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DR1101-CN140124 Am' Aon Risk Services Central, Inc. Illinois Division January 24, 2014 Overnight Mail Mr. Keith Marvin City of Coppell 255 East Parkway Blvd. Coppell,TX 75019 RE: Policy Delivery Job: Modifications to North Lake Dam and Spillway Owners&Contractors Protective Liability—Policy#99COP0015200 Carrier: Arch Insurance Company Policy Period: 1127/14 to 1/13/15 Archer Western Job#213172 Contractor: Archer Western Construction, LLC Dear Mr. Marvin: Enclosed is the City of Coppell's Owners and Contractors Protective Liability Policy for the 1/27/14 to 1/13/15 policy term. We have reviewed this policy and determined that it is consistent with the coverage bound. It is very important that you also carefully review this policy right away and let me know if you have any questions or concerns. Best regards, Pat Moran Aon Risk Services—Construction Services Group (312)381-4626 Direct (312)381-0276 Fax cc: Cynthia Franklin/Walsh Construction Company enclosure Aon Risk Services Central,Inc.—Illinois Division 200 East Randolph Street • 12`h Floor• Chicago,Illinois 60601 tel: 312.381.1000 • fax: 312.381.0289 Arch Insurance Group ARCH INSURANCE COMPANY A Missouri Corporation ADMINISTRATIVE OFFICE HOME OFFICE One Liberty Plaza 3100 Broadway, Suite 511 53rd Floor Kansas City, MO 64111 New York, NY 10006 Tel:800-817-3252 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY DECLARATIONS POLICY NO.: 99COP0015200 AGENT INFORMATION: ARCH INSURANCE COMPANY Aon Risk Services Central, Inc. - IL Division 200 E. Randolph Street, 12th Floor Chicago, IL 60601 NAMED INSURED: City of Coppell MAILING ADDRESS: 255 East Parkway Blvd., Coppell, TX 75019 POLICY PERIOD: FROM January 27, 2014 TO January 13, 2015 AT 12:01 A.M. TIME AT YOUR MAILING ADDRESS SHOWN ABOVE LOCATION OF COVERED OPERATIONS: Belt Line Road and Northlake Road, Coppell, TX 75019 DESIGNATED CONTRACTOR: Archer Western Construction LLC MAILING ADDRESS: 929 W. Adams, Chicago, IL 60607 Description of Operations: See Endorsement# 2 IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE EACH OCCURRENCE LIMIT $ 1,000,000 AGGREGATE LIMIT $ 1,000,000 DESCRIPTION OF BUSINESS FORM OF BUSINESS: ❑ INDIVIDUAL p PARTNERSHIP E JOINT VENTURE DLIMITED LIABILITY COMPANY Fl ORGANIZATION, INCLUDING A CORPORATION (BUT NOT IN- CLUDING A PARTNERSHIP, JOINT VENTURE OR LIMITED LIABILITY COMPANY) 5 GLD002 00 05 03 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 ID CLASSIFICATION AND PREMIUM CLASSIFICATION CODE PREMIUM RATE PER ADVANCE PREMIUM NO. BASE 1,000 OF COST OWNERS AND $ $ 3,202. CONTRACTORS TRIA Included PROTECTIVE STATE TAX OR OTHER(if applicable) $ TOTAL PREMIUM $ 3,202. PREMIUM SHOWN IS PAYABLE: AT INCEPTION $ AT EACH ANNIVERSARY $ (IF POLICY PERIOD IS MORE THAN ONE YEAR AND PRE- MIUM IS PAID IN ANNUAL INSTALLMENTS) AUDIT PERIOD(IF APPLICABLE) ANNUALLY ESEMI- QUAR u TERLY MOJIHLY ❑ ANNUALLY ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY: See Schedule of Forms and Endorsements THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S)AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. Countersigned: By: 4,1 "• (Date) (Authorized Representative) 5 GLD002 00 05 03 Copyright, Insurance Services Office, Inc., 1998 Page 2 of 2 0 SCHEDULE OF FORMS AND ENDORSEMENTS NAMED INSURED: City of Coppell TERM: 01/27/14 to 01/13/15 POLICY NUMBER: 99COP0015200 ENDT. NO. FORM NO. TITLE 5 GLD002 00 05 03 Owners and Contractors Protective Liability Declarations(Arch Insurance) 00 ML0012 00 01 03 Schedule of Forms and Endorsements 05 ML0042 44 06 04 Important Notice To All Texas Policyholders IL 00 21 07 02 Nuclear Energy Liability Exclusion 05 ML0014 00 03 03 Claims Handling Procedures CG 22 43 07 98 Exclusion-Engineers,Architects or Surveyors CG 00 63 12 02 War Liability Exclusion CG 31 31 12 04 Fungi or Bacteria Exclusion CG 29 51 01 96 Employment-Related Practices Exclusion IL 00 03 09 08 Calculation of Premium 00 ML0021 00 11 03 Unintentional Errors and Omissions 1 00 GL0045 00 12 03 Asbestos Exclusion CG 31 40 01 02 Pollution Exclusion 00 ML0020 00 11 03 Knowledge of Occurrence IL P 001 01 04 U.S.Treasury Department's Office of Foreign Assets Control("OFAC")Advisory Notice to Policyholders CG 31 07 02 00 Texas Changes-Conditions Requiring Notice IL 01 68 05 02 Texas Changes-Duties CG 28 55 03 93 Texas Changes-Cancellation and Non renewal CG 21 70 01 08 Limited Terrorism Exclusion(Other Than Certified Acts of Terrorism);Cap on Losses From Certified Acts of Terrorism 00 MLT0027 00 01 08 Terrorism Coverage Disclosure Notice CG 00 09 04 13 Owners and Contractors Protective Liability Coverage Form 05 ML0002 00 01 13 Signature Page 2 00 ML0020 00 11 03 Description of Operations Endorsement 3 00 GL0201 00 02 05 "Contractor" Definition Endorsement CG 28 04 10 93 Earlier Notice of Cancellation Provided by Us(90 days) 00 ML0012 00 01 03 Page 1 of 1 IMPORTANT NOTICE TO ALL TEXAS POUCYHOLDERS To obtain information or make a complaint: You may call Arch Insurance Company's toll-free telephone number for information or to make a complaint at: 1800-8173252 You may also write to Arch Insurance Company,One Liberty Plaza, 53rd Floor, New York, NY 10006. You may contact the Texas Department of Insurance to obtain information on companies,coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104;Austin,TX 78714-9104; FAX# (512)475-1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Arch Insurance Company first. If the dispute is not resolved,you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY:This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar at numero de telefono gratis de Arch Insurance Company's para informacion o para someter una queja al: 1.800.8173252 Usted tambien puede escribir a Arch Insurance Company, One Liberty Plaza,53rd Floor; New York, NY 10006. Puede comunicarse con el Departmento de Seguros de Texas para obtener informacion acerca de companias,coberturas,derechos o quejas al: 180012524439 Puede escribir at Departamento de Seguros de Texas;P.O. Box 149104;Austin,TX 787144104; FAX# (512)475=1771. DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con Arch Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con at departamento(TDI). UNA ESTE AVISO A SU POLIZA: Este aviso as solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 05 ML-0042 44 06 04 IL 00 21 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: B. Under any Medical Payments coverage, to A. Under any Liability Coverage, to "bodily injury" expenses incurred with respect to "bodily in or"property damage": jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- (1) With respect to which an "insured" under eration of a "nuclear facility" by any person or the policy is also an insured under a nu- organization. clear energy liability policy issued by Nu- clear Energy Liability Insurance Associa C. Under any Liability Coverage, to "bodily injury" tion, Mutual Atomic Energy Liability or "property damage" resulting from "hazard Underwriters, Nuclear Insurance Associa- ous properties"of"nuclear material", if: tion of Canada or any of their successors, (1) The"nuclear material" (a) is at any "nuclear or would be an insured under any such pol- facility" owned by, or operated by or on be- icy but for its termination upon exhaustion half of, an "insured" or (b) has been dis- of its limit of liability; or charged or dispersed therefrom; (2) Resulting from the "hazardous properties" (2) The "nuclear material" is contained in of "nuclear material" and with respect to "spent fuel" or "waste" at any time pos- which (a) any person or organization is re- sessed, handled, used, processed, stored, quired to maintain financial protection pur- transported or disposed of, by or on behalf suant to the Atomic Energy Act of 1954, or of an"insured"; or any law amendatory thereof, or (b) the "in- (3) The "bodily injury" or "property damage" sured" is, or had this policy not been issued arises out of the furnishing by an "insured" would be, entitled to indemnity from the of services, materials, parts or equipment in United States of America, or any agency connection with the planning, construction, thereof, under any agreement entered into by the United States of America, or any maintenance, operation or use of any "nu- clear facility", but if such facility is located agency thereof, with any person or organi- within the United States of America, its teak zation. tories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any property thereat. IL 00 21 07 02 ©ISO Properties, Inc., 2001 Page 1 of 2 C1 2. As used in this endorsement: (c) Any equipment or device used for the proc- "Hazardous properties" includes radioactive, toxic essing, fabricating or alloying of "special or explosive properties. nuclear material" if at any time the total "Nuclear material" means "source material", "S e- amount of such material in the custody of p the "insured" at the premises where such cial nuclear material"or"by-product material". equipment or device is located consists of "Source material", "special nuclear material", and or contains more than 25 grams of pluto- "by-product material" have the meanings given nium or uranium 233 or any combination them in the Atomic Energy Act of 1954 or in any thereof, or more than 250 grams of uranium law amendatory thereof. 235; "Spent fuel" means any fuel element or fuel corn- (d) Any structure, basin, excavation, premises ponent, solid or liquid, which has been used or or place prepared or used for the storage or exposed to radiation in a"nuclear reactor". disposal of"waste"; "Waste" means any waste material (a) containing and includes the site on which any of the forego- "by-product material" other than the tailings or ing is located, all operations conducted on such wastes produced by the extraction or concentra- site and all premises used for such operations. tion of uranium or thorium from any ore processed "Nuclear reactor" means any apparatus designed primarily for its "source material" content, and (b) or used to sustain nuclear fission in a self- resulting from the operation by any person or or- supporting chain reaction or to contain a critical ganization of any "nuclear facility" included under mass of fissionable material. the first two paragraphs of the definition of "nu- clear facility". "Property damage" includes all forms of radioac- tive contamination of property. "Nuclear facility"means: (a) Any"nuclear reactor"; (b) Any equipment or device designed or used for(1)separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or(3) handling, processing or packag- ing"waste"; Page 2 of 2 ©ISO Properties, Inc., 2001 IL 00 21 07 02 r Claims Handling Procedures An important value of your insurance coverage is the ability of the insurance company to respond when you have a claim. Arch Insurance Company is committed to providing its insureds with effective claim services. Notices of each incident, claim or suit must be sent immediately to: Arch Insurance Company [Construction Division] Claims 10909 Mill Valley Road, Suite 210 P.O. Box 542033 Omaha, NE 68154 Phone 877 688-ARCH (2724) FAX 866 266-3630 Email Claims @Archinsurance.com You will be contacted by a representative of the company's Claim Department. This representative will confirm receipt of the loss notice directly to you, provide a company claim number for all future correspondence, refer to legal counsel if necessary, and discuss further handling of the claim. 05 ML0014 00 03 03 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 22 43 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Professional services include: Exclusions of Section I - Coverage A - Bodily 1. The preparing, approving, or failing to prepare or Injury And Property Damage Liability and Para- approve, maps, shop drawings, opinions, reports, graph 2., Exclusions of Section I - Coverage B - surveys, field orders, change orders or drawings Personal And Advertising Injury Liability: and specifications; and This insurance does not apply to "bodily injury", 2. Supervisory, inspection, architectural or engi- "property damage" or "personal and advertising neering activities. injury" arising out of the rendering of or failure to render any professional services by you or any en- gineer, architect or surveyor who is either employed by you or performing work on your behalf in such capacity. CG 22 43 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 00 6312 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The War Exclusion under Paragraph 2., Exclusions of Section I - Bodily Injury And Property Damage Liability is replaced by the following: 2. Exclusions This insurance does not apply to: WAR "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: a. War, including undeclared or civil war; or b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. CG 00 6312 02 ©ISO Properties, Inc., 2002 Page 1 of 1 D COMMERCIAL GENERAL LIABILITY CG 31 31 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. b. Any loss, cost or expenses arising out of Exclusions of Section I - Coverages - Bodily the abating, testing for, monitoring, cleaning Injury And Property Damage Liability: up, removing, containing, treating, detoxify- 2. Exclusions ing, neutralizing, remediating or disposing of, or in any way responding to, or assess- This insurance does not apply to: ing the effects of, "fungi" or bacteria, by any Fungi Or Bacteria insured or by any other person or entity. a. "Bodily injury" or "property damage" which This exclusion does not apply to any "fungi" or would not have occurred, in whole or in bacteria that are, are on, or are contained in, a part, but for the actual, alleged or threat- good or product intended for bodily consumption. ened inhalation of, ingestion of, contact B. The following definition is added to the Definitions with, exposure to, existence of, or presence Section: of, any "fungi" or bacteria on or within a building or structure, including its contents, "Fungi" means any type or form of fungus, includ- ing mold or mildew and any mycotoxins, spores, regardless of whether any other cause, event, material or product contributed con- scents or byproducts produced or released by currently or in any sequence to such injury fungi. or damage. • CG 31 31 12 04 ©ISO Properties, Inc., 2003 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 29 51 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART The following exclusion is added to paragraph 2., (2)The spouse, child, parent, brother or sister of that Exclusions of COVERAGES— BODILY INJURY AND person as a consequence of"bodily injury" to that PROPERTY DAMAGE LIABILITY (Section I - Cover- person at whom any of the employment-related ages): practices described in paragraphs (a), (b) or (c) This insurance does not apply to: above is directed. "Bodily injury"to: This exclusion applies: (1)A person arising out of any: (1)Whether the insured may be liable as an employer (a) Refusal to employ that person; or in any other capacity; and (2)To any obligation to share damages with or repay (b) Termination of that person's employment; or someone else who must pay damages because of (c) Employment-related practices, policies, acts or the injury. omissions, such as coercion, demotion, evaluation, reassignment, discipline, defama- tion, harassment, humiliation or discrimination directed at that person; or CG 29 51 01 96 Copyright,Insurance Services Office, Inc., 1994 Page 1 of 1 D IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY)COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added: The premium shown in the Declarations was com- puted based on rates in effect at the time the policy was issued. On each renewal, continuation, or anni- versary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 ©ISO Properties, Inc.,2007 Page 1 of 1 I7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINTENTIONAL ERRORS AND OMISSIONS ENDORSEMENT It is hereby agreed that your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice you with respect to the coverage afforded by this policy provided such failure or omission is not intentional or grossly negligent. All other terms and conditions of this Policy remain unchanged. Policy Number: 99COP0015200 Named Insured:City of COppell This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date:January 27, 2014 /Z.; Authorized Representative 00 ML0021 00 11 03 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ASBESTOS EXCLUSION This policy does not apply to: Any claim, "suit," demand or loss that alleges "bodily injury," "property damage," or "personal and advertising injury," (induding but not limited to, compliance with any request, demand, order, or statutory or regulatory requirement or any other action authorized or required by law) including any costs, fees, expenses, penalties, judgments, fines, or sanctions arising there from, which arises out of, or would not have occurred, in whole or in part, but for the"asbestos hazard." As used in this exclusion,"asbestos hazard"means: (1) actual, alleged or threatened exposure to asbestos in any manner or form whatsoever,either directly or indirectly,or (2) the failure to warn,advise or instruct related to asbestos in any manner or form whatsoever, or (3) the failure to prevent exposure to asbestos in any manner or form whatsoever,or (4) the presence of asbestos in any place whatsoever,whether or not within a building or structure. All other terms and conditions of this Policy remain unchanged. Endorsement Number: 1 This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number:99COP0015200 Named Insured: City of Coppell Endorsement Effective Date: January 27, 2014 00 GL0045'00 12 03 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 31 40 01 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Paragraph j. under Paragraph 2. Exclusions is (i) "Bodily injury" or "property damage" replaced by the following: arising out of the escape of fuels, lu- bricants or other operating fluids which are needed to perform the (1) "Bodily injury" or"property damage" arising normal electrical, hydraulic or me- out of the actual, alleged or threatened dis- chanical functions necessary for the charge, dispersal, seepage, migration, re- operation of "mobile equipment" or lease or escape of"pollutants": its parts, if such fuels, lubricants or (a) At or from any premises, site or location other operating fluids escape from a which is or was at any time owned or vehicle part designed to hold, store occupied by, or rented or loaned to, any or receive them. This exception does insured. However, this subparagraph not apply if the "bodily injury" or does not apply to: "property damage" arises out of the (i) "Bodily injury" if sustained within a intentional discharge, dispersal or re- building and caused by smoke, lease of the fuels, lubricants or other fumes, vapor or soot from equipment operating fluids, or if such fuels, lu- used to heat that building; bricants or other operating fluids are brought on or to the premises, site or (ii) "Bodily injury" or "property damage" location with the intent that they be arising out of heat, smoke or fumes discharged, dispersed or released as from a"hostile fire"; part of the operations being per- (b) At or from any premises, site or location formed by such insured, contractor which is or was at any time used by or or subcontractor; for any insured or others for the han- (ii) "Bodily injury" or "property damage" dling, storage, disposal, processing or sustained within a building and treatment of waste; caused by the release of gases, (c) Which are or were at any time trans- fumes or vapors from materials ported, handled, stored, treated, dis- brought into that building in connec- posed of, or processed as waste by or tion with operations being performed for: by or on behalf of any insured; or (i) Any insured; or (iii) "Bodily injury" or "property damage" (ii) Any person or organization for whom arising out of heat, smoke or fumes from a"hostile fire". you may be legally responsible;or (d) At or from any premises, site or location (e) At or from any premises, site or location on which any insured or any contractors on which any insured or any contractors in- or subcontractors working directly or in- or subcontractors working directly or in- on any insured's behalf are per- forming on any insured's behalf operations are per- directly e forming operations if the "pollutants" are for esg or, monitor,if the operations are brought on or to the premises, site or lo- to test for,treat, detoxify clean up, remove, cation in connection with such opera- contain, treat, detoxify or neutralize, or ef- tions by such insured, contractor or sub- in any way respond to, or assess the of y fects of"pollutants". contractor. However, this subparagraph does not apply to: CG 31 40 01 02 ©ISO Properties, Inc., 2001 Page 1 of 2 0 (2) Any loss, cost or expense arising out of B. The following are added to the Definitions Sec- any: tion: (a) Request, demand, order or statutory or 1. "Hostile fire" means one which becomes un- regulatory requirement that any insured controllable or breaks out from where it was in- or others test for, monitor, clean up, re- tended to be. move, contain, treat, detoxify or neutral- 2. "Pollutants" mean any solid, liquid, gaseous or ize, or in any way respond to, or assess thermal irritant or contaminant, including the effects of"pollutants"; or smoke, vapor, soot, fumes, acids, alkalis, (b) Claim or suit by or on behalf of a gov- chemicals and waste. Waste includes materi- emmental authority for damages be- als to be recycled, reconditioned or reclaimed. cause of testing for, monitoring, cleaning up, removing, containing, treating, de- toxifying or neutralizing, or in any way responding to, or assessing the effects of"pollutants". However, this paragraph does not apply to liability for damages because of "property damage"that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a govern- mental authority. Page 2 of 2 ©ISO Properties, Inc., 2001 CG 31 40 01 02 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWLEDGE OF OCCURRENCE ENDORSEMENT As respects any loss reporting requirements under this policy, it is understood and agreed that knowledge of any accident or incident by an agent, servant or employee of yours or any other person shall not in itself constitute knowledge by you, unless a corporate officer of yours, principal, partner, owner, or the person or persons responsible for insurance matters listed below shall have received notice from said agent, servant, employee or any other person. Name: All other terms and conditions of this Policy remain unchanged. Policy Number: 99COP0015200 Named Insured: City of Coppell This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date:January 27, 2014 s _,,,,,l/A.4(Z,, Authorized Representative 00 ML0020 00 11 03 Page 1 of 1 IL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy.You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of"national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treas- ury's web site—http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC.When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 ©ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 31 07 02 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - CONDITIONS REQUIRING NOTICE This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART With regard to liability for Bodily Injury and Property Damage, unless we are prejudiced by the insured's or your failure to comply with the requirement, no provision of this Coverage Part requiring you or any insured to give notice of "occurrence", claim or "suit", or forward demands, notices, summonses or legal papers in connection with a claim or "suit" will bar coverage under this Coverage Part. CG 31 07 02 00 Copyright, Insurance Services Office,Inc., 1999 Page 1 of 1 a IL 01 68 05 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - DUTIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added to the Duties Condition. 2. Any settlement of a claim made or "suit" We will notify the first Named Insured in writing of: brought against the insured under this cover age. The notice will be given not later than the 1. An initial offer to compromise or settle a claim 30th day after the date of the settlement. made or"suit" brought against any insured un- der this coverage. The notice will be given not later than the 10th day after the date on which the offer is made. IL 01 68 05 02 ©ISO Properties, Inc., 2001 Page 1 of 1 D COMMERCIAL GENERAL LIABILITY CG 28 55 03 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Paragraph b. of the Cancellation Condition is B. The following Condition is added and supersedes replaced by the following: any provision to the contrary: b. We may cancel this policy by mailing or NONRENEWAL delivering to the first Named Insured and 1. We may elect not to renew this policy except, the "contractor" written notice of cancella- that under the provisions of the Texas Insur- tion, stating the reason for cancellation, at ance Code, we may not refuse to renew this least 10 days before the effective date of policy solely because the policyholder is an cancellation. elected official. (1) If this policy has been in effect for 60 2. If we elect not to renew this policy, we may do days or less, we may cancel for any rea- so by mailing or delivering to the first Named son except, that under the provisions of Insured and the "contractor", at the last mailing the Texas Insurance Code, we may not address known to us, written notice of nonre- cancel this policy solely because the newal, stating the reason for nonrenewal, at policyholder is an elected official. least 60 days before the expiration date. If no- (2) If this policy has been in effect for more tice is mailed or delivered less than 60 days than 60 days or if it is a renewal or con- before the expiration date, this policy will re- tinuation of a policy issued by us, we main in effect until the 61st day after the date may cancel only for one or more of the on which the notice is mailed or delivered. following reasons: Earned premium for any period of coverage (a) Fraud in obtaining coverage; that extends beyond the expiration date will be computed pro rata based on the previous (b) Failure to pay premiums when due; year's premium. (c) An increase in hazard within the 3. If notice is mailed, proof of mailing will be suffi- control of the insured which would cient proof of notice. produce an increase in rate; 4. The transfer of a policyholder between admit- (d) Loss of our reinsurance covering all ted companies within the same insurance or part of the risk covered by the pol- group is not considered a refusal to renew. icy; or (e) If we have been placed in supervi- sion, conservatorship or re — ceiver- ship and the cancellation is approved or directed by the supervisor, con- servator or receiver. CG 28 55 03 93 Copyright, Insurance Services Office, Inc., 1993 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG 21 70 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to terrorist "Certified act of terrorism" means an act that is certi- acts certified under the federal Terrorism Risk Insur- fled by the Secretary of the Treasury, in concurrence ance Act exceed $100 billion in a Program Year(Jan- with the Secretary of State and the Attorney General uary 1 through December 31) and we have met our of the United States, to be an act of terrorism pursu- insurer deductible under the Terrorism Risk Insurance ant to the federal Terrorism Risk Insurance Act. The Act, we shall not be liable for the payment of any criteria contained in the Terrorism Risk Insurance Act portion of the amount of such losses that exceeds for a"certified act of terrorism" include the following: $100 billion, and in such case insured losses up to 1. The act resulted in insured losses in excess of$5 that amount are subject to pro rata allocation in ac- million in the aggregate, attributable to all types of cordance with procedures established by the Secre- insurance subject to the Terrorism Risk Insurance tary of the Treasury. Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 21 70 01 08 ©ISO Properties, Inc.,2007 Page 1 of 1 0 TERRORISM COVERAGE DISCLOSURE NOTICE TERRORISM COVERAGE PROVIDED UNDER THIS POLICY The Terrorism Risk Insurance Act of 2002 and amendments thereto (collectively referred to as the "Act") established a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. An act of terrorism is defined as any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission;and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. In accordance with the Act we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the federal program as an act of terrorism. The policy's other provisions will still apply to such an act. Your decision is needed on this question: do you choose to pay the premium for terrorism coverage stated in this offer of coverage, or do you reject the offer of coverage and not pay the premium?You may accept or reject this offer. If your policy provides commercial property coverage, in certain states, statutes or regulations may require coverage for fire following an act of terrorism. In those states, if terrorism results in fire, we will pay for the loss or damage caused by that fire, subject to all applicable policy provisions including the Limit of Insurance on the affected property. Such coverage for fire applies only to direct loss or damage by fire to Covered Property. Therefore, for example, the coverage does not apply to insurance provided under Business Income and/or Extra Expense coverage forms or endorsements that apply to those coverage forms, or to Legal Liability coverage forms or Leasehold Interest coverage forms. Your premium will include the additional premium for terrorism as stated in the section of this Notice titled DISCLOSURE OF PREMIUM. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government, Department of the Treasury,will pay a share of terrorism losses insured under the federal program. The federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer deductible during Program Year 2008 and each Program Year thereafter through 2014. DISCLOSURE OF CAP ON ANNUAL LIABILITY If the aggregate insured terrorism losses of all insurers exceed $100,000,000,000 during any Program Year provided in the Act, the Secretary of the Treasury shall not make any payments for any portion of the amount of such losses that exceed $100,000,000,000, and if we have met our insurer deductible,we shall not be liable for the payment of any portion of such losses that exceeds$100,000,000,000. DISCLOSURE OF PREMIUM Your premium for terrorism coverage is: Included (This charge/amount is applied to obtain the final premium.) You may choose to reject the offer by signing the statement below and returning it to us. Your policy will be changed to exclude the described coverage. If you chose to accept this offer, this form does not have to be returned. REJECTION STATEMENT I hereby decline to purchase coverage for certified acts of terrorism. I understand that an exclusion of certain terrorism losses will be made part of this policy. City of Coppell Policyholder/Legal Representative/Applicant's Named Insured Signature Arch Insurance Company Print Name of Policyholder/Legal Insurance Company Representative/Applicant Date: Policy Number: 99COP0015200 00 MLT0027 00 01 08 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 00 09 04 13 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM - COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. b. This insurance applies to "bodily injury" and Read the entire policy carefully to determine rights, "property damage"only if: duties and what is and is not covered. (1) The "bodily injury" or "property damage" is Throughout this policy the words "you" and "your" caused by an "occurrence" and arises out refer to the Named Insured shown in the Declarations. of: The words "we", "us" and "our" refer to the company (a) Operations performed for you by the providing this insurance. "contractor" at the location specified in The word"insured" means any person or organization the Declarations;or qualifying as such under Section II — Who Is An (b) Your acts or omissions in connection Insured. with the general supervision of such Other words and phrases that appear in quotation operations; marks have special meaning. Refer to Section V — (2) The "bodily injury" or "property damage" Definitions. occurs during the policy period; and SECTION 1—COVERAGES (3) Prior to the policy period, no insured listed BODILY INJURY AND PROPERTY DAMAGE under Paragraph 1. of Section 11 —Who Is LIABILITY An Insured and no "employee" authorized 1. Insuring Agreement by you to give or receive notice of an a. We will pay those sums that the insured "occurrence"or claim, knew that the"bodily P Y injury" or "property damage" had occurred, becomes legally obligated to pay as damages in whole or in part. If such a listed insured because of"bodily injury"or"property damage" or authorized "employee" knew, prior to the to which this insurance applies. We will have policy period, that the "bodily injury" or the right and duty to defend the insured against "property damage" occurred, then any any "suit" seeking those damages. However, continuation, change or resumption of such we will have no duty to defend the insured "bodily injury" or "property damage" during against any"suit" seeking damages for"bodily or after the policy period will be deemed to injury" or "property damage" to which this have been known prior to the policy period. insurance does not apply. We may, at our discretion, investigate any "occurrence" and c. "Bodily injury" or "property damage" which settle any claim or"suit"that may result.But: occurs during the policy period and was not, prior to the policy period, known to have (1) The amount we will pay for damages is occurred by any insured listed under limited as described in Section III — Limits Paragraph 1. of Section II—Who Is An Insured Of Insurance;and or any"employee"authorized by you to give or (2) Our right and duty to defend ends when we receive notice of an "occurrence" or claim, have used up the applicable limit of includes any continuation, change or insurance in the payment of judgments or resumption of that "bodily injury" or "property settlements. damage"after the end of the policy period. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. CG 00 09 0413 ©Insurance Services Office,Inc.,2012 Page 1 of 9 d. "Bodily injury" or "property damage" will be (b) Such attorneys' fees and litigation deemed to have been known to have occurred expenses are for defense of that party at the earliest time when any insured listed against a civil or alternative dispute under Paragraph 1. of Section II —Who Is An resolution proceeding in which damages Insured or any"employee"authorized by you to to which this insurance applies are give or receive notice of an "occurrence" or alleged. claim: c. Work Completed Or Put To Intended Use (1) Reports all,or any part,of the"bodily injury" "Bodily injury" or "property damage" which or "property damage" to us or any other occurs after the earlier of the following times: insurer; (2) Receives a written or verbal demand or (1) When all "work" on the project (other than ( ) service, maintenance or repairs) to be claim for damages because of the "bodily performed for you by the"contractor" at the injury"or"property damage";or site of the covered operations has been (3) Becomes aware by any other means that completed; or "bodily injury" or "property damage" has (2) When that portion of the "contractor's" occurred or has begun to occur. "work", out of which the injury or damage e. Damages because of "bodily injury" include arises, has been put to its intended use by damages claimed by any person or any person or organization, other than organization for care, loss of services or death another contractor or subcontractor working resulting at any time from the"bodily injury". directly or indirectly for the "contractor" or 2. Exclusions as part of the same project. This insurance does not apply to: d. Acts Or Omissions By You And Your Employees a. Expected Or Intended Injury "Bodily injury"or"property damage"arising out "Bodily injury" or "property damage" expected of your, or your"employees", acts or omissions or intended from the standpoint of the insured. other than general supervision of "work" This exclusion does not apply to"bodily injury" performed for you by the"contractor". resulting from the use of reasonable force to protect persons or property. e. Workers'Compensation And Similar Laws b. Contractual Liability Any obligation of the insured under a workers' compensation, disability benefits or "Bodily injury" or "property damage" for which unemployment compensation law or any the insured is obligated to pay damages by similar law. reason of the assumption of liability in a contract or agreement.This exclusion does not f. Employer's Liability apply to liability for damages: "Bodily injury"to: (1) That the insured would have in the absence (1) An "employee" of the insured arising out of of the contract or agreement;or and in the course of: (2) Assumed in a contract or agreement that is (a) Employment by the insured;or an "insured contract", provided the "bodily (b) Performing duties related to the conduct injury" or "property damage" occurs of the insured's business;or subsequent to the execution of the contract or agreement. Solely for the purposes of (2) The spouse, child, parent, brother or sister liability assumed in an "insured contract", of that "employee" as a consequence of reasonable attorneys' fees and necessary Paragraph(1)above. litigation expenses incurred by or for a party This exclusion applies whether the insured other than an insured are deemed to be may be liable as an employer or in any other damages because of "bodily injury" or capacity and to any obligation to share "property damage", provided: damages with or repay someone else who (a) Liability to such party for, or for the cost must pay damages because of the injury. of, that party's defense has also been This exclusion does not apply to liability assumed in the same"insured contract"; assumed by the insured under an "insured and contract". Page 2 of 9 ©Insurance Services Office, Inc.,2012 CG 00 09 0413 g. Damage To Property (ii) "Bodily injury" or "property damage" "Property damage"to: arising out of heat, smoke or fumes from a"hostile fire"; (1) Property you own, rent,or occupy, including any costs or expenses incurred by you, or (b) At or from any premises, site or location any other person, organization or entity, for which is or was at any time used by or repair, replacement, enhancement, for any insured or others for the restoration or maintenance of such property handling, storage, disposal, processing for any reason, including prevention of or treatment of waste; injury to a person or damage to another's (c) Which are or were at any time property; transported, handled, stored, treated, (2) Property loaned to you; disposed of, or processed as waste by or for: (3) Personal property in the care, custody or control of the insured;or (i) Any insured;or (4) 'Work" performed for you by the (ii) Any person or organization for whom "contractor". you may be legally responsible;or h. War (d) At or from any premises, site or location on which any insured or any contractors "Bodily injury" or "property damage", however or subcontractors working directly or caused,arising,directly or indirectly,out of: indirectly on any insured's behalf are (1) War,including undeclared or civil war; performing operations if the "pollutants" (2) Warlike action by a military force, including are brought on or to the premises, site action in hindering or defending against an or location in connection with such operations by such insured, contractor actual or expected attack, by any or subcontractor. However, this government, sovereign or other authority using military personnel or other agents; or subparagraph does not apply to: (3) Insurrection, rebellion, revolution, usurped (i) "Bodily injury" or "property damage" power, or action taken by governmental arising out of the escape of fuels, authority in hindering or defending against lubricants or other operating fluids any of these. which are needed to perform the normal electrical, hydraulic or i. Mobile Equipment mechanical functions necessary for "Bodily injury"or"property damage"arising out the operation of "mobile equipment" of the use of"mobile equipment" in, or while in or its parts, if such fuels, lubricants practice for, or while being prepared for, any or other operating fluids escape from prearranged racing, speed, demolition, or a vehicle part designed to hold, store stunting activity. or receive them. This exception does Pollution not apply if the "bodily injury" or j. "property damage" arises out of the (1) "Bodily injury"or"property damage"arising intentional discharge, dispersal or out of the actual, alleged or threatened release of the fuels, lubricants or discharge, dispersal, seepage, migration, other operating fluids, or if such release or escape of"pollutants": fuels, lubricants or other operating (a) At or from any premises, site or location fluids are brought on or to the which is or was at any time owned or premises, site or location with the occupied by, or rented or loaned to, any intent that they be discharged, insured. However, this subparagraph dispersed or released as part of the does not apply to: operations being performed by such insured,contractor or subcontractor; (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building,or equipment that is used to heat water for personal use, by the building's occupants or their guests; CG 00 09 0413 ©Insurance Services Office,Inc.,2012 Page 3 of 9 (ii) "Bodily injury" or 'property damage" This exclusion does not apply to the loss of use sustained within a building and of other property arising out of sudden and caused by the release of gases, accidental physical injury to "work" performed fumes or vapors from materials for you by the"contractor". brought into that building in I. Electronic Data connection with operations being performed by or on behalf of any Damages arising out of the loss of, loss of use insured;or of,damage to,corruption of, inability to access, (iii) "Bodily injury" or "property dama e" or inability to manipulate electronic data. ( ) y ry" , g However, this exclusion does not apply to arising out of heat, smoke or fumes from a"hostile fire". liability for damages because of"bodily injury". (e) At or from any premises, site or location As used in this exclusion, electronic data on which any insured or any contractors means information,facts or programs stored as or subcontractors working directly or or on, created or used on, or transmitted to or indirectly on any insured's behalf are from computer software, including systems and performing operations if the operations applications software, hard or floppy disks, CD- are to test for, monitor, clean up, ROMs, tapes, drives, cells, data processing remove, contain, treat, detoxify or devices or any other media which are used neutralize, or in any way respond to, or with electronically controlled equipment. assess the effects of"pollutants". SUPPLEMENTARY PAYMENTS (2) Any loss, cost or expense arising out of 1. We will pay, with respect to any claim we any: investigate or settle, or any "suit" against an (a) Request, demand, order or statutory or insured we defend: regulatory requirement that any insured a. All expenses we incur. or others test for, monitor, clean up, b. Up to $250 for cost of bail bonds required remove, contain, treat, detoxify or because of accidents or traffic law violations neutralize, or in any way respond to, or arising out of the use of any vehicle to which assess the effects of"pollutants";or this insurance applies. We do not have to (b) Claim or suit by or on behalf of a furnish these bonds. governmental authority for damages c. The cost of bonds to release attachments, but because of testing for, monitoring, only for bond amounts within the applicable cleaning up, removing, containing, limit of insurance. We do not have to furnish treating, detoxifying or neutralizing,or in these bonds. any way responding to, or assessing the effects of"pollutants". d. All reasonable expenses incurred by the However, insured at our request to assist us in the owever, this paragraph does not apply to liability for damages because of "property investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a damage"that the insured would have in the absence of such request, demand, order or day because of time off from work. statutory or regulatory requirement, or such e. All court costs taxed against the insured in the claim or "suit" by or on behalf of a "suit". However,these payments do not include governmental authority. attorneys' fees or attorneys' expenses taxed k. Damage To Impaired Property Or Property against the insured. Not Physically Injured f. Prejudgment interest awarded against the "Property damage" to "impaired property" or insured on that part of the judgment we pay. If property that has not been physically injured, we make an offer to pay the applicable limit of arising out of: insurance, we will not pay any prejudgment interest based on that period of time after the (1) A defect, deficiency, inadequacy or offer. dangerous condition in"work"performed for g. All interest on the full amount of any judgment you by the"contractor";or that accrues after entry of the judgment and (2) A delay or failure by you or anyone acting before we have paid, offered to pay, or on your behalf to perform a contract or deposited in court the part of the judgment that agreement in accordance with its terms. is within the applicable limit of insurance. Page 4 of 9 ©Insurance Services Office, Inc.,2012 CG 00 09 0413 h. Expenses incurred by the insured for first aid So long as the above conditions are met, administered to others at the time of an attorneys' fees incurred by us in the defense of accident for "bodily injury" to which this that indemnitee, necessary litigation expenses insurance applies. incurred by us and necessary litigation expenses These payments will not reduce the limits of incurred by the indemnitee at our request will be insurance. paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2. If we defend an insured against a "suit" and an 2.b.(2) of Section I — Coverages — Bodily Injury indemnitee of the insured is also named as a party And Property Damage Liability, such payments will to the"suit",we will defend that indemnitee if all of not be deemed to be damages for "bodily injury" the following conditions are met: and "property damage" and will not reduce the a. The "suit" against the indemnitee seeks limits of insurance. damages for which the insured has assumed Our obligation to defend an insured's indemnitee the liability of the indemnitee in a contract or and to pay for attorneys' fees and necessary agreement that is an"insured contract"; litigation expenses as Supplementary Payments b. This insurance applies to such liability ends when we have used up the applicable limit of assumed by the insured; insurance in the payment of judgments or c. The obligation to defend, or the cost of the settlements or the conditions set forth above, or defense of, that indemnitee, has also been the terms of the agreement described in assumed by the insured in the same "insured Paragraph f.above,are no longer met. contract"; SECTION II—WHO IS AN INSURED d. The allegations in the"suit"and the information 1. If you are designated in the Declarations as: we know about the "occurrence" are such that a. An individual, you and your spouse are no conflict appears to exist between the insureds. interests of the insured and the interests of the indemnitee; b. A partnership or joint venture, you are an insured. Your members, your partners, and e. The indemnitee and the insured ask us to their spouses are also insureds, but only with conduct and control the defense of that respect to their duties as partners or members indemnitee against such "suit" and agree that of a joint venture. we can assign the same counsel to defend the insured and the indemnitee;and c. A limited liability company, you are an insured. Your members are also insureds, but only with f. The indemnitee: respect to their duties as members of a limited (1) Agrees in writing to: liability company. Your managers are insureds, (a) Cooperate with us in the investigation, but only with respect to their duties as your settlement or defense of the"suit"; managers. (b) Immediately send us copies of any d. An organization other than a partnership, joint demands, notices, summonses or legal venture or limited liability company, you are an papers received in connection with the insured. Your"executive officers"and directors "suit"; are insureds, but only with respect to their duties as your officers or directors. Your (c) Notify any other insurer whose coverage stockholders are also insureds, but only with is available to the indemnitee;and respect to their liability as stockholders. (d) Cooperate with us with respect to 2. Each of the following is also an insured: coordinating other applicable insurance a. Any person (other than your "employee") or available to the indemnitee;and any organization while acting as your real (2) Provides us with written authorization to: estate manager. (a) Obtain records and other information related to the"suit";and (b) Conduct and control the defense of the indemnitee in such"suit". CG 00 09 0413 ©Insurance Services Office, Inc.,2012 Page 5 of 9 b. Any person or organization having proper 2. Cancellation temporary custody of your property if you die, a. The first Named Insured shown in the but only: Declarations may cancel this policy by mailing (1) With respect to liability arising out of the or delivering to us advance written notice of maintenance or use of that property; and cancellation. (2) Until your legal representative has been b. We may cancel this policy by mailing or appointed. delivering to the first Named Insured and the c. Your legal representative if you die, but only "contractor" written notice of cancellation at with respect to duties as such. That least: representative will have all your rights and (1) 10 days before the effective date of duties under this Coverage Part. cancellation if we cancel for nonpayment of No person or organization is an insured with respect premium;or to the conduct of any current or past partnership,joint (2) 30 days before the effective date of venture or limited liability company that is not shown cancellation if we cancel for any other as a Named Insured in the Declarations. reason. SECTION III—LIMITS OF INSURANCE c. We will mail or deliver our notices to the first 1. The Limits of Insurance shown in the Declarations Named Insured's and the "contractor's" last and the rules below fix the most we will pay mailing address known to us. regardless of the number of: d. Notice of cancellation will state the effective a. Insureds; date of cancellation. The policy period will end on that date. b. Claims made or"suits"brought;or e. If this policy is cancelled, we will send the c. Persons or organizations making claims or "contractor" any premium refund due. If we bringing"suits". cancel, the refund will be pro rata. If the first 2. The Aggregate Limit is the most we will pay for the Named Insured cancels, the refund may be sum of damages because of all "bodily injury"and less than pro rata. The cancellation will be "property damage". effective even if we have not made or offered a 3. Subject to Paragraph 2. above, the Each refund. Occurrence Limit is the most we will pay for the f. If notice is mailed, proof of mailing will be sum of damages because of all "bodily injury"and sufficient proof of notice. "property damage" arising out of any one 3. Changes "occurrence". If you designate more than one project in the This policy contains all the agreements between Y 9 P 1 you, the "contractor" and us concerning the Declarations, the Aggregate Limit shall apply insurance afforded. The first Named Insured separately to each project. shown in the Declarations and the"contractor"are The Limits of Insurance of this Coverage Part apply authorized to make changes in the terms of this separately to each consecutive annual period and to policy with our consent. This policy's terms can be any remaining period of less than 12 months, starting amended or waived only by endorsement issued with the beginning of the policy period shown in the by us and made a part of this policy. Declarations, unless the policy period is extended 4. Duties In The Event Of Occurrence, Claim Or after issuance for an additional period of less than 12 Suit months. In that case, the additional period will be a. You must see to it that we are notified as soon deemed part of the last preceding period for purposes of determining the Limits of Insurance. as practicable of an "occurrence" which may SECTION IV—CONDITIONS result in a claim. To the extent possible, notice should include: 1. Bankruptcy (1) How, when and where the "occurrence" Bankruptcy or insolvency of the insured or of the took place; insured's estate will not relieve us of our (2) The names and addresses of any injured obligations under this Coverage Part. persons and witnesses;and Page 6 of 9 ©Insurance Services Office, Inc.,2012 CG 00 09 0413 (3) The nature and location of any injury or (2) Comply with laws, regulations, codes or damage arising out of the"occurrence". standards. b. If a claim is made or "suit" is brought against c. Paragraphs a.and b.of this condition apply not any insured,you must: only to us, but also to any rating, advisory, rate (1) Immediately record the specifics of the service or similar organization which makes claim or"suit"and the date received;and insurance inspections, surveys, reports or recommendations. (2) Notify us as soon as practicable. d. Paragraph b.of this condition does not apply to You must see to it that we receive written any inspections, surveys, reports or notice of the claim or "suit" as soon as recommendations we may make relative to practicable. certification, under state or municipal statutes, c. You and any other involved insured must: ordinances or regulations, of boilers, pressure (1) Immediately send us copies of any vessels or elevators. demands, notices, summonses or legal 7. Legal Action Against Us papers received in connection with the No person or organization has a right under this claim or"suit"; Coverage Part: (2) Authorize us to obtain records and other a. To join us as a party or otherwise bring us into information; a"suit"asking for damages from an insured; or (3) Cooperate with us in the investigation or b. To sue us on this Coverage Part unless all of settlement of the claim or defense against its terms have been fully complied with. the"suit"; and A person or organization may sue us to recover on (4) Assist us, upon our request, in the an agreed settlement or on a final judgment enforcement of any right against any against an insured; but we will not be liable for person or organization which may be liable damages that are not payable under the terms of to the insured because of injury or damage this Coverage Part or that are in excess of the to which this insurance may also apply. applicable limit of insurance.An agreed settlement d. No insured will, except at that insured's own means a settlement and release of liability signed cost, voluntarily make a payment, assume any by us, the insured and the claimant or the obligation, or incur any expense, other than for claimant's legal representative. first aid,without our consent. 8. Other Insurance 5. Examination Of Your Books And Records The insurance afforded by this Coverage Part is We may examine and audit your books and primary insurance and we will not seek records as well as the "contractor's" books and contribution from any other insurance available to records as they relate to this policy at any time you unless the other insurance is provided by a during the policy period and up to three years contractor other than the designated "contractor" afterward. for the same operation and job location designated 6. Inspections And Surveys in the Declarations. Then we will share with that other insurance by the method described below. a. We have the right to: If all of the other insurance permits contribution by (1) Make inspections and surveys at any time; equal shares, we will follow this method also. (2) Give you reports on the conditions we find; Under this approach, each insurer contributes and equal amounts until it has paid its applicable limit (3) Recommend changes. of insurance or none of the loss remains, whichever comes first. b. We are not obligated to make any inspections, If any of the other insurance does not permit surveys, reports or recommendations and any contribution by equal shares, we will contribute by such actions we do undertake relate only to limits. Under this method, each insurer's share is insurability and the premiums to be charged. based on the ratio of its applicable limit of We do not make safety inspections.We do not insurance to the total applicable limits of insurance undertake to perform the duty of any person or of all insurers. organization to provide for the health or safety of workers or the public.And we do not warrant 9. Premiums that conditions: The"contractor": (1) Are safe or healthful;or a. Is responsible for the payment of all premiums; and CG 00 09 0413 ©Insurance Services Office,Inc.,2012 Page 7 of 9 b. Will be the payee for any return premiums we b. Any other land vehicle that is subject to a pay. compulsory or financial responsibility law or 10.Premium Audit other motor vehicle insurance law where it is licensed or principally garaged. a. We will compute all premiums for this However, "auto" does not include "mobile Coverage Part in accordance with our rules and rates. equipment". b. Premium shown in this Coverage Part as 2. "Bodily injury" means bodily injury, sickness or advance premium is a deposit premium only. disease sustained by a person, including death At the close of each audit period we will resulting from any of these at any time. compute the earned premium for that period 3. "Contractor" means the contractor designated in and send notice to the "contractor". The due the Declarations. date for audit and retrospective premiums is 4. "Employee" includes a "leased worker". the date shown as the due date on the bill. If "Employee" does not include a "temporary the sum of the advance and audit premiums worker". paid for the policy period is greater than the earned premium, we will return the excess to 5. "Executive officer" means a person holding any of the"contractor". the officer positions created by your charter, c. The "contractor" must keep records of the constitution, bylaws or any other similar governing p document. information we need for premium computation, and send us copies at such times as we may 6. "Hostile fire" means one which becomes request. uncontrollable or breaks out from where it was intended to be. 11.Separation Of Insureds 7. "Impaired property"means tangible property, other Except with respect to the Limits of Insurance,and than any rights or duties specifically assigned in this work performed for you, that cannot be used Coverage Part to the first Named Insured, this or is less s k useful l because: insurance applies: a. It incorporates work performed for you that is a. As if each Named Insured were the only known or thought to be defective, deficient, y inadequate or dangerous;or Named Insured;and b. You have failed to fulfill the terms of a contract b. Separately to each insured against whom claim or agreement; is made or"suit"is brought. if such property can be restored to use by the 12.Transfer Of Rights Of Recovery Against Others repair, replacement, adjustment or removal of the To Us work performed for you or your fulfilling the terms If the insured has rights to recover all or part of of the contract or agreement. any payment we have made under this Coverage 8. "Insured contract"means: Part those rights are transferred to us.The insured must do nothing after loss to impair them. At our a. A lease of premises; request, the insured will bring "suit" or transfer b. A sidetrack agreement; those rights to us and help us enforce them. c. Any easement or license agreement, except in 13.When We Do Not Renew connection with construction or demolition If we decide not to renew this Coverage Part, we operations on or within 50 feet of a railroad; will mail or deliver to the first Named Insured d. An obligation, as required by ordinance, to shown in the Declarations written notice of the indemnify a municipality, except in connection nonrenewal not less than 30 days before the with work for a municipality;or expiration date. e. An elevator maintenance agreement. If notice is mailed, proof of mailing will be sufficient 9. "Leased worker"means a person leased to you by proof of notice. a labor leasing firm under an agreement between SECTION V—DEFINITIONS you and the labor leasing firm, to perform duties 1. "Auto"means: related to the conduct of your business. "Leased a. A land motor vehicle, trailer or semitrailer worker"does not include a"temporary worker". designed for travel on public roads, including any attached machinery or equipment;or Page 8 of 9 ©Insurance Services Office,Inc.,2012 CG 00 09 0413 10."Mobile equipment" means any of the following However, "mobile equipment" does not include types of land vehicles, including any attached land vehicles that are subject to a compulsory or machinery or equipment: financial responsibility law or other motor vehicle a. Bulldozers, farm machinery, forklifts and other insurance law where it is licensed or principally vehicles designed for use principally off public garaged. Land vehicles subject to a compulsory or roads; financial responsibility law or other motor vehicle insurance law are considered"autos". b. Vehicles maintained for use solely on or next to premises you own or rent; 11."Occurrence" means an accident, including continuous or repeated exposure to substantially c. Vehicles that travel on crawler treads; the same general harmful conditions. d. Vehicles, whether self-propelled or not, 12."Pollutants" mean any solid, liquid, gaseous or maintained primarily to provide mobility to thermal irritant or contaminant, including smoke, permanently mounted: vapor, soot, fumes, acids, alkalis, chemicals and (1) Power cranes, shovels, loaders, diggers or waste. Waste includes materials to be recycled, drills;or reconditioned or reclaimed. (2) Road construction or resurfacing equipment 13."Property damage"means: such as graders,scrapers or rollers; a. Physical injury to tangible property, including e. Vehicles not described in Paragraph a., b., c. all resulting loss of use of that property. All or d. above that are not self-propelled and are such loss of use shall be deemed to occur at maintained primarily to provide mobility to the time of the physical injury that caused it;or permanently attached equipment of the b. Loss of use of tangible property that is not following types: physically injured.All such loss of use shall be (1) Air compressors, pumps and generators, deemed to occur at the time of the including spraying, welding, building "occurrence"that caused it. cleaning, geophysical exploration, lighting For the purposes of this insurance, electronic data and well servicing equipment;or is not tangible property. (2) Cherry pickers and similar devices used to As used in this definition, electronic data means raise or lower workers; information, facts or programs stored as or on, f. Vehicles not described in Paragraph a., b., c. created or used on, or transmitted to or from, or d. above maintained primarily for purposes computer software, including systems and other than the transportation of persons or applications software, hard or floppy disks, CD- cargo. ROMs, tapes, drives, cells, data processing However, self-propelled vehicles with the devices or any other media which are used with following types of permanently attached electronically controlled equipment. equipment are not "mobile equipment" but will 14."Suit" means a civil proceeding, brought in the be considered"autos": United States of America (including its territories (1) Equipment designed primarily for: and possessions), Puerto Rico or Canada, in which damages because of "bodily injury" or (a) Snow removal; "property damage"to which this insurance applies (b) Road maintenance, but not construction are alleged."Suit"includes: or resurfacing;or a. An arbitration proceeding in which such (c) Street cleaning; damages are claimed and to which the insured (2) Cherry pickers and similar devices mounted must submit or does submit with our consent; on automobile or truck chassis and used to or raise or lower workers;and b. Any other alternative dispute resolution (3) Air compressors, pumps and generators, proceeding in which such damages are claimed and to which the insured submits with including spraying, welding, building our consent. cleaning, geophysical exploration, lighting and well servicing equipment. 15."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee"on leave or to meet seasonal or short- term workload conditions. 16."Work" includes materials, parts or equipment furnished in connection with the operations. CG 00 09 0413 ©Insurance Services Office, Inc.,2012 Page 9 of 9 Arch Insurance Group° Signature Page IN WITNESS WHEREOF, Arch Insurance Company has caused this policy to be executed and attested. Michael R.R. Murphy Patrick K. Nails President Secretary 05 ML0002 00 01 13 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IN CONSIDERATION OF PREMIUM CHARGED, IT IS HEREBY AGREED AND UNDERSTOOD THAT DESCRIPTION OF OPERATIONS IS HEREBY AMENDED TO READ: Job #213172— Modification to North Lake Dam and Spillway— Lowering of North Lake approx. 15 to 17 feet, excavation of 70,000 CY of material, placement of 62,700 CY of clay fill, installation of 1,200 CY of reinforced concrete for a new spillway and placement of about 9,600 CY of rock rip rap and all appurtenant work necessary to complete construction of the project. All other terms and conditions of this Policy remain unchanged. Issued By: Arch Insurance Company Endorsement Number: 3 Policy Number: 99COP0015200 Named Insured: City of Coppell Endorsement Effective Date: January 1, 2014 A—J/eAl President 00 ML0207 00 11 03 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY "CONTRACTOR" DEFINITION ENDORSEMENT This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART The following definition is added to your policy: "Contractor'means the contractor designated in the declarations and includes all subcontractors working directly or indirectly for that"contractor". All other terms and conditions of this Policy remain unchanged. Endorsement Number:3 Policy Number: 99COP0015200 Named Insured: City of Coppell This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 01/27/14 00 GL0201 00 02 05 Page 1 of 1 POLICY NUMBER: 99COP0015200 COMMERCIAL GENERAL LIABILITY CG 28 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 90 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph b. of either the CANCELLATION Condition (Section IV-Conditions) or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 28 0410 93 Copyright,Insurance Services Office, Inc., 1992 Page 1 of 1 CI