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C2010-476 - 11/9/2010 - Approved
2010-476 M2010-268 11/09/10 Barcom Commercial (Revised 6/27/99) J.C. ELLIOTT TRANSFER STATION TIPPING FLOOR REPAIRS #2 PROJECT NO. E10124 TABLE OF CONTENTS NOTICE TO CONTRACTORS - A Insurance Requirements (Revised May 2006) NOTICE TO CONTRACTORS - B Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A 1 Time and Placc of Receiving Propocal3 /Pre B1d Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A 8 Faxed Propoial3 • A 9 Acknowlcdgmcnt of Addenda A -10 Wage Rates A -11. Cooperation with Public Agencies A -12 Maintenance of Services A 13 Arcs Accc33 and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Officc A -18 Schedule and Sequence of.Construction A -19 Construction Project Layout and Control A -20 Testing and Certification A 21 Projcct Cigna A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required A -24 Surety Bonds NO LONGER APPLICABLE 6/11/98) A -26 Supplemental Insurannce Requirements A 27 Rcsponcibility for Damagc Claimo A 28 Concidcratios for Contract Award and Execution A -29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders Page 1 of 2 -r _ „ A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A -36 Other Submittals A -37 A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A -39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings NOT USED NOT USED A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) Submittal Transmittal Form PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS PART T - DRAWINGS /TECHNICAL SPECS /SCOPE OF WORK NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Page 2 of 2 NOTICE TO CONTRACTORS -- A INSURANCE REQUIREMENTS =Prim TO CONTRACTORS A INSURANCE. REQUIREMENTS Revised March, 2009 A Certificate of 'Insurance 'indicating proof of 'coverage in the following- amounts is required :. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 38-Day Notice of cancellation required on all certificates Bodily Injury. and Property Damage Commercial General Liability including: I. Commercial Fonn 2 Premises . Operations 3. Explosion and Collapse Hazard 4. Underwent! Hazard 5. Products/ Completed Operations 6. Hazard 7. Contactual Insurance 8. Broad Form Properly Damage 9. Independent Contractors 10 Personal Injury 52.000,000 COMBINED SINGLE LIMIT • AUTOMOBILE LIABILITY —OWNED NON -OWNED OR RENTED 51.000.000 COMBINED SINGLE LIMIT , WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT 5500.000 1 EXCESS LIABILITY SI.000.000 COMBINED SINGLE UMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge: to include Iong -teen environmental impact for the disposal of contaminants 52,000.000 COMBINED SINGLE LIMIT ❑ REQUIRED © NOT REQUIRED BUILDERS' RISK INSTALLATION FLOATER See Section 8-6- I 1 and Supplemental insurance Requirements ❑ REQUIRED • © NOT REQUIRED See Section 8-6-t I and Supplemental Insurance Requirements ❑ REQUIRED ® NOT REQUIRED Page l of 2 OThe City of Corpus Christ "lfrUst be named; as.: an. additiotiM lured iiwall •cove ages except worker's compensation liability coverage. OTlte name of the project must be listed tinder "dcstription bf ojretntiotison eacb.cenifrcate of insurance. OFor each interlace coverage. the Contractor shall obtain an endorsement to the applicable insurance policy, signed by.the insurer, providing the City with thety (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provaie to the City the other endorsements to h sueancepolicies or coverages which are specified In section 84-11 of Special Provisions section of the contract.' ' . A completed "Ilisdosure of Interest" winter be snimritted:with your proposal. Mundt you fray snj qumlons regarding Insurance regq entsi please eon. tact the Contract Admfnislrator ar 8804500. r . • r. Page 2 of 2 NOTICE TO CONTRACTORS B WORKER' S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction- -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC-81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (8) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self- insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate')- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- 82, TWCC 83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless ofwhether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page Wall Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS J.C. ELLIOTT TRANSFER STATION TIPPING FLOOR REPAIRS #2 [Project No. E10124] SECTION A - SPECIAL PROVISIONS manner: City of Corpuo Chrioti City Sccrctary'o Officc 1201 Leopard Street Corpuo Chrioti, Tcxao 78401 A -2 Definitions and Abbreviations Section 13-1 of the General Provisions will govern. A -3 Description of Project The project for the J.C. Elliott Transfer Station located at 7001 Ayers Street; consists of improvements to the west end chute at the station. The following provides a more detailed description of the work: • Cleaning of existing exposed concrete surface and patching of the existing surface to accommodate placement of the new steel plate and repair other areas of damage. • Resurfacing of the existing concrete edge to provide adequate space for the new steel plate. • Installation of new 3" steel plate to west end of chute. • Installation of new Goodyear rubber chute skirts. • Epoxy fill areas around entire chute to repair any existing irregularities. • Add new steel plates to north, east, and south portion of chute to correct other areas of concrete disrepair. A -4 Method of Award The Contract is awarded as a Job Order Contract (J.O.C.) and prices established through the use of RSMeans cost pricing. A -5 Items to be Submitted with, Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Muot reference Prolcct Name an identified in the Proposal) 2. Disclosure of Interests Statement 3. Submittal of Materials A -6 Time of Completion /Liquidated Damages Section A - SP (RFP JOC JAN 2007) Page 1 of 20 The working time for completion of the Project will be forty -five (45) calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the-date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A 8 Faxed Propeealo £cction B 2 of the General Provioioao. A-9 Acknowledgment of Addenda receipt. Since addenda can have oignifroant impact on the proposal, failure to advcroc effect when determining the lowcot rcaponoiblc bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for building construction. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum Section A - SF (RFp J0C JAN 2007) Page 2 of 20 hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of .the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid' to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll. submittals.) One and one -half (1 -1/2) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty- eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Dig Tess at 1 -800- 344 -8377, the Lone Star Notification Company at 1- 800 - 669 -8344. For the Contractor's convenience, the following telephone numbers are listed. City Engineer CCIA Engineer CCIA Facilities Manager Project Engineer A/E Project Engineer PGAL CRGE Traffic Engineer Police Department Water Department Wastewater Department Gas Department Storm Water Parks & Recreation Solid Waste Services American Electric Power (AEP) Southwestern Bell Tel. Co. (SEC) City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) Century Telephone ChoiceCom(Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 880 -3500 361/289- -0171 ext 1223 361/289 -0171 ext 1226 880 -3500 713/622 -1444 361/991 -8550 880 -3540 882 -1911 857 -1.880 857 - 1818 857 -1881 880 -3461 857 -1970 299 -4833 881 -2600 857 -1946 857 -5000 887 -9200 225- 214 -1169 881 -5767 512/935 -0958 972/753 -4355 The Contractor shall take all precautions above and below ground. The Drawings show • (direct 713/968 -9375) (880 -3140 after (880 -3140 after 885 -6900 (885 -69 (880 -3140 after hours) hours) 00 after hours) hours) (693 -9444 after hours) (1 -800- 824 -4424 After Hours) 857 -1960 (857 -5060 after hours) (Pager 800 -724 -3624) (Mobile 225- 229 -3202) (Pager 850 -2981) (Mobile) in protecting existing utilities, both as much information as can be reasonably Section A - SP (RFP S0C SAN 2007) Page 3 of 20 obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings or not, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A 13 Arco Accept' and Traffic Control must be gnevided t-e all residents and businesses at all ti tee during eoaotruction. The Contractor must provide temporary driveways air reads of approved material during wet weather. The Contractor must maintain a stockpile ea the Pnej -cct site to meet thc demands of inclement weather. adverse impact on thc accessibility of adjoining properties. This may include, but in not limited to, working driveways in half widths, eanatruetien of temporary ramps, construction dctoura, ctc. The Contractor shall comply with the -City et Cep Christi' --e Fgriferra Barnicad ng available through thc City's Traffic Engineering Department. The Contractor shall secure thc necessary permit from the City's Traffic Engineering Department. payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job- related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals Section A - SP (RFP J0C JAN 2007) Page 4 of 20 The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must remain unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the various bit items; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. All light fixtures and other items specified for salvage shall be delivered to the Owner as directed. A 17 Field Office atc pay item for the field office. A -I8 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. The Contractor shall schedule his work well in advance of actual operations and shall keep the Airport Engineer and Facilities Manager advised of this schedule so that close coordination can be maintained with the director of Aviation and with other contractors. A -19 Construction Project Layout and Control The drawings may depict but not necessarily include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to Section A - SP (RFP J0C JAN 2007) Page 5 of 20 construct a project of this nature. Major controls and /or two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall . provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. the City or Consultant Project Engineer to revicle the drawingo. meaouring of the completed work. Third rarty Curvcyor and ccrtify complia.nee -to any regulatory permitri. streets: • 7111 curb returno at point of tangency /point of circumfcrcnco • • Ctrcct crowns on a 200' into val and at all inte*se tiono Wastewater: • All rim/invert cicvationo at manholeo; • 7111 interoecting linen in manholeo; Water: • All top of valves box; • Valvco vaulto rim; • Casing cicvationo (top of pipe and flew line) (TXDOT and RR pe mi e) . stormwater: • All intcroccting linco in manholes; • Casing cicvationo (top of pipe and flow line) (=DOT and RR pe to). Section A -- SP (RPP JOC JAN 2007) Page 6 of 20 A -20 Testing and Certification All tests required under this item must be performed by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer, including windstorm certification. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10 /9s) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s).. Minority persons include Blacks, Mexican- Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). Section A - SP (RF'P J0C JAN 2007) Page 7 of .20 2. Controlled The primary power, direct or indirect, to manage a. business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.Ok of the contract work itself and in which a minority joint venture partner has a 50.015 interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45% 15% b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Section A - SP (RFP aoc JAN 2007) Page 8 of 20 Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate sign structure inspections by the Building Inspection Division at the various intervals of work for which a permit, is required and to assure a final inspection after the signs are completed. and ray applicable. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10g) of the reinsurers capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." ii. 25 Salon Tax Exemption (NOT USED) following oubotitutcd in lieu thereof. Contracto for improveim is to -real property awarded by the City of Corpuo Chrioti do not qualify for exemptions of Salco, Excioc, and Uuc Taxco u is Contractor 3, Tax 7ldminiotratioa of Title 34, Public Finance of the Tcxao Adminiotrativc Code, Public Accounts of Texao. Section A - SP (RFP JOC a-AN 2007) Page 9 of 20 1. O]etain the ncccnoary oalco tax permito from the State Comptroller. into the Project. 3. Provide reoalc certificatco to oupplicro. propooal value of matcrialb. for all Daleo, Excinc, and Lloc Taxeo applicable to thio Project A -26 supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify,'save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any Section A - SP (RFP JOC JAN 2007) Page 10 of 20 time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. (NOT USED) amended to include: Contractor mutt provide installation floater insurance cover a ter -the term A 28 Conoidcrationo for Contract Award and Execution require a bidder to provide documentation concerning: 1. Whcthcr any new hajc been filed against bidder er either failure to pay aunt of thc lien, the banie for thc lien claim, and thc date of the rcleaae of the lien. If any eueh lien bee not bccn relcaocd, thc bidder ohall otate why the claim has net been paid, and 2. Whcthcr thcrc arc any outotanding unpaid claimo againot bidder for ocrvicca the claimant, the amount of thc claim, the basis for the claim, and an A bidder may aloo be required to supply construction rcfcrcncco and a financial otatement, prepared no later than ninety 490) dayo prior to thc City Enginccr'o A -29 Contractor's Field Administration Staff The Contractor shall employ for superintendents and . foremen who City Engineer. The criteria upon which the City following: 1. The superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being-performed. 2 Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. this Project, as its field administration staff, are careful and competent and acceptable to the Engineer makes this determination may include the Section A - SP (RFP JOC JAN 2007) Page 11 of 20 Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract (if required), along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with Section A - SP (RFP J0C JAN 2007) Page 12 of 20 this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit is letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. 11. _Documentation showing proof of Disadvantaged Business Enterprise (DBE) requirement compliance. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B- 8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Gontraetor io reminded to -- - • _ • _ 1. A -34 Precedence of Contract Documents In case of conflict in the Contract .documents, first precedence will be given to addenda issued during the proposal phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict Section A - SP (RFP JOC JAN 2007) Page 13 of 20 between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. (NOT USED) any City water facility. For additional information refer to Dcpartmcnt. C. rrotcction of Watcr Quality times. The Contractor ohall pre eet the gaality of the water in thc job oitc and shall coordinate ito work with the City Water Department to protect thc quality of thc water. U. Conformity rznity with ANSI /NSF Standard 61 All matcrialo and equipment uocd in the repair, reasoembly, transportation, rcinotallation, and inopcction of pumps, or any other (ANSI /NSF) Standard 61 ao dcocribcd in thc Ctandard Special ationo. gaoketo, thread compoundo, ceatinge, er hydraulic equipment. • ,ANSI /NSF Standard 61 and unler o ouch i.tcmo are inopcctcd on the oitc by authorised City peroonne1 immediately prior to of ANSI /NCF Standard 61 approval for all material° which could come into contact with potable water. All traoh generated by thc Contractor or his cmployeco, agcnto, or oitc. Blowing traoh will not be allowed. The Contractor- shall keep Section A - SP (RIP J0C JAN 2007) Page 14 of 20 CONTRACTOR'S ON SITE PREPARATION tcicphonce aro_not avail-ablc for Coiatraeter use. R. Contractor Qualifications SCADA (SUPERVISORY CONTROL L PCB DATA ACQUISITION) performed only by qualified technical and eupe.4eery personncl, acs ticicctiona, furnishing, installing, coeneeting, programming, customizing, debugging, calibrating, or placing in operation all The Contractor or his subcontractor proposing to perform the CCADA work mast be able to dcmonotratc thc following: 1. He in regularly water and wastewater industry. projects. 3. He has bccn actively engaged in thc type of work specified herein for at least 5 years. 1. He employs a Rcgiotcrcd Profcaoional Enginccr, a Control Cyatcmo work required by thin apccificationo. implementing the specific computcra, RTUS'o, proposed for thc Contract. G. He maintains a permanent, fully staffed and equipped service facility within 400 milco of thc Project site to maintain, repair, calibrate, and program the oyotema specified- crcin. 7. He shall furnish equipment which in thc product of one manufacturer to the ma ximum practical =tent. Whcrc thin in not practical, all equipment of a given type will be the - od&.xct of one manufacturer. 8. Prior performancc at the O. N. Stevens Watcr Treatment Plant will be used in evaluating which Contractor or auketractor and oef twaro Section A - SP (RFP JOC JAN 2OO7) Page 15 of 2O programs the new work for thin Project. L. Trenching Requircmcntts be allowed on the project. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: c. City Engineer or hits dcoignatcd rcprcncntativc. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original . submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g- Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. j• Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and Section A - SP (RFP ZOC JAN 2007) Page 16 of 20 suppliers to promptly report, thru Contractor, any inability to comply with provisions. k. All submittals relating to the structural design of the signs including fasteners, bolts and other items must be signed and sealed by a Licensed Professional Engineer registered in the State of Texas. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. (NOT USED) Conservation and Drought Contingency Plan as amended (thc "Plan "). Thies at thc prc construction meeting. The Contractor will keep a eopy of the Plan on thc Project site throughout conotruc 4ea A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors -B'" are this Special Provision. A -39 Certificate of Occupancy and Final Acceptance incorporated by reference in The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B -8 -9. A-40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a calendar day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations Section A - SP (RFP c?OC JAN 2007) Page 17 of 20 It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and . agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, or supplier. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A:46 Dieposal of Highly Chlorinated water (7/5/40) (HOT USED) Section A -- SP (RFP JOC JAN 2007) Page 18 of 20 °ewer oyotcm for disposal of contaminated water. A 47 Pre Construction Exploratory Excavationo (7/5/00) (NOT USED) A� approximate otati.on thereof, diotancc to the pavement centerline and elevationo of Exploratory excavation° °hall be paid for on a lumpoum bao-ia. Any pavement repair cotabliohcd until price of pavement patching. Contractor ohall provide all his own aurvey work effort (no ocparatc pay) for exploratory car avationo. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP /CP &L and inform AEP /CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (6/24/00) .Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to . benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." Section A - SP (RPP JOC JAN 2007) Page 19 of 20 SUBMITTAL TRANSMITTAL FORM PROJECT: J.C. ELLIOTT TRANSFER STATION TIPPING FLOOR REPAIRS #2 OWNER: CITY OF CORPUS CHRISTI PROJECT MANAGER: JASON SHROYER CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (RP? JOC JAN 2007) Page 20 of 20 PRODUCER Swantxaelr & Gordon Ins Agcy -CC PO Box 870 Corpus Christi TX 78403 -0870 Phones : 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 RAW # INSURED Barman Coamnercial , Inc . 5826 Bear Lane Corpus Christi TX 78405 COVERAGES INSURER n Wausau Underwriters Ins INSURER B: casnerce end Industry ins Co INSURER C: Republic Lloyds INSURER 0: 26042 19410 19208 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RECL.HREMENT, 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. INISR—ADITL LTR INSR GENERAL TYPE OF INSURANCE LIABILITY COMMERCIAL GENERAL LIABILITY POLICY NUMBER DATE TBJZ91455287030 POLICY EFFECTIVE POLICY (MM!DD/YYYYI DATE 09/12/10 EXPIRATION (MMIDD/YYYY) LIMITS EACH OCCURRENCE $ 1,000,000 A. X 09/12/11 UAMA(at 1 U HCN ItU PREMISES(Eaoc�curence) $ 100, 000 $ 5 , 000 CLAIMS MADE X OCCUR / MED EXP (Any one person) !f PERSONAL &ADVINJI RY $ 1, 000, 000 GENERAL AGGREGAT = $ . 2, 000 , 0 0 0 GEN!. AGGREGATE LIMIT APPLIES PER: POLICY X JE LOG PRODUCTS - COMP /OP G AGO'. $ 2 , 000 , 000 AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS AS TZ91455287020 09/12/10 09/12/11 COMBINED SINGLE LIMIT (EaaCadent) $1,000,000 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: AGO $ $ EXCESS / UMBRELLA LIABILITY 13E037714129 09/12/10 09/12/11 / EACH OCCURRENCE $ 15 , 0 0 0 , 0 0 0 X OCCUR cum MADE AGGREGATE /$ 15, 000, 000 jDEDUCTIBLE RETENTION $ 10,000 X $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AFYIPROPRIE E EXRTNER /EECUTIVr (Mandatory in NH) II yes, describe under SPECIAL PROVISIONS below WCJZ91455287010 09/12/10 09/12/11 X TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 EL. DISEASE - EA EMPLOYE E$1,000,000 E.L. DISEASE - POLICY LIMIT $,1,000,000 C OTHER Builders Risk CMP563934502 09/12/10 09/12/11 Location $ 5,000,000 Occurrenc $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: City of Corpus Christi Job Order Contracts RFP 2009 -04 See Attached Addendum. b1019‘1 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 BEFORE 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. ACORD 25 (2009/01) AU1GRd ESENTATIVE CI 1988 -2009 ACOR RPORATI N. All rights reserved. The ACORD name and logo are registered marks of ACORD m Mai tional Insured as required by written insured contract in favor of the Cert ificate Holder applicable to General Liability & Automobile Liability. Waiver of Subrogation as required by written insured contract in favor of the Certificate Holder applicable to Workers Compensation, General Lia3l3.ty & Auto Liability Policies. Builders Risk policy includes Wind. storm coverage. 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 This Certificate of Insurance 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 (2009/01) Insured: Barcom Commercial, Inc. lle% Available linage 1712611)431)g-r7;000 tit E?oiiey Nurnbcf T63- 791 - 455287 -Q3O Issued by 'WAUSAU UNDERWRITERS INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE. READ R CAREFULLY. LIBERTY DireclSolutians for Cootractors This endorsement modifies insurance provided under the following: 'COMi17ERCIAI. GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance by broadening the insurance provided by CO 00 0•1, Indai of, modified Rests: hem L REASONABLE FORCE Item 2. NON•OWNED WATERCRAFT EXTENSION Item 3. ALIENATED PREMISES item 4. PROPERTY IN YOUR CARE, CUSTODY OR CONTROL Item 5. DAMAGE TO PREMISES RENTED TO YOU . EXPANDED COVERAGE Rear 6. BODILY INJURY TO CO- EMPLOYEES hem 7. HEALTH CAR PROFESSIONALS AS INSUREDS Item S. NEWLY FORMED OR ACQUIRED ENTITIES Rem P. BLANKET ADDITIONAL. INSURED AND WAIVER OF SUBROGATION - MANAGERS OR LESSORS OF PREMISES Han IL EXPANDED BLANKET ADDmONAL INSURED AND WAIVER OV SUBROGATION (FOR INSTALLATION EXPOSURES) Items IL BLANKET ADDmONAL INSURED AND WAIVER OP SUBROGATION - PERSON OR ORGANIZATION he Li ADDCPIONAL INSURED - ARCHI"IEC7g. ENGINEERS OR SURVEYORS Item 13.ADr,MORAL INSURED • STATE MUNICIPALITY OR POLTICAL SUBDIVISION - PERMITS Item It ADDITIONAL INSURED AND WAIVER OF SUBROGATION - LESSOR OF LEASED EQUIPMENT Item I5.ENOWLEDGB OF OCCURRENCE Item 16. UNINTENTIONAL ERRORS AND OM1SiiSIONS hem 1.7. BODILY INJURY REDEPIIyrnON Item ILMOEILE EQUIPMENT REDEFINITION Item 19. SUPPLEMENTARY PAYMENTS item 21 LIBERALIZATION These changes broaden the policy sections described dear differing language is separately eeduned to the coverage Fat hem L REASONABLE FORCE Exclusion a. of Cover age A h replaced by the following: n. Expected or Intended Injury "Bodily injury' at property damage expected or intended from the standpoint of the insured. This fusion dots nol apply to "bodily injury' or `property damage" resulting from the use of reasonable force to Protect persons or property. LG31ID0907 Page 1 Sea re:q page Dest.Lvailable Image '7 3:111 Dp D977300063 Item 2. NON•OWNEI) WATT RC RAFT EXTENSION Subparagraph g.(2) of Exclusion g. of Coa'eragu A (Section 1 - Coverages) is replaced by the following; (2) A watercraft you do not own that IA: (n) Less than 55 feet long; and (b) Not being used for public transportatiou or as a common carrier. Item 1. ALIENATED PREMLSES 1. Subparagraph j.(2) of Exclusions of Section 1 - Coverages - Bodily injury And Properly Damage Liability is replaced by the following: (2) Premises you sell, give. away, a abandon, if the 'property damage arises out of any part of those premises, and occurs from hazards that were known by you, or should have reasonably been known by You, at the time the property was transferred or abandoned. item 4. PROPERTY IN YOUR CARE, CUSTODY OR CONTROL 1. Subparagraphs (3) and (4) of Exclusion j. of Coverage A. do not apply except to: (a) Borrowed equipment; or (b) 'Property damage to property in your care, custody and control,while in transit. This nuisance does not apply to any portion of a lossdor which the insured has available any other valid and collectible insurance, whether primary, cx[crxa, contingent, or on any other basis, uolcsx such other insurance was specifically purchased by the insured to apply in excess of this policy. 2. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III - Limits Of insurance, the roost we will pay for insurance provided by Paragraph 1. above u: $10,000 Each Occurrence Limit 525,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the mintier of persons or organizations who sustain damage because of that 'occurrence." The Aggregate Limit is the most we will pay for the sum of all occurrences covered by this provision. Item 5. DAMAGE TO PREMISES RENTED TO YOIJ - EXPANDED COVERACE A. Fire, Lightning Or Explosion Damage 'rhe last paragraph of 2. Exr.luaions under Section 1- Coverage A is replaced by the following: LG3180090? Page 2 See next page iies1 Availabie Image 2712010009.77300064 Exclusions c. through n. do not apply to damage to premises rented to you or temporarily occupied by yo„ witfa permission of the owner when the damage is caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage. A separate limit of iessuranae applies to this coverage as described in Section 111 - Limits of Insurance. W Limits for Damage to Premises Rented to You Paragraph 6. of Section 111 - Limits of Insurance is replaced by the following: Subjed 10 5. above, the Damage to Premises Rented to You Limit is the moss ne will pay under Coverage A far any combination of: (a) Damage caused by fire, lightning, or explosion or subsequent damages resulting from such lire, lightning or explosion, including water damage to premises rented to you, or temporarily occupied by you with permission oldie owner; and (b) `Property damage' (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days Item 6. BODILY INJURY TO CO- EMPLOYEES 1. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2at.(1)(a)), (b) and (c) of Section 1I - Who Is an Insured do not apply to your supervisory or management employees' for bodily in3gry' only. 2. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a(1 )(a), (b) and (c) of Section 11 - Wbo Is an Insured do not apply to your " employees" or "volunteer workers' for 'bodily injury arising out of a Good Samaritan art to a co.-employee" or co-'' olaateer worker:. A Good Samaritan act means an attempt to rescue or aid a person in imminent or serious peril, provided the attempt is not rccklcsaly made. Damages owed to an injured co- 'employee' or "volunteer worker' will be reduced by any amount paid or available to the injured co- "employee" or `volunteer worker tinder any other valid and collectible insurance. Item 7. HEALTH CARE PROFESSIONALS AS INSUREDS Paragraph 2.a. (1) (d) of Section II - Who Is An Insured is deleted unless: (1) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction: or (ii) Thc 'employee' has any other iotnrance that would also cowl- da n a - it coda this previsioo, whether the other insurance is primary, excess, contingent or on any other basis. [tern 8. NEWLY FORNIE13 OR ACQUIRED ENTITIES Paragraph 3. of Sectioo lI - Who Is An [infarct! is rc;alar -A by the follcwingf. 3. Any organization, other than a joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest, will qualify as a Married insured if there is sto other similar insurance available to that organization. a. Couc age under the previsi en is afforded only umit: LG 3180 09 07 Page 3 See XX1. page Brit A v4ilable image 271201 000977300065 i. 'l'bc 180th day after you acquire or form the organization; or ii. Separate coverage is purchased for the organization; or ill. The end of the policy period, whichever is earlier. 1. Coverage A does not apply to "bodily injury" or "property daniiige that occurred before you acquir ed or formed the organization; and c. Coverage B does not apply to "personal and advertising injury' arising out of un offense committed before you acquired or formed the organisation. No person or organization is an insured with respect to the conduct of any pays partnership, current or past joint vcnttun or past limited liability company that is not ahovru as a Named Insuued is the I)cclarations. item 9. BLANKET ADDITIONAL INSURED AND WAIVER Oi SURRO4 ATION/ - MANAGERS OR LESSORS OF PREMISES Sciuior. II • Who ly o Inured io amended to include as an insured any manager or lessor of premises 'cased by you =R which the written lease agreement s:i•ti;gates you :o prOc:t:rt add :tlOIIal insured coerage, provided that' .~ - EY:C ",� :ti ,�.i�= -�'i', n� "r +�nL:'a�i.C��' (3z �'r354�ra3 anti ali,a��;c,.n S.YFN PiF...a wL Iw lts .. _L "ttle r v - Y :.c_... _.. [.':C4�. :rl: LL i:.G. og.tLi :ji. ALL; and i:. ihk: writicn writ azre-Cut'.'.'.'R is in c&ct at the time of the rri[i[3riV iwinrV' °nrr nw.ru �i.. w..w...: x......._...1 •, CMh't:111 .r' Fw ...A._..L .. _ a _ Ti.YL ptrsoro nr:?r.ss.e.. •rai..w� n Lei in _.. f'... _ 1 . _ __ �R. . ..iEi . a F- c =_ :_. "'_L7- :- � :..... RYMIilVA01 LIR:vrt:tL The coverage afforded to the arldiliortal _. ed is limited to liability i i c qucdiaat w4tw1 the o atersit! S i +, pS m_ittsuec e Cr1 : of-the setn;ses leased w yog ?4s r AC; irr whole or it-. p::: , by some. _ 4Xlige ai sots UL: o-tnkseoes LJf y^Eh, your °Empi`Siaes, your zgc.ata., ?r yott SibCOnErfccton, There is no scr 4F= fin the Ir1s trtdfor - fiL'di y in�.u,. "property damage or r t d.r si t rte. "property _ "per 'a�= :r.s'L� and :¢urs.t'ti`_itk�' _ii�l�lt � arising nst •'3f the 5.:t negligence a the additional insxr:n or by ?hose ati::g on behalf al the :ztld'iticaa a ii d egr p: 4.g pE . dr.,1 helm it O£ written agrecrie . to indemnify an addit oria: insured requires that you indemnify the additional insured Ear ii Suik negligence, then the coverage for the additional insured shall conform to that agreement; prouic d, ha +trw, +idi the contractual indemnification E3rg & Of the agreement is valid and£r the L av +jS the stare y{herG t is ag eez.e: t was fuorriicu. If the written lien tt.t'm nt pmtss that a particular state's taw will apply, then such be ismored. For aoy additional i nurred that .cite E ir1pYred :t..._.. on this policy through Parar�ir i, A. above, we Waive any right of recovery'; e may have As-oira ihg. additional :rs,_idi Leeause of payt _-..... we make fur 13ocliiyiEii `Y 1?rvw`s[• -"-Le." w ' poi. -.a: and Ea4ury'' Er, inlaraose ? �k.w�• - C. E xciiiiwUris I.g_a n6:13 Po o2 4 Btu Available rtnapo 1T37.011.100 9•773 66 i. Any 'occurrence" that takes place alter you cease to be a tenant in !hal premises. 2. Any construction, renovation, demolition or installation operations performed by ur on behalf of Ile additional insured. 3. Any premises for which co rage is excluded by endorsement, D. Other insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the Curbs of insurance avaiiablc within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is an an excess, contingent or primary basis, unless you arc obligated under a written agrccmcni to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. Tv .L. x.._µt... -.lam ��.s :�a r • - arld feria; i�iSurc:i has the rigbi f o pnr iiC Any other trstt_*ance u-trr:er for urrgcr.agJ;•y incftiding a defense, :ve shall share that right with the additional ioiircei, x- -s -! .c.szF- V..iIIIL:i�vicr �iYUCiry y'.[`p� �•/y/��yr�,/��' Li*fSl.Jlttt ;ti.} AND vF'�4YYj:,it �R' JCi�$I44iiJ'Jil il�J }` (Mg INS f± _ "FGNr EXpos;s ;Es`") A. y s^„ E }}a PAn ]s a 1.— G:4 x a2FFT:TSy : ee^ ...n^ ae . ,_ :..s. h;/F fk by . .r ....., r.- o- Y.. e..•. *�ii5 any C"..t =_ �: ,;.. `''e :L sir; gge' a'4"liifF. n agtetTeal. ?;.= ; "odes adr.:t: naj inzerf L� et �.. -u $�e;. . .__ • - "3. '^vL'Y" ti..z -[[jam 4: T' :....? -'... - <t i.. _• : _ ' __ ..eLfiG": 'E¢' liS alit e_a..s F # rL the --re-., _ r . ^ }i''s: i�iz F''*.�-`�• iti [ G.. _ ...r� 'y`" "- ! v itiv agm•f.iWir•tj a V a . ae- — ..�...- . ;tl s �V=C�4G r. is snug t. That gr.:rt,ua e_yani:' fitnf :1=11 be, :ii4ii `ed its O.. add4;.T3FAi in"'fur'.SY. 717.: =.4 fl•.E:^.Y.�� halt. w is 'imi • •_- - f S. rl" re ti�i �i ^' _ - "- � ^.:n `.fi. IS:iJiiiev i��,S Gam, is, FV rlC3i =. 435 la= pail, by the 3�3E!t�v'�t s - - ' - o �-at:A.me j:..- ....ue.e._v.anray.ss�ap six li fec36:JAd -1LYL' S3i LTUS F1: =�1} o ,,� FYI 3! San a duals .-Floc arttgy to rhn iQs. - Y i nv Ken�y_Y - _: .a - •1__v.__ • _ _ F L � � ,.•�'�i, �e �.�ftr. tY .�`..ti:uei -. av'e�ivify' ?x; L- __. .___ Okit C pa; WC4 is included i the `prc•dil ' s.rer,ri siieregi L�;'�:73tS "c 1;,R .dd s 1 - .fir - ° .. rr :. „- ? � .. ... Env ` ++ 5� .:% such eavcraar for the adcri;ir nai hest ed b tht lsrrz, ,arv,wefr, . end .he . f 4:: r�Y r_k” Pea.. tee witted & i;E." :t a.-,ct I b v3' ' -e` _ _ a�ec.a`�Gi vv 1 ody fax Eta ifiiy tamed, is �uitrtlC �L .n. 4z.*i_ by the ne,g ieriaa+ st <e p� y+.r0r empr'oi•J'^`- {e :��°Il•'^-` ag^as, o pats tEsE;7'corar$Cd , . - _ - - _ -:'ace's is no u: rage for 4-be addiuona£ ar'steed test '.Y,Hiit 3 wd, _ f JW'} , RC:iJ�d;: °sY:Fiix[YytC` it mrso nod ..r i • °. :- j,.x f ariaang )iii of ate sklie rizetic F?:'£ :?t Ike additienal itturcd occ by those acting on k.half tho y.... in i,?Ckw: ' ._..+5�fw�j -i 77.; - - l.i00^Jfj 7 i the '. rli;c ; j.6.roc,rn ,i4 to ii.(4n, ,exi'Y Li a. aikitfcirlitt itsureAl rC uirns 'r e i w .�� 4w aa' � ' � that }'4S3 k€tssCrTYS;r:Y iil...ec:.li ?:r��$F It25111gi� for s coin negligence, then tb.. c:itrage o the additional insured shall conform to that agreement; g ivi;.le. however, ih the coca''actua c.,.-..A;f ,Con lae ua a of a - ' �� t5 the u,- r,II,ISY'i£11L is Y71iiS under the law Of the grate Where the succulent wag formed. the written agreeme, —ro :den that a particular State's law will app th provision will be hcrnured, FQ sa srech (if t}ei:iitvp:.ii iara For say additional insured that r bights insured siatms a :: this policy t4:r ongli P„.- ;;graph r'.. above, w.e. waix-e „y right ©i recover{ we may haw: aixaiirst the additional insisted because. g?}.:o•u we make fui UUul tjj injury,. 'property damage" or "personal and advertising injury' to which this insurance nom}" C. Exclusions %ixiifl r� =1i;C2 F« the lust:xance afforded to these additional Ii5itiedh, the following additional cricluSir-m apply: This insurance does not apply: To "brdiLy infer:sr. "ririverry ..�i.'v:.2 the iaii1ur_ t ,ghee,, any prof Ciraio al arcyitcchiral, engineering ur surveyingservicesmuncir: ':_ 77-145 u; Pnr.74.re: sriprzva, maps, .. . Surveys, field orders, change orders specifications; or drawings and Specific ti or b. Supervisory, inspection, architectural or tng ncering activities. 2. To `bodily injury' or 'property da mage° that ti;.::rs during the ongoing operations of a project where you ha= ps rchasvd an garnets & Contractors Protertive Liability or aailreaY l Protective Policy for the adLiiiSVrlci insured. 3. 'When coverage is arai.abie yodel a consolidated (wrap up) insurance program in which you are invuiwed. D. lei llautrat ce 'The insurance provided • by this Pndlratiment applies y, sJ to =vet-ages nub pizLiS of insurance required by wribgcR agreement, but in no £vest cxcee& either khi scope ri coverage the iimies of insurance awn F °- ▪ min the pc4icy. This ',, iirance shall be exer,.so over any other it u acice available to the additional iroured, whether 8@r,11 rA= zncx itg ac exCCSS, contingent or primary basis. inilm y'_: arm obi iga €ed n:.der a written. altrrtrnci* iaiNide. liability insurance for that additial insured on any t,{lxss bati& In that eE;.•nt, this t`aticy Bill apppv tulely on the basis required by such written agreement. 3�tr�Elem, we ,i-ga :il - Additican! that � w� 's _ - _ = =•-:y : ;•_.e _ -`f' v ° - - -- -- -- with �.a 1� ..r. -�. .v. w. ▪ riC,i it Ciiir -5e�ia -•a.' Z right ith the additional insured. >eiil 3?: if4J L { DiTACRCAL Nit) itEli trial -".r :: V": t: SUBROGATION =- F;:E°'.�,`'va"ti..ua°1ii(LON illitCa.A;vlZA'i'fn r°vN A. 'action 21- Who is An inbred itS atnnnied to. include a ri ^sib tiozal ' 3 - .. .. w°.4. iimwe'Etr ally Fli:f':RS! or amortization to t 1Q111 : rii arc obligated by a %Tilto -Ai agreement to rr rYr a ? dtlt i p a t ro ut e : coverage-, - V LC }iE mperci liability fo 'bodily injury- , _ property dabinne - or "personal ants advr_riici istim-y,' •- •e`, ;-whole ir n 40e , by you } =et il omissions `rr the , i:r ornamic-rm ail tu.cz gamic on your behalf: 31 nil IIY See int Fags 2 72.2. 1.3 i_34i97773,..ittq_Ltr, L- IL t1c.r.i3g Optrxh.i.elm; Or 2. in anumtlillm with premises owned by y011 ,Z;Videad .111a1111. 1,A) T iL ialuiTy-,'"prop.7rly demi: inirTy" giv.L".8 FL=.e. SUIALtqllitni in the cxeculian of the :.-6reeraent; and (?)) '17-ic written aprrLe-.-Ac:nt_ ;1i the iime 3; the dani.1.1e^, adlrertislag itijia?" for which coverage is sought. That person or organization shall be referred as the atldii;ortal insured, There Ls no coverage fr-.F th ,if.litit•Itzi d for-bodily irijoef, 'property &midge' or "lier3anai ad-:ertisira iniart o0g out of il!it sole of the additional iosiard or. those adliag on bebajf of Ihe additional insured, except as provided w. .ifthe officitn agreement to indemnify an additional insured requireit that yoo 4iden-”.ify add:tin:La; ;:zurce, for its sole negligence, then the cover ag for the additional iasueed shall =inform Sr. that aLtrtentent; prj however, that the Et:tub-actual iradernuirication language of the agrecmerg is ralid under the haw iht tat the c:neat formed. if the written avetment providm. that a Itticaler saes law il1 apply, 4bc:A prmision will be krinered. B. Wither Of Subropatteia loor any additional, irvotttel (belt obtains iretured statu r. c= this ?dicky tin.-o urea Prnageapli A. a'ooite, we waive any right a irtmmy we may have art the :034.itiooti imtreti. V..--••••••— of paymer.ts mak for 'today iiiithry". prqtrty damage' or 'pezonal aud ad%rertislow injaty to witick, !his ipZer.InCe C. EXCitSitreS Thj iestra.ace dos nM apply to-. 1. Aay premises or equipment leased to you. 2, ..j.ey coreEro,--zia: du-I.:Ai:L.:on operatiorz 'ay bekalf of your of inct-se operating on you; behalf. O. Other fount/ate The iranzauce pro by ihiE snderierr,c,ra ppii afv c.-.,-.,1,zeaEes aud liniks of item:atm required by written agreement, but ta no event mitt erk oither the sce;re 33-..erage. %irk; iaeriCE avitilabit wkitin This insurance shaft be et:cese over acre othe itasutauce avaiia kilt. tn. the. adcliiiona! insured, .vinsttier such is On an excess; tontingent or prinray ba. unims you are &fig-4.11A too:kw a written agreement liability insurance foe that additional irzrzed ea any carer basis. n that c-vtat,14i5 policy wii apply solely the bask- required by such written agreement.. To tile th.:41 'en= O-"..:glittoisai . any C.4.i.'".7:T a defense, we shalt share that right with th-a additional insured. 31 •19 13. eni;e 7 See neg page Avattublb Ituntir. 71, 20/ 0E1.09,1 co.s69. .11.Acr.rnmor4.41. INSURED -...4iiCHUNIZTE:. ENGiEti-S SURTEIIORS A. SatiOill Who Is An imid is an-Loaded k inoludq... rtS.R9 Adijitirnal any architect crigtricer, tngazed by you but only with respect to ii obi iity for "bodily in:turf, "property damage' e 'pe.rt-er.a! -tt ativerli!ing causc.d, tit wiole or in part, hI your acts or omissions ro tip! acis r.3: omissions. of rhrjr... dig on your be hiti I. In connection with your pros or • Itt thr. performance d your ongoing opc-rations- R. With respuct insurance afforded t iiis dditional itured-s, the following additionat excl=ion Thiz 2rirrik arg.I nut or the rendering of or tho taiiore to rendor any pror,wional sc.:vices y or for yen, incluaing: I, in me paring, a ppr ovine os falling re prepare or approve, rnps, shop drawino, opirens, re par ortIcTs, change order tizaw4op and specificatiora; or Z. SuPervisory, impediort, ascii:Act:tura! or engineering sdivitieS- ixe;#31 13-AtiAnTICINAL INSURED -STATE, MUNICIPAL= ox poLnIcAL su BDIVISION - FR MT SeUicia 11 - Who In An W-ed is a:fronded to indode as an ad:tit:tonal i=ti.41 any sum innuiciprititv r Pic-e-iyon with respect to any Opetaiirs= pi:gemmed by you; of imp vow- vtiiicin, Lite natt, ipa politica! sondivistort has issued a permit. HOWGVET, this insurance does nut upprty to: I.. 'r,roportytittz-Agb- Rrtz.: inkrf RELS72-.Ag fr:L.1 F..Ef pe.rtz:..-rms..:4 in; tnc state, ontr—cipaitity or pothical subdivisior.; 2. A 5Y ;7!:11i-f zbzr-zge Wnin th vrilen rk y written contract or arte=eat. initiated prior to Ipso: os .inoszt• part, by r.-.-.: or ay.= acting on Ivor behalf. itan 4,4131.7,MUNAL. iN5U4P.D AND WkilliiTt Ft OF SUffROGKCION LESSOR OP LEASED EQUIPMITQN7 A- Scotian i - Who Is Au insured is kalendietti tr, ;n■-i,•Flt !I! whal you icasc equip-A-mut valcA -to.v. and wet nelson ta tap, hays. aRrett,i ite sta k.-rt urganiutiun be added as an adtlitionat tau:red irilyer'igv S■qtli re,!SCI fmly tt.-4 iojurf, "property dumnia: or 'personal toirwt-nisinft =47=4, -Ao1e, pnft., tgL =1"-tt rqtrinr.tcrit klasettl =.;.& ycts ty.F. dar4g_;474"..- 'Per.32111.11 arid oti.Fcrtisirtf: itaiarv• :17 tai ;3-at S,L1; Ct rhEt 24'-'4E11531Zti C5Z aCting thn. fc.r g'ai7.711r :77 7-7,Ci-0117•D Y-Faf:ver tqw add:dun-4i :astraa d rec.:T[41:y tlm may imea agaimt dri;ki7,71 111!z11.1171: FAymn-r...7s pri;;;;-31:y ania 1.1.7 "-C.c r5Giiiii. arid adVertigiiiii iijiie rails...J.4 i. hym gp-zrvicq: t.,Vipmezt -yrici by such persob irr:r C. Oarei rais 1+:11:Eiji hE C-Wrt51 4"..?Yr.,F any othr.r is am zi t comciageat of primary ■Maa. u.,;afr insuzaarie Far that additional insured GU any nth:, zacirrd by sncir welEien agrzemeni. g-rz tAir,-.7.-t that j.„. - • lieff:1‘14!„ Vef.: fiaTtr. thar. :tem KNOW!(? flr orrrlr,10.-Ficzz at-1-4 thy, foReraiT:i,--; n'e,:gt` tr% Y aher iuy Will 1nsnr401.71% Ar "5k zest•-••=itilitim. ft' t VIIVITENIIONAL Rezmnr.s ay.n - uamaltticani Eic•rieral L LV Conei;iicun amersitti !.!re MY U JUJI lven" OtnisSien am'. fidcrc tg; cOVCMd bY this perticywili nr* invoid*.t "t you ,-;.;:za girat w.i.t1 caul- mitkion id us as sobs 5. prrwricalyir, 00“. Ti';" ZrL:::-7:; ;Z.' 1-1;7:7.; +=,==.:;■-;uvi; twir r:grd: cariceliaaart r•-;t1t:WiL. !it= 17 INRYP.:t • --- `yr .; toniarnii odily injury" ',learn; holy 14.1111 af any rime from 5.110i hnrs brit 317,-..F4T7A qx mez....al or amelionai IJLnU Or tiistrew: !h”.• !!!!".MILE Ef"IPMENT lanns•rn•87.r.r-z. FaTz.7.77:1-% f . pottzet. 1,4.= vericit. 1 SETrrILEMRTrAirs' PAIINIErtrr; 7 zrz rctsp-taiix:•:y, ace repiace.cs with; L 3 Ci O 13e1-1 AV21i2Vrie! liA1.242e .7711g EP- $2y-501..-1- c f tIngtiF. zny nructc Ii Elt.)414y Injury ability Cortoram avOts. W c Kot !lava foigcrrablc exezrzs illEUTTLEI Iv tbr, ,r ur o sut; • 31i:tumuli, ski Witirkiiated lass of efitnin.pA te..5(.0 a day hat:in:II!, 1..;rfit, iff fr:trin zu. BEIriALIZA'riali t -ecu ;..;caczai LJ4iiiL Cuittliciolo. is a arielido4 P.ft eiJEt rolirrmine:7 If we adrift tbAgr. r MIS ferns or rule. witich -:.43.1.but -,-.74:•.; bfO3CIDF CWitraffe will apply Ic this policv. This E-..Ntensirm elfir;ctive u0,12-1. the 4 5;N•zh la yaw Auto. La 3180 LaSt Insured: Baran Commercial, Inc. V THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Y GARAGE 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 moth_ Pied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Refer to Designated Insured Schedule Name of Persons) or Organization(s): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An insured Provision contained in Section H of the Coverage Form. Policy No: ASJ- Z91- 455267 -020 Effective Date: 09/12 /2010 Expiration Date: 09/12/2011 Sales Office: 0949 Issued By: Wausau Underwriters Insurance company CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 rt Page 1 of 1 Insured: Barcom Commercial, Inc. Policy# TBJZ91455287030 b Rest .wailahie image 1712010 09-7,300n46 THIS ENDORSEMENT CHANCES TI1R POLICY. PLEASE READ IT CAREFULLY. Texas Changes • Amendment of Cancellation Provisions or Coverage Change Thin endorsement modifies insurance provided ,Ender the following! JCOIviMERCJAL GENERAL I,JABII.ITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE UAIIII.ITY COVERAGE PART POLLUTION UAHILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABI I.JTY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART in the mai. acarkleila1ion or fC? sTil.11.: "1001' L°`z, SvY�Tr. ;'' :':"'tea"- ":."` -� r"- .._[ -� ... `�:Fs..viw» ur �ii5 vVC Yved ILI mail prior written notice of cancellation or material chaise;n. Sekedett r • zNL.""i^ dxi I I Advance Notice ,,...F.".,3 ASP —� [ 152& W CAk TG 130 . j L :FR...DO Ti". 18 0 4 1. � FROST PLAZA LTD I, GO t CARA Ni A 1 30 ___ _.1 1 I CORPUS CHRISTI X '7E470 l _ " f .C' E. FC � A S `"-s - t.:-.3_c iU� K t'.L j 5 sS is CAI' C .tiErk 3A. St 4 z --____. `.2 , I i . AF; i I ,.?JlI'f: knre:- p. .T N F _7 Fr, 7 f r 1 'BA°..Y. LTD 1 .f, 7Y4`fl.sv 9 �'S ... 3D ... VSL `l L Bu i:'r i_i,A LSD t. �[ 1.: r%4 is r.. 7.,4: S.a r.. tom, � <w .....^. :l_k6i.`i:rE T. ,.....: -; 1 BAST r ii :r z w O�Oa ?C —_.. i ▪ :- ir�g 010:90 F. E i - L. I i Cr .n....__ ---- ;; '; a s : ui;S� c ! i F 3: A .F.CORPUS , - .....� �.. LCPREFT-7:5 • -c .. .. +e , i..4 z.- @v - YT71- a. . . OF 01-.; i.- j'T7 3 2 S 2.w Crt _ _ ___,..1 1 i'l�{5OO.1cts L,� - ki:��.'i :.T".A.-� v i.01.1:_ s -11.a0 IP.( ?O. k� , t ' iii .m._...�, -r E� u I .'4+•T.. isi Y ot -w?, to :x. • Iksl .1raiLib1r ImnRe CB RICHARD ELLIS INC . 802 N CARANCAHUA STE 510 30 AND CC FROST PROPERTIES LTD CORPUS CHRISTI TX 78470 CB RICHARD ELLIS INC 800 N SHORELINE BLVD 30 & ONE SHORELINE PROPERTIES 4100 N LLP CORPUS CHRISTI TX 78401 CORPUS CHRISTI RETAIL 1600 W 7111 ST STE 400 30 VENTURES LP FORT WORTH TX 76102 CHRISTUS SPOHN SHORELINE 600 ELIZABETH 10 HOSPITAL CORPUS CHRISTI TX 78404 1702 SANTA FE 30 CORPUS CHRISTI TX 78404 2806 HOSPITAL BLVD �30 CORPUS CHRISTI TX 784D5 PO BOX 9277 30 CORPUS CHRISTI TX 78469- 9277 PO BOX 9277 30 CORPUS CHRISTI TX 78469- 9277 CHRISTUS SPOHN HEALTHCARE SYSTEM CHRISTUS SPORN MEMORIAL MEDICAL CENTER CITY OF CORPUS CHRISTI ATTN: SOLID WASTE CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SVCS ATTN: CONTRACT ADMINISTRATION CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT OFFICE OF FACILITIES & OP COSCI- CALPINE OPERATING SERVICES COMPANY INC CORPUS CHRISTI PROPERTIES CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT CITY OF CORPUS CHRISTI V/ CITY OF CORPUS CHRISTI °ENGINEERING SERVICES CONTRACT ADMINISTRATOR COTTA PROPERTY MANAGEMENT DEL MAR COLLEGE DISTRICT EAST CAMPUS DEL MAR COLLEGE 771201977300049 PO BOX 110 30 CORPUS CHRISTI TX 78403 3952 BUDDY LAWRENCE DR 30 CORPUS CHRISTI TX 78407 3817 S ALAMEDA STE B 30 CORPUS CHRISTI TX 78411 801 LEOPARD 30 CORPUS CHRISTI TX 78403 2406 LEOPARD ST 30 CORPUS CHRISTI TX 78408 PO BOX 927/ 30 CORPUS CHRISTI TX 78469- 9277 LLC 5350 S STAPLES STE 319 30 CORPUS CHRISTI TX 78411 101 BALDWIN BIND 30 CORPUS CHRISTI TX 78404 101 BALDWIN BLVD 30 CORPUS CHRISTI TX 78404 3001 AYERS ST 30 CORPUS CHRISTI TX 78404 3026 S PADRE ISLAND DR 30 CORPUS CHRISTI TX 78403 PO BOX 2609 30 CORPUS CHRISTI TX 78403 PO BOX 2972 30 WICHITA KS 67201 9900 BREN RD E 30 DEL MAR COLLEGE IT'S RELENTS AND EMPLOYEES f ED HICKS IMPORTS LTD LIMITED PARTNERSHIP FLINT HILLS RESOURCES LP FLINT HILLS RESOURCES LP GRAI4ERCY CAPITAL CORP C/O JONES LAND LASALLE MINNETONKA MN 55343 CG 02 03 12 04 12-04 Pagc 2 of 4 GRIFFIN PARTNERS ATTN: DENISE LOPEZ JACO & MCC JOINT VENTURE LLP LAREDO INDEPENDENT SCHOOL DISTRICT LAVERNIA INDEPENDENT SCHOOL DISTRICT LINCOLN HARRIS CSG neg lim. c 2-.7110.1000977300050 555 N CARANCAHUA STE 220 CORPUS CHRISTI TX 78478 30 5990 GREENWOOD PLZ BLVD STE 205 GREENWOD VILLAGE CO 80111 1702 HOUSTON ST LAREDO TX 78040 13600 US HWY 87 W LAVERNIA TX 78121 30 30 30 LINCOLN PROPERTY COMPANY MALEK INC ATTN: DAWN SCHETZSLE 3301 S ALAMEDA STE 303 CORPUS CHRISTI TX 78411 30 NAVY ARMY FEDERAL CREDIT UNION NAT REOC PARTNERS PO BOX 679 CORPUS CHRISTI TX 78403 PO BOX 81349 CORPUS CHRISTI TX 78468- 1349 30 30 NUECES COUNTY HOSPITAL DISTRICT NUECES COUNTY OLD LrPAN LTD 802 N CAI?ANCAHUA #510 CORPUS CHRISTI TX 78410 30 555 N CARANCAHUA STE 950 CORPUS CHRISTI TX 78478 901 LEOPARD ST CORPUS CHRISTI TX 78401 30 30 PHARR -SAN JUAN -ALAMO INDEPENDENT SCHOOL DISTRICT 615 S UPPER BROADWAY CORPUS CHRISTI TX 78401 30 PHARR -SAN JIiAN ALAMO INDEPENDENT SCHOOL DISTRICT RABALAIS I & E CONSTRUCTORS LTD ATTN: KATHY RICHARD RETAIL HANDYMAN 601 E KELLEY PHARR TX 78577 800 S STEWARD RD SAN JUAN TX 78589 30 30 PO BOX 10366 CORPUS CHRISTI TX 78460 30 RETAIL MAINTENANCE SPECIALISTS LLC PO BOX 87977 CAROL STREAM IL 60188 30 SOUTHERN AMERICAN INSURANCE ATTN: AL MCCLURE TEXAS DEPT OF TRANSPORTATION CST - CONTRACT PROCESSING UNIT TEXAS GENERL LAND OFFICE AND TEXAS VETERANS LAND BOARD CONSTRUCTION SERVICES TEX -LAN COMPANY TRAVELERS PROPERTY CASUALTY ATTN: RICHARD SAUCER CITY OF CORPUS CHRISTI 1 MEMORIAL DR WATETOWN NJ 08758 8203 WILLOW PL S *500 HOUSTON TX 77070 200 E RIVERSIDE DR AUSTIN TX 78704 30 r3 0 30 1700 N CONGRESS AVE 30 STE 700 AUSTIN TX 78701 2402 BROADMOOR 30 BLDG D -11 STE 101 BRYAN TX 77802 4650 WESTWA3i PARK BLVD 30 HOUSTON TX 77041 PO BOX 9277 CORPUS CHRISTI TX 78469- CG 02 0512 04 12-04 30 Page of 4 Besi A.wikable Li t7110100o977300051 CGOIOS 1204 12-04 Page 4 o 1 4 9277 THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO 7703 FLOYD CURL DR SAN ANTONIO TX 78229 - 3900 30 US MAINTENANCE COMPLIANCE DEPARTMENT PO BOX 2468 SOUTHEASTER PA 19399 30 WELLS FARGO BANK NA AS TRUSTEE CIO TRAMMEL CROW CO 800 N SHORELINE #100 N CORPUS CHRISTI TX 78401 30 THE WHITING- TURNER CONTRACTING CO 13105 NORTHWEST F'RWY STE 105 HOUSTON TX 77040 30 CALPINE OPERATING SERVICES COMPANY INC ATTN: CONTRACTS DEPT 1180 IRON POINT RD STE 300 FOLSOM TX 95630 30 BROOKDALE SENIOR LIVING 111 W PLACE STE 200 30 BRENTWOOD TN 37037 J CGOIOS 1204 12-04 Page 4 o 1 4 insured: Barcom Commercial, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, Liberty EXPRESS" Auto Enhancement Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM [. Newly Acquired or Formed Organizations II. Employees as Insureds III. Lessor - Additional Insured and Loss Payee IV. Supplementary Payments - Increased Limits V. Fellow Employee Coverage VI. Personal Property of Others VII. Additional Transportation Expense and Cost to Recover Stolen Auto VIIL Airbag Coverage IX. Tapes, Records and Discs Coverage X. Audio, Visual and Data Electronic Equipment Coverage XL Physical Damage Deductible - Single Deductible XII. Physical Damage Deductible - Glass XI1L Physical Damage Deductible • Vehicle Tracking System XIV. Duties in Event of Accident, Claim, Suit or Loss XV. Uuintentional Failure to Disclose Hazards XVL Worldwide Liability Coverage - Hired and Nonowned Autos XVIL Hired Auto Physical Damage XVIII. Auto Medical Payments Coverage Increased Limits XIX. Drive Other Car Coverage - Broadened Coverage for Designated Individuals XX. Rental Reimbursement Coverage XXI. Notice of Cancellation or Noarenewal XXII. Loan/Lease Payoff Coverage XXIII. Limited Mexico Coverage XXIV. Waiver of Subrogation L NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words you and your also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization, or 2. The end of the policy period, whichever is earlier; and C. The coverage does not apply to an "accident' which occurred before you acquired or formed the organization. fi. EMPLOYEES AS INSUREDS Paragraph A. 1. Who Is An Insured of SECTION II - LIABILITY COVERAGE is amended to add: AC 84 07 05 09 Copyright 2008 Liberty Mutual. All rights reserved. Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Your "employee" is an insured while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. 111. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A. Any 'leased auto" will be considered an "auto" you own and not an 'auto" you hire or borrow_ The coverages provided under this section apply to any "leased auto" until the expiration date of this policy or until the lessor or his or her agent lakes possession of the "leased auto" whichever occurs first. B. For any "leased auto" that is a covered "auto" under SECTION Il - LIABILITY COVERAGE. subparagraph A.1., Who Is An Insured provision is changed to include as an insured the lessor of the "leased auto." However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: I. You. I. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating a leased "auto" w ;in the permission of any of the above. C. Loss Payee Clause I. We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered "leased auto." 2. The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor of a "leased auto," we will obtain his or her rights against any other party. D. Cancellation 1. We may cancel the policy as allowed by the CANCELLATION COMMON POLICY CONDITION. If we cancel the policy, we will mail notice to lessors of "leased autos" which are on file with the compahy, Such nonce will be the greater of 30 days or the same notice period we afford you. 2. If you cancel the policy, we will promptly mail a notice to lessors of "leased autos" on file with the company confirming: a. That you have initiated cancellation of the policy, and b. The effective date of the cancellation. 3. Cancellation ends this agreement. E. The lessor is not liable for payment of your premiums. F. For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such "leased auto." "Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the AC 84 07 05 09 Copyright 2008 Liberty Mutual. Alt rights reserved. page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. XXIII. LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MA'T'ER IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM ALICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B. 7 of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following; The coverage territory is extended to include Mexico but only if all of the following criteria are rnet: a. The "accident" or "loss" occurs within 25 miles of the United States border: and b. While on a trip into Mexico for 10 days or less: 2. For coverage provided by this Section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: 11 a "loss" to a covered "auto" occurs in Mexico. we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value, of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXIV- WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV- BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of accident, to waive rights of recovery against such person or organization. AC 84 07 05 09 Copyright 2008 Liberty Mutual. Alt rights reserved. Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission, Schedule Premium Liability $150 FC Physical Damage $100 EC Total Premium $250 FLAT CHARGE V_ Fellow Employee Schedule of Employees: NOT APPLICABLE XIX. Drive Other Car Name of Individual LIAB MP UM U1M COMP COLL DAVID & ELAINE HOFFMAN X X X X X X XXL Notice of Cancellation or Nonrenewal Name and Address SEE ATTACHED SCHEDULE This endorsement does not apply in: CT, FL, MA, NY & VA Policy No: ASJ -Z91- 455287 -020 Effective Date: 09/12/2010 Expiration Date: 09/12/2011 Sales Office: 0949 Number of Days 30 Issued By: Wausau Underwriters Insurance Company AC 84 07 05 09 Copyright 2008 Liberty Mutual. All rights reserved. Pege 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission, Insured: Barcom Commercial, inc. J CHANGE IN CANCELLATION CONDITION ENDORSEMEM (THIRD PARTIES) Any term or provision of the Cancellation Conditions of the policy or its endorsements to the contrary notwithstanding, if we cancel because you fail to pay any premium when due, we will mail or deliver to the parties named in the Schedule below not less titan 10 days' advance written notice stating when the cancellation is to take effect. if we canoe' for any other reason, we will mail or deliver to the parties nar17ed in the Schedule below not less than 30 days' advance written notice stating when the cancellation is to take effect - Mailing that notice to those parties at the mailing address shown in our records for each such party will be sufficient to prove notice. Any provision of this endorsement that conflicts with any law or regulation that controls the cancellation of the insurance in the policy is changed by this statement to comply with that law or regulation. City of Corpus Christi Dept of Engineering Services P.O. Box 9277 Corpus Christi, TX 78469 -9277 Schedule This endorsement is executed by She Wausau Underwriters Insurance Company 18996 Premium $ Ettactive Date 9/12110 Expiration Date 9/12111 For attachment to Policy No. W CJ- 29 - 45 5 287-010 Countersigned by` -_- --. A mired Representative End. Serial No. 10 WC 99 06 48 Page 1 of 1 Ed. 1 0/1 8/2000 Insured: Barcom Commercial, Inc. TEXAS WAIVER OFOUR RIGHT TO RECOV9R FROM OTHERS ENDORMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Iterrl 3.A. of the Information Page. We have the right 10 recover our payments from anyone liable ter an injury covered by this policy_ We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respecl to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall nol operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. 1. ( ) Specific Waiver Name of person or organization Schedule (X) Blanket Waiver Any person or organization for whom the Blamed Insured has agreed by written contract to furnish this waiver 2. Operations_ 3. Premium: The premium charge for this endorsement shall be 2.0 percent of the premium developed On payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement is executed by the Wausau underwritera Insurance Company 18996 Premiums Effective Dale 9/12fj0 Exp{ralion Date 9112)11 For emichmentto Policy No. wC .1- 291 -4552 B. -010 Counlersignec by WC 4203 04 A Page 1 of 1 Ed. 1/2000 End. Sepal No. 6 Insured: Barcom Commercial, Inc. POLICY NUMBER: CMP 5639345 02 COMMERCIAL INLAND MARIINE IH9s220403 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE This endorsement modifies insurance provided under the following: BUILDERS RISK COVERAGE FORM COMMERCIAL FINE ARTS COVERAGE FORM COMPUTER SYSTEMS COVERAGE FORM CONTRACTORS EQUIPMENT COVERAGE FORM DIFFERENCE IN CONDITIONS COVERAGE FORM FINE ARTS DEALERS AND GALLERIES COVERAGE FORM INSTALLATION COVERAGE FORM INSTALLMENT SALES AND LEASED PROPERTY COVERAGE FORM MACHINERY AND EQUIPMENT COVERAGE FORM MOTOR TRUCK CARGO OWNERS COVERAGE FORM RADIO AND TELEVISION TOWERS AND EQUIPMENT COVERAGE FORM SCIENTIFIC AND MEDICAL DIAGNOSTIC EQUIPMENT COVERAGE FORM SCHEDULE* Pram. No. Bldg. No. Description Of Property Loss Payable Project No. E0946 CCIA Rehabilitate Terminal Building FAA AIP No. 3-48 -0051 -046 -2010 1' CITY OF CORPUS CHRISTI DEPT. OF ENGINEERING SVCS ATTN: CONTRACT ADMINISTRATOR P 0 BOX 9277 CORPUS CHRISTI,TX 78469 -9277 if _ ..."........._. . ---...:. ,.. 4.44,: *Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declara. Lions. PROVISIONS For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest, we will_ A. Adjust losses with you; and B. Pay any claim for loss or damage jointly to you and the Loss Payee, as interest may appear. IH 99 22 04 03 ©ISO Properties, Inc., 2003 Page 1 of 2 SCHEDULE" rem. No. Bldg. No. Description Of Property Loss Payable "information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declara- tions. IH 99 22 04 03 cOISO Properties, Inc„ 2003 Page 2 of 2 0 POLICY NUMBER CMP563934502 IL 12 Os 0403 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS POLICY CHANGES Eftecdve Date of Change: 9/12!10 Change Endorsement No. Named Insured: Barcom Commercial, Inc. The following ifem(s): is (are) changed to read {See Additional Page(s)}: THIS ENDORSEMENT MODIFIES INSURANCE UNDER THE COMMERCIAL INLAND MARINE COVERAGE PART. THE FOLLOWING IS ADDED TO THE CANCELLATION COMMON POLICY CONDITION: IF EITHER WE OR THE NAMED INSURED CANCELS THIS POLICY, WE WILL MAIL OR DELIVER THE FOLLOWING ENTITIES WRITTEN NOTICE OF CANCELLATION 30 DAYS BEFORE THE EFFECTIVE BATE OF CANCELLATION, The above amendments result In a Change in the premium as follows: IL 12 06 04 03 (Authorized Agent) © ISO Properties, Inc_, 2002 Page 1 of 2 0 Original Insureds Name ■ nsureds Mailing Address Policy Number Company EfecdveIExpiration Date 1 Insureds Legal Status/Business of Insured 1 Premium Determination x Additional Interested Parties Limits/Exposures Coverage Forms and Endorsements Covered Property/Location Description II Deductibles Rates Classifiication/Class Codes is (are) changed to read {See Additional Page(s)}: THIS ENDORSEMENT MODIFIES INSURANCE UNDER THE COMMERCIAL INLAND MARINE COVERAGE PART. THE FOLLOWING IS ADDED TO THE CANCELLATION COMMON POLICY CONDITION: IF EITHER WE OR THE NAMED INSURED CANCELS THIS POLICY, WE WILL MAIL OR DELIVER THE FOLLOWING ENTITIES WRITTEN NOTICE OF CANCELLATION 30 DAYS BEFORE THE EFFECTIVE BATE OF CANCELLATION, The above amendments result In a Change in the premium as follows: IL 12 06 04 03 (Authorized Agent) © ISO Properties, Inc_, 2002 Page 1 of 2 0 Original POUCY CHANCES ENDORSEMENT DESCRIPTION Barcom Commercial, Inc. 30 DAY NOTICE OF CANCELLATION FOR CERTIFICATE 'HOLDERS City of Corpus Christi Dept. of Engineering Services P.O. Box 9277 Corpus Christi, TX 78469 -9077 REMOVAL PERMIT if this policy Includes the Commercial Property Coverage Part, or the Capital Assets Program (Output Ply) Coverage Part with all property scheduled on the Scheduled Location Endorsement OP 14 01, the following ap- plies with reaped to that Coverage Part If Covered Property is removed to a new location that is described on this Policy Change, you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply In the proportion that the value at each location bears to the value cif all Covered Property being removed. This permit applies up to 10 days after the effective date of this Poky Change; after that, this insurance does not apply at the previous location. Page 2 of 2 )iSO Properties, Inc., 2002 IL 1206 04 03 0 Original