Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
BBB Flow dba USTDW - Cont. No. 1113 - 7.21.2025
FORM OF CONTRACT FOR THE CONSTRUCTION OF F.Y.2025 PREFABRICATED SHELTER AT 512 UNIVERSITY AVE CITY OF WATERLOO,IOWA CONTRACT NO.1113 This contract made and entered into this day of .20 by and between the City of Waterloo,Iowa. a Municipal Corporation,(hereinafter referred to as City),and of, (hereinafter referred to as Contractor),WITNESSETH: PAR.I Contractor agrees to build and construct the F.Y.2025 PREFABRICATED SHELTER AT 512 UNIVERSITY AVE and furnish all necessary tools.equipment,materials and labor necessary to do all the work called for in the plans and specifications in a workmanship like manner and for the prices set forth in Contractors proposal,which was accepted by the City,and which is understood and agreed to be a part of this contract. PAR 2 The term"Contract"means and includes the following A. Notice of Public Hearing B. Notice to Bidders C. Instructions to Bidders D. Proposal E. Bid Bond F. Contract G. Performance Band H. Payment Bond I. Maintenance Bond J. General Specircations for Construction K. Notice to Proceed L. Conceptual Shelter Layout M. Equipment Rack Elevations N. Estimated Power and Cooling Specifications Q. Site Location P Prefabrication s Data Center Bid Specs It is expressly understood and agreed that in addition to the documents listed above,the Contract Includes any engineering data which may be furnished by the Contractor and approved by the City, together with such additional Drawings which may be furnished by the Engineer from lime to Sime as are necessary to make clear and to define in greater detail the intent of the Plans and Specifications. FORM OF CONTRACT Page 1 of 4 That several parts of the Contract are complementary, and what Is called for by any one shall be as binding as if called for by all. The intention of the Contract is to include the furnishing of all materials, labor, tools, equipment and supplies necessary for completion of the contract obligations. Materials or work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. In the event of a conflict between any of the contract documents, the Contractor is to provide the greater quantity and/or better quality, unless otherwise directed in writing by the City or Engineer. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out i n bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of"Notice to Proceed" and complete it on or before January 7. 2026 , unless an extension of time is granted in writing by the Council of the City. If the work is not completed within the specified contract period, plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of one thousand dollars ($1,000.00) per day, for each day, as further described herein, in excess of the authorized time. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness,to see that the backfilling is properly done, and agrees to keep the FORM OF CONTRACT Page 2 of 4 City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer, PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council and is by reference made a part ofthis contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10)days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Bidders,the amount of money due the Contractor for work performed and accepted, at the lump sum set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT Page 3 of 4 PAR. 16 The total amount of the contract, based on the Contractor's proposed lump sum, and for which 100% surety bond is required is$ PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean-up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100%of the total amount of the contract, same to be known as"Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2)years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2)years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four(4)and not less than three(3)months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2)years after the acceptance of the work. CITY OF WATERLOO, IOWA Iviayor City Clerk (� &,i.C, Re UQ,n4,g7ti Contractor BY: ERIC R.BENSON Title: PRESIDENT Approved by the City Council of the City of Waterloo,Iowa, this day of , 20 ATTEST: City Clerk Waterloo, Iowa FORM OF CONTRACT Page 4 of 4 77/2/2025 E(MM/DDYYY) ACS" CERTIFICATE OF LIABILITY INSURANCEIY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: TrueNorth Companies, L.C. PHONE FAX 500 1 st St SE AIC No Ext): 319-366-2723 AIC No):319-862-0612 Cedar Rapids IA 52401 ADDRESS: certs@truenorthcompani'es.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:ACUITY A Mutual Insurance Company 14184 INSURED EBBFLOW-01 INSURER B: EBB Flow Co 725 6th Street N INSURER C: PO Box 365 INSURER D: Walford IA 52351 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:506518459 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DDIYYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY Y Y ZP7117 12/1/2024 12/1/2025 EACH OCCURRENCE $1,000,000 Fv� DAMAGE TO CLAIMS-MADE OCCUR PREMISES a oNcur RENTED $250,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY jE LOC PRODUCTS-COMP/OP AGG $3,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y ZP7117 12/1/2024 12/1/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �( NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR ZP7117 12/1/2024 12/1/2025 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED RETENTION$ $ A WORKERS COMPENSATION ZP7117 12/1/2024 12/1/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? Y NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) If Yes is indicated above for additional insured forms Gen Liability#CG2033 6/13(premises),#CG7277 6/13(completed operations)#CG2001 4/13 (Primary/Noncontributory),Auto Liability#CA7211 10/98 applies. If Yes is indicated above for waiver of subrogation forms Gen Liability#CG7301 12/19, Auto Liability#CA7247 10/16 and WC#WC000313 04/84 applies.Coverage is extended for work performed and required under written contract with the above named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Waterloo 620 Mulberry Street AUTHORIZED REPRESENTATIVE Waterloo IA 50703 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD BLANKET ADDITIONAL INSURED CA-7211(10-98) This endorsement modifies insurance provided under tificate of insurance showing that person or organiza- the following: tion as additional insured has been issued. BUSINESS AUTO COVERAGE FORM 2. The insurance provided by this endorsement ap- GARAGE COVERAGE FORM plies only with respect to liability arising out of oper- MOTOR CARRIER COVERAGE FORM ations performed for the additional insured by you. 1. Who Is an Insured under Section II - Liability 3. The Limits of Insurance applicable to the addi- Coverage is amended to include any person or or- tional insured are those specified in the written con- ganization you are required to add as an additional tract or agreement or in the Declarations for this insured on this policy under a written contract or Coverage Form, whichever is less. These Limits of agreement currently in effect or becoming effective Insurance are inclusive and not in addition to the during the term of the policy, provided that a cer- Limits of Insurance shown in the Declarations. CA-7211(10-98) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 ACUITY ENHANCEMENTS - BUSINESS AUTO CA-7247(10-16) This endorsement modifies insurance provided under D. Fellow Employee Coverage the following: The Fellow Employee Exclusion contained in BUSINESS AUTO COVERAGE FORM Section II - Liability Coverage does not apply. MOTOR CARRIER COVERAGE FORM E. Towing for Covered Autos after Covered A. Temporary Substitute Vehicle Physical Dam- Losses age The following is added to paragraph A4 Cov- The following is added to item C Certain Trail- erage Extensions of Section III - Physical Dam- ers, Mobile Equipment and Temporary Substi- age Coverage in the Business Auto Coverage tute Autos under Section I - Covered Autos: Form and to paragraph - A4 Coverage Exten- If Physical Damage Coverage is provided by sion under Section IV - Physical Damage Cov- this Coverage Form, any auto you do not own erage in the Motor Carrier Coverage Form and while used with permission of its owner as a the Towing Coverage endorsement, if it applies temporary substitute for a covered auto you own to your policy: that is out of service because of its breakdown, If a covered loss to a covered auto renders the repair, servicing, loss or destruction is a covered vehicle undriveable, we will pay for reasonable auto for Physical Damage Coverage. and necessary costs to tow the vehicle to the B. Who Is an Insured nearest service or salvage facility. This cov- erage only applies to a covered auto insured for The following are added to Who Is an Insured Comprehensive or Collision coverage. Such under Section II - Liability Coverage: payments will not reduce the limits of insurance 1. Newly Acquired Organizations described in C Limit of Insurance. Any organization you newly acquire or form, F. Transportation Expenses other than a partnership, joint venture or The Transportation Expenses Coverage Exten- limited liability company, and over which you sion is replaced by the following: maintain ownership or majority interest, will qualify as a Named Insured if there is no We will also pay up to $75 per day to a other similar insurance available to that maximum of$1,500 for temporary transportation organization. However: expense incurred by you because of the total theft of a covered auto of the private passenger a. Coverage under this provision is afford- or light truck type. We will pay only for those ed only until the 180th day after you covered autos for which you carry either acquire or form the organization or the Comprehensive or Specified Causes of Loss end of the policy period, whichever is Coverage. We will pay for temporary transport- earlier; ation expenses incurred during the period b. This coverage does not apply to bodily beginning 48 hours after the theft and ending, injury or property damage that occurred regardless of the policy's expiration, when the before you acquired or formed the or- covered auto is returned to use or we pay for its ganization; loss. c. No person or organization is an insured G. Increased Sub-limit for Audio, Visual and with respect to the conduct of any cur- Data Electronic Equipment Coverage rent or past partnership, joint venture or The sub-limit shown in paragraph C2 of the Limit limited liability company that is not of Insurance Provision of Section III - Physical shown as a Named Insured in the Dec- Damage Coverage in the Business Auto Cov- larations. erage Form is increased to $3,000. 2. Employees as Insureds H. The following are added to Coverage Extensions Any employee of yours is an insured while under Section III - Physical Damage Coverage using a covered auto you do not own, hire or in the Business Auto Coverage Form and to borrow in your business or your personal Section IV - Physical Damage Coverage in the affairs. Motor Carrier Coverage Form: C. Increased Supplementary Payments 1. Accidental Airbag Discharge 1. The limit shown in paragraph A2a(2) of We will pay to replace an airbag that de- Section II - Liability Coverage is increased to ploys without the car being involved in an $3,000. accident. This coverage applies only to a 2. The limit shown in paragraph A2a(4) of covered auto which you own. Section II - Liability Coverage is increased to 2. Loan/Lease Gap Coverage $300. In the event of a total loss to a covered auto of the private passenger or light truck CA-7247(10-16) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 5 type, we will pay any unpaid amount due on with the lesser of the following number the lease or loan, less: of days: a. The amount paid under the Physical (1) The number of days reasonably re- Damage Coverage Section of the poli- quired to repair or replace the cov- cy; and ered auto. If loss is caused by theft, b. Any: this number of days is added to the number of days it takes to locate the (1) Overdue lease/loan payments at the covered auto and return it to you. time of the loss; (2) 30 days. (2) Financial penalties imposed under a lease for excessive use, abnormal d. Our payment is limited to the lesser of wear and tear or high mileage; the following amounts: (3) Security deposits not returned by (1) Necessary and actual expenses in- the lessor; curred. (4) Costs for extended warranties, (2) $75 per day to a maximum of Credit Life Insurance, Health, Ac- $1,500. cident or Disability Insurance pur- e. This coverage does not apply while chased with the loan or lease; and there are spare or reserve autos avail- (5) Carry-over balances from previous able to you for your operations. loans or leases. f. If loss results from the total theft of a 3. Hired Auto Physical Damage Coverage covered auto to which this extension If hired autos are covered autos for Liability applies, we will pay under this coverage Coverage, that amount of your rental reim- Coverage, then the Physical Damage Cov- bursement expenses which is not al- for provided under this Coverage Form ready provided for under the Physical for any auto you own are extended to autos Damage Coverage Extensions. of the private passenger or light truck type which you lease, hire, rent or borrow for a g. The Rental Reimbursement Coverage period of 30 days or less, subject to the described above does not apply to a following limit. covered auto that is described or The most we will pay under this extension is designated as a covered auto on Rental Reimbursement Coverage Form the lesser of the actual cash value, the cost CA-9923F. of repair or $50,000, minus a deductible. The deductible will be equal to the largest 5. Fire Department Service Charge deductible applicable to any owned auto of When the fire department is called to save the private passenger or light truck type for or protect a covered auto, its equipment, its that coverage. Subject to the above limit, contents, or occupants from a covered loss, deductible and excess provisions, we will we will pay up to $1,000 for your liability for provide coverage equal to the broadest fire department service charges: coverage applicable to any covered auto you a. Assumed by contract or agreement prior own of the private passenger or light truck to loss; or type. 4. Rental Reimbursement Coverage for Pri- vate Passenger Vehicles or Light Trucks No deductible applies to this additional cov- a. This coverage applies only to a covered erage. auto of the private passenger or light 6. Fire Extinguisher Recharge truck type. We will pay the actual cost of recharging or b. We will pay for rental reimbursement replacing, whichever is less, fire extinguish- expenses incurred by you for the rental ers kept in your covered auto that are inten- of an auto because of a covered loss to tionally discharged in an attempt to extin- an auto to which this extension applies. guish a fire. Payment applies in addition to the oth- 7. Rental Reimbursement, Business Income erwise applicable amount of each cov- and Extra Expense Coverage erage you have on a covered auto. No Limits deductibles apply to this coverage. c. We will pay only for those expenses The most we will pay for all loss for each incurred during the policy period begin- covered auto involved in any one accident ning 24 hours after the loss and ending, for Rental Reimbursement, Business Income regardless of the policy's expiration, and Extra Expense combined is $10,000. CA-7247(10-16) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 5 Coverage make under any other coverages listed a. Rental Reimbursement Coverage in extension 7. (1) We will pay for expenses incurred b. No other deductible applies to these by you during the period of coverages. restoration for the rental of an auto c. We will not pay under these coverages if made necessary because of a you do not repair or replace the cov- covered loss to a covered auto used ered auto. in your business. The loss must be d. You must resume all or part of your caused by a cause of loss covered business as quickly as possible. under item Al of Physical Damage e. If you have other autos you can use to Coverage in this Coverage Part. reduce the amount of loss payable un- (2) This Rental Reimbursement Cover- der these coverages, you are required to age does not apply to a covered use them. auto of the private passenger or f. We will not pay for loss or expenses light truck type because coverage caused by suspension, lapse or can- for these vehicles is provided in cellation of any license, lease or con- item 4 of this endorsement. tract. But if the suspension, lapse or b. Business Income and Extra Expense cancellation is directly caused by the Coverage suspension of your business, we will (1) Business Income Coverage cover such loss that affects your busi- (a) Actual Loss Sustained Cover- ness income. age - We will pay the actual g. We will pay for expenses you incur to loss of business income reduce the amount that would otherwise sustained by you as the result have been payable under this coverage. of the necessary suspension of We will not pay more than the amount your business during the period by which you actually reduce the busi- of restoration due to a loss to a ness income loss or extra expense in- covered auto used in your curred. business. The loss must be 8. Fuel in Vehicle Coverage caused by a cause of loss covered under item Al of We will also pay, with respect to a covered Physical Damage Coverage in loss, the actual loss sustained for the loss to this Coverage Part. the fuel used to operate your vehicle but only with respect to a covered auto. You (b) Specified Amount per Day must provide documentation supporting your Coverage - At your option, we claim for damages. will pay up to $250 per day for a maximum of seven days Deductible during the period of restoration A deductible applies to this coverage. Refer for income loss. The loss must to paragraph N Deductible Applicable to Fuel be caused by a cause of loss in Vehicle, Miscellaneous Equipment Used covered under item Al of With Covered Vehicle Coverages, and Physical Damage Coverage in Electronic Logging Devices or Electronic this Coverage Part. On-Board Recorders Coverages. (2) Extra Expense Coverage 9. Miscellaneous Equipment Used With We will pay the necessary and rea- Covered Vehicle Coverage sonable extra expenses that you in- We will also pay, with respect to a covered cur during the period of restoration loss, the actual cash value, repair cost or that you would not have incurred replacement cost, whichever is less, for loss had there been no loss to a covered to your miscellaneous equipment but only auto used in your business. The loss with respect to a covered auto. must be caused by a cause of loss Exclusions covered under item Al of Physical Damage Coverage in this Coverage We will not pay for loss caused by: Part. a. Theft, unless there are visible signs or Conditions marks of forcible entry into the covered auto and the theft is reported to law a. Any payment for Business Income made enforcement authorities; or under Specified Amount per Day Coverage reduces the payment we b. Mysterious disappearance. CA-7247(10-16) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 5 Deductible J. Knowledge of Claim or Suit A deductible applies to this coverage. Refer The following is added to the Duties in the to paragraph N Deductible Applicable to Fuel Event of Accident, Claim, Suit or Loss Con- in Vehicle, Miscellaneous Equipment Used dition: With Covered Vehicle Coverages, and Electronic Logging Devices or Electronic Knowledge of an accident, claim, suit or loss by On-Board Recorders Coverages. an agent or employee of any insured shall not in 10.Electronic Logging Devices or Electronic itself constitute knowledge of the insured unless gg g your partners, executive officers, directors, On-Board Recorders managers, members or a person who has been We will also pay, with respect to a covered designated by them to receive reports of loss, up to $3,000 for the actual loss sus- accidents, claims, suits or loss shall have re- tained to an electronic on-board recorder or ceived such notice from the agent or employee. electronic logging device permanently in- K. Waiver of Subrogation for Written Contracts stalled in the auto but only with respect to a covered auto. The following is added to the Transfer of Rights Deductible of Recovery Against Others to Us Condition: A deductible applies to this coverage. Refer We waive any right of recovery we may have to paragraph N Deductible Applicable to Fuel against a person or organization because of in Vehicle, Miscellaneous Equipment Used payments we make for bodily injury or property With Covered Vehicle Coverages, and damage arising out of your use of a covered Electronic Logging Devices or Electronic auto which occurs while under a contract with gg g that person or organization. The waiver applies information.On Recorders Coverages for further only to a person or organization with whom you have a written contract or agreement requiring I. Deductible Provision you to waive the right of recovery under this Paragraph D, Deductible of Section III - Phys- policy. The written contract or agreement must ical Damage Coverage in the Business Auto have been executed prior to the accident caus- Coverage Form and paragraph D, Deductible of ing bodily injury or property damage. Section IV - Physical Damage Coverage in the L. Worldwide Coverage Territory for Hired Motor Carrier Coverage Form are replaced by Autos the following: The following is added to paragraph B7 of Sec- 1. For each covered auto, our obligation to pay tion IV - Business Auto Conditions in the Busi- for, repair, return or replace damaged or ness Auto Coverage Form and to paragraph B7 stolen property will be reduced by the of Section V - Motor Carrier Conditions in the applicable deductible shown in the Declara- Motor Carrier Coverage Form: tions. Any Comprehensive Coverage de- ductible shown in the Declarations does not With respect to autos hired for 30 days or less, apply to loss caused by fire or lightning. the coverage territory is extended to include all parts of the world if the insured's responsibility 2. For combinations of tractor, truck, semi- to pay damages is determined in a suit in the trailer or trailers when attached together by United States of America (including its territor- coupling devices at the time of loss, one ies and possessions), Puerto Rico or Canada or deductible will apply. in a settlement we agree to. a. If more than one auto of the combina- M. Mental Anguish Coverage tion is damaged or stolen, the largest applicable deductible shown in the Dec- The Definition of bodily injury is amended to larations will apply. include mental anguish. b. If only one auto of the combination is N. Deductible Applicable to Fuel in Vehicle, damaged or stolen, the deductible Miscellaneous Equipment Used With Cov- shown in the Declarations for that auto ered Vehicle Coverages and Electronic Log- will apply. ging Devices or Electronic On-Board Re- corders 3. The deductibles will not apply to loss caused by a collision of a covered auto with any 1. If loss to property covered by these exten- other auto insured by us. sions is the result of a loss to the covered auto under this Coverage Form's Compre- 4. If the insured chooses to have a damaged hensive or Collision Coverage, then for each windshield or other glass repaired instead of covered auto our obligation to pay for, replaced, no deductible will apply to the loss. repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any CA-7247(10-16) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 5 Comprehensive Coverage deductible shown 4. "Miscellaneous equipment" means hand in the Declarations does not apply to loss to trucks, dollies, pallets, pads, covers, bind- property covered by an extension caused by ers, tarps, tie-downs, chains and other simi- fire or lightning. lar equipment used in the handling of prop- 2. If loss to property covered by these exten- erty being transported. sions is the result of a loss to the covered 5. "Period of restoration" means the period of auto under this Coverage Form's Specified time that: Causes of Loss Coverage, then for each a. Begins: covered auto our obligation to pay for, repair, return or replace damaged or stolen (1) Twenty-four hours after the time of property will be reduced by a $100 loss for Rental Reimbursement Cov- deductible. erage or Business Income Cov- 3. In the event that there is more than one erage; or applicable deductible, only the highest de- (2) Immediately after the time of loss ductible will apply. In no event will more than for Extra Expense Coverage; and one deductible apply. b. Ends at the earliest of: O. Coverage Extensions Definitions (1) The time required to resume your 1. "Business income" means the: normal business operations; or a. Net income (Net profit or loss before (2) The time that is reasonably nec- income taxes) that would have been essary to repair or replace the cov- earned or incurred if no loss would have ered auto. occurred; and Period of restoration does not include any b. Continuing normal operating expenses increased period required due to the en- incurred, including payroll. forcement of any ordinance or law that re- quires any insured or others to test for, t. "Extra expense" p y monitor, clean up, remove, contain, treat, incur to avoid or minimize the suspension of detoxify or neutralize or in any way respond business and to continue your business op- to or assess the effects of pollutants. erations. The expiration date of this policy will not cut 3. "Light truck" means a truck with a gross short the period of restoration. vehicle weight of 10,000 pounds or less. CA-7247(10-16) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 5 PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION CG-2001 R(4-13) This endorsement modifies insurance provided under This insurance is primary to and will not seek con- the following: tribution from any other insurance available to an COMMERCIAL GENERAL LIABILITY COVERAGE PART additional insured under your policy provided that: PRODUCTS-COMPLETED OPERATIONS LIABILITY COV- (1) The additional insured is a Named Insured un- ERAGE FORM der such other insurance; and RESIDENTIAL CARE FACILITY LIABILITY COVERAGE (2) You have agreed in writing in a contract or PART The following is added to the Other Insurance Con- agreement that this insurance would be primary dition and supersedes any provision to the contrary: and would not seek contribution from any other insurance available to the additional insured. Primary And Noncontributory Insurance CG-2001 R(4-13) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -AUTO- CG-2033R(6-13) MATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under (1) The preparing, approving or failing to the following: prepare or approve maps, shop draw- COMMERCIAL GENERAL LIABILITY COVERAGE PART ings, opinions, reports, surveys, field 1. Section II - Who Is An Insured is amended to orders, change orders or drawings and include as an additional insured: specifications; or (2) Supervisory, inspection, architectural or a. Any person or organization for whom you engineering activities. are performing operations when you and This exclusion applies even if the claims against such person or organization have agreed in any insured allege negligence or other writing in a contract or agreement that such wrongdoing in the supervision, hiring, employ- person or organization be added as an ad- ment, training or monitoring of others by that ditional insured on your policy; and insured, if the occurrence which caused the b. Any other person or organization you are bodily injury or property damage involved the required to add as an additional insured rendering of or the failure to render any gro- under the contract or agreement described fessional architectural, engineering or surveying in paragraph a above. services. Such person or organization is an additional b. Bodily injury or property damage occurring insured only with respect to liability for bodily after: injury, property damage or personal and ad- (1) All work, including materials, parts or vertising injury caused, in whole or in part, by: equipment furnished in connection with a. Your acts or omissions; or such work, on the project (other than ser- b. The acts or omissions of those acting on vice, maintenance or repairs) to be per- your behalf; formed by or on behalf of the additional in the performance of your ongoing operations insured(s) at the location of the covered for the additional insured. operations has been completed; or However the insurance afforded to such addi- (2) That portion of your work out of which the injury or damage arises has been tional insured: put to its intended use by any person or a. Only applies to the extent permitted by law; organization other than another con- and tractor or subcontractor engaged in per- b. Will not be broader than that which you are forming operations for a principal as a required by the contract or agreement to part of the same project. provide for such additional insured. 3. With respect to the insurance afforded to these A person's or organization's status as an addi- additional insureds, the following is added to tional insured under this endorsement ends Section III - Limits Of Insurance: when your operations for that additional insured The most we will pay on behalf of the addi- are completed. tional insured is the amount of insurance: 2. With respect to the insurance afforded these a. Required by the contract or agreement you additional insureds, the following additional ex- have entered into with the additional in- clusions apply: sured; or This insurance does not apply to: b. Available under the applicable Limits of In- a. Bodily injury, property damage or personal surance shown in the Declarations; and advertising injury arising out of the ren- whichever is less. dering of, or the failure to render, any pro- This endorsement shall not increase the ap- fessional architectural, engineering or sur- plicable Limits of Insurance shown in the De- veying services, including: clarations. CG-2033R(6-13) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 ACUITY ENHANCEMENTS - GENERAL LIABILITY CG-7301(12-19) This endorsement modifies insurance provided will not reject coverage under this policy based under the following: solely on such failure. COMMERCIAL GENERAL LIABILITY COVERAGE FORM H. Waiver of Subrogation for Written Contracts A. Extended Non-Owned Watercraft The following is added to the Transfer of Rights Exclusion g Exception (2)(a) of Coverage A - of Recovery Against Others to Us Condition Bodily Injury and Property Damage Liability is under Section IV - Commercial General Liability replaced by the following: Conditions: (a) Less than 51 feet long; and We waive any right of recovery we may have B. Increased Bail Bond Amount against a person or organization because of The limit shown in paragraph lb of payments we make for injury or damage arising Supplementary Payments - Coverages A and B out of your ongoing operations or your work done under a contract with that person or is increased to$1,000. organization and included in the C. Increased Reasonable Expenses Incurred by products-completed operations hazard. the Insured The waiver applies only to: The limit shown in paragraph ld of 1. Any person or organization with whom you Supplementary Payments - Coverages A and B have a written contract or agreement in is increased to$350. which you are required to waive rights of D. Newly Acquired Organizations recovery under this policy. Such contract or Item 3a of Section II - Who Is An Insured is agreement must have been executed prior replaced by the following: to the occurrence causing injury or damage; a. Coverage under this provision is afforded and only until the 180th day after you acquire or 2• Any other person or organization you are form the organization or the end of the required to add as an additional insured policy period, whichever is earlier; under the contract or agreement described E. Tenants Legal Liability in paragraph 1 above. Paragraphs (1), (3) and (4) of the Damage to I. Liberalization Property Exclusion under Section I - Coverages The following is added to Section IV - do not apply to property damage (other than Commercial General Liability Conditions: damage by fire) to premises, including the If we adopt any revision that would broaden the contents of such premises, rented to you for a coverage under this policy without additional period of 8 or more consecutive days. premium within 45 days prior to or during the The most we will pay under this coverage for policy period, the broadened coverage will damages because of property damage to any immediately apply to this policy. one premises is $10,000. A $250 deductible J. Broadened Bodily Injury applies. The Definition of Bodily Injury is amended to F. Knowledge of Claim or Suit include mental anguish. The following is added to paragraph 2, Duties in K. Electronic Data Liability the Event of Occurrence, Offense, Claim or Suit 1. Exclusion 2q of Coverage A - Bodily Injury of Section IV - Commercial General Liability Conditions: And Property Damage Liability in Section I - Coverages is replaced by the following: Knowledge of an occurrence, claim or suit by 2. Exclusions your agent, servant or employee shall not in itself constitute knowledge of the Named This insurance does not apply to: Insured unless an officer of the Named Insured q. Access Or Disclosure Of has received such notice from the agent, Confidential Or Personal servant or employee. Information And Data-related G. Unintentional Failure to Disclose Hazard Liability The following is added to the Representations Damages arising out of: Condition under Section IV - Commercial (1) Any access to or disclosure of General Liability Conditions: any person's or organization's Based on our dependence upon your confidential or personal representations as to existing hazards, if information, including patents, trade unintentionally you should fail to disclose all such secrets, processing methods, hazards at the inception date of your policy, we customer lists, financial CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 8 information, credit card information, shall be deemed to occur at the time of the health information or any other type occurrence that caused it. of nonpublic information; or For the purposes of this coverage, electronic (2) The loss of, loss of use of, data is not tangible property. damage to, corruption of, inability L. Employee Benefits Liability Coverage to access, or inability to manipulate electronic data that 1. The following is added to Section I - does not result from physical Coverages: injury to tangible property. Insuring Agreement This exclusion applies even if a. We will pay those sums that the insured damages are claimed for notification becomes legally obligated to pay as costs, credit monitoring expenses, damages because of any act, error or forensic expenses, public relations omission, of the insured, or of any other expenses or any other loss, cost or person for whose acts the insured is expense incurred by you or others legally liable, to which this coverage arising out of that which is described applies. We will have the right and duty in paragraph (1)or(2)above. to defend the insured against any suit However, unless paragraph (1) seeking those damages. However, we above applies, this exclusion does will have no duty to defend the insured not apply to damages because of against any suit seeking damages to bodily injury. which this coverage does not apply. We 2. The following paragraph is added to Section may, at our discretion, investigate any report of an act, error or omission and III - Limits of Insurance: settle any claim or suit that may result. Subject to paragraph 5 above, $10,000 is But: the most we will pay under Coverage A for (1) The amount we will pay for damages property damage because of all loss of is limited as described in paragraph 5 electronic data arising out of any one of this coverage; and occurrence. (2) Our right and duty to defend ends 3. The following definition is added to Section when we have used up the applicable V- Definitions: limit of insurance in the payment of "Electronic data"means information, facts or judgments or settlements. programs stored as or on, created or used No other obligation or liability to pay on, or transmitted to or from computer sums or perform acts or services is software (including systems and application covered unless explicitly provided for software), hard or floppy disks, CD-ROMS, under Supplementary Payments. tapes, drives, cells, data processing devices or any other media which are used with b. This coverage applies to damages only electronically controlled equipment. if: 4. For the purposes of this coverage, the (1) The act, error or omission, is definition of 'property damage"in Section V negligently committed in the - Definitions is replaced by the following: administration of your employee "Property damage"means: benefit program; a. Physical injury to tangible property, (2) The act, error or omission, did not take place before the original including all resulting loss of use of that inception date of this coverage nor property. All such loss of use shall be deemed to occur at the time of the after the end of the policy period; and physical injury that caused it; (3) A claim for damages, because of an b. Loss of use of tangible property that is act, error or omission, is first made not physically injured. All such loss of against any insured, in accordance with paragraph c below, during the use shall be deemed to occur at the time policy period or an Extended of the occurrence that caused it; or Reporting Period we provide under c. Loss of, loss of use of, damage to, paragraph 6 of this coverage. corruption of, inability to access, or inability c. A claim seeking damages will be deemed to properly manipulate electronic data, to have been made at the earlier of the resulting from physical injury to tangible following times: property. All such loss of electronic data (1) When notice of such claim is CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 8 received and recorded by any f. Workers' Compensation And Similar insured or by us, whichever comes Laws first; or Any claim arising out of your failure to (2) When we make settlement in comply with the mandatory provisions of accordance with paragraph a above. any workers' compensation, A claim received and recorded by the unemployment compensation insurance, insured within 60 days after the end of social security or disability benefits law the policy period will be considered to or any similar law. have been received within the policy g. ERISA period, if no subsequent policy is Damages for which any insured is liable available to cover the claim. because of liability imposed on a d. All claims for damages made by an fiduciary by the Employee Retirement employee because of any act, error or Income Security Act of 1974, as now or omission, or a series of related acts, hereafter amended, or by any similar errors or omissions, including damages federal, state or local laws. claimed by such employee's dependents h. Available Benefits and beneficiaries, will be deemed to have been made at the time the first of Any claim for benefits to the extent that those claims is made against any such benefits are available, with insured. reasonable effort and cooperation of the Exclusions insured, from the applicable funds accrued or other collectible insurance. This coverage does not apply to: L Taxes, Fines Or Penalties a. Dishonest, Fraudulent, Criminal Or Taxes, fines or penalties, including those Malicious Act imposed under the Internal Revenue Code Damages arising out of any intentional, or any similar state or local law. dishonest, fraudulent, criminal or malicious j. Employment-Related Practices act, error or omission, committed by any insured, including the willful or reckless Damages arising out of wrongful violation of any statute. termination of employment, b. Bodily Injury, Property Damage, Or discrimination, or other Personal And Advertising Injury employment-related practices. Bodily injury, property damage or 2. For the purposes of the coverage provided: personal and advertising injury. a. All references to Supplementary c. Failure To Perform A Contract Payments - Coverages A and B are replaced by Supplementary Payments - Damages arising out of failure of Coverages A, B and Employee Benefits performance of contract by any insurer. Liability. d. Insufficiency Of Funds b. Paragraphs 1 b and 2 of the Damages arising out of an insufficiency Supplementary Payments provision do of funds to meet any obligations under not apply. any plan included in the employee 3. For the purposes of the coverage provided, benefit program. paragraphs 2 and 3 of Section II -Who Is An e. Inadequacy Of Performance Of Insured are replaced by the following: Investment/Advice Given With 2. Each of the following is also an insured: Respect To Participation a. Each of your employees who is or Any claim based upon: was authorized to administer your (1) Failure of any investment to perform; employee benefit program. (2) Errors in providing information on b. Any persons, organizations or past performance of investment employees having proper temporary vehicles; or authorization to administer your (3) Advice given to any person with employee benefit program if you die, respect to that person's decision to but only until your legal participate or not to participate in any representative is appointed. plan included in the employee benefit c. Your legal representative if you die, program. but only with respect to duties as CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 8 such. That representative will have plan included in the employee benefit all your rights and duties under this program. coverage. d. Limits of Insurance 3. Any organization you newly acquire or Each Employee Limit: $250,000 form, other than a partnership, joint venture or limited liability company, and Aggregate Limit: $250,000 over which you maintain ownership or The Limits of Insurance of this coverage majority interest, will qualify as a Named apply separately to each consecutive annual Insured if no other similar insurance period and to any remaining period of less applies to that organization. However: than 12 months, starting with the be ginning a. Coverage under this provision is of the policy period shown in the afforded only until the 90th day after Declarations of the policy to which this you acquire or form the organization coverage is attached, unless the policy or the end of the policy period, period is extended after issuance for an whichever is earlier. additional period of less than 12 months. In that case, the additional period will be b. Coverage under this provision does deemed part of the last preceding period for not apply to any act, error or purposes of determining the Limits Of omission that was committed before Insurance. you acquired or formed the organization. Deductible 4. For the purposes of the coverage provided, a. Our obligation to pay damages on behalf Section III - Limits Of Insurance is replaced of the insured applies only to the amount by the following: of damages in excess of the deductible amount stated in a below as applicable Limits Of Insurance to Each Employee. The limits of a. The Limits of Insurance shown in d insurance shall not be reduced by the below and the rules below fix the most amount of this deductible. we will pay regardless of the number of: b. The deductible amount stated in a below (1) Insureds; applies to all damages sustained by any (2) Claims made or suits brought; one employee, including such employee's dependents and (3) Persons or organizations making beneficiaries, because of all acts, errors claims or bringing suits; or omissions to which this coverage (4) Acts, errors or omissions; or applies. (5) Benefits included in your employee c. The terms of this coverage, including benefit program. those with respect to: b. The Aggregate Limit is the most we will (1) Our right and duty to defend any pay for all damages because of acts, suits seeking those damages; and errors or omissions negligently (2) Your duties, and the duties of any committed in the administration of your other involved insured, in the event employee benefit program. of an act, error or omission, or claim c. Subject to the Aggregate Limit, the Each apply irrespective of the application of Employee Limit is the most we will pay the deductible amount. for all damages sustained by any one employee, including damages sustained d. We may pay any part or all of the employee's dependents and deductible amount to effect settlement of by such em beneficiaries, pl a result of: any claim or suit and, upon notification of the action taken, you shall promptly (1) An act, error or omission; or reimburse us for such part of the (2) A series of related acts, errors or deductible amount as we have paid. omissions e. Deductible negligently committed in the Each Employee Deductible: $1,000 administration of your employee benefit program. 5. For the purposes of the coverage provided, Conditions 2 and 4 of Section IV - However, the amount paid under this Conditions are replaced by the following: coverage shall not exceed, and will be 2. Duties In The Event Of An Act, Error subject to, the limits and restrictions that apply to the payment of benefits in any Or Omission, Or Claim Or Suit CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 8 a. You must see to it that we are obligations are not affected unless notified as soon as practicable of an any of the other insurance is also act, error or omission which may primary. Then, we will share with all result in a claim. To the extent that other insurance by the method possible, notice should include: described in paragraph c below. (1) What the act, error or omission b. Excess Insurance was and when it occurred; and (1) This coverage is excess over any (2) The names and addresses of of the other insurance, whether anyone who may suffer damages primary, excess, contingent or on as a result of the act, error or any other basis that is effective omission. prior to the beginning of the b. If a claim is made or suit is brought policy period shown in the against any insured, you must: Declarations of this insurance and that applies to an act, error or (1) Immediately record the specifics of omission on other than a the claim or suit and the date claims-made basis, if the other received; and insurance has a policy period (2) Notify us as soon as practicable. which continues after the original c. You and any other involved insured inception date of this coverage. must: (2) When this coverage is excess, (1) Immediately send us copies of we will have no duty to defend any demands, notices, the insured against any suit if any summonses or legal papers other insurer has a duty to defend received in connection with the the insured against that suit. If no claim or suit, other insurer defends, we will undertake to do so, but we will be (2) Authorize us to obtain records entitled to the insured's rights and other information; against all those other insurers. (3) Cooperate with us in the (3) When this coverage is excess investigation or settlement of the over other insurance, we will pay claim or defense against the suit, only our share of the amount of and the loss, if any, that exceeds the (4) Assist us, upon our request, in the sum of the total amount that all enforcement of any right against such other insurance would pay any person or organization which for the loss in absence of this may be liable to the insured coverage; and the total of all because of an act, error or deductible and self-insured omission to which this coverage amounts under all that other may also apply. insurance. d. No insured will, except at that (4) We will share the remaining loss, insured's own cost, voluntarily make if any, with any other insurance a payment, assume any obligation or that is not described in this incur any expense without our Excess Insurance provision and consent. was not bought specifically to e. The requirements to notify us can be apply in excess of the Limits of satisfied by notifying our agent. Insurance shown in paragraph 5d Notice can be by any means of of this coverage. communication. c. Method Of Sharing 4. Other Insurance If all of the other insurance permits If other valid and collectible insurance is contribution by equal shares, we will available to the insured for a loss we follow this method also. Under this cover under this coverage, our approach each insurer contributes obligations are limited as follows: equal amounts until it has paid its applicable Limit of Insurance or none a. Primary Insurance of the loss remains, whichever This coverage is primary except comes first. when paragraph b below applies. If If any of the other insurance does not this coverage is primary, our permit contribution by equal shares, CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 8 we will contribute by limits. Under (4) Other related factors. this method, each insurer's share is The additional premium will not exceed based on the ratio of its applicable $100. Limits of Insurance to the total applicable Limits of Insurance of all The Extended Reporting Period insurers. endorsement applicable to this coverage 6. For the purposes of the coverage provided, shall set forth the terms, not inconsistent the following Extended Reporting Period with this Section, applicable to the Extended Reporting Period, including a provisions are added, or, if this coverage is provision to the effect that the coverage attached to a claims-made Coverage Part, afforded for claims first received during replaces any similar Section in that such period is excess over any other Coverage Part: valid and collectible insurance available EXTENDED REPORTING PERIOD under policies in force after the Extended a. You will have the right to purchase an Reporting Period starts. Extended Reporting Period, as described d. If the Extended Reporting Period is in below, if: effect, we will provide an extended (1) This coverage is canceled or not reporting period aggregate limit of renewed; or insurance described below, but only for claims first received and recorded during (2) We renew or replace this coverage the Extended Reporting Period. with insurance that: The extended reporting period aggregate (a) Has an inception date later than limit of insurance will be equal to the the original inception date of this dollar amount shown in paragraph 5d of coverage; or this coverage under Limits of Insurance. (b) Does not apply to an act, error or Paragraph 5b of this coverage will be omission on a claims-made basis. amended accordingly. The Each b. The Extended Reporting Period does not Employee Limit shown in paragraph 5d extend the policy period or change the will then continue to apply as set forth in scope of coverage provided. It applies paragraph 5c. only to claims for acts, errors or 7. For the purposes of the coverage provided, omissions that were first committed the following definitions are added to the before the end of the policy period but Definitions Section: not before the original inception date of this coverage. Once in effect, the a. Administration"means: Extended Reporting Period may not be (1) Providing information to employees, canceled. including their dependents and c. An Extended Reporting Period of five beneficiaries, with respect to years is available, but only by an eligibility for or scope of employee endorsement and for an extra charge. benefit programs; You must give us a written request for (2) Handling records in connection with the endorsement within 60 days after the the employee benefit program; or end of the policy period. The Extended (3) Effecting, continuing or terminating Reporting Period will not go into effect any employee's participation in any unless you pay the additional premium benefit included in the employee promptly when due. benefit program. We will determine the additional However, administration does not include premium in accordance with our rules handling payroll deductions. and rates. In doing so, we may take into b. "Cafeteria plans"means plans authorized account the following: by applicable law to allow employees to (1) The employee benefit programs elect to pay for certain benefits with insured; pre-tax dollars. (2) Previous types and amounts of c. "Claim" means any demand, or suit, insurance; made by an employee or an employee's (3) Limits of insurance available under dependents and beneficiaries, for this coverage for future payment of damages as the result of an act, error or damages; and omission. CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 8 d. "Employee benefit program" means a the insured submits with our consent. program providing some or all of the M. Voluntary Property Damage following benefits to employees, whether provided through a cafeteria plan or 1. With respect to the insurance provided otherwise: under this coverage, paragraph 2 Exclusions of Coverage A - Bodily Injury and Property (1) Group life insurance; group accident Damage Liability under Section I - or health insurance; dental, vision Coverages is modified as followed: and hearing plans; and flexible spending accounts; provided that no a. Exclusion 2j(4) is replaced by the one other than an employee may following: subscribe to such benefits and such (4) Personal property of others: benefits are made generally available (a) Held by the insured for servicing, to those employees who satisfy the repair, storage or sale at plan's eligibility requirements; premises owned, occupied or (2) Profit sharing plans, employee rented to the insured. savings plans, employee stock (b) Caused by the ownership, ownership plans, pension plans and maintenance, use, loading or stock subscription plans, provided unloading of any auto, watercraft that no one other than an employee or transportation of property by may subscribe to such benefits and any means. such benefits are made generally available to all employees who are b. Exclusion 2j(5) is deleted. eligible under the plan for such 2. The insurance provided by this coverage is benefits; subject to the following provisions: (3) Unemployment insurance, social a. We will pay for property damage at security benefits, workers' your request even if you are not legally compensation and disability benefits; liable, if it is otherwise subject to this (4) Vacation plans, including buy and coverage. sell programs; leave of absence b. Property damage does not include loss programs, including military, of use if personal property of others is maternity, family, and civil leave; not physically injured. tuition assistance plans; c. Limits transportation and health club subsidies; and The most we will pay for an occurrence under this coverage is$2,500. (5) Any other similar benefits added thereto by endorsement. The most we will pay for the sum of all amounts paid under this coverage is an 8. For the purposes of the coverage provided, aggregate of$2,500. the following Definitions in the Definitions Section are replaced by the following: The General Aggregate Limit and Each Occurrence Limit under Section III - a. "Employee" means a person actively Limits of Insurance do not apply to the employed, formerly employed, on leave insurance provided under this of absence or disabled, or retired. coverage. Employee includes a leased worker. Employee does not include a temporary d. Settlement worker. If you make any repairs to damaged b. "Suit" means a civil proceeding in which property, at our request, we will pay the damages because of an act, error or larger of your actual cost or 75% of omission to which this coverage applies your usual charge for the necessary are alleged. Suit includes: labor and materials. Any property paid for or replaced by us may become our (1) An arbitration proceeding in which property at our option. Any payment such damages are claimed and to made under this coverage shall not be which the insured must submit or interpreted as an admission of liability does submit with our consent; or by the insured or the company. (2) Any other alternative dispute e. Deductible resolution proceeding in which such damages are claimed and to which Our obligation to pay for a covered loss applies only to the amount of loss in CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 8 excess of$200. 2. The Products-Completed Operations f. Other Insurance Aggregate Limit is increased to three times the Each Occurrence Limit. The insurance provided by this coverage is excess over any other 3. The Damage To Premises Rented To You insurance carried by the insured which Limit is increased to $250,000. applies to a loss covered by this 4. The Medical Expense Limit is increased to coverage. $10,000. N. Increased Limits of Insurance The Limits of Insurance shown here do not replace 1. The General Aggregate Limit is increased to and are not in addition to the Limits of Insurance three times the Each Occurrence Limit. shown in the Declarations. CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 8 of 8 POLICY NUMBER: ZP7117 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 03 13(4-84) We have the right to recover our payments from a written contract that requires you to obtain this anyone liable for an injury covered by this policy. We agreement from us. will not enforce our right against the person or This agreement shall not operate directly or indirectly organization named in the Schedule. This agreement to benefit any one not named in the Schedule. applies only to the extent that you perform work under SCHEDULE We will not enforce our right against any person or organization with whom you have a written contract or agreement which you are required to waive rights of recovery under this policy. We will not enforce our right against any other person or organization named in these contracts or agreements which you are also required to waive rights of recovery. Such a contract or agreement must have been executed prior to the occurrence causing injury or damage. An entity meeting these requirements does not have to be named in the Schedule for the waiver to apply. WC 00 03 13(4-84) Acuity,A Mutual Insurance Company Page 1 of 1 SURETY BOND NO. 7482442 PERFORMANCE,PAYMENT,AND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we, EBB FLOW CO. DBA USTDW as Principal (hereinafter the "Contractor" or "Principal" and Old Re ub as Surety are held and firrnly bound unto Qy of Waterloo , as Obligee(hereinafter referred to as"the Jurisdiction"),and to all persons who may be injured by any breach of any of the conditions of this Band in the penal sum of One Hundred Ninety Nine Thousand Nine Hundred Fifty and 00/100 dollars($ $199.950 ),lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns,jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction,bearing date the day of ,hereinafter the"Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: F.Y. 2025 PREFABRICATED SHELTER AT 512 UNI VERSITY A VE, CONTRACT NO. 1113 The City of Waterloo(Owner)is seeking bids from contractors who can supply and install a prefabricated concrete communication shelter that will securely house the network equipment,power systems,and supporting environmental components required to operate the Waterloo Fiber FTTU network for the Owner(the Project). The shelter will be located at 512 University Ave, Waterloo,IA 50701 (See Attachment D—Site Location). (CON'T—PERFORMANCE,PAYMENT,AND MAINTENANCE BOND) and to faithfully perfonn all the terms and requirements of said Contract within the time therein specified,in a good and workmanlike manner,and in accordance with the Contract Documents. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety,to-wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents,by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors,and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery,equipment, and tools,consumed or used by the Contractor or any subcontractor,wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the improvement,but the Contractor and Surety shall not be liable to said persons, firms,or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code,which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree,at their own expense: A. To remedy any and all defects that may develop in or result from all work except new paving to be performed under the Contract within the period of two year(s)from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work;and B. To remedy any and all defects that may develop in or result from !Igw Rgyin .work to be performed under the Contract within the period of two year(s)from the date of acceptance of the work under the Contract,by reason of defects in workmanship or materials used in construction of said work; C. To keep all work in continuous good repair;and D. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. E. Maintenance bond requirements shall not apply to the following: work that is not permanently incorporated into the project, pavement markings, seeding, sodding, and plant material and planting. (CON'T— PERFORMANCE,PAYMENT,AND MAINTENANCE BOND) 4. GENERAL: Every Surety on this Bond shall be deemed and held bound,any contract to the contrary notwithstanding,to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond,provided that all such changes do not,in the aggregate,involve an increase of more than 20%of the total contract price,and that this bond shall then be released as to such excess increase;and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed,whether completed within the specified contract period,within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less than five years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein,the phrase"all outlay and expense"is not to be limited in any way but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest,benefits,and overhead where applicable. Accordingly,"all outlay and expense"would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys' fees (including overhead expenses of the Jurisdiction's staff attorneys),and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled,and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond,the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense,provided that the Surety's obligation under this bond shall not exceed 125%of the penal sum of this bond. (CON'T—PERFORMANCE,PAYMENT AND MAINTENANCE BOND) In the event that any actions or proceedings are initiated regarding this Bond,the parties agree that the venue thereof shall be Black Hawk County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree,jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights,powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s)or not. NOW THEREFORE,the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal,as set forth and provided in the Contract,in the Contract Documents,and in this Bond,then this obligation shall be null and void,otherwise it shall remain in full force and effect. When a word,term,or phrase is used in this Bond,it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents,it shall be interpreted or construed as defined in applicable provisions of the Iowa Code;third,if not defined in the Iowa Code,it shall be interpreted or construed according to its generally accepted meaning in the construction industry;and fourth,if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Project No. 1113 (CON'T—PERFORMANCE,PAYMENT,AND MAINTENANCE BOND) PRINCIPAL: SURETY: EBB FLOW CO. DBA USTDW Old Republic Surety Company Contractor Surety Company c � By By aM Signature Signature Attomey-in-Fact Officer SEAL r Lukas Schroder Title Printed Name of Attomey-in-Fact Officer FORM APPROVED BY: TrueNorth Companies Company Name 500 1st Street SE Attorney for Jurisdiction Company Address Cedar Rapids, IA_52401 City,State,Zip Code (319) 364-5193 Company Telephone Number NOTE: 1. All signatures on this performance, payment, and maintenance bond must be original signatures in ink; copies,facsimile,or electronic signatures will not be accepted. 2. This bond must be sealed with the Surety's raised,embossing seal. 3. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised,embossing seal. 4. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the Certificate or Power of Attorney accompanying this bond. 4901-7335-7110-1124268-004 * QLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: ROBERT L.KOLLSMITH,TIMOTHY J.FOLEY,JASON D.SMITH,JAMES M.SMITH,LUKAS SCHRODER,LAURI A.MENEOUGH,DORA STEVENS,KURT E.FELLEF r�i ANN SAMUELSON,DEBORAH KLING,MASON STICKNEY,CHRISTINE RITCHIE of CEDAR RAPIDS,IA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds),as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18,1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings,recognizances,and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary, and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 10th day of June 2024 v 5URF".,,- OLD REPUBLIC SURETY COMPANY G, GORPo-Ar, G o' SEAL;,S_ _ lea,_ Y Assl an SecretaPresident i,*,•.Ilyl� STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS On this 10th day of June 2024 personally came before me, Alan Ppvlic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn,did severally depose and say:that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. Notary Public My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force- �L sum ry do .. •rp�rcru r� PD 40-5006 -r SEAL i-. Signed and sealed at the City of Brookfield,WI this day of 2025 a9 C ! _ lae ORSC 22262(3-06) Assis. .Il Secreta TRUENORTH COMPANIES, L.C.