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HomeMy WebLinkAboutResolution - 2014-R0222 - Contract - Aquaone Water Co.- Bottled Water - 06/26/2014No. 2014-RO222 26, 2014 No. 5.7 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. 11941 for bottled water per ITB 13 -11423 - CP, by and between the City of Lubbock and AquaOne Water Co., 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 on June 26, 2014 GdNICIR6WRTSON, MAYOR "E mockto Rebec Garza, -City Secretary APPROVED AS TO CONTENT: A R. Keith Smith, P.E., Director of Public Works APPROVED AS TO FORM: 1444 D. Mitchell Sattet ite, Assistant City Attorney vw: ccdocs/RES.Contract-AquaOne June 12, 2014 Resolution No. 2014-RO222 Contract 11941 City of Lubbock, TX Contract for Services for Bottled Water and Water Treatment Systems THIS CONTRACT made and entered into this 26`h day of June, 2014, by and between the City of Lubbock ("City"), and AauaOne Water Co. of Lubbock, Texas Contractor"). WHEREAS, the City of Lubbock duly advertised for bids for Bottled Water and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Bottled Water. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, Bottled Water and more specifically referred to as items three through six on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this contract and to complete and finish the same according to the attached specifications, bid form, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the bid form and specifications attached hereto. The contract shall be for a term of one year, with the option of two, one year extensions, said date of term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. 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. 5. Contractor shall at all rimes be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT Commercial General Liability 500,000 General Aggregate Products-Comp/OP AGG X Personal & Adv. Injury X Contractual Liability X Automotive Liability Combined Single Limit Any Auto 500,000 Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on Auto/General Liability on a primary and non-contributory basis, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 8. The City reserves the right to exercise any right or remedy available to it bylaw, 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 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOC CONTRACTOR BY Gle C. Robertson, Mayor Aqua ne Wat Co. Authorized R6presentative ATTEST: 5<- Rcb cca Garza, City Secretary APPROVED AS TO CONTENT: R. Keith Smith, P.E., Director of Public Works Print Name Address: 624 27`h Street, Lubbock, Texas 79404 BID FORM Bottled Water and Water Treatment Systems City of Lubbock, TX ITB No. 13 -11423 -CP In compliance with the Invitation to Bid 13 -11423 -CP, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (tidier in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 13 -11423 -CP is by reference incorporated in this contract. The Bid Forni must be completed in blue or black ink or by typewriter. ITEM QTY UNITOF MEASURE DESCRIPTION UNIT PRICE EXTENDED COST Initial installation of each water dispensing 1 125 EA unit for 5 -gallon bottles, as specified herein. (Cooling/Heating type dispensers are NOT acceptable) Initial installation of each water dispensing 2 10 EA unit for 3 -gallon bottles, as specified a� herein.(Cooling/Heating type dispensers "0•",0 •0O are NOT acceptable) Monthly rental fee for 5 -gallon water�, ''YJ o O 3 125 EA dispensing unit, as specified herein. Monthly rental fee for 3 -gal Ion water �p d • o 4 10 EA dispensing unit, as specified herein. Monthly purchase and delivery of bottled 5 1200 EA water in 5 -gallon containers. Unit price Op represents the price per 5 -gallon container, asspecified herein. Monthly purchase and delivery of bottled 6 50 EA water in 3 -gallon containers. Unit price �l is 3� 1 50 represents the price per 3 -gallon container, . asspecified herein. Installation charge for residential 7 3 EA (approximately 30-gallun per day capacity) water purification systems at various locations, asspecified herein. 3 5 EA Installation charge for commercial (approximately 450 -gallon per day 1� k) / capacity) water purification systems at various locations, as specified herein. Monthly rental fee for residential (approximately 30 -gallon per day capacity) y 3 EA water purification systems. Cost must include all associated fees, such ,� J maintenance, maintenance kits, titters, and etc. All maintenance will be performed by the vendor, as specified herein. Ii nl I l p 1'vrchn<aaid NwOTa I1.1IJP.rP aunlvJ N'epl uW \\Ola Lrammu 4 ITEM QTY UNLIT OF MEASCE DESCRIPTION UNIT EXTENDED COST 10 5 EA Monthly rental fee for commercial (approximately 450 -gallon per duy capacity) water purification systems. Cost must include all associated fees, such as, �� maintenance, maintenance kits, filters, and /} etc. All maintenance will be performed by [lie vendor, as specified herein. *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed Unless otherwise specified herein, the City may award the bid either item-by—item or on an all -or -none basis for any item or group of items shown on the bid. The City of Lubbock is seeking a contract for bottled water and water treatment systems with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by tine City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/seryices; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lover price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES_ NO * If you (the bidder) checked YES, the following will apply: Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result ol'this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. Iq ILLI i Un�nl�avvHW Ihsv1TH I LI IJ_Y\l` Hnn4JWao nW W n,+Trcuum+u tiy,nn. 5 THIS BID IS SUBMITTED BY `''A4a `-e a corporation organized under the laws of the State of 142fg3 , or a partnership consisting of/ '' // or individual trading as of the City of L ikibce k Ridder acknowledges receipt of the following addenda: Addenda No. Date 5-31-11 Addenda No. Date -3 t -IS Addenda No. Date i 1-lIT Addenda No. Date - 7l I M/WBE Finn: Woman Black American Native American r Hispanic American Asian Pacific Americ Other (Specify) Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures, distributes, or converts new motor vehicles) or is in the business of buying, exchanging or selling new motor vehicles is required under the Tex. Oce. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Texas: I. Name 2. Name 3. Name 4. Name General Distinguishing and Manufacture's License No. and Converter's License No. and Representative's License No. and Franchise Dealer's License No. (Franchised TX dealer) Autbnrtzelftresenr(live - mustsign hr hann�d/!'� Officer Name and Title:- �Rs&^") • E �' ~ 9 Please Paint Business Telephone Number 53S-9�e5a FAX; ci r7'1 E-mail R FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named FimtAndividual: Date of Award by City Council (/or bids over %50,000): Date P.O./Contract Issued: . RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME. AND ADDRESS. 07.11% 1.10 Auams:Nia 11wx1m 11.11421.("P adJuO U1n, anJ Wnu rm,mnn SPtcnn 6 City of Lubbock Minimum specifications for Bottled water and water treatment systems LO Introduction and General Information 1.1 The City of Lubbock is soliciting vendors to supply bottled water to residences and water purification systems for commercial facilities. Bottled water will be delivered every 2 weeks to approximately 90 residences. The contract will be for one (1) year, with the option of two, one year extensions. The vendor must be reliable, work well with the public under difficult circumstances, and be able to deliver bottled water/purification systems that meet the minimum requirements listed below. 2.0 Definitions and Applicable Documents 2.1 Bottled Water shall conform to: 2.1.1 Texas Administrative Code Title 25 Part 1: Chapter229 Subchapter F: Production, Processing, and Distribution of Bottled and Vended Drinking Water, and 2.1.2 All other applicable State and Federal regulations and standards regarding the processing and distribution of drinking water for human consumption. 3.0 Minimum Requirements 3.1 The City is supplying bottled drinking water to specific residences adjacent to the Lubbock and Hancock Land Application Sites. These residences are generally in rural areas of east central Lubbock County and northeastern Lynn County. Many residences are located on unimproved roads dirt roads. 3.2 Bottled water dispensers shall be supplied at the residence of each customer by the vendor. (NOTE: The dispensers shall serve only to dispense the product — cooler type dispensers are NOT acceptable) (NOTE: It is permissible for the vendor and the customer to enter into an agreement to have an "upgraded" or "hot/cold" dispenser, as long as the customer is responsible for the additional cost/rent and is paid directly to the vendor. The vendor must clearly state to the customer that they do not have to "upgrade", but is an option for the customer. 3.3 Bottled water shall be delivered to each customer in 3 or 5 gallon sealed containers as required to meet the needs of the customer. No bottle water deposits will be allowed. The vendor, at the vendor's expense, and not withstanding poor road conditions, will accomplish delivery to each residence. 3.4 The City recognizes that there is a seasonal demand change for water consumption. The vendor is allowed to dispense up to 30% (percent) more bottles of water to the customer from the initial setup, upon customer request. If more than 30% (percent) more water is requested, then the vendor must obtain approval from the City of Lubbock, prior to dispensing more bottles of water. 3.5 The vendor shall supply the City with a monthly statement verifying that the bottled water complies with the criteria set forth in item 2.1 above. 3.6 The vendor shall famish the City of Lubbock with copies of all applicable licenses, permits and other documents required by the Texas Department of Health for bottled water suppliers 3.7 The vendor shall initially supply each customer with literature describing the bottled water dispensing equipment. 3.8 The vendor, at the vendor's expense, shall expeditiously resolve customer complaints concerning bottled water and/or dispensing equipment. 3.9 A single invoice itemizing the charges for all customers by delivery address and name shall be submitted to the City on a monthly basis for payment. The monthly statement shall also include the number of bottles lift at the residence of the customer and the number of `returned" empty bottles. .. . 3.10 Upon notification of individual service termination by the City, the vendor shall be responsible for the pickup of all bottles and dispensing equipment from that individual address. 3.11 Water purification systems shall be considered for use at commercial facilities. Water purification systems shall have all maintenance and testing as recommended as specified by the manufacturer (s) done at the vendor's expense. Any defective water purification system or parts there of shall be replaced immediately at the vendor's expense. Water purification systems shall provide safe drinking water and conform to the rules and regulations as set forth in item 2.1 above. The vendor shall be responsible for regular water testing to insure that the unit (s) is operating properly. The vendor shall maintain these water purification systems, and all liabilities associated with the use and maintenance of said systems will fall solely with the vendor. 3.12 The City shall not be liable for the bottles or rental equipment in the residence of the customers. This includes neglect, abuse, broken bottles due to freezing weather, theft, etc. Since the City of Lubbock does not have control of the individual equipment at the residents, the resident shall be held liable for the care of the equipment. 3.13 Upon termination of the contract with the vendor, the vendor shall be responsible for the pickup of any and all vendor's equipment. 3.14 Minimal disruption of service to customers during setup is desired/preferred. 4.0 Quality Assurance 4.1 The vendor shall conform to all applicable rules and regulations. Water testing results shall be provided to the City of Lubbock on the required state regulatory schedule to assure the quality of the product 4.2 The selected vendor shall provide the following before contract award or renewal: 4.2.1 Current Certificate of Competency 4.2.2 The previous three months (or most recent) microbiological sampling results for the finished product, container and closures, and source water. 4.2.3 The most recent chemical and physical sampling results for the finished product and source water. 4.2.4 The most recent source approval records. 4.3 Failure to provide a quality product and quality customer service shall result in the termination of the contract. A� �® CERTIFICATE OF LIABILITY INSURANCE 5/5%2014 ' 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, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endomement(s). PRODUCER Deaton 6 Stephens 5625 Fulton Amarillo TX 79109 CONTACT Susan Kirkland, CRIS, ACSR NAMEdmond, PHONE (806)356-6000 FAXN .18 0 61 35 6-0 615 AM. 'NAIL @edsinsurance.com ADDRESS: sown INSURER(S) AFFORDING COVERAGE NAIC4 INSURERANationwide Agribusiness INSURED Aqua One P O BOR 8210 Amarillo TX 79114 INSURERB:Texas Mutual Insurance CO 22945 INSURER C : INNSSURURER IR:: E:E 1 INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 WC/13-14 others 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 R TYPE OF INSURANCE ADDLISUBR AUTHORIZE: REPRESENTATIVE POLICY NUMBER POLICY EFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISES E nceS 300,000 X COMMERCIAL GENERAL LIABILITY A CLAIMS.MADE OCCUR CPP124003A /18/2013 /18/2014 MED EXP(my me person) S 5,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG $ 2,000,000 $ X POLICY PRO- 71 Loc AUTOMOBILE LIABILITY COMOIINEeDI SINGLE LIMIT 11000,00 BODILY I NJ URY(Per person) $ A ](71 ANY AUTO AU.O NEG SCHEDULED AUTONON-OWNED HIREDAUTOS AUTO$ PP124003A /18/2013 /18/2014 Gtl BODILY [NJ URY(Per acem) $ PPROPERTY DAMAGE $ e PIP -Basic $ 2,500 UMBRELLALIAB OCCUR EACH OCCURRENCE S 5,000,000 AGGREGATE $ 5,000,000 A EXCESS UAB CLAIMS -MADE L124003 OED I X 1 RETENTION$ 10,00C $ 7/18/2013 7/18/2014 B WORKERS COMPENSATION X WCSTATU.0TH. AND EMPLOYERS UABILRY ANY PROPRIETOR,PARTNERIEXECUTIVE � EL. EACH ACCIDENT $ 1,0 00 000 OFMCERIMEMSER D(CLU:E07 (ManMtory In NN) NIA SF0001097975 /30/2014 /30/2015 E.L. DISEASE - EA EMPLOYE $ 1,00-0,000 EL DISEASE - POLICY LIMIT S 11000,00 If yes, tlesnlbe antler DESCRIPTION OF OPERATIONS beloN DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additlmal Rmnnka Schetlule, if more apace Is re9u1red) Certificate holder is named as additional insured on Auto 6 GL with a waiver of subrogation on auto and GL as per written contract. GL policy is primary S non-contributory with respect to any insurance carried by the City of Lubbock. CERTIFICATE HOLDER CANCELLATION (806)775-2164 dtorres@mylubbock.us 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. Purchasing Dept PO BOX 2000 AUTHORIZE: REPRESENTATIVE Lubbock, TX 79457 Matt Irwin/SK ACORD 25 (2010/05) INSO2.5,,rens, m ©1988-2010 ACORD CORPORATION. All rights reserved. The ArnRn nmma end Innn oro ro,defered me r4a of arnRn CITY OF LUBBOCK REQUEST FOR LEGAL SERVICES Date Submitted: 06/12/2014 From: Marta Alvarez Department: Purchasing Phone number: 806-775-2572 Resolution request for: PO C act (Please check appropriate contract type) Unit Price Construction Contract Lump Sum Construction Contract Professional Service Agreement Service Contract Bid and Contract Number: Contract Name: Contract 11941/ITB 13 -11423 -CP Bottle Water Vendor's Legal Name: AquaOne Water Co. Vendor's Location (City, State) Lubbock, Texas Additional Comments (Not required): Your Department's Assistant City Manager: Please Return to: Requestor Purchasing R. Keith Smith, P.E., Director of Public Works WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420304A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) 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. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE, This endorsement changes the policy to which it Is attached effective on the inception date of the policy unless a different date is Indicated below. (The following "attaching clause' need be completed only when this endorsement is issued subsequent to preparellon of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a pad of Policy No. 7SF-0001097875 20140530 of the Texas Mutual Insurance Company Issuedto AOUAONE INC ,I Endorsement No. // Premium$ �/k //__ +&M�.�/(e.� �` r'V `Authorized Representative WC420304A (ED. 1-01-2000) INSURED'S COPY QUSER 5-05-2014 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MMDDIYYYY) 4/1/2015 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 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 endorsement(s). PRODUCER Edmond, Deaton S StephensPNONE 5625 Fulton Amarillo TX 79109 co,'EACT Susan Kirkland, CRIS, ACSR (806) 356-6000 PAX , 18061356-0615 -U .Susan@edsinsurance.com INSURER(S) AFFORDING COVERAGE NAICd INSURERANationwide Agribusiness INSURED Aqua One P D BOX 8210 Amarillo TX 79114 INSURERB:Texas Mutual Insurance Co 2945 INSURER C : INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 all 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 TYPE OF INSURANCE A AUTHORRED REPRESENTATIVE NUMBER MF F01`60 POUCY'EXP IMMIDDTfYfVI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL UABILrrY DAMA RENTED $ 300, 000 PREMISES Ira �rrenwl A CLAIMS -MAGE OCCUR PP724003A /10/2014 /18/2015 MEOEXP(Arrane Person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENY AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMNOP AGO $ 2,000,000 $ X POLICY PIF�RO- Loc AUTOMOBILE LIABILITY COMBINED SINGLE LIMB 1,000,000 BODILY INJURY (Per Person) $ A X ANY ANTp ALL OWNED SCHEDULED AUTOS AUTOS PP124003A /18/2014 /18/2015 BODILY INJURY (Per accident) $ PROPERTY DAMAGE S NON -O MEO HIRED AUTOS AUTOS PIP -Banc $ 2,500 UMBRELLA LUUJ occ EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LIAR CMMS-MADE OED I X I RETENTIONS 10,000 $ 0124003 /18/2014 /18/2015 B WORKERS COMPENSATION X WCSTATLL IT., AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERIFXECUnVE a E.L EACH ACCIDENT $ 11000,000 OFnCEREMBER EXCLUDED? RJ (Myaansde" In NH) NIA SF0001097875 /30/2014 /30/2015 EL DISEASE - EA EMPLO S 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OEBCRIPTION OFOPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AMadr ACORD 101, AddlOonal Remarks Schedule, R mare star» Is IwIuired) Certificate holder is named as additional insured on Auto S GL with a waiver of subrogation on auto and GL as per written contract. GL policy is primary 6 non-contributory with respect to any insurance carried by the City of Lubbock. r FRTIP1rtaTF Nni nFR CANCELLATION (806)775-2164 mrosas@mylubbock.us 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: Mary PO Box 2000 AUTHORRED REPRESENTATIVE Lubbock, TX 79457 Matt Irwin/SK C ACORD 25 (2010105) INS025,m, s,m ©1988.2010 ACORD CORPORATION. All rights reserved. Tha ArnRO ar:nwn COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. SECTION ll - WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed in a valid written contract or agreement, executed prior to any "occurrence", that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and 2. If coverage provided to the additional insured is required by a contractor agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance services Office, Inc., with i is perrnission. (CG2026 0413) CGLB303 0413 Page 1 of 1 inwred cony POLICY NUMBER CPP124 003A COMMERCIAL GENERAL LIABILITY CG 2015 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -VENDORS This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) (vendor Your Products ALL PRODUCTS Any person(s) or organization(s) with whom you" have agreed in a valid written contract or written agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on'your" policy, as provided under this endorsement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) shown In the Schedule, but only with respect to "bodily injury" or 'property damage" arising out of 'your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business. However: 1. The insurance afforded to such vendor only applies to the extent permitted by law; and 2. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. CG 20 15 0413 B. With respect to the insurance afforded to these vendors, the following additional exclusions apply: 1. The insurance afforded the vendor does not apply to: a. Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; ® Insurance Services Office, Inc., 2012 Osted Capy Page 1 of 2 e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; E Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. 'Bodily injury" or 'property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub- paragraphs d. or E; or Page 2 of 2 (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. C. With respect to the insurance afforded to these vendors, the following is added to Section III — LWr*s Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ® Insurance Services Office, Inc., 2012 103WWG Py CG 20 15 04 13 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modes insurance provided under the following: COMMERCIAL GENERALUABILITY COVERAGE FORM SCHEDULE Name Of Person(s) Or Organization(s): Any person(s) or organization(s) with whom you have agreed to such waiver, in a valid written contract or written agreement that has been executed prior to loss. this Schedule, if not The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above 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". This waiver applies only to the person or organization shown in the Schedule above. ALLOTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS EN- DORSEMENT. CGLB304 0310 Includes copyrighted material of the Page 1 of 1 Insurance Services Office Inc. with its permission insured Copy COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following additions and extensions of coverage: A. NEWLY ACQUIRED OR FORMED ENTITIES B. TEMPORARY SUBSTITUTE AUTOS - PHYSICAL DAMAGE COVERAGE C. BLANKET ADDITIONAL INSURED - REQUIRED BY CONTRACT D. EMPLOYEES AS INSUREDS -NONOWNED AUTOS E. EMPLOYEE HIRED AUTOS F. SUPPLEMENTARY PAYMENTS - BAIL BONDS G. SUPPLEMENTARY PAYMENTS - LOSS OF EARNINGS H. FELLOW EMPLOYEE COVERAGE I. PROPERTY OF OTHERS J. PERSONAL EFFECTS COVERAGE K. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS L. EXPANDED TOWING COVERAGE M. AUTO LOAN OR LEASE COVERAGE N. RENTAL REIMBURSEMENT COVERAGE 0. EXPANDED TRANSPORTATION EXPENSE P. EXPENSE YOU INCUR TO RECOVER A STOLEN AUTO Q. ACCIDENTAL AIRBAG DISCHARGE COVERAGE R. PHYSICAL DAMAGE - TWO OR MORE DEDUCTIBLES S. BLANKET WAIVER OF SUBROGATION T. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS U. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS A. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar insurance available to that organization. Coverage under this provision is afforded only until the 90" day after you acquire or form the organization, or the end of the policy period, whichever comes first. B. TEMPORARY SUBSTITUTE AUTOS - PHYSICAL DAMAGE COVERAGE The following is added to Paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I - COVERED AUTOS: If Physical Damage Coverage is provided on a covered "auto' you own that is out of service because of its breakdown, repair, servicing, "loss", or destruction, then you have coverage for any "auto" you do not own, while used with the permission of its owner as a temporary substitute for the covered out of service "auto". The deductible for the temporary substitute "auto' will be the same as the applicable deductible for the covered "auto" it replaces. CCAB191 1D13 Includes copyrighted nwterial of Insurance Services Office, Inc., with its permission. irsuea Capy Page 1 of 6 COMMERCIAL AUTO C. BLANKET ADDITIONAL INSURED —REQUIRED BY CONTRACT The following is added to Paragraph A.I. Who Is An Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person(s) or organization(s) is an additional "insured" with whom you have agreed in a valid written contract or agreement, executed prior to any "accident" or "loss", that such person(s) or organization(s) be added as an additional "insured" on your policy. Such persons or organizations are additional "insureds", but only with respect to liability for "bodily injury" or "property damage" caused by an "accident' that is, in whole or in part, caused by your acts or omissions or the acts or omissions of those acting on your behalf and resulting from the ownership, maintenance or use of a covered "auto". D. EMPLOYEES AS INSUREDS — NONOWNED AUTOS The following is added to the SECTION fl — COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. EMPLOYEE HIRED AUTOS 1. Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions Paragraph 5.1b. of the Other Insurance Condition in the BUSINESS AUTO COVERAGE FORM is replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: a. Any covered "auto" you lease, hire, rent or borrow; and b. Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F. SUPPLEMENTARY PAYMENTS — BAIL BONDS The following replaces Paragraph A.2.a. (2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover_ We do not have to furnish these bonds. G. SUPPLEMENTARY PAYMENTS — LOSS OF EARNINGS The following replaces Paragraph A.2.a. (4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Includes copyrighted materiel of Insurance services Office, Inc., with its permission. CCAB191 1013 Page 2 of 6 1nw.m C<9y COMMERCIAL AUTO (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. H. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion contained under the COVERED AUTOS LIABILITY COVERAGE does not apply. I. PROPERTY OF OTHERS The Care, Custody Or Control Exclusion in SECTION 11- COVERED AUTOS LIABILITY COVERAGE does not apply to "property damage" to property, other than your property, up to an amount not exceeding $3,000 in any one "accident". This coverage applies as a result of a covered "loss", without applying a deductible. Coverage is excess over any other valid and collectible insurance. J. PERSONAL EFFECTS COVERAGE The following is added to Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE: We will pay up to $1,000 for the "loss" to personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered 'auto". This coverage applies as a result of a covered "loss", without applying a deductible. Coverage is excess over any other valid and collectible insurance. K. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS In the event of a covered "loss" where Auto Medical Payments Coverage applies, we will double the Limit Of Insurance for Medical Payments shown in the Declarations for each "insured" who was wearing a seat belt at the time of the "accident". This limit is the most we will pay for all covered medical expenses regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident'. L. EXPANDED TOWING COVERAGE The following replaces Paragraph A.2. of SECTION III - PHYSICAL DAMAGE COVERAGE: We will pay up to: 1. $100 for a covered "auto" you own of the private passenger type; or 2. $500 for a covered "auto" you own that is not of the private passenger type; for towing and labor costs incurred each time the covered "auto" is disabled. However, the labor must be performed at the place of disablement. M. AUTO LOAN OR LEASE COVERAGE Physical Damage Coverage is amended by the addition of the following: 1. In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan, including up to a maximum of $500 for early termination fees or penalties, for a covered "auto", less: CCAS191 1013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. msure ca y Page 3 of 6 COMMERCIAL AUTO a. The amount paid under the policy's Physical Damage Coverage; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs of extended warranties, Credit Life insurance, Health, Accident, or Disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. 2. This coverage only applies to a 'loss" which is also covered under this policy for Comprehensive, Specified Causes Of Loss, or Collision Coverage. 3. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. 4. This endorsement does not apply to any covered "auto" for which broader coverage is provided by any other endorsement form on this policy. N. RENTAL REIMBURSEMENT COVERAGE 1. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. 2. This coverage applies only to a covered "auto" for which Physical Damage Coverage is provided on this policy. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. b. 30 days. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred. b. $75 for any one day or for a maximum of 30 days. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Expanded Transportation Expense Coverage Extension in this form. 7. This endorsement does not apply to any covered "auto" for which broader coverage is provided by any other endorsement form on this policy. O. EXPANDED TRANSPORTATION EXPENSE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE is replaced by the following: CCAB191 1013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ?�WCopy Page 4 of 6 COMMERCIAL AUTO We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". P. EXPENSE YOU INCUR TO RECOVER A STOLEN AUTO The following is added to Paragraph A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE: We will pay up to $5,000 for the expense of recovering a stolen covered "auto" to you. We will pay only for those covered "autos" for which you carry Comprehensive or Specified Causes Of Loss Coverage. O. ACCIDENTAL AIRBAG DISCHARGE COVERAGE The following is added to Paragraph B.3.a. of SECTION III — PHYSICAL DAMAGE COVERAGE: Mechanical breakdown does not include the accidental discharge of an airbag. R. PHYSICAL DAMAGE — TWO OR MORE DEDUCTIBLES The following is added to Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE: When two or more covered "autos" sustain "loss" in the same collision, the "loss" will be reduced by the largest single deductible that applies. For purposes of this coverage, an "auto" and its aftached 'trailer" are two separate "autos". S. BLANKET WAIVER OF SUBROGATION The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply, but only when the Named Insured agrees that subrogation is waived prior to the "accident" or the "loss" under the terms of a written contract entered into between the Named Insured and an entity that is part of that contract. T. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUR OR LOSS The following replaces Paragraph A.2.a. Duties In The Event Of Accident, Claim, Suit Or Loss of SECTION IV — BUSINESS AUTO CONDITIONS: We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: a. In the event of "accident", claim, "suit", or "loss", your insurance manager or any other person you designate as responsible for insurance -related matters must notify us promptly of an "accident" or a "loss", regardless of the amount, which may result in a claim. Include: (1) How, when and where the "accident' or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Paragraph A.2.b.(2) Duties In The Event Of Accident, Claim, Suit Or Loss of SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: b. Additionally, you and any other involved "insured" must: Includes Copyrighted material of Insurance Services Office, Inc., with its permission. CCAB191 1013 Page 5 of 6 1n coag COMMERCIAL AUTO (2) Notify us and send us copies of any request, demand, order, notice, summons or legal papers received concerning the claim or "suit" as soon as practicable. For the purposes of this coverage provided, you are presumed to have knowledge of the "accident" or "loss" when it has been reported to the insurance manager or any other person you designate as responsible for insurance -related matters. U. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The following Condition is added to SECTION IV — BUSINESS AUTO CONDITIONS: Unintentional Failure To Disclose Hazards Failure by you to disclose to us all hazards existing as of the inception date of this policy shall not prejudice us with respect to the coverage afforded by this policy, provided such error or omission is not intentional. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted malenal of Insurance Services Office, Inc., with its permission. CCAB191 1013 Page 6 of 6 IMWBCCWV