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HomeMy WebLinkAboutC2009-107 - 2/6/2009 - NAA G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this FEBRUARY day of 6TH, 2009, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and A.Ortiz Construction & Paving, Inc. termed in the Contract Documents as "Contractor," upon Texas: In consideration other obligations of construct and complete these terms, performable in Nueces County, of the payment of $452,902.00 by City and City as set out herein, Contractor will certain improvements described as follows: ROLLED CURB & GUTTER REPLACEMENT FY 2008 -2009 RENEWAL AGREEMENT - PROJECT NO. 2307 (TOTAL BASE BID: $452,902.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying services, labor and insurance as Documents, including overseeing at their expense such materials, required by the attached Contract the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. 2009 -107 02/06/09 Agreement A. Ortiz Constr. & Paving Page 1 of 2 December 8, 2008 A. Ortiz Construction & Paving Inc. 102 Airport Rd. Corpus Christi, TX 78405 361- 882 -2122 Office 361 - 883 -4188 Fax ECMS Attn: Felix Ocanas 5001 Oakmont Drive Corpus Christi, TX78413 361 -986 -1202 Correspondence to Possible renewal of existing contract Rolled Curb & Gutter Replacement FY 2007 -2008 Project #2281. Part "A" Item Description IMP A -1 Removal and Replacement of Curb& Gutter, complete and in place per linear feet $30.19 A -2 Removal and Replacement of driveway approaches, complete and in place per square foot $13.13 A -3 Removal and Replacement of sidewalks, complete and in place per square foot $10.76 A -4 Removal and Replacement of pavement/ pavement repairs complete and in place per square yard $40.43 B -5 Total Base Bid Part A $313,887.00 Part `B" Item Description DIP B -1 Removal and Replacement of curb & Gutter, complete and in place per linear foot $31.76 13-2 Removal and Replacement of driveway approaches, complete and in place per square foot $13.65 B -3 Removal and Replacement of sidewalks, complete and in place per square foot $11.55 B-4 Removal and Replacement of pavement/ pavement repairs, complete and in place per square yard $42.00 B -5 Concrete Curb Ramps, meeting AIA requirements complete and place per square foot $42.00 Total Base Bid Part B $139,015.00 Sincer%:s.:_. Cher z The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 240 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: City Secretary APPROVED AS TO By: Asst. City Attorney Services CITY OF CORPUS CHRISTI By: 0/Kti -- rn0A17 Oscar Martinez Assistant City Manager By Pete Anaya, P.E. Director of Engineering Services CONTRACTOR f Corporation) A.Or 'z Construction & Paving, Inc. By: °T Title: DIN e,(Z (Note: If Person signing for corporation is not President, attach copy of authorization to sign) ..,..•..i:... 102 AIRPORT ROAD (Address) CORPUS CHRISTI, TX 78405 (City) (State)(ZIP) 361/882 -2122 * 361/883 -4188 (Phone) (Fax) Agreement Page 2 of 2 PERFORMANCE BOND BOND NO. PRF08910494 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT A.Ortiz Construction & Paving, Inc. of NUECES County, Texas, hereinafter called "Principal ", andFIDELITY & DEPOSIT co OF MARYLAND* a corporation organized under the laws of the State of MARYLAND and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of FOUR HUNDRED FIFTY -TWO THOUSAND, NINE HUNDRED TWO AND NO /100($452,902.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: *COLONIAL AMERICAN CASUALTY & SURETY CO. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 6TH of FEBRUARY , 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: ROLLED CURB & GUTTER REPLACEMENT FY 2008 -2009 RENEWAL AGREEMENT - PROJECT NO. 2307 (TOTAL BASE BID: $452,902.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 25TH day of FEBRUARY , 20 09 . PRINCIPAL A 1 ZCons+rue -1inn Pavivic By. A-rnnando Or-H wno2. J (Print Name & Title) ATTEST Es-I -hcr C3. za imana (Print Name & Title) SURETY FIDELITY & DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY & SURETY CO. By:c Attorney -fact MARY LEN MOORE (Print Name) The Resident Agent of the Surety in Nueces County, .Texas delivery of notice and service of process is: Agency: Contact Person: Address: P n nnx R70 rnRPng CERTETT TEXAS 7R403 Phone Number: 361- 883 -1711 SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MnfRR (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 PAYMENT BOND STATE OF TEXAS § BOND NO. PRF08910494 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT A.Ortiz Construction & Paving, Inc. of NUECES County, Texas, hereinafter called "Principal ", and FIDELTTV & DEPOSTT ('0 OF MARVd.AND* a corporation organized under the laws of the State of MARYLAND and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of FOUR HUNDRED FIFTY -TWO THOUSAND, NINE HUNDRED TWO AND NO/100($452,902.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: *COLONIAL AMERICAN CASUALTY & SURETY CO. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 6TH day FEBRUARY, 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: ROLLED CURB 6 GUTTER REPLACEMENT FY 2008 -2009 RENEWAL AGREEMENT - PROJECT NO. 2307 (TOTAL BASE BID: $452,902.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 25T8 day Of FEBRUARY , 20 09 . PRINCIPAL A din Cons -k„ Dn 4 Petvi9 , nG By: 04/04 `U \ J AYrnoncib Or-ht OINnoz (Print Name & Title) ATTEST (�f Es -I-her (ivnzalez Office YYla f9e. '. (Print Name & Title) SURETY FIDELITY & DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY & SURETY CO. By: Attorney =Xn -fact MARY E N MOORE (Print Name) The Resident Agent of the Surety in Nueces County',.;`'exas, fib± delivery of notice and service of process as Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person: Address: MARV FT.T.EN MOORF P.O. BOX 870 CORPUS CHRTSTT TEXAS 78403 Phone Number: 361- 883 -1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S :� aryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant •i fV9 ce of authority granted by Article VI, Section 2, of the By -Laws of said Companies, which ar 4 `' �� •r' er e 14eof and are hereby certified to be in full force and effect on the date hereof, do r'k ��r, y t i . , co s: ary Ellen MOORE, R. M. LEE, Michael A. WHITNEY, H.M. C • boa y!; � ', - y ; " y wj . DUNCAN, all of Corpus Christi, Texas, EACH its true and la i ana • e IVII� execute, seal and deliver, for, and on its behalf as surety, and as its • d ; i n • ertakings, EXCEPT bonds on behalf of Independent Executors, Comm � Cott o an I rj '[i`T+ • tans. and the execution of such bonds or undertakings in pursuance of these s- s. .1 i"-� '��in_ • .on said Companies, as fully and amply, to all intents and purposes, as if they had been duly a y4 a S •wledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own pro r . sons. This power of attorney revokes that issued on behalf of Leroy A. RYZA, Mary Ellen MOORE, R. M. LEE, Diann EISENHAUER, Michael A. WHITNEY, Kristi ROBERTS, dated October 13, 2003. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 22nd day of September, A.D. 2008. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY By: Eric D. Barnes Assistant Secretary Theodore G. Martinez State of Maryland ss: City of Baltimore f On this 22nd day of September, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 168 -9883 a. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 gat Fidelity and Deposit Company of Maryland Home Office: P.O. Box 1227, Baltimore, MD 21203 -1227 IMPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll -free telephone number for information or to make a complaint at: 1- 800 - 654 -5155 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1 -300- 252 -3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714 -9104 FAX ti (512) 475 -1771 PREMIUIVI OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about .a claim, you should .first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Tnsurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. .95.13 ( EX) (08 /01) Disclosure Statement ZURICH AGENT /BROKER COMPENSATION DISCLOSURE Dear Policyholder: ZURICH On behalf of Zurich, we are glad you have chosen us as your insurance company. We look forward to meeting your insurance needs and want you to understand clearly our business relationship with the agent or broker you chose to represent your company's interests in the placement of insurance coverages. As is the case with many insurance companies in the United States, Zurich distributes many of its insurance products through agents or brokers. This means that your agent or broker is not employed by Zurich and, in fact, may represent many insurance companies. Because we do not employ your agent or broker, the way they are compensated may vary. We recommend you discuss these arrangements with your agent or broker. For an explanation of the nature and range of compensation Zurich may pay to your agent or broker in connection with your business, please go to http: / /www.zurichna.com. Click on the information link located on the Agent/Broker Compensation Disclosure section. Where appropriate, insert the Access Code provided below, and you will be able to view this information. Alternatively, you may call (877) 347 -6465 to obtain this type of information. Thank you. Access Code: 2016084474 U -RET -E -402 -A CW (11/06) Page 1 of 1 ACORD CERTIFICATE OF LIABILI TY INSURANCE OP ID TERE ORTCOC1 DATE (MM/DD/YYYY) 02/27/09 PRODUCER Swantner & Gordon Ins Agcy -CC PO Box 870 Corpus Christi TX 78403 -0870 Phone:361- 883 -1711 Fax:361- 844 -0101 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED A. Ortiz Construction & Paving Inc. 102 Airport Road Corpus Christi TX 78405 INSURER A: Republic Underwriters Ins Co 24538 INSURER B: Southern Insurance Company 19216A INSURER C: Texas Mutual Insurance Company 22945 INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LLTTRR NSROL TYPE OF INSURANC7 POLICY NUMBER DATE (MWDUm) POLICY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CMP564824802 10/29/08 10/29/09 EACH OCCURRENCE $1,000,000 X LiAmmie iv PREMISES(EeEOmurance) $ 100,000 CLAIMS MADE X OCCUR MED EXP (My one person) $ 5,000 PERSONALS ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 —1 POLICY n PRO- JECT LOC B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP564824902 10/29/08 10/29/09 COMBINED SINGLE LIMIT (Ea eccitlent) gl, OOO, DDD X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO / AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY / OMB564825002 10/29/08 10/29/09 EACH OCCURRENCE $1,000,000 7 OCCUR CLAIMSMADE AGGREGATE $1,000,000 DEDUCTIBLE RETENTION $10 , Q,00 $ § X $ C, WORKERS COMPENSATION AND m��7 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes describe under SPECIAL PROVISIONS below TSF0001185671 10/29/08 10/29/09 WC STA Ill- X TORY LIMITS I OER E.L. EACH ACCIDENT $ 1 000 000 / r E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS RE: Project # 2307 Rolled Curb and Gutter Replacement 2008 -2009 See Attached Addendum CERTIFICATE HOLDER CANCELLATION CICC -05 City of Corpus Christi Department of Engineering Svcs Attn: Contract Administrator PO Box 9277 Corpus Christi TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU ORIZEO RE "E iT /f ACORD 25 (2001/08) © ACORD CORPORATION 1988 ita ^' •rv�3 - a =t4�. �.,,, :TTh , ?, a ,. -J'dg ei .Sd v °:e. .W^ 't3" City of Corpus Christi is an Additional Insured on the General Liability & Auto policies. General Liability includes: Commercial Form; Premises - Opertions; Explosion & Collapse Hazard; Underground Hazard; .! Products /Completed Operations Hazard; Contractual Insurance; Broad Form Property Damage; Independent Contractors; and Personal Injury. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) From: Renee Terrell At: S vantner & Gordon FaxID: To: Sylvia 02/27/2009 04:03 3618263501 Prom: Range Terrell At: awantner & tiortlen Faxln: To; Sylvia INSURED: A. Ortiz Construction & Paving, Inc. POLICY* CMP564824802 Republic Plus+ General Liability Commercial dena"ra9Iait hanc enent . n om"'e^n' � """`a'^.,'"°""""'""• "^" ^°'•�^"^ °«-� „�«• This endorsement arranges the policy. Please read It carefully. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Willi respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless In2 !0d b the endorsement. 1. Medical Payments 4. Non -Owned Watercraft ENGINEERING r/ bate: 3/22009 03:36 PM Page: 3 of 5 PAGE 03/05 Dale: 2/27f21109 OB:51 AM Pam U of 11 Subject to the terms of Section III - Limits of Insurance, the Medical Expense Limit is the higher of: a. $10,000; or b. The anfount shown in the Declaration[; for Medical Expense Limit. Under Section I - Coverages, Coverage (: - Medical Payments, paragraph t,a, (3). subparagraph 2. is arnended to reed as follows (2) The expanses are incurred and reported to us within two years. of the date of accident 2. Supplementary Payments Innreased Limits Paragraph 1 of Section I • Coverages, Supplementary Payments - Coverages A smd 8 is emended as fellows: b. Up to $2,600 for the cost of bail bonds required because of accidents or traffic law vlolatlona arising out of the use of any vellicie to which the Bodily injury Liability Coverage applies. We do not have to furnish these bonds. .-y 3. Additional Insured by Contract, Agreement or Permit Section 11 - Who is an Insured, is amended to indude as an Insured any person or organization you are required by a written contract, Agreement, 01'permit to name as an insured, hut only with respect to "bodily injury" or "property damage" arising out of such person or organization's vicarious liability for your negligent acts or omissions committed In the course cif your ongoing operations pedormed for such person or organization, end excluding anynegligent acts or omissions of such person or organization. This insurance does not apply to such person or organization unless the contract, agreement or permit Is made prior to when the "bodily injury" or property damage" occurs. Exclusion g. of Section I • Coverages, Coverage A Bodily Injury and Property Damage does not apply to any watercraft under 51 feet long that 1s neither: a. Owned by you; nor b. Being used to carry persons or property for a charge. This eddkionol Insurance is excess over any other valid and collectible Insurance available to the insured whether primary, excess, or contingent. 5. Broad Notice of Occurrence Paragraph 2,a. of Section IV - Commercial General Liability Conditions Is deleted and replaced by the following: a. You must see to It that we are notified as soon as predicable of an " ocounence" or an offense which may result in a claim. Knowledge of an occurrence° or an offense by your "employees" shall not, In Itself, constitute knowledge to you unless your partners. "executers officers ", directors, insurance manager or risk manager shall have actually received noUoe. To the extent possible, notice should Include: (1) How. when and where the "occurrence" or offense took place; (2) The names and addresses of any insured parsons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. The following is added to Paragraph 2, of Section IV - Commercial General Liability Conditions: e. rf you fall to give us notice of an "occurrence ", offense, claim or "suit', solely due to your reasonable and documented belief that the ....rani .... .. ............................... eNem Cna Imagi! n,nriol,wlLh,bn,6ilon, Pnaal"i3 Ineutn„c "eeMCr 01 /ice From: Renee Terrell At: Swantner & Gordon FaxID: To: Sylvia 02/27/2009 04:03 3618263501 From: Renee Terrell nn, 3waniner& Gordon FWD: T¢ Sylvia "bodily Injury" or "property damage" is not covered under this policy, we will not deny coverage under this policy solely because of such failure. 6. Unintentional aallur a to Disclose Hazards The following Is added to Paragraph 6. of Section IV - Cotnmercitrl General Liability Conditions: If you should unintentionally fall to disclose ell existing beards at the Inception date of Ihts policy, we will not deny coverage under this policy solely because of such failure 7. Additional Insured - Blanket Vendors Section 11 - Who Is an Insured is amended to Include as an insured any person or organ eetion ("vendor") with whom you agreed under a written contract or wdtten agreement to provide insurance, but only with respect to "bodily injury' or "property damage" arising out of "your products" which are distributed or sold In the regular course of the "vendor's" business, subject to the following additional exclusions: a. The insurance afforded the 'vendor" does not apply to: 1. "Bodily injury" or "property deme€)e" for which the "vendor' is obligated to pay damages by reason of the assumption of liability in a contract or agreement. 'oils exclusion does not apply to liabilityfor damages that the vendor" would have in the absence of tiui contract or agreement: 2. Any express warranty unauthorized by you; 3. Any physloat or chemical ohange in the product made Intentionally by the "vender"; 4. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under Instruction from the manufacturer, and then repackaged in the Memel container: 6. Anyfellute to make such inspection, adjustments, teats or servicing as the "vendor" he; agreed to make or normally undertakes to make In the usual course of business In connection with the sale of the product; 6. Demonstration, installation, servicing or repair operations. except such operations performed at the "vendor's" • alitearxrel ENGINEERING Date: 3/2/2009 03:36 PM Page: 4 of 5 PAGE 04/05 Date: 2/27/2009 06:51 AM Page: 7 of 11 premises in connection with the sale of the product ((his exception does not apply to the extent that subparagraph g. Is applicable); or 7, Products which, alter distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the "vendor ". b. This provision, Additional Insured - Blanket Vendom, does not apply to any person or organization from whom you have acquired any products, including any ingredient, part or container entering into, accompanying or containing your products ". c. This provision, Additional insured - Blanket does not apply o any "vendor" Included as en Insured by an endorsement Issued by us and made a part of this policy. d. This provision, Additional Insured • Blanket does not apply if "bodily injury" or property damage" Included within the "products - completed operations hazard' is otherwise excluded under the policy, Including this or any other endorsement, IL Fire, Lightning, Explosion and Sprinkler Leakage If Damages to Premises Rented to You under Section I - Coverages, Coverage A Bodily Injury and Property Damage is not otherwise excluded under the polloy, including this or any other endorsement, the following applies! a. The last subparagraph of paragraph 2. Exclusions of Section 1- Coverages, Coverage A Bodily Injury and Property Damage is amended to read: Exclusions c. through n. do not apply to damage byline, lightning, explosion or sprinkler leakage to premises while rented to the permiss temporarily of the owner. Absepara e� limit of Insurance applies to this coverage as described In Section III •• Limits of Insurance. b. Paragraph 6.0f Section III - Limits of lnsutance Is amended to read: 6. Subject to 5. above, the Damages to Premises Rented to You Limit Is the most we will bay under Coverage A for damages because of "property you or temporarily Conloc n efA , p6puin'5 Inmmnnr" SAIKns Mien From: Renee Terrell At: Swantner,8 Gordon FaxID: To: Sylvia 02/27/2009 04:03 3618263501 r, w,,. nenoe 1 OIMIi Al: blvenbrer & Gordon Finn: Tot Sylvia ENGINEERING occupied by you with permission of the owner, arosing out of damage" to liremises, while rented to any one fire, ghtning, explosion or sprinkler leakage "or0lurrente , Subject to all the terms of Section III - Limifs of Insurance, the Damages to Premises Rented to You Limit Is the greater of: a. $250,000; or b, The amount shown in the Declarations for Damages to Premises Rented to You Limit. C. Paragraph 4.b.1.b, of Suction IV Commercial General Liability Conditions is amended to read (b) Thet Is Fire, Lightning, Explosion, Sprinkler Leakage or any similar insurance coverage for premises rented to you or temporarily occupied by you with permission of .:he owner; or 9. Extended Property Damage Exclusion 2.a. of Section 1. Coverages, Coverage A Bodily injury) end Property Damage is replaced by the following: a. "Bodily Injury" or "property damage" expected or intended from tine standpoint of the insured. This exclusion does not apply to "bodily injury' or'propeny damage" resulting from the use of reasonable force to protect persons or property. 10. Newly Formed or Acquired Organisations Paragraph 4. of Section II . Who is an Insured, is replaced by the following: 4. Any organization you newly acquire or form, other than a partnership, Joint venture or limited liability company, and over which you maintain ownership or melority interest, will qualify as a Named Insured if there is nn other similar Insurance available to that organization, However: • Date: 322009 03:36 PM Page: 5 of 5 PAGE 05/05 Dale:227/2009 08;51 AM Pagel 8 of 11 Coverage under W' provision is afforded only until the 1 BO day after you acquire or form the organization or the end of the policyperiod, whichever la earner, b. Coverage A does not apply to "bodily Injtuy" or "property damage" that occurred before you acquired or formed the organization; end c. Coverage B does not apply to "personal and advertising Injury" arising oul of an offense committed before you acquired or formed the organization. 11, Blanket Waiver of Subrogation Section IV • Commercial General Liability Conditions, Item 8. is replaced wish: 3. 'transfer of Rights of Recovery Against Others to Us and Blanket Waiver of Subrogation a. 11 the insured has rights to recover all or unds ergPo erthiC vae art, Ih o made rlghte are transferred to us. The Insured must do nothing after loss to Impair those rights. At our request, the insured will bring "suit° or transfer those rights to us end help us enforce them. b. tf required by a written 'Insured contract" signed prior to an occurrence or offense, we waive any right or recovery we may have against any person or organization beceuae of payments we make for bodily injury" "property damagge" or our of your operraatioons argWork for tha arising person or organization. I'mwttee Revleva fern lvn7ifnHnlrFiii,, " "" Y;:i1i7o12 LamNme 9orvlree Olrira POLICY NUMBER: BAP564824902 COMMERCIAL AUTO CA R041 06 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 'ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless below. Form apply unless modi- another date is indicated Endorsement Effective: 10/29/08 Named Insured: A. Ortiz Construction & Paving, In Countersigned By: SCHEDULE Representative) "Any certificate holder or other party who is required by written contract, agreement or permit to be added as an Additional Insured to the named insured's Automobile Liability coverage. Certificates of Insurance with names and locations are on file with your agent." (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section II) is amended to include as an "insured" the person(s) or organiza- tion(s) shown in the Schedule, but only with re- spect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. B. The additional insured named in the Schedule or Declarations is not required to pay for any premi- ums stated in the policy or earned from the policy. Any return premium and any dividend, if applica- ble, declared by us shall be paid to you. CA R041 06 07 C. You are authorized to act for the additional insured named in the Schedule or Declarations in all mat- ters pertaining to this insurance. D. We will mail the additional insured named in the Schedule or Declarations notice of any cancella- tion of this policy. If we cancel, we will give 10 days notice to the additional insured. E. The additional insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 ❑ with its permission From: Renee Terrell At: Swantner &.Gordon FaxID. To: Sylvia 02/27/2009 04:03 3618263501 From: Renee Terrell At Svanmer & Gordon f:ax1D: To: syKia J ENGINEERING Date: 3/2/2009 03:36 PM Page: 2 of 5 PAGE. 02/05 Dale: 247/2009 08:61 AM Pago: 9 of 11 POLICY NUMBER: CMP 5610246 02 COMMERCIAL GENERAL LIABILffY 00 02 05 12 04 THIS ENDORSEMENT CHANGE$ THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATPON9 PROVISIONS OR COVERAGE CHANCE 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 PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the Insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or materiel change to: 1, Name: CITY DP' CORPUS CFI /USTI SCHEDULE 2. Address: 1/0 RUX 9277 CORPUS (.:HIM STY, TX 78469- 927 7 3. Number of days advance notice: 30 V. Information required to complete this Schedule, if not ahown above, will be shown In the Declarations. CG 02 05 12 04 ©ISO Properties, Inc., 2803 Page 1 of 1 0 From: Renee Terrell At: Swantner & Gordon FaxID: To: Sylvia Date: 2/27/2009 08:51 AM Page: 11 of 11 POLICY NUMBER: BAP 5698299 02 / COMIUIEIYCIALAUYO CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCEL6„'\TION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: /BUSINESS AUTO COVERAGE FORM / ARAGE_ COVERAGE FORM • MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 10/29/2008 ./ Named Insured: A. ORTIZ CONSTRUCTION & PAVING Countersigned By: Number of Days' Notice 30 Name Of Person Or Organization SCHEDULE CITY OF CORPUS CHRISTI Address PO BOX 9277 Corpus Christi, TX 78469 *EXCEPT 10 DAYS TN THF. EVENT OF NON - PAYMENT OF PREMIUM .(,Authorized Representative) If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA02440604 ©ISO Properties, Inc., 2003 Page 1 of 1 0 Texasus Insurance Company WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 / 2. Notice will be mailed to: CITY OF CORPUS CHRISTI PO BOX 9277 DEPT OF ENGINEERING CORPUS CHRISTI, TX 78469 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on Oc t o b e r 29 , 2008 at 12:01 A.M. standard time, forms a part of Policy No TSF- 0001185671 20081029 of the Texas Mutual Insurance Company Issued to A ORTIZ CONSTRUCTION & PAVING INC Premium $ 0.00 WC420601 (ED. 1-94) Endorsement No. 1 / Authorized Representative AGENT'S COPY LMFAVORS 11 -05 -2008 ** **