medians, parking lots, parking areas and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed at each site/section. 5.0 Class B Broadway Streetscapes, Class C Southwest Loop Turnarounds & Class E Right -of -Way Maintenance Standards SB.I General: Please note that Class B, C & E Standards consists of the Broadway Streetscapes, Southwest Loop Turnarounds and Class E Hard Surfaced Medians and their adjacent Right -of -Way areas. The Unit pricing forms included for this Classification contain Unit pricing requests for the purpose of evaluating yearly site costs and the cost of maintenance frequency adjustments required by environmental factors or other conditions. Successful Contractor must commence Work within ten (1 a) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 5B 2.1 Class B Broadway Streetscape Maintenance Standards, 5B 2.1.1The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating plant beds, hard surfaces, streets and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 5B 2.1.2 Service areas are located from Broadway & University Avenue through Broadway & Martin Luther King Boulevard. The areas include curbed and non -curbed right-of-way on either side of roadways, hard surfaced and landscaped medians, landscape islands, city utility sites such as traffic control devices, signs, and electric poles, visibility triangles at intersections, and excess right-of-way of variable width. 513 2.1.3 Curbed areas with adjacent sidewalks shall be maintained through the sidewalk extending street - ward including the curb and ending six (6) inches from lip of gutter. Median and Traffic Islands shall be maintained in their entirety including maintenance street -ward to either side from a point two feet from back of curb or to the edge of roadway on non-burbed medians or traffic islands. Non -curbed streets shall be maintained from the roadway to the centerline of the drainage channel. Maintenance at intersections shall include a visibility triangle extending thirty-foot from either side of the mid- point of the curb's radius. 5B 2.1.4 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from Notice To Proceed and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 5B 2.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency and height shall be determined by turf growth and shall occur up to once every seven (7) days evenly spaced between Cycles. Mowing equipment shall be a reel mower or turf type full flotation I V. i INDEX 8 SPECIFICATIONS rotary/recycler mowers equipped with all turf tires and shall be approved by the Owner's Representative or Agent(s). Alternate mowing patterns are required every cycle to avoid turf damage. 5B 2.2.2 The right-of-way boundaries from Broadway and University through Broadway and Avenue Q on bothe sides will be through the sidewalk extending streetward including the curb and ending six (6) inches from lip of gutter. 5B 2.2.3 The right-of-way boundaries from Broadway and Avenue Q to Broadway and Avenue E on both sides, will be through the sidewalk extending streetward including the curb and ending six (6) inches beyond lip of gutter. The only exception will be the North side from Avenue N to Avenue Q. This area is excluded from any maintenance. 5B 2.2.8 The right-of-way boundaries from Broadway and Avenue E to Broadway and Avenue A (top section) include the area from the utility poles to the rails on both sides as well as from the building on the northwest corner of Broadway & Avenue A extending streetward including the curb and ending six (6) inches beyond lip of gutter. The underpass shall have weed and litter control on the North, South, and middle areas as well. 5B 2.2.9 The right-of-way boundaries on the North side from Broadway and Avenue A to the furthest East entrance of the South Plains Fairgrounds will be through the sidewalk extending streetward including the curb, and ending six (6) inches beyond lip of gutter. 5B 2.2.14 The right-of-way boundaries on the South side from Broadway and Avenue A to 720 E Broadway will be from the utility poles extending streetward including the curb and ending six(6) inches beyond the lip of gutter. 5B 2.2.11 The right-of-way boundaries on the South side from Broadway and Canyon Lake Road to Broadway and MLK Avenue include the area from the utility poles extending streetward including the curb and ending six (6) inches beyond the lip of gutter. 5B 2.2.12 The right-of-way boundary on the North side from Broadway and Nutmeg to Broadway and Oak Avenue shall be from the building and/or chain link fence extending streetward including the curb and ending six (6) inches beyond lip of gutter. 5B 2.2.13 The right-of-way boundary on the North side from Broadway and Oak Avenue to Broadway and MLK Avenue shall be from the utility poles extending streetward including the curb and ending six (6) inches beyond lip of gutter. 5B 2.2.14 All hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows of grass. 5B 23 Edging: All sidewalks and curbed plant material beds shall be edged to a depth of one inch. All edging shall be performed concurrently with mowing at each site. String trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class B, Broadway Streetscape Maintenance. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See index 8# 36 for details. B5 2.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing operations and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may be used for this task. 5B 2.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. All hard 6 INDEX 8 SPECIFICATIONS surfaces, sidewalks, streets, street medians, parking areas, parking lots and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 5B 2.5 Litter & Debris: All Litter and other types of Debris such as motor vehicle parts, rocks, gravel, and dirt, shall be removed by the Contractor. Litter and Debris removal shall be performed concurrently with other maintenance operations. Hard Surfaced Medians shall be swept and as well as Street Curb areas. 135 2.5.1 Disposal. Contractor shall be responsible for the disposal of Litter and Debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No Litter or Debris shall be disposed of in residential dumpsters or of those belonging to Commercial Businesses. 5B 2.6 Maintenance Frequency: Mowing frequency and height shall be determined by turf growth and may occur up to once every seven (7) days, evenly spaced between Cycles. Maintenance activities performed shall include, as necessary, mowing, edging, trimming, complete plant material removal from hard surface areas, litter, and debris removal. 5B 2.6.1 TENTATIVE MOWING FREQUENCIES: January 0 July 4 -.; February 0 August 5 March 1 September 4 i.. ` April 2 October 1 May 4 November 0 June 4 December 0 5.1.1 The areas to be serviced for the Southwest Loop Turnarounds include all adjacent right of way medians, hard surface(s) and pavers adjoining the site. The vertical hard surface slope areas include the red cement from the top of the Loop 299 guardrails down to where it meets vegetation, concrete curbing, or non -sloped hard surfaces. The horizontal red cement slope boundaries begin underneath Loop 289 and extend to the end of the red cement that will occur on the Loop's access roads. The only exception to the red cement horizontal slope boundaries will be on the Northeast and Southeast Quadrants of Quaker Avenue and Southwest Quadrant on Slide Road. The ending slope boundaries on the Quaker Quadrants will be even with the trees planted on the slopes instead of the end of the red cement. The ending slope boundary on the Southwest Slide Quadrant will be the western -most landscaped flower bed. All paver hard surfaces, sidwals, and street medians must be kept free of grass, weeds and debris. The Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating plant beds, hard surfaces, streets and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 5.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from the date of Award of Contract and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 5.2 Mowing of Flat or Irrigated Turf. Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency shall be determined by turf growth and occur no more than once every ten (10) days evenly spaced between Cycles. Turf shall be cut at a height of 2", and will increase to 21/2" at the discretion of the Owner's Representative or Agent(s) and last throug the remainder of the season. Clippings shall not be bagged and all hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be reel mowers or turf type full flotation rotary mower equipped with all turf tires and shall be approved by the Owner's Represenatative or Agent(s). is INDEX 8 SPECIFICATIONS ; 5.3 Mowing of Slopes: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency shall be determined by turf growth and occur no more than every ten (10) days evenly spaced between Cycles. Vegetation shall be cut at a height of 4" - 7", and may increase at the discretion of the Owner's Representative and Agent(s) and last through the remainder of the season. Clippings shall not be bagged and all hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows of vegetation. Mowing equipment shall be turf type full flotation rotary mower and shall be equipped with all turf tires or industrial tires and approved by the Owner's Representative or Agent(s). Alternate mowing patterns are required every cycle to avoid turf damage. 5.3.1 TENTATIVE MOWING FREQUENCIES: January 0 July 2 February 0 August 3 March 1 September 2 April 2 October I May 3 November 0 June 3 December 0 5.4 Edging: All sidewalks and curbed plant material beds shall be edged to a depth of one inch exposing where the grass meets the surface area being edged, and all non curbed plant beds shall be edged to a depth necessary to achieve appropriate results. All edging shall be performed concurrently with mowing at each site. String trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class C, Southwest Loop Turnarounds. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 8 # 36 for details. 5.4.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing operations and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may be used for this task. 5.5 Trimming: All string trimming must be done to achieve a height uniform with the specified mowing height. Trimming .must be performed around trees, plant beds, guardrails, signs, pillars, and any other plants or structures. Maintenance of drains due to evaporation or receding water shall be the Contractor's responsibility. All vertical and horizontal slope hard surfaces, stamped pavers, sidewalks, streets and drainage channels must be kept .free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 5.6 Litter & Debris: the Contractor shall remove all Litter and other types of Debris such as motor vehicle parts, rocks, gravel, and dirt. Hard Surfaced Medians shall be swept as well as Street Curb areas. Litter and Debris removal shall be performed concurrently with other maintenance operations. 5.7 Disposal: The Contractor shall be responsible for the disposal of Litter and Debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No Litter or Debris shall be disposed of in residential and/or commercial dumpsters. 6.0 Right -of -Way Maintenance: 6.1 Service areas are selected right-of-way locations located throughout the City. The areas include curbed and non - curbed right-of-way on either side of roadways, hard surfaced and landscaped medians, city utility sites such as traffic control devices, signs, and electric poles, visibility triangles at intersections, and excess right-of-way of variable width. The Contractor is responsible for safe and careful operation of mowing equipment around plant material and"structures to prevent damage and to prevent clippings from contaminating plant beds, hard surfaces, INDEX 8 SPECIFICATIONS streets and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 6A.2 Curbed areas with adjacent sidewalks shall be maintained through the sidewalk extending street ward including the curb and ending six (6) inches beyond lip of gutter. Curbed areas without an adjacent sidewalk shall be maintained from back of curb including the gutter. Median and Traffic Islands shall be maintained in their entirety including maintenance street -ward to either side from a point two feet from back of curb or to the edge of roadway on non -curbed medians or traffic islands. Non -curbed streets shall be maintained from the roadway to the centerline of the drainage channel. Maintenance at intersections shall include a visibility triangle extending thirty-foot from either side of the mid- point of the curb's radius. 6.1.2.1 Maintenance of Underpasses shall be maintained through the sidewalk from curb to curb up to vertical wall and/or slope, including all adjacent hard surface medians. 6.1.2.2 The ROW Maintenance boundaries on Erskine Ave. from Frankford to Milwaukee Avenue shall be through the sidewalk and/or curb extending streetward to the adjacent curb and/or through the sidewalk. f- 6.1.3 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from the date of Award of Contract and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 6.1.4 Maintenance Frequency: Maintenance shall be performed, at regularly scheduled intervals, once a month, or on an as needed basis as deemed necessary by the Owner's Representative or Agent(s) at each site. Maintenance activities performed shall include as necessary,g edging, g, complete plant material removal from hard surface areas, litter, and debrisoremoval. 'n trimming, 6.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency and height shall be determined by turf growth and shall occur once every twenty-five (25) days evenly spaced between Cycles or as determined by the Owner's Representative or Agent(s). The Owner's Representative or Agent(s) will notify the Contractor as needed to perform mowing services. Maintenance shall include trimming around all objects and elimination of growth on any hard surface including adjacent public roadways. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be determined by site conditions and shall be equipped with all turf tires or industrial tires and approved by the Owner's Representative or Agent. Alternate mowing patterns are required every cycle to avoid turf damage. 6.2.1 TENTATIVE MAINTENANCE FREQUENCIES: January 0 July I February 0 August I March I September 1 April I October l May I November 0 June I December 0 6.3 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. Maintenance of drains due to evaporation or receding water shall be the Contractor's responsibility. All surfaces, streets street medians, parking areas and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. i� INDEX 8 ' SPECIFICATIONS 6.4 Edging: Sidewalks alongside turf areas shall be edged to a depth of one inch. All edging shall be performed concurrently with mowing at each site. A String trimmer or curb dresser may not be used for this task. Street curb and drainage channel edging shall be performed concurrently once per month, and all debris from this activity shall be removed the same day that the task is performed. Curb dressers, Edgers, or String Trimmers may be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class E, ROAN maintenance. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 8 # 36 for details. 6.5 Litter & Debris: All litter and other types of debris such as motor vehicle parts, rocks, gravel, and dirt, shall be removed by the Contractor. Hard surfaced medians shall be swept and as well as street curb areas. Litter and debris removal shall be performed concurrently with other maintenance operations. 6.6 Disposal: Contractor shall be responsible for the disposal of litter and debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No litter or debris shall be disposed of in residential and/or commercial dumpsters. 7.0 Cemetery Maintenance Standards — Class B parkland maintenance standards apply to the City Cemetery except for the specific standards outlined in this section (Section 7.0). To the extent of any conflict, the provisions of this Section 7 shall control. 7.1 General 7.1.1 Mowing, edging, and trimming of Cemetery property shall be performed during a concurrent three-day time period (or less), unless the Cemetery Supervisor or his Agent approves a schedule change. 7.1.2 Cemetery mowing contract will consist of 25 maintenance Cycles. Mowing, edging, and trimming of Cemetery property shall be performed between 8:00 a.m. and 5:00 p.m. weekdays during a concurrent maximum four -day time period. Maintenance will not be performed on City holidays or weekends. Contractor requests for exceptions to this schedule must be made in writing by Contractor and approved by the Owner's Representative or Agent(s). 7A .3 The areas of the Cemetery property to be serviced includes all rights of way adjoining the site and to the centerline of all alleys adjoining the property and extending a minimum of six (6) inches from the lip of the gutter of all streets with curb and gutter. 7.1.4 Contractor is responsible for safe and careful operation of mowing equipment around headstones, footstones, memorials, monuments, cemetery markers, facilities, funeral set-ups, trees, shrubs, utilities, all public art, and the irrigation system. 7.1.5 Contractor is responsible for preventing clippings from contaminating plant beds or providing an unsightly appearance around the Cemetery Office. 7.1.6 It is the Contractor's responsibility to report any damage to the Owner's Representative or Agent(s) as soon as possible, but not exceeding twenty-four (24) hours from the time the damage occurred. 7.1.7 If damage occurs as a result of Contractor's actions, the Contractor shall be held responsible to repair or replace the damaged property at Contractor's own expense and to the approval of the i Owner's Representative or Agent(s). Time required to repair damaged property shall be expedient and to the approval of the Owner's Representative or Agent(s). If the damage is not repaired in the agreed upon time period, the City may after forty-eight (48) hours notice from the Owner's 10 INDEX 8 SPECIFICATIONS Representative, proceed to repair the damage The Contractor shall be held financially responsible for the repair work and the cost shall be deducted from the Contractor's payment. 7.1.8 Contractor will designate and make the Owner's Representative or Agent(s) aware of the Contractor's designated representative (crew supervisor). The Contractor's designated representative (crew supervisor) will be on the property during maintenance operations. Owner's Representative or Agent(s) must be able to access and contact the Contractor's designated representative (crew supervisor) during Contractor's maintenance operations. 7.2 Mowing. 7.2.1 Mowing commencement and conclusion shall be at the discretion of the Cemetery Supervisor or his Agent. T2.2 Mowing height shall be determined by turf growth, but may be adjusted as necessary at the discretion of the Cemetery Supervisor. Height shall be adjusted for final freeze cut at the discretion of the Cemetery Supervisor or his Agent. 7.2.3 Clippings shall not be bagged and all hard surfaces shall be cleaned after each Cycle. Mowers shall leave no clumps or windrows of grass. 7.2.4 Mowing equipment shall be reel mowers or turf type full flotation rotary mowers and shall be approved by the Cemetery Supervisor or his Agent. 7.2.5 Turf within a 25 foot perimeter adjacent to the Cemetery Office Building and the entire turf perimeter of the Mausoleum Building must be mowed with a push mower. 7.2.6 Hard surfaces, sidewalks, and areas around the Cemetery Office and the mausoleum shall be cleaned with a broom or leaf -blower after each cycle. 7.3 Edging: 73.1 Cremation gargen, Cemetery Office Building, the Mausoleum, sidewalks, and curbed plant material beds shall be edged to a depth of one inch. 7.3.2 All edging shall be performed concurrently with mowing on Cemetery property. 733 Contractor will use a "stick edger" or similar equipment per the Owner's Representative or Agent(s)' approval. String trimmer or curb dressing may not be used for these tasks. Chemical edging is not permitted. 7.3.4 Street curb edging shall be accomplished concurrently with mowing operations and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may not be used for this task. 7.4 Trimming: 7.4.1 All string trimming must be done to achieve a height uniform with the mowing height. 7.4.2 Trimming must be performed around monuments (both flat and upright), plaques, trees, plant buds, buildings, signs, fences, and any other plants or structures. All hard surfaces, sidewalks, streets and parking areas must be kept free of grass, weeds and debris. This task must be completed the same ��I I INDEX S ' SPECIFICATIONS day as the mowing is performed. 7.4.3 Except as provided herein, Contractor will string trim half of the Cemetery property each Cycle. The opposite half of the property shall be trimmed during the next mowing Cycle. The halfway point of the Cemetery shall be Euonymus Road creating east and west halves. The entire Cemetery property shall be trimmed on the initial Cycle of the spring growing season, as well as the week prior to the following occurrences: Easter Sunday, Memorial Day, Mother's Day, Father's Day, July 0', Labor Day and the final freeze cut of the mowing season. 7.4.4 Contractor will string trim the Cemetery Office and the areas between the office and the bordering monuments each mowing Cycle. Contractor will string trim the entire Cremation Garden area each mowing Cycle. Contractor will string trim the entire Mausoleum area. Contractor will string trim the entire area of Block 47 Baby Land each mowing Cycle. 7.5 Control of Work: 7.5.1 Funeral Services and Funeral Processions: The Contractor shall schedule and perform Work to enhance public use, ensure the safety of visitors to the Cemetery, and to restrict conflict, interference, or inconveniencing funeral services or funeral processions on the Cemetery property. Upon request, the Cemetery will provide the Contractor with the locations and times of pending funeral services 24 hours in advance of their occurrence. 7.5.2 Citizen Contact: The Contractor is granted the privilege of doing Work on Cemetery property, but does not have exclusive use of the property. The Contractor shall take all precautions that his maintenance activities do not disturb funeral services or those visiting the Cemetery. Citizen contact with those involved with funeral services as well as with visitors to the Cemetery requires sensitivity and understanding. Contractor employees and agents should be aware of the location of the Cemetery office, and should politely instruct all citizens to direct inquiries there. Contractor employees should be aware of the Cemetery Office location. 7.5.3 Cemetery maintenance shop has restroom facilities for Contractor's employees' use. Restroom facilities at the Cemetery Business Office will not be used by Contractor's employees. 7.5.4 Contractor's employees will properly dispose of their beverage containers in a trashcan or dumpster. Contractor's employees will not dispose of their beverage containers on the Cemetery property. 7.5.5 Any litter, such as, but not limited to shredded real or artificial flowers, Styrofoam ornaments, or other grave adornments, created by the Contractor in the maintenance of the Cemetery property shall be picked -up and disposed of properly and to the satisfaction of the Owner's Representative or Agent(s). ADDITIVE OPTION 1. Contractor will string trim the entire Cemetery property for each cycle. INDEX 9 RED FORM APPROX ANNUAL ITEMMAINTENANCE/ UNIT ADDRESS MOWABLE . MAJNT � CYCLES Ulm MAINT., CYCLE EXTENDED COST ACREAGE APPROXIMATE PROXIMATE) UNIT COST 35, LEWIS & LE LEAGUE FIELDS 54TH & AVE I 8.4 26 EA 36. MCALL1917ER BASERMk, SM & FRANKFORD 544 25 EA FIELDS 37. CAVAZOS BASEBALL MAI _� SHARP FREEWAY FIELDS SPUR32 12.43 25 EA 38. MLK LITTLE LEAGUE E 19'n'& ASPEN AVI�-. 715 25 EA COMPLEX 39, TECH TERRACE 23RD & FLINT 18.0 25 EA 40. TRINITY BASEBALL 40TH & UNIVERSITY 2,65 25 EA 41. RIBBLE 62ND&TEMPLE IsAg EA 42. DAVIS 40TH & NASHVILLE 25 � EA 43. MAXEY 30TH AND NASHVILLE 47,53 25 YOU114 SPORTS 44. COMPLEX 6204 125TH 581 25 EA DEVELOPED 45. SIMMONS (INCLUDING E. 23RD & OAK 54 '25 EA SWIMMING POOL) 46, CLAPP FLAG FOOTBALL 4400 & AVE U 3.24 25 EA FIELDS GROUP 2 CLASS A& B APPROX. ACREAGE 271.06 '5 GROUP 2: CLASS A & 0 TOTAL COST (ITEMS 25 - 46) $ GROUP (II.AQR r PARICR ANn PRnPVRTFV.Q- APPROX ANNUAL ITEM UNIT ADDRESS MAINTENANCE/ MATNT Ulm MAINT, CYCLE EXTENDED MOWABLE CYCLES COST --ACREAGE APPROXIMATE UNIT COST. 47, N. AVE Q STRIP N. AVE Q DR � & N. AVE. P 0.16 17 EA -oo 4& GUADALUPE ENTRANCE IST&AVE. J 0.25 17 EA 6 -7 4 INDEX 9 BID FORM ITEM UNIT ADDRESS APPROX MAUCTENANCE/ MOWABLE ANNUAL MAINT CYCLES U/M MAINT. CYCLE EXTENDED. Covr ACREAGE (APPROXIMATE) UNIT COST 49. GUADALUPE 2ND & AVE. P 3.2 17 EA 0 00 50. WOODS ERSKINE & ZENITH 11.2 17 EA' 4. 0 51. GUADALUPE STRIP N. AVE, P & 2ND 3.5 17 EA 52. PALLOrl'INE N. AVE. L & IST 1.5, 17 EA '74 oo l-a 53. CARTER N. GLOBE & N. LOOP 289 1.7 17 EA a 19. 00 q 3 (o 54, Sims MARLBORO & KING 5A 17 EA' 9 loo .—a] 55. REAGAN COLGATE ST. & OLIVE AVE. 4,48 17 EA $6, HOLLINS 1ST & VERNON 43 17 EA 57. DAVIES N. AVE N & CLEMSON 6.O17 EA 58. CANYON RIM BATES & AVE K .3.4 17 EA oc 59. SEDSERRY E. I OTH &GUAVA .5.0. 17 EA 0 60, BUTLER E. 4TH & ZENITH 8.0 17 EA cl .00 61. OVERTON 14TH & AVE U 2.0 17 EA 0 -• 7, 0 o 62. ROY FURR PIONEER 6TH & AVE T 41 17 EA 0 , k.� -00 63, CARLISLE CEMETERY 730819TH 1.1 17 EA 4- o Z 64. SMITH 15TH & CHICAQO 43 17 EA 15 9 �00- 65, LOPEZ AUBURN & CHICAGO 8.53 17 EA. I q 1.00 11-7, 66. COOKE I STH & YJY U 7.25 17 EA 42 8 q 67, WHISPER WOOD 4TH & WHISPER WOOD 5.0 17 EA .015Q 1 1,14 0 a s g . o 68. BUDDY HOLLY REC AREA N, UNIVERSITY & CANYON LAKE RD. 8,06 17 EA ...... .. . .... 1�5 ....... .. c .1 () -if b -710, 5 INDEX 9 BID FORM APPROX ANNUAL MAINT. ITEM ADDRESS MAINTENANCE! MOWABLE MAINT CYCLES U/M CYCLE EXTENDED COST ACREAGE PROXIMATE) UNIT COST 69. FIESTA PLAZA 911 N. UNIVERSITY 17.35 17 EA G ,.00 _•,,3 o `� as 70. MAEDGEN 1ST & BOSTON 4,51 17 EA 2 6 o o 71, DETROIT AVE. STRIP CLOVIS HWY, TO 2ND PLACE 1.7 17 EA t✓ 72, RCA (DEVELOPED) ISM & 1NLER 3.12 17 EA 0 r 0 0 0 0 - 0 73, OLD ANIMAL SHELTER 401 N. ASH 2.7 17 £A V r o FI 74. CORRIDOR ZiE/MACKENZIE RR1D 3a11-27 113.66 1? EA L1V a00 0&<90 r, o GROUP 3 CLASS C APPROX, ACREAGE 243.89 W5 CROUP 3: CLASS C "TOTAL COST (ITEMS 47 - 74) S ! + 00 CROUP4 CT.AFS; C PARKS ANn P12f1PRUTiRCr APPROX ANNUAL MAINT. ITEM UNITADDRESS MAINTENANCE/ MOWABI.E MAINT CYCLES U/M CYCLE EXTENDED COST ACREAGE (APPROXIMATE) UN11"COST 75. HAMILTON 22NO & AVE X 6.05 25 EA ';� o l} 82ND TO 96TH & 76. QUINCY MEDIANS 93RD & PONTIAC TO 96TH AND 5.62 17 EA j D fl 5015,00 PONTIMC 77. REMINGTON 74TH & ALBANY 16.44 17 EA 1'1 % f 0 V t L% r _ t�.f III o O ll! 78. 69TH & SLIDE 69"il•I & SLIDE 2,24 17 EA �1 , 00C./ 79, McCRUMMEN 19TH & AVE T 2.60 17 EA ~t✓ C.� 80. CHATMAN HILL .ENTRANCE 23RD & AVE A '025 17 ' EA 0 $ I, LUSK E.25TH & OAK &7 17 EA 81 WASHINGTON E, 22ND & CEDAR 3.5 17 EA INDEX 9 BID FORM ITEM UNIT ADDRESS APPROX MAINTENANCE/ MOWABLE ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) UiM MA1NT. CYCLE UNIT COST EXTENDEDCOST 83. CARLISLE 27TH & AVE X 4.5 17 EA } ["j 4J C� x o/� Q l/fJ]] 84. CHATMAN E, 29TH & JUNIPER 3.0 17 EA • ©L✓ 85. RAWLINGS 40TI-1 & AVE H 1.9 17 EA 86. BURNS 23RD ANDAVE K 3.0 17 EA 87. BERRY 36TH & CEDAR 9.9 17 0 .V G o o 88. WAGNER 26TH & ELGIN 8,87 17 EA 89. HINOJOSA 733622ND 3.85 17 EA x 90. DURAN 26TH & KEWANEE 8.42 17 EA fllr Vt! I /1 ( STRONG SIST&AVE. U 9.7 17 EA IS91. 0 92. UNDERWOOD 74rrH & CEDAR 9.0 17 EA �t 1 93. WHEELOCK 40TH & ELGIN 1.5 17 EA to 94. RATLIFF 50TH & CI ICAGO 6.0 17 EA � 77 a 95. HOEL 84TH & CHICAGO 8,28 17 LA 1on /1 96. NEUGEBAUER 83RD & GARDENER 3.29 17 hA o .60 97, CASEY 66TH&AVE W 9.4 17 EA v /1 L� 98. CROW 91ST & BELTON $.87 17 EA 99, NEW ANIMAL SHELTER 3323 SE LOOP289 3 17 EA 100. MILWAUKEE MEDIANS MILWAUKEL & MARSHA SHARP FREEWAY TO SPUR 327 � 17 EA � i11 h V �("v} /"LJ� GROUP 4 CLASS C APPROX. ACREAGE 138.05 GROUP 4 CLASS C TOTAL COST (ITEMS 75 -100) 4,624.00 2,676.00 INDEX 9 BID FORM GROUP5 rLASS r PARWR ANIA PRnPRRTTPQ- APPROX. ANNUAL ITEM UNIT ADDRESS MAINTENANCE) MOWABLE MA1NT. :CYCLES U/M MAiP{T CYCLE EXTENDED COST ACREAGE A roximata UNIT COST CLAPP (EXCLUDING TRINITY BASEBALL 101. FIELD, SWIMMING 46TH & AVE U 86.5 17 EA POOL,TEA TERRACE & {a �y �y /� 3 5 u Lo 00 FLAG FOO'IIIALL FIELDS Ci V . 102, LEFTWICH 60TH & ELGIN 24.04 17 EA 1 : 103. ELMORE 66TR & QUAKER 30.16 17 EA �J [, 104. ANDREWS 76TH & MEMPHIS 17.39 17 £A EA �' 5. QQ 105. JE'NNINGS 73RD & WAYNE 29.07 17 EA Li/�i 106, DUPREE 5811I & TOLEDO 25.58 17 EA tJ f } 9. cs� (o,/ 107. MILLER MEMPHIS & S. LOOP 289 2634 17 EA ` 108. HIGGINBOTFIAM 19TH & VICKSBURG 17.3 17 EA r 0o L�l1J fJ o o 109. MCCULLOUGH 88TH & FLINT 20.17 17 EA r �c% � 110. LONG 56TH & ABERDEEN 12•S7 17 EA O f r III. GUY 87TH & MEMPHIS 14.42 17 EA V A'1 Z 6 112. STEVENS 75TI1&SLIDE 14.08 17 EA ) 0 113. HUNEKE 8ZNiD & NASHVILLE 11.27 17 EA o 175,00 114. MAHON 29TH & CHICAGO 14.16 17 EA -7O _ O c✓ r.J j� � /C i/ j 115. KASTMAN JOLIET & LOOP 289 14.59 17 EA 116. TENNIS CENTER 66TFI & GARY 11.96 17 EA ivrJCJx� GROUP 5 CLASS C APPROX. ACREAGE 369.E 1 r , GROUPS CLASS C TOTAL COST (101- 116) s - t / . pa INDEX 10 CITY OF LUBBOCK PROPOSED EQUIPMENT FOR PARKS TURF :MAINTENANCE MAKE AND MODEL r INDEX 11 CITY OF LUBBOCK PARKS DEPARTMENT PAYMENT REQUEST FOR PARKS TURF MAINTENANCE DATE: CONTRACT NUMBER: COMPANY NAME: COMPANY ADDRESS: Payment for completed Turf Maintenance Cycles for the following Groups. (List each separately): Groin Mowing Cycle # Bate Completed Cost TOTAL COST PERFORMANCE VERIFICATION BY CONTRACTOR'S REPRESENTATIVE S PAYMENT AUTHORIZATION BY OWNER'S REPRESENTATIVE PAGE INTENTIONALLY LEFT BLANK INDEX 12 HAZARDOUS COMMUNICATION PROGRAM WRITTEN HAZARD COMMUNICATION Exhibit A. Administered by the City of Lubbock's Safety Department i PAGE INTENTIONALLY LEFT BLANK INDEX 12 HAZARDOUS COMMUNICATION PROGRAM WRITTEN HAZARD COMMUNICATION PROGRAM TABLE OF CONTENTS L POLICY STATEMENT REGARDING HAZARD COMMUNICATION Il. HAZARD COMMUNICATION IMPLEMENTATION PLAN A. Workplace Chemical List B. Material Safety Data Sheets (MSDS) C. Container Labeling D. Employee Training E. Other Implementation Procedures III. TRAINING OUTLINE A. Hazard Communication B. Hazardous Chemical Identification C. Material Safety Data Sheets (MSDS) D. Container Labeling E. Personal Protective Equipment F. Responding to an Emergency Appendix A - Workplace Chemical List Appendix B - Letter Requesting MSDS Appendix C - Hazard Communication Training for Contractors/Seasonal/ Temporary Workers Appendix D - Contractor acknowledgment of Hazard Communication Appendix E Chemical Spill Plan I. POLICY STATEMENT REGARDING HAZARD COMMUNICATION In the normal course of serving the citizens of Lubbock, employees of the City of Lubbock are routinely asked to use hazardous materials. Providing a safe work environment for City of Lubbock employees is an organizational priority. In order to ensure safe handling of hazardous materials, it is the policy of the City of Lubbock to communicate to our employees and contractors the hazards of those materials, and the precautions they must take to protect themselves, 'via our comprehensive Hazard Communication Program. The Hazard Communication Program will include information about: Workplace Chemical List Material Safety Data Sheet (MSDS) INDEX 12 f— HAZARDOUS COMMUNICATION PROGRAM Container Labeling Employee Training Other Implementation Procedures Each department of the City of Lubbock will designate an employee as their Hazard Communications Coordinator. That employee may be someone already selected to be the department Safety Coordinator. The Hazard Communications/Safety Coordinator will ensure that the Hazard Communication Implementation Plan, found in Section II of this document, is implemented in their department. It is the responsibility of every City of Lubbock employee to follow all established safety policies and procedures, and to notify supervisory personnel of unsafe work conditions. Hazard Communication is the law? The success of the City of Lubbock's written Hazard Communication Program depends on the commitment of management and employees to understand, and implement the program in each department. II. HAZARD COMMUNICATION IMPLEMENTATION PLAN The following plan describes how compliance with the Texas Hazard Communication Act (THCA) will be achieved in the City of Lubbock. The Hazard Communication Coordinator in each department, or his/her designee, will be responsible for implementing this plan in their work area. A. WORKPLACE CHEMICAL LIST A workplace chemical list will be prepared for each department listing each hazardous chemical present in the work area that exceeds the quantity of 55 gallons or 500 pounds on any one day during the year. "Hazardous Chemical" means any element, chemical compound or mixture of elements and/or compounds which is a physical hazard or health hazard as defined by the OSHA standard in 29 CFR Section 1910.1200 (3) or (d). This list will include: 1. Date the list was prepared. 2. Signature of the individual who prepared the list. 3. Chemical name(s). (name as it appears on the label and MSDS) 4. Location where the chemical(s) is/are stored. (Note: Appendix A is provided as a template for your workplace chemical list.) The workplace chemical list will be updated, immediately upon receipt of a new chemical that exceeds the 55 gallon/500 pound threshold, and by i December 31st of each year. The workplace chemical list will be made readily accessible and available to all employees or a verified employee � i INDEX 12 HAZARDOUS COMMUNICATION PROGRAM representative during he work shift in which it is requested. Each department will maintain all workplace chemical lists for at least 30 years. B. MATERIAL SAFETY DATA SHEETS (MSDS) Each department shall obtain, and maintain on file, a MSDS for every hazardous chemical in their work area. MSDS's will be readily available for review during each work shin by all employees or a verified employee representative. Employees will be trained on how to access the MSDS's. All missing MSDS's will be requested in writing from the manufacturer or distributor. Any hazardous chemical not having a corresponding MSDS will be removed from service until he MSDS is received. (Note: Appendix B is a sample letter- that you may use to request MSDS's from manufacturers and suppliers.) All MSDS's will be reviewed annually. For each MSDS in excess of 2 years most h current manufacturer and ut � date for that tchem cal. An updated ' M is he be mine if the information y p MSDS's received from the supplier will be inserted in the MSDS book and the old MSDS discarded. C. CONTAINER LABELING All hazardous materials must be labeled. The manufacturer's label must not be intentionally removed, defaced or covered up. Where labels are unintentionally damaged, or where the chemical is transferred to a portable container, a new label will be immediately attached to he container that lists the following information: 1. The chemical name (as it appears on the MSDS). 2. Physical and health hazards, and target organs. 3. Manufacturer's name and address. No employee shall be asked to work with a hazardous chemical from an unlabeled container except from a portable container intended for the immediate use of the employee who fills the container. The Hazard Communication coordinator must inform employees who work around unlabeled vives. he following information regarding otentiali hazardous substances contained in the piping: 1. The hazardous substance in the pipe. 2. Potential hazards. 1 E. INDEX 12 HAZARDOUS COMMUNICATION PROGRAM 3. Safety precautions to be taken. City Policy: All compressed gases including air compressors, must be labeled with the words: Caution: Compressed Gas EMPLOYEE TRAINING All Contractor employees will be trained in Hazard Communication. In accordance with City policy, employees who are routinely exposed to hazardous chemicals while performing their job duties, must receive annual Hazard Communication refresher training. The training will include, at a minimum, the following: 1. Information on interpreting labels. 2. Information on interpreting MSDS's. 3. The relationship between labels and MSDS's. 4. The location of hazardous chemicals in their work areas. 5. The acute and chronic health effects of hazardous chemicals in their work areas. 6. Safe handling of hazardous chemicals in their work areas. 7. Proper use of personal protective equipment (P.P.E.) 8. First aid treatment to be used with respect to the hazardous chemicals in their work area. 9. General safety instructions on handling, clean-up procedures, and disposal of hazardous chemicals. This training will be provided to each employee before they begin working in an area that contains hazardous chemicals. Additional training will be provided to employees when: 1. They are new or newly assigned to that work area. 2. The potential for exposure to hazardous chemicals changes. 3. When new chemicals are brought into the work area. OTHER IMPLEMENTATION PROCEDURES Reporting Fatalities and Injuries According to the City Safety and Loss Prevention Manual, upon sustaining an on-the-job injury, including those resulting from chemical exposure, the employee or supervisor must report the injury to the Safety department immediately. A Personal Injury Investigative Report must be completed and submitted to Safety within 24 hours of the accident or injury. The City of Lubbock Risk Manager will be responsible for reporting to the Texas Department of Health within 48 hours of occurrence, in accordance with the THCA, all employee accidents involving chemical exposure or asphyxiation i i INDEX 12 ]HAZARDOUS COMMUNICATION PROGRAM that is fatal to one or more employees, or results in the hospitalization of 5 or more employees. That report shalt include the circumstances of the accident, the number of fatalities, and the extent of any injuries. 3. Employee Rights The Contractor is responsible for informing the employees of their department the rights afforded to them by the Texas Hazard Communication Act (THCA). All employees have a "right to know", according to law, about chemical hazards in the workplace. Those rights include: l . Access to a workplace chemical list. 2. Access to a MSDS for all hazardous chemicals in the workplace. 3. A right to be trained about chemical and physical hazards in the workplace, including the possibility for accidental exposures, and measures they can take to protect themselves from those hazards. 4. A right to appropriate personal protective equipment (P.P.E.) 5. A right not to be discriminated against, disciplined, or discharged for filing a complaint or participating in an investigation of potential violations of the THCA. 6. An employee may not waive their rights under the THCA. 7. Special arrangements must be made by the Hazard Communication Coordinator to interpret Hazard Communication information to those individuals who, because of illiteracy or language barrier, are unable to access those materials. 4. Contractor Employee Hazard Communication All contractors must agree to comply with all requirements of the Texas Hazard Communication Act (THCA) and the OSHA Hazard Communication Standard while on City of Lubbock property. The Contractor and/or Placement Agency will provide basic Hazard Communication training to their employees according to the requirements of the law. Contractors will be responsible for informing their employees of hazardous materials present in their work areas, training of their employees, and furnishing all required personal protective equipment. z_ Any employee supervised by a City of Lubbock employee, even if they are referred and/or paid by an agency or contractor, must be provided training before they begin work. The Hazard Communication Coordinator for the department in which the contractor employees are assigned will be responsible for providing Hazard Communication training specific to the hazards INDEX 12 HAZARDOUS COMMUNICATION PROGRAM associated with working in that department. All training must be documented and recorded according to this Implementation Plan. (Note: Appendix C is an outline that may be used as an abbreviated training guide for training contractor/ seasonal/ temporary employees placed with the City through an Agency.) All contractors will be informed of the hazardous chemicals present in the buildings in which they work. They will be shown the storage location and given access to the MSDS's and workplace chemical lists for that department. The Hazard Communication Coordinator will obtain from the contractor a signed document acknowledging these items were communicated to the contractor representative. (Note: Appendix D is a form that may be used for Contractor Hazard Communication Acknowledgment.) All contractors who bring hazardous chemicals on to City of Lubbock property'must provide a MSDS for each chemical and an inventory of all chemicals brought on site. These documents must be accessible to the Hazard Communications Coordinator and City of Lubbock employees. 5. Personal Protection Equipment (P.P.E.) Personal protective equipment shall be provided by departments and used by employees if the potential for occupational exposure remains after instituting engineering and work practice controls, or if such controls are not feasible. The Hazard Communication Coordinator for each department is responsible for acquiring and making available to employees, P.P.E. appropriate for the hazards in that workplace. The P.P.E. must be kept in good condition, stored in a sanitary fashion, and inspected regularly for functionality. E_ 20 Appendix A Workplace Chemical List (List of hazardous materials stored in excess of 55 gallons or 500 pounds) department ,3 7 ....._ INDEX 12 HAZARDOUS COMMUNICATION PROGRAM Chemical Location 1 3. 4. 5. 6, 7. 8. 9. 10. 11. Date of list: Signature : Note. This list must be maintained on file in the department for 30 years. 8 INDEX 12 HAZARDOUS COMMUNICATION PROGRAM Appendix B Date: To Whom It May Concern, As you know, the United States Hazard Communication/Right-to-Know laws require employers to make available to their employees a current Material Safety Data Sheet (MSDS) for all hazardous chemicals used in their workplace. As part of the City of Lubbocles ongoing effort to comply with these laws, we respectfully request a copy of the most current MSDS for the following chemicals manufactured and/or distributed by your company: Please send to: City of Lubbock, P.O. Box 2000, Lubbock, TX 79457, Attn: Your assistance in this matter is greatly appreciated. Sincerely, xc: MSDS book (filed under name of requested chemical) 9 INDEX 12 HAZARDOUS COMMUNICATION PROGRAM 21 Appendix C Hazard Communication Training Outline for Contractors/Seasonal/TemporaryContractors/Seasonal/Temporary Workers The following information should be presented to all new and newly assigned employees, temporary and permanent, full and part time. This includes temporary workers placed by employment agencies. The discussion should be held during a new employee orientation and provide general information regarding Hazard Communication laws. This information will then be supplemented with site -specific hazard communication training by a worksite supervisor once the employee is assigned to a department. • employee rights under the law, including, but not limited to: - a right to this training (hazard communication) - a right to ready access to 1) a Workplace Chemical List 2) a Material Safety Data Sheet (MSDS) for every hazardous chemical in their work area 3) Personal Protective Equipment (PPE) appropriate to their job - a right to work with chemicals in properly labeled containers definitions of: 1) Hazard Communication 2) Workplace Chemical List 3) Material Safety Data Sheet 4) Personal Protective Equipment s what information is on a MSDS and how to read them • what information is on a properly labeled container • the relationship between MSDS's and container labels s site -specific training should include the following. the storage location of chemicals and their MSDS's, the acute and chronic health effects of each chemical, specific first -aid training, safe handling, clean-up, and disposal procedures for each hazardous chemical. A record of this training according to law, should be maintained for a minimum of 5 years. That record should include a list of attendees, the instructor's name, date, and the specific subjects discussed. Require all employees, once they understand and feel comfortable with the information provided, to sign the document confirming that they have received the training. 10 Appendix D INDEX 12 HAZARDOUS COMMUNICATION PROGRAM Contractor Acknowledgment of Hazard Communication I have been informed of the presence of hazardous materials on the premises, and of the location of the corresponding Material Safety Data Sheets (MSDS). I agree to provide MSDS's for all hazardous materials brought on site, and will remain in compliance with the Hazard Communication Standard while on City of Lubbock property. Contractor signature Date 11 Appendix E INDEX 12 HAZARDOUS COMMUNICATION PROGRAM CHEMICAL SPILL PLAN I. Small Spill - less than 20 gallons contained on an impervious surface (concrete, etc.) • Attend to Injured • Notify the Hazard Communication Coordinator at # • Turn off any ignition and heat source • Consult MSDS for clean up instructions and hazard precautions • Wear appropriate Personal Protective Equipment • Contain spill with absorbent materials, sandbags, "snakes", "pigs", etc. • Overpack leaking containers • Clean up contaminated area • Dispose of residues according to law 11. Large Spill - 20 gallons or more, or any spill that threatens surface waters (playa lake), ground water, or sanitary or storm sewer systems, or any "extremely hazardous substance" spill. (Consult Texas Tier Two list) • Call 911 • Attend to injured • Notify the Hazard Communication Coordinator at # • Turn off any ignition or heat source • Consult MSDS for clean up instructions and hazard precautions • Wear appropriate Personal Protection. Equipment • Contain spill with absorbent materials, sandbags, "snakes", "pigs", etc. • Overpack leaking containers • Contact the following: 1) TNRCC Emergency Response Team 796-7092 8 - 5 Mon. - Fri. (800) 695-2337 after hours (enter #20770 at prompt) 2) National Response Center (800) 424-8802 Location of: First Aid Kit Spill Containment Materials Emergency Exit Map ,. _; 12 PAGE INTENTIONALLY LEFT BLANK