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HomeMy WebLinkAboutResolution - 2015-R0163 - Contract - Parkhill, Smith, & Cooper - LP&L Renovations - 05_28_2015Resolution No. 2015-RO163 Item No. 6.24 May 28, 2015 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. 12328, for professional architectural and professional services related to the renovations of the Lubbock Power and Light offices at the Municipal Hill location for a fixed fee in the amount of $65,800.00, by and between the City of Lubbock and Parkhill, Smith, & Cooper, Inc., of Lubbock, Texas, 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. Passed by the City Council this 28th day of May , 2015. G r C. RO ERTSON. MAYOR ATTEST: Re je, a Garza, City Secretary APVED AS TO CONTENT: �k1) �--' (?,f Wesley D. Everett, Director of Facilities Management APPROVED AS TO FORM: aura ratt, Assistant City Attorney Resolution - PSC Municipal Hill 5.5. ] 5 May 5, 2015 Resolution No. 2015-RO 163 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT# 12328 This Agreement ("Agreement"), effective as of the 281h day of May 2015, is by and between City of Lubbock, Texas ("City"), a Texas home rule municipal corporation, and Parkhill Smith & Cooper ("PSC"), a Texas "Corporation". WITNESSETH WHEREAS, the City desires to obtain professional Architectural services related to the Renovations of the LPL Offices located at 402 East Municipal Drive, Lubbock, Texas (the "Project"); and WHEREAS, PSC has a professional staff experienced and is qualified to provide professional Architectural services related to the Project, and will provide the services, as defined below, for the price provided herein, said price stipulated by City and PSC to be a fair and reasonable price; and WHEREAS, the City desires to contract with PSC to provide professional Architectural services related to the Project and PSC desires to provide the services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and PSC hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of at least three hundred (300) days, as set forth in the receipt of the Notice to Proceed. The term may be altered by subsequent amendments of this Agreement, with the written and authorized consent of both parties. ARTICLE II. SERVICES AND COMPENSATION PSC shall perform the services described in Exhibit A with regard to the Project and payment shall be due and payable upon receipt in accordance with work provided. Payments due PSC under this Agreement shall be electronically transferred either by ACH, or wire transfer to the bank account and in accordance with the bank instructions identified in PSC's most recent invoice in immediately available funds no later than the payment due date. Invoice number, project name and Contract Number shall be referenced in the bank wire reference fields or the ACH addenda information. In the event that such electronic funds transfer methods are not available to City, then payments due PSC under this Agreement shall be made by check and mailed to the Address identified in the remittance instructions Page 1 of 10 PSC Agreement — LPL Offices @ Municipal Hill on PSC's most recent invoice. The Remittance Advice document shall be mailed with the check to the address. ARTICLE III. TERMINATION A. General. City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to PSC. In the event this Agreement is so terminated, the City shall only pay PSC for services actually performed by PSC up to the date PSC is deemed to have received notice of termination as provided herein. B. Termination and Remedies. In the event PSC breaches any term and/or provision of this Agreement the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law or equity, including without limitation, termination of this Agreement and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shal[ be cumulative. ARTICLE IV. NON -ARBITRATION A. 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. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. PSC is a Corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by PSC. This Agreement constitutes legal, valid, and binding obligations of PSC and is enforceable in accordance with the terms thereof. C. Professional. PSC maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with applicable laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. D. Performance. PSC will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional Architectural services, and comply with applicable laws, rules, and regulations, both state and federal, relating to professional Architectural services, as contemplated hereby. E. Use of Copyrighted Material. PSC warrants that any materials provided by PSC for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is Page 2 of 10 PSC Agreement — LPL Offices @ Municipal hill protected under the Copyright Act or any other law, statute, rule, order, regulation or ordinance relating to the use or reproduction of materials. PSC shall be solely responsible for ensuring that any materials provided by PSC pursuant to this Agreement satisfy this requirement and PSC agrees to indemnify and hold City harmless from all liability or loss caused to City or by to which City is exposed on account of PSC's failure to perform this duty. F. PSC shall perform in a manner consistent with that degree of care and skill normally practiced by members of the Architectural profession currently performing services of a similar nature, and circumstances at the same time and similar locality. If, during the six month period following the earlier of completion or termination of the Project it is shown there is an error in the Project caused solely by PSC's failure to meet such standards, and City has promptly notified PSC in writing of any such error within that period, PSC shall perform, at PSC's cost, such corrective Architectural services within the original Scope of Services as may be necessary to remedy such error. ARTICLE VI. SCOPE OF WORK PSC shall accomplish the following: Professional Architectural and related Professional Services related to the Renovations of the LPL Offices at the Municipal Hill, as defined in Exhibit "A". ARTICLE VII. INDEPENDENT CONSULTANT STATUS PSC and City agree that PSC shall perform the duties under this Agreement as an independent consultant and shall be considered as independent consultant under this Agreement and/or in its activities hereunder for all purposes. PSC has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Project under this Agreement, PSC and PSC's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE PSC shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein as described in Exhibit B. PSC shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of PSC to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Page 3 of 10 PSC Agreement — LPL Offices @ Municipal Hill Commercial General Liability: Each Occurrence: $1,000,000 Professional Liability: Per Claim (Tail Clause Required): $1,000,000 Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence PSC shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for PSC, protecting City against direct losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be named as additional insured with respect to the the Automobile Liability and Commercial General Liability on a primary and non contributory basis and shall be granted a waiver of subrogation under those policies. PSC shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Copies of all endorsements are required. PSC shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, PSC shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that PSC maintains said coverage. PSC may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Tail Clause —Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained, at Architect's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this contract and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the work specified in the contract. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. If at any time during the life of the Agreement or any extension hereof, PSC fails to maintain the required insurance in full force and effect, PSC shall be in breach hereof and all work under the Agreement shall be discontinued immediately. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS PSC may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of PSC provided that City approves the retaining of Sub -consultants. PSC is at all times responsible to City to perform the Project as provided in this Agreement and PSC is in no event relieved of any obligation under this Contract upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by PSC shall be required to carry, for the protection and benefit of the City and PSC and naming said third parties as additional insureds, insurance as described above in this Agreement. Page 4 of 10 PSC Agreement — LPL Offices @ Municipal Hill ARTICLE X. CONFIDENTIALITY PSC shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law, ARTICLE XI. INDEMNITY PSC SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF PSC, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OF TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS PSC shall comply with applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from PSC to City or City to PSC is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. PSC 's Address. PSC 's address and numbers for the purposes of notice are: Mike Moss, A.I.A. — Firm Principal 4222 850 Street Lubbock, TX 79423 Telephone: (806) 473-2200 Email: mmoss@team-psc.com Page 5 of 10 PSC Agreement — LPL Offices @ Municipal Hill C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Wesley D. Everett — Director Facilities Management P. 0. Box 2000 1625 13th Street Lubbock, TX 79457 Telephone: (806) 775 — 2275 Email: Weverett@mylubbock.us D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA City shall furnish PSC any available data in the possession of the City pertinent to PSC's Services, so long as City is entitled to rely on such data for the performance of PSC's Services under this Agreement (the "Provided Data"). PSC shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. PSC shall provide access to its books and records to the City. The City may audit, at its expense and during normal business hours, PSC's books and records with respect to this Agreement between PSC and City. C. Records. PSC shall maintain records that are necessary to substantiate the services provided by PSC. City. D. Assignability. PSC may not assign this Agreement without the prior written approval of the E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and PSC, and in the case of City, its respective successors, legal representatives, and assigns, and in the case of PSC, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. Page 6 of IO PSCAgreement — LPL Offices 0Municipal Hill G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by PSC and City. I. Entire Agreement. This Contract, including Exhibits "A" and "B", attached hereto, contains the entire Agreement between the City and PSC, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between PSC and the City. K. Documents Owned by City, Any and all documents, drawings and specifications prepared by PSC as part of the Project hereunder, shall become the property of the City when PSC has been compensated as set forth in Article II, above. PSC shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either City or PSC of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and PSC. N. Extent of Responsibility. PSC does not guarantee that proposals, bids or actual project costs will not vary from PSC's opinions of probable cost or that actual schedules will not vary from PSC's projected schedules. PSC shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to PSC, to fulfill contractual responsibilities to the Client or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to PSC in Exhibit A, Scope of Services. O. Unforeseen Circumstances. Except for Client's obligation to make payments, neither party shall be in default hereunder to the extent such default is caused by a cause or circumstance beyond such party's reasonable control. PSC shall be entitled to an equitable adjustment in schedule and compensation in the event such circumstances occur. P. Non -appropriation. 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 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. Page 7 of 10 PSC Agreement — LPL Offices @ Municipal Hill EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK r Glen . Ro on Mayor ATTEST: 4�" Rebe1cca Garza City 9'ecretary APPROVED AS TO CONTENT: 6 sVOV4 Wesley D. Everett APPROVED AS TO -FORM: a .( Chace Weaver - City Attorney Parkhill Smith & Cooper Mike Moss, A.I.A. Firm Principal Page 8oF10 PSC Agreement — LPL Offices @ Municipal Hill EXHIBIT A PSC Agreement — LPL Offices @ Municipal Hill Page 9 of 10 Exhibit A n� PARKHILLSMITH& April 8, 2015 Mr. Wes Everett City of Lubbock Facilities Manager PO Box 2000 Lubbock, Texas 79457 RE: Agreement for Professional Services for the Interior Renovation of your existing office, an existing space totaling approximately 6,396 sq. ft. Dear Mr. Everett, Parkhill, Smith & Cooper, Inc. (A/E) is pleased to have the opportunity to provide Architectural and Engineering services to you and Lubbock Power & Light (the Owner) for the interior renovation and remodel of your existing office space located at 402 Municipal Drive in Lubbock, Texas (the Project). We understand the Scope of Services you require to be: 1. The A/E will review the program furnished by the Owner to ascertain the requirements of the Project and will arrive at mutual understanding of such requirements with the Owner. 2. Based on the mutually agreed upon program, schedule and construction budget requirements, theA/E will prepare (for approval by the Owner) Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 3. The A/E will submit to the Owner a preliminary Opinion of Probable Construction Cost based on current area, volume and other unit costs. 4. Based on the approved Schematic Design Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the A/E will prepare (for approval by the Owner) Design Development Documents setting forth the final configuration of the buildings and the products to be used for the construction of the Project. 5. Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the A/E will prepare (for approval by the Owner) Construction Documents consisting of Drawings and Specifications setting forth the requirements for the construction of the Project. 6. The A/E will assist the Owner in the preparation of necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and the Contractor. 7. The A/E will advise the Owner of any adjustments to previous Opinion of Probable Construction Cost required by changes to the scope or market conditions. Abilene Amarillo El Paso Las Cruces Lubbock Midland team•psc.com Mr. Wes Everett Page 2 April 8, 2015 City of Lubbock 8. The A/E will inform the Owner to the best of their knowledge and will assist the Owner in connection with the Owner's responsibility for filing documents required for approval of governmental authorities having jurisdiction over the Project. 9. The A/E, following the Owner's approval of the Construction Documents and of the latest Opinion of Probable Cost, will assist the Owner in obtaining bids or negotiating proposals and assist in awarding and preparing contracts for construction of the Project. 10. The A/E will be the representative of and will advise and consult with the Owner during construction until the final payment to the Contractor is due. The A/E will have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 11. The A/E will visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and A/E in writing to become familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, the A/E will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of on -site observation as an architect, the A/E will keep the Owner informed of the progress and quality of the Work. 12. Based on the A/E's observations and evaluations of the Contractor's Applications for Payment, the A/E will review and certify the amounts due the Contractor. Specifically excluded from our scope of services are: ■ Surveys and Geotechnical Reports ■ Asbestos and Hazardous Materials Studies ■ Third -party Independent Construction Inspection Services ■ Construction Material Testing Our fee for the services described above will be based on a lump sum amount of $64,200 and will be billed on a percentage complete method. Should the scope of services described above change during the Project, the lump sum amount will be adjusted either up or down by a mutually agreed upon amount or based on an hourly rate method using the A/E's standard hourly rate schedule. Reimbursable expenses will be billed at invoice cost plus a fifteen percent markup for handling costs. Reimbursable expenses include, but are not limited to, mileage, fax communication, long distance phone charges, photographs, postage, reproductions/copies, color plots/prints, accessibility review and inspection fees, reproduction of Contract Documents and reports. We estimate these expenses to be approximately $1,600.00. Current Texas law does not provide for taxes on professional services other than taxes included with licensing fees. All licensing fees are included in our overhead and will not be in addition to the hourly rates / fees enclosed. However, the legislature is studying different taxation methods including taxes on professional services. If legislation is passed to that effect, taxes (if applicable) will be in addition to the hourly rates / fees enclosed. Mr. Wes Everett Page 3 April 8, 2015 City of Lubbock Many issues such as the Americans with Disabilities Act (ADA), Texas Accessibility Standards (TAS) and hazardous materials are of great concern to both building owners and to architects. The enclosed Standard Conditions gives a brief explanation of several of those issues and defines the roles and responsibilities for each party involved in this agreement. We will be glad to discuss these issues with you at your convenience. You may indicate your acceptance of this agreement and the attached Standard Conditions by returning one signed copy of this letter to our office. Unless another date is specified, we will consider receipt of the letter as authorization to proceed. We appreciate the opportunity to provide professional services to you and look forward to the successful completion of your project. If you have any questions please do not hesitate to call us. Sincerely, PARKHILL, SMITH & COOPER, INC. (A/E) By I... Bill Anan, AIA Firmncipal By David R. G rman, AIA Project Arc test IN DUPLICATE DRG/tls Enclosures LUBBOCK POWER & LIGHT (OWNER) Accepted By: Title: Date: The Texas Board of Architectural Examiners, P.Q. Box 12337, A;stin, Texas 78711-2337 or 333 Guadalupe, Suite 2- 350,Austin, Texas 78701-3942,(512)305-9000, www.tbae.state.tx. cis hasjurisdictionover complaints regarding the professional practices of persons registered as architects in Texas." Parkhill, Smith & Cooper, Inc. Hourly Rate Schedule Client: City of Lubbock Current through December 31, 2015 Project: Interior Renovation of existing Office Agreement Date: April 8, 2015 January 1, 2015 Classification Hourly Rate Classification Hourly Rate PROFESSIONAL LEVEL VII PROFESSIONAL LEVEL 11 Mechanical & Electrical $214.00 Mechanical & Electrical $101.00 Civil & Structural $208.00 Civil & Structural $100.00 Architect, Landscape & Interior $198,00 Architect, Landscape & Interior $97.00 Technologist $97.00 Resident Project Representative $97.00 PROFESSIONAL LEVEL VI Administrative $97.00 Mechanical & Electrical $197.00 Civil & Structural $190.00 Architect, Landscape & Interior $180.00 PROFESSIONAL LEVEL 1 $89.00 Intern Technologist PROFESSIONAL LEVEL V Resident Project Representative Mechanical & Electrical $175.00 Administrative Civil & Structural $171.00 Architect, Landscape & Interior $160.00 SUPPORT STAFF 111 $86.00 Technician PROFESSIONAL LEVEL IV CADD Mechanical & Electrical $143.00 Project Assistant Civil & Structural $140.00 Administrative Architect, Landscape & Interior $130.00 Resident Project Representative $130.00 Technologist $130.00 SUPPORT STAFF 11 $78.00 Technician CADD PROFESSIONAL LEVEL III Administrative Secretary Mechanical & Electrical $121.00 Project Assistant EL Civil & Structural $118.00 Administrative Architect, Landscape & Interior $110.00 Resident Project Representative $110.00 Technologist $110.00 SUPPORT STAFF 1 $45.00 Student EL CADD EL Administrative EL The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2015 through December 31, 2015. After December 31, 2015, invoices will reflect the Schedule of Charges currently in effect. kiData14Protects5201448717.14WDMINICONTRACTSIFINALNNAGE-201SArchitectural and MEP -Multiple Rates_doc EXHIBIT B PSC Agreement — LPL Offices @ Municipal Hill Page 10 of 10 A� D� CERTIFICATE OF LIABILITY INSURANCE DATE(I3/2014 la�ls��a14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement. A st.atament on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CECIL-DUNN INSURANCE AGENCY P. 0. BOX 3870 4120 AVENUE Q LUBBOCK TX 79452- NpMTACY J:Lm Zachary PHONE (806) 747-3404 IA. 1006I 747-1527 A"HAIL .jimzachary@cecildunninsurance.cam INSURERS AFFORDING COVERAGE NAIC d INSURERA.Travelers Indemnity Co. 5658 INSURED Parkhill, Smith & Cooper Inc. 4222 85th Street Lubbock TX 79423- 04SURER8 Traverers Lloyds Insurance Co. 1262 INSURERC: INSURER D : RISURER E: 1 INSURERP: CflVFRAC9F_5 CERTIFICATE NUMBER_ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 15SUED TO THE ENSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V'ATH RESPECT TO YAH1CH THIS CERTIFICATE MAY BE ISSUED OR UAY 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 PAR) CLAIMS IN6R LTR TYPE OF INSURANCE POLICY NUMBER AM POLICY YFF MMJDPOLICY YYY LIMITS B OEN£RALUABIUTY X COMtdERCIAL GENERAL LIABILr7Y CLAIMS -MADE a OCCUR y y JLCP-3C240454-TLC-14 9/30/2014 / / / / / 9/30/2015 / / / / / EACH OCCURRENCE S 1,000,000 1)GE 'ToRENTED P MI E S 300,000 MED EXP one person S 10,000 PERSONAL & AOV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE S 2,000,000 GEML AGGREGATE UMTT APPLIES PER: POLICY X PRO- LQC JFr,TaUTOMCSILEUABILnT PRODUCTS- CCMPIOP AGG S 2,000,000 NOMD S A X X X ANY AUTO ALL OYMED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS N AUTOS Leased Y Y -3C32865A 9/30/2014 / / / / 5/30/2015 / / / / COMBINED SINGLE LIMIT a �I 11000,000 OOOILY INJURY (Per FMSOnI S BODILY INJURY (Per acrldenl) _ S PROPERTYDAMAGE S s A X UIMBRELLAUAB EXCESS UAB X OCCUR CLAIMS4AADE Y Y UP-003C990923 9/30/2014 / / 9/30/2015 / / EACH OCCURRENCE $ S, 000, 000 AGGREGATE $ 5,000,000 DED I X I RETENTIONS 10,00 S A WORKERS COMPENSATION AND EMPLOYERS- LIAeIUTY Y 1 N A.'(YIUORIFARTFCUTIVE�NIA PEMBll0EO7 (M4odalm In NH If M. Uesarbe under DESCRIPTION OF OPERATIONS CNaw Y -UB-3975T58-9-14 9/30/2014 / / / / 9/3012C15 / / / / X I M STATU- O�TH- EL EACH ACCIDENT $ 1 000 000 E L DISEASE - EA EMPLOYE f 1,000,000 E L D[SEASE - POLICY LWI7 S 1 OQO O00 DESCRIPTION OF OPERATIONS f LOCATIONS 7 VEHICLES (Attach ACORD 101. Additional Rama rks Se hedufe, if mom apace Is required) City of Lubbock Attn: Geneva Ortiz PO BOX 2000 Lubbock ACORt) 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE; WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. A HORYEDRFESEN7AVVE A TX 79457- - /1 1968-2010 ACORD CORPORATION. All rights reserved. INS0251_AJ10C31o! The ACORD name and logo are registered marks of ACORD Attachment B -, ® �► CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) F1/7/2015 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 BOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL. INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McLaughlin Brunson Insuranc$ Agency, LLP 12801 N. Central Expressway Suits 1710 Dallas TX 75243 CONTACT NAME: Joseph A Bryant PFAX ArcHONNoE Evil: (214) 503-1212 AIC No:(214) 503-8899 EMAIL ADDRESS: ENSURER S) AFFORDING COVERAGE NA[C p INSURER A:XL specialty Insurance Company 37885 INSURED Parkhill, Smith b Cooper, Inc. INSURER B . INSURER C : INSURFRD: 4222 85th St. INSURERE: Lubbock TX 79423 INSURER F COVERAGES CERTIFICATE NUMBER: Cert I❑ 27726 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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 LTR -TYPE INSURANCEADDLSUBR N o POLICY NUMBER POLICY EFF MMIDDNYYYI POLICY EXP (MMIDDIYYYYJ LIMITS GENERAL LIABILITY EACH OCCURRENCE S PREMISES Ea co=rrencaI. S COMMERCIALGENERAL LIABILITY CLAIMS4AADE OCCUR MED EXP (Any one person) S PERSONAL a ADV INJURY S GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S POLICY PRO• LOG g AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea ao "',' S BODILY INJURY (Per person) S ANY AUTO ALLOLLNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIREDAUTOS NON -OWNED PROPERTYDAMAGE PAUTOS er accident S S UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE 5 EXCESS LlABHCLAIMS-MADE DED RETENTIONS S WORKERS COMPENSATION I WC STATU- OTH- AND EMPLOYERS* LIABILITY YIN M ANY PROPRIETORIPARTNERIEXECt1TIVE OFFICERIMEMSER EXCLUCED7 N 1 A E.L.EACH ACCIDENT $ (Mandatary NH) If yed, describe under E.L. DISEASE - EA EMPLOYE S DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT S A Professional Liability y DPR9720890 1/10/2015 1/10/2016 Per Claim $ 2,000,000 Annual Aggregate $ 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, Ir more space Is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible. Thirty (30) day notice of cancellation is in favor of the certificate holder on all policies. IRE: City of Lubbock - Fire Station #17 n�br,r�rwTr_ , r u rvn r - U� F% _ GANCELL.ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lubbock ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Wes Everitt PO Box 2000 AUTHORIZED REP�LRESSENTATNE Lubbock TX 79457 "ff_�r ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ,a►CCMD 0CERTIFICATE OF LIABILITY INSURANCEF05/01/2015 `. oarE(MMIDOmYY) THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 endorsemen s . PRODUCER CECIL-DUNN INSURANCE AGENCY P. O. BOX 3870 4120 AVENUE Q LUBBOCK TX 7 9452 - CONTANAME CT Jim Zachary PHONE (806) 747-3404 FAx 747-1527 (eas) EbD"RLE.jimxachary@cecildunninsurance.com INSURE S AFFORDING COVERAGE NAIC # INSURER A :Trave1era Indemnity Co. 25658 INSURED Parkhill, Smith 6 Cooper Inc. 4222 85th Street Lubbock TX 79423-I INSURERB:Traverer$ Lloyds Insurance Co. 41262 INSURER C: INSURER D ; INSURERE: INSURERE: LI V CMR nn "ti w r kF l[_II 1 r NI Imm"W. UC111wlrldl ekr kadn- 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 LTR TYPE Op INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF POLICY EXP M! LIMITS B OENERALLIABILITY Y Y ACP-3c240454-TIA-14 9/30/2014 9/30/2015 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY / / / / PREMISES Ea rents S 300,000 CLAIMSJuWOE a OCCUR / / / / MED FXP (Any One son) 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GE N'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG S 2,000,000 / / / / POLICY X PRO- LOC / / / / N04YND $ A AUTOMOBILE LIABILITY Y Y -3C32865A-14-GRP 9/30/20f4 9/30/2015 C eMBBIINED SINGLE LIMIT l 000 000 ANY AUTO / / / / BODILY INJURY (Per person) S ALL OV NED SCHEDULED / / / IXXX AUTOS AUTOS / BODILY INJURY (per aec+dent) S HIRED AUTOS X AUOTOSWNED/PROPERTY DAMAGEPerid9nLeased A UMBRELLA LIAR X OCCUR Y Y UP-003C990923 9/30/2014 9/30/2015 EACH OCCURRENCE S 5,000,000 X AGGREGATE $ 5,000,000 EXCESS LJAB CLANS -MADE / / / / DIEDX I RETENTIONS 10,00C S A WORKERS COMPENSATION Y-UB-3975T58-9-14 9/30/2014 9/30/2015 X WCSTAM ion EMPLOYERS' LIABILITYrR YIN ANY PROPRIETORIPARTNERIEXECUTIVE / / OFRCERIMEMBER EXCLUDED? � N I A / / EL EACH ACCIDENT S 11000,000 (Mandatory ddesrnbe 'Itlet NMI K yes, EL RlSEASE - EA EMPLOYE S 1,000,000 DESCRIPTIONuOF OPERATIONS below E.L DISEASE -POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS ! LOCATIONS I VEHICLES (Af4ch ACORD TOT, AddlUonel Remarks Schedule. If mom spate Is requlned) Project: 8715.14 LP&L Dispatch Room Renovation The certificate holder is shown as Additional Insured for the General Liability, Auto, and Umbrella policies. These policies are primary and non-contributory. A Waiver of Subrogation applies in favor of the certificate holder for the Workers Comp, General Liability, Auto, C Umbrella policies. A 30 day notice of cancellation Or material change of the policy applies, City of Lubbock Attn: Was Everett 1625 13th Street Lubbock Tx 79401- If SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE t ,,,,.tea 1, '-" ACORD 25 (2010105) L' O 1988-2010 ACORD CORPORATION. All rights reserved. INS025rpnlnnslm Th. ar`.npn Warne anri Innn orn roniahnrn.i rna►4a of Af A17r1 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in e "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury' caused, in whote or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera - tons: b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", 'property damage" or "personal injury" for which that per- son of organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part, B. The following is added to Paragraph a. of 4, Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a'contract or agreement requiring insurance" that the insurance provided to an additional Insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insurod as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph e. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily Injury", "properly damage" or "personal injury' arising out o1 "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance' with that person or organization. We waive these rights only where you have agreed to do so as par; of the `contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 ei 09 07 ;' 2a07 The Travelers Companies. Inc Page 1 of 2 inclines the ccpyngNetl meter al .f insurance Serwces Office• Inc wdh As pei COMMERICAL GENERAL LIABILITY injury or 'property damage" occurs, or the "per- sonai injury" offense is committed. D. The following deFlnition is added to DEFINITIONS (Section V): 'Contract or agreement requiring insurance' means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erags Part, provided that the "bodily Injury" and 'property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; h. While that part of the contract or agreement is in effect; and G. Before the end of the policy period. Page 2 of 2 . 2007 The Trave!yrs C.rr.panies, rna CG D7 81 09 07 irr-udes me cap/rghted Ta'en31 of Irs, rarce Serncrs Of xe, inc., with 1E5 permissior. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. — T. and V. of this endorsement broaden coverage. Provisions U. and W, of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force — Bodily Injury Or Property Damage D. Non -Owned Watercraft — Increased To Up To 75 feet E. Aircraft Chartered With Crew F. Extension Of Coverage — Damage To Premises Rented To You G. Malicious Prosecution — Exception To Knowing Violation Of Rights Of Another Exclusion H. Medical Payments Limit I. Increased Supplementary Payments J. Additional Insured — Owner, Manager Or Lessor Of Premises K. Additional Insured — Lessor Of Leased Equipment L. Additional Insured — State Or Political Subdivi- sions — Permits Relating To Premises M. Additional Insured — State Or Political Subdivi- sions — Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Com- mon Policy Declarations is amended as fol- lows; The person or organization named in Item 1. of the Common Policy Declarations and any organization, other than a partnership, joint venture, limited liability company or trust, of which you arc the sale owner or in which you maintain the majority ownership interest on the effective date of the policy. However, N. Additional Insured — Architect, Engineer Or Surveyor O. Who Is An Insured — Newly Acquired Or Formed Organizations P. Who Is An Insured — Unnamed Partnership Or Joint Venture — Excess 0. Per Project General Aggregate Limit R. Knowledge And Notice Of Occurrence Or Offense S. Unintentional Omission T. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Con- tract Or Agreement U. Amended Bodily Injury Definition V. Amended Insured Contract Definition — Railroad Easement W. Amended Property Damage Definition — Tangible Property X. Additional Definition — Contract or Agreement Requiring Insurance coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership interest in, such organization. 2. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by another endorsement to this Cov- erage Part. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to Paragraph 1. Insur- ing Agreement of COVERAGE A BODILY CG D3 79 09 07 C 207 The Travelers Ccmpanics, inc Page t of 8 COMMERCIAL GENERAL LIABILITY INJURY AND PROPERTY DAMAGE LI- C. REASONABLE FORCE — BODILY INJURY OR ABILITY in COVERAGES (Section 1): PROPERTY DAMAGE "Bodily injury" arising out of the rendering of, The Expected Or Intended Injury Exclusion in or failure to render, "first aid" or "Good Sa- Paragraph 2. Exclusions of COVERAGE A maritan services" to a person, other than a BODILY INJURY AND PROPERTY DAMAGE cc -"employee" or "volunteer worker', will be LIABILITY in COVERAGES (Section l) is de - deemed to be caused by an 'occurrence leted and replaced by the following: For the purposes of determining the applica- Expected Or Intended Injury Or Damage ble limits of insurance, any act or omission together with all related acts or omissions in 'Bodily injury" or 'property damage' expected or the furnishing of the services to any one per- intended from the standpoint of the insured. This son will be deemed one "occurrence'. exclusion does not apply to 'bodily injury" or l. As used in this Provision B.:"property damage' resulting from the use of rea- sonable force to protect any person or property. a. 'First aid" means medical or nursing ser- D. NON -OWNED WATERCRAFT -- INCREASED vice, treatment, advice or instruction; the TO UP TO 75 FEET related furnishing of food or beverages; the furnishing or dispensing of drugs or 1. The exception contained in Subparagraph (2) medical supplies or appliances; of the Aircraft, Auto Or Watercraft Exclu- sion in 2. Exclusions of COVERAGE A b. "Good Samaritan services" means those BODILY INJURY AND PROPERTY DAM - medical services rendered or provided in AGE LIABILITY in COVERAGES (Section 1) an emergency and for which no remu- is deleted and replaced by the following: neralion is demanded or received- {2) A watercraft you do not own that is: 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- a Less than 75 feet Ion SURED (Section 11) does not apply to any of () g; and your "employees", who are not employed as (b) Not being used to carry persons or a doctor or nurse by you, but only while per- property for a charge; forming the services described in Paragraph 2. Only as respects the insurance provided by 1. above and while acting within the scope of this Provision D., WHO IS AN INSURED their employment by you. Any such 'employ- (Section il) is amended to include as an in- ees" rendering 'Good Samaritan services" surest any person who, with your expressed will be deemed to be acting within the scope or implied consent, either uses or is respon- of their employment by you. sible for the use of the watercraft. 4. The following exclusion is added to Para- 3. The insurance provided by this Provision D. graph 2. Exclusions of COVERAGE A BOD- shall be excess over any valid and collectible ILY INJURY AND PROPERTY DAMAGE other insurance available to the insured, LIABILITY in COVERAGES {Section I): whether primary, excess, contingent or on Sale of Pharmaceuticals any other basis, except for insurance pur- 'Bodiiy injury' or "property damage" aris- chased specifically by you to apply in excess ing out of the willful violation of a penal of the Limits of Insurance shown in the Decla- statute or ordinance relating to the sale of rations for this Coverage Part. pharmaceuticals committed by or with the E. AIRCRAFT CHARTERED WITH CREW knowledge or consent of the insured. 1. The following is added to the exceptions con- 5. The insurance provided by this Provision B. tained in the Aircraft, Auto Or Watercraft shall be excess over any valid and collectible Exclusion in Paragraph 2. Exclusions of other insurance available to the insured, COVERAGE A BODILY INJURY AND whether primary, excess, contingent or on PROPERTY DAMAGE LIABILITY in COW any other basis, except for insurance pur- ERAGES (Section 1): chased specifically by you to apply in excess Aircraft chartered with crew, including a pilot, of the Limas of Insurance shown in the Decla- to any insured, rations for this Coverage Part. Page 2 of 8 Q 2C07 Pio Travelers rcmpariF_K, irc. CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY 2. This Provision E. does not apply it the char- any one premises while rented to you, or tered aircraft is owned by any insured. temporarily occupied by you with permission 3. The insurance provided by this Provision E. of the owner, caused by: fire; explosion; light - shall be excess over any valid and collectible ning; smoke resulting from such fire, explo- other insurance available to the insured, sion, or lightning; or water. The Damage To whether primary, excess, contingent or on Premises Rented To You Limit will apply to any other basis, except for insurance pur- all "property damage" proximately caused by chased specifically by you to apply in excess the same `occurrence', whether such dam - of the Limits of insurance shown in the Decla- age results from: fire; explosion; lightning; rations for this Coverage Part. smoke resulting from such fire, explosion, or F. EXTENSION OF COVERAGE — DAMAGE TO lightning; or water; or any combination of any of these causes. PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A BOD- ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section 1) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explo- sion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in LIMITS OF IN- SURANCE (Section III). 2. The insurance under this Provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; or c. Explosion of steam Milers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for the sum of all damages because of "properly damage" to The Damage To Premises Rented To You Limit will be the higher of: a. $1.000,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part, 4. Paragraph a. of the definition of "insured con- tract" in DEFINITIONS (Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnities any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water is not an 'insured contract'; 5. This Provision F. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COV- ERAGES (Section 1) is excluded by another endorsement to this Coverage Part- G. MALICIOUS PROSECUTION — EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF AN- OTHER EXCLUSION The following is added to the Knowing Violation Of Rights Of Another Exclusion in 2. Exclu- sions of COVERAGE B PERSONAL INJURY, ADVERTISING INJURY AND WEB SITE IN- JURY LIABILITY of the WEB XTEND LIABILITY Endorsement: This exclusion does not apply to "personal injury' caused by malicious prosecution. CG D3 79 09 07 C 2007 Tho TraveN)rs Corlpsnrs, Ir.c. Page 3 of 8 COMMERCIAL GENERAL LIABILITY H. MEDICAL PAYMENTS LIMIT The Medical Expense Limit shown in the Declara- tions for this Coverage Part is increased to $10,000. I. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B in COV- ERAGES (Section 1) are amended as follows: 1, In Paragraph 1.b., the amount we wi11 pay for the cost of bail bonds is increased to $2500. 2. In Paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. J. ADDITIONAL INSURED — OWNER, MANAGER OR LESSOR OF PREMISES 1. WHO IS AN INSURED (Section 11) is amended to include as an insured: Any person or organization that you have agreed in a contract or agreement to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in- jury' or *property damage" that occurs, or "personal injury' caused by an offense committed, after you have entered into that contract or agreement; and b. Only if the "bodily injury", "property dam- age" or "personal injury' is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, and arises out of the ownership, maintenance or use of that part of any premises leased to you under that contract or agreement. 2. The insurance provided to such additional insured under this Provision J. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the con- tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply to: (1) Any 'bodily injury' or "property dam- age' that occurs, or "personal injury' caused by an offense committed, af- ter you cease to be a tenant in that premises; (2) Any structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement to this Coverage Part. 3, This Provision J. does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another en- dorsement to this Coverage Part. K. ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT t. WHO IS AN INSURED (Section II) is amended to include as an insured: Any person or organization that you have agreed In a contract or agreement to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in- jury' or "property damage" that occurs, or "personal injury' caused by an offense committed, after you have entered into that contract or agreement; and b. Only if the 'bodily injury', "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organzation per- forming operations on your behalf, in the maintenance, operation or use of equip- ment leased to you by such additional in- sured. 2. The 'insurance provided to such additional insured under this Provision K. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the con- tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply: (1) To any "bodily injury" or "property damage` that occurs, or "personal in- jury' caused by an offense commit- ted, after the equipment lease ex- pires: or Page 4 of 8 Q 200' The Tra•lefers Campir:es, Irc. CG D3 79 09 07 (2) If the equipment is leased with an operator. 3. This Provision K. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cov- erage Part. L ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING TO PREMISES The following is added to Paragraph 2. of WHO IS AN INSURED (Section II) to include as an insured: Any state or political subdivision that has issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, but only with respect to "bodily injury", "property damage", 'personal injury" or "advertising injury' arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of adver- tising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations for which that state or political subdivision has issued such permit. M. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING TO OPERATIONS The following is added to Paragraph 2. of WHO IS AN INSURED (Section it) to include as an insured: Any state or political subdivision that has issued a permit, but only with respect to 'bodily injury', `property damage", "personal injury" or'advertis- ing injury" arising out of operations performed by you or on your behalf for which that state or po- litical subdivision has issued such permit. How- ever, no such state or political subdivision is an insured for: 1. 'Bodily injury", "property damage', "personal injury' or "advertising injury' arising out of operations performed for that state or political subdivision; or 2. "Bodily injury' or "property damage" included within the "products — completed operations hazard'. COMMERCIAL GENERAL LIABILITY N. ADDITIONAL INSURED — ARCHITECT, ENGI- NEER OR SURVEYOR 1. The following is added to Paragraph 2. of WHO iS AN INSURED (Section II) to include as an insured: Any architect, engineer or surveyor engaged by or for you that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury', "property damage" or "personal injury' that is caused, in whole or in part, by acts or omissions of you or any person or organiza- tion acting on your behalf in connection with your premises or "your work'. 2. This Provision N. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cov- erage Part. O. WHO IS AN INSURED— NEWLY ACQUIRED OR FORMED ORGANIZATIONS 1. Paragraph 4.a. of WHO iS AN INSURED (Section 11) is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. Any such newly acquired or formed organiza- tion that you report in writing to us within 180 days after you acquire or form the organization will be covered under this provision until the end of the policy pe- riod, even if there are more than 160 days remaining until the end of the policy period; 2. This Provision O. does not apply to any or- ganization for which coverage is excluded by another endorsement to this Coverage Part. P. WHO IS AN INSURED — UNNAMED PART- NERSHIP OR JOINT VENTURE — EXCESS 1. The last paragraph of WHO IS AN INSURED (Section II) is deleted and replaced by the following: 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 In- sured in the Common Policy Declarations. CG D3 79 09 07 Q 2007 The Tiavelars Companios, in,;. Page 5 of 8 COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to your liability with respect to your conduct of the business of any current or past partner- ship or joint venture: a. That is not shown as a Named Insured in the Common Policy Declarations, and b. In which you are a member or partner where each and every one of your co - ventures in that joint venture is an archi- tectural, engineering, or surveying firm. 2. This Provision P. does not apply to any per- son or organization for which coverage is ex- cluded by another endorsement to this Cov- erage Part. 3. The insurance provided by this Provision P. shall be excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available covering your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Common Policy Declarations and which is issued to such partnership or joint venture. Q. PER PROJECT GENERAL AGGREGATE LIMIT i. Paragraph 2. of LIMITS OF INSURANCE (Section 111) is deleted and replaced by the following: The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from 'occurrences' under Cov- erage A and for all medical expenses caused by accidents under Coverage C which cannot be attributed only to opera- tions at a single "project". 2. The following is added to LIMITS OF IN- SURANCE (Section III): A separate Per Project General Aggregate Limit applies to each "project" for all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Coverage A and for all medical ex- penses caused by accidents under Coverage C which can be attributed only to operations at a single "project', and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations for this Coverage Part. Any payments made under Coverage A for damages and under Coverage C for medical expenses shall reduce the Per Project Gen- eral Aggregate Limit for that 'project", but shall not reduce: a. Any other Per Project General Aggregate Limit for any other "project% b. The General Aggregate Limit; or c. The Products -Completed Operations Ag- gregate Limit. The limits shown in the Declarations for this Coverage Part for Each Occurrence, Dam- age To Premises Rented To You and Medical Expense are also subject to the Per Project General Aggregate Limit when the Per Pro- ject General Aggregate Limit applies. 3. As used in the Provision Q.: "Project" means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determin- ing the applicable aggregate limit of insur- ance, each "project" that includes premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad shall be considered a sin- gle "project'. R. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence' or offense has been reported to you, one of your "executive officers' (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (it you are a trust), or an "employee' (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an 'occur- rence' or offense does not imply that you also have such knowledge. Page 6 of 8 Q 2001 The Travelers ComFarnos, frc. CG D3 79 09 07 Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' com- pensation, accident, or health insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive officers" (if you are a corporation), ore of your partners who is an indivcdual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individ- ual (it you are a trust), or an 'employee" (such as an insurance, loss control or risk manager or ad- ministrator) designated by you to give such notice discovers that the 'occurrence" or offense may involve this policy. S. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of COMMERCIAL GENERAL LIAl91LITY CONDITIONS (Section IV): The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in issuing this pol- icy shall not prejudice your rights under this insurance. 2. This Provision S. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrerewal in accor- dance with applicable insurance laws or regu- lations. T. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACTOR AGREEMENT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): Wo waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage', "personal injury' or 'advertising injury arising out of: 1. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; 3. "Your work"; or COMME9CIAi_ GENERAL LIABILITY 4. "Your products'. We waive these rights only where you have agreed to do so as part of a contract or agree- ment entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury' offense or "adver- tising injury' offense is committed. U. AMENDED BODILY INJURY DEFINITION The definition of 'bodily injury' in DEFINITIONS (Section V) is deleted and replaced by the follow- ing: "Bodily injury" means: a. Physical harm, including sickness or disease, sustained by a person; b. Mental anguish, injury or illness, or emotional distress, resulting at any time from such physical harm, sickness or disease; or c. Care, loss of services or death resulting at any time from such physical harm, sickness or disease. V. AMENDED INSURED CONTRACT DEFINITION — RAILROAD EASEMENT 1. Subparagraph C. of the definition of 'insured contract" in DEFINITIONS (Section V) is de- leted and replaced by the foilowing: c. Any easement or license agreement; 2. Subparagraph 1.(1) of the definition of "in- sured contract" in DEFINITIONS (Section V) is deleted. W. AMENDED PROPERTY DAMAGE DEFINITION —TANGIBLE PROPERTY The definition of "property damage' in DEFINI- TIONS (Section V) is deleted and replaced by the following: "Property damage` means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur- rence" that caused it. For the purposes of this insurance, tangible prop- erty Joes not include data. CG D3 79 09 07 0 207 The Travelors Companros, Inc. Page 7 of 8 COMMERCtAL GENERAL LIABILITY X. The following definition is added to SECTION V — DEFINITIONS: 'Contract or agreement requiring insurance' means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the 'bodily injury" and "property damage' occurs, and the 'personal injury" is caused by an offense committed: a. After you have entered into that contract cr agreement; b. While that part of the contract or agreement is in effect; and c. eefore the end of the poticy period. Page 8 of 8 C 2007 The Travelers Comparies, Inc. CG D3 79 09 07 POLICY NUMBER: -PACP-3C240454-TIA-14 ISSUE DATE: 09-30-14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATIONMONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following. ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION; AFTER THE FIRST NAMED INSURED SHOWN IN THE DECLARATIONS RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. If we cancel thrs policy for any slatuter0y peomit- ted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancel- lation to the person or organization shown in the schedule above. We w0l mail such notice to the address shown in the schedule above at least the i dumber of days shown for cancellation in the schedule above before the eFective date of can- cellation. IL T4 00 12 09 6. If we decide to not renew this policy for any statu- torily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we will mail notice of the nonrenewal to the person or organization shown in the schedule above, We will ma0 such notice to the address shown in the schedule above A feast the number of days shown for nonrenewal in the schedule above be- fcre the expiration dale. 2Cf19 The, Trave'er5 Inderr nply Cnmpany Page 1 of COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE -- This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extert that ccverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION Il - LIABILITY COV- ERAGE. Any organization you newly acquire or form dur- irsg the policy period over which you maintain 50 % or more ownership interest and that Is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. In A.1., Who Is An Insured, of SECTION 11 - LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that Is signed and H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the 'bodily injury' or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured' for LiabiRy Cover- age, out only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an 'insured' under the Who Is An Insured provision contained in Section If C, EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 - LI- ABILITY COVERAGE: An 'employee" of yours is an "insured" while ooerating an "auto" hired or rented under a contract or agreement in that "employees" name, with your permission, while performing duties related to the conduct of your busi- ness. CA T3 53 03 10 D 2010 The Travelers Indemrity Ccmpany_ Page 1 of 4 Irncludos copyrighted mate,ial of Insurance Seivices Oflice, Inc with its permussion. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto' you lease, hire, rent or borrow from "employees', "autos' any of your partners (if you are ered you own: a partnership), members (if you are a limited (1) Any covered "auto" you lease, hire, liability company) or members of their house - rent or borrow; and holds. (2) Any covered "auto' hired or rented by (a) With respect to any claim made or "suit" your "employee' under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United Slates of America, Puerto ing duties related to the conduct of Rico and Canada: your business. (i) You must arrange to defend the 'in - However, any "auto' that is leased, hired, sured' against, and investigate or set - rented or borrowed with a driver is not a tle any such claim or "suit" and keep covered "auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following Is added to Paragraph A.1., Who Is (if) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any "employee' of yours is an "insured" while us- (ili) We may, at our discretion, participate ing a covered 'auto" you don't own, hire or borrow in defending the 'insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED 'suit". LIMITS (iv) We will reimburse the 'insured' for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured' legally must 'bodily of SECTION II —LIABILITY COVERAGE: pay as damages because of injury` or 'property damage' to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the 'in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para - we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC - these bonds. TION II — LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION 11— LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- °insured' at our request, including actual tion of such claims and your defense Eass of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included F. HIRED AUTO —LIMITED WORLDWIDE COV- within the limit described in Para- graph C., Limit Of Insurance, of ERAGE— INDEMNITY BASIS SECTION 11 — LIABILITY COVER - The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses- bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 02010 T^e Trave!<rrs Indemnity Curipany. CA T3 53 03 10 Includes copy 1ghled materra! of !nsumnce $e a:caa office, Inc with its pa.m!ssion_ to the `insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or Compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE —GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASER LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: Ole will pay up to S50 per day to a maximum cf $1.500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered 'auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss' to wearing ap- parel and other personal effects which are: (1) Owned by an 'insured"; and (2) In or on your covered "auto" - This coverage applies only in the event of a total theft of your covered 'auto'. No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss' to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b, and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intenfionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident' or "loss" ap- plies only when the "accident" or `loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee' authorized by you to give no- tice of the "accident' or 'loss". CA T3 53 03 10 Z 2010 the Trjre'er9 Ir•c,2mn ty Co .parry Page 3 of 4 Indjdes �opynghied rnweriai of insurarcc, SrrvCeS Office, Inc w11h 19 perm,Sscon COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The 'ollowing replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a wntten contract signed and executed prior to any 'accident" or "loss", provided that the "accident" or "loss' anses out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B,2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 0 AUTO The Travaiers Indamcity Company. CA T3 53 03 10 Incljdes copynghted male -al of hiburdnCe ServiCJS office, Inc. with 115 permissmi COMMERCIAL AUTO POLICY NUMBER: BA-3C32865A-14-GRP ISSUE DATE: 09-30-14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, DESIGNATED ENTITY - EARLIER NOTICE OF CANCELLATIONMONRENEWAL PROVIDED BY US - TEXAS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: 30 NAME: SEE BLANKET FORM ADDRESS: „ LUBBOCK TX 79400 A. For any statutorily permitted roason other than nonpayment of premium, the number of days re- quired for notice of cancellation, as provided in the CONDITIONS Section of this insurance, or as amended by any applicable state cancellation en- dorsement applicable to this insurance, is in- creased to the number of days shown in the SCHEDULE above. S. For any statutorily permitted reason other than nonpayment of premium, the number of days re- quired for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any applicable state When We Do Not Renew (Nen- renewal) endorsement applicable to this insur- ance, is increased to the number of days shown in the SCHEDULE above. C. We will mail notice of cancellation or nonrenewal or material limitation of those coverage forms to the person or organization shown in the schedule above. We will mail the notice at least the Num- ber of Days indicated above before the effective date to our action. CA FO 86 08 07 w007 Try,! TrpvnlL'rs Ccmipanim inr.. Page 1 of 1 AM WORKERS COMPENSATION TRAVELERS AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY KART?ORD, CT 05183 ENDORSEMENT WC 42 03 04 (8) — 001 POLICY NUMBER: (XEUB-3975758-9-14) 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 ❑ Specific Waiver Name of person or organization x❑ Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. T2t 2. Operations: ALL TX OPERATIONS. 3. Premium. The premium charge for this endorsement shall be Z percent of the premium developed on payroll in connection with work performed for the above persons) or organization(s) arising nut of the operations described. 4. Advance Premium: SEE SCHEDULE This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stalod, (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Polies No Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 09-30-14 ST ASSIGN. Pardo 1 cif 1 Ccpymght 2014 Nitonai Council cn Ccmp,,,rs�ticn rwwranrv_ fnc All R ghts Rr.y,gfv K .