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HomeMy WebLinkAboutC2010-478 - 11/16/2010 - Approved2010-47'8 M2010-285 11/16/10 MB Western Industrial _. FINAL SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation FOR PARKS AND RECREATION DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 351/826-3464 ~i' `~> 'G©RPl3 ~N9~iSZ'! ~.4F~K~~ RECFXER7tC7CV t3.LV L~ x DEPAR'T`MENT OF ENGINEERING SERVICES CITY OF CORPTFS CHRISTI, TEXA5 Phone: 361/826-350D Fax: 361/826-3501 Prepared by URS Corporation 711 N. Carancahua, Suite 1620 Corpus Christi, Texas 78401-0572 m PROJECT NO: 5243 DRAWING NO: PBG-757 ~OrL ~1/ 1 D Billing's Bait Stand and Clem~s Marina Boat Ramp Rehabilitation Project No. 5243 Table of Contents NOTICE TO BIDDERS (Revised 7/5/001 NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requiremeaats NOTICE TO CONTRACTORS - B (Revised 7/s/ao) Worker's Compensation Coverage for Building or Construction Fro~ects Fvr Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place: of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award ' r A-5 Items to be submitted with Proposal A-6 Time of Completion/Liquidated Damages. A-7 Workers Compensation Insurance.Coverage A-8 Faxed Proposals _ A-3' Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services .- A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials -~ n-lam ~`~.e~.d-8~~ee {Not IIsed) A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification ~-- A ~~ Pr~~-eet-,S- (Not i7sed) A-22 Minority/Minority Business Enterprise Participation Policy {Revised IO/98) (I~7ot Used} A-24 Surety Bonds _n 2r rain, .F•~,. W,~c»,.,~-,~.. P7fl LONGER APPLICABLE {6/11/98) (Not used) A-28 Considerations 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 Wark and CYi.ange Orders A--32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents A-35 ---.~ ..__-- ---_.-_---- -r--....,.- _....1 .............,..~..... {Not. Used) .-. A-36 Other Submittals (Revised 9/18/00)- A-37 e~e~-~-Arrangementand Charge €~er inter L''==---='-=="-' '~y t`_ C_t j „ {Not Used) City of Corpus Christi Page i of iii Project 5243 Final: 06/23/2010 A--38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities (Not Used) _ A-40 .Amendment to Section B-8-6: Partial Estimates -- -- ------ ---- -w..~, (Not Used) A-42 OSHA Rules ~ Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Qrders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00} {Not Used) (Not Used) A-48 Overhead Electrical Wires {7/5/fl0} A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress PART B -- GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S -- STANDARD SPECIFICATIONS 021080 REMOVING OLD STRUCTURES (5-55) 030020 PORTLAND CEMENT CONCRETE (5-40} 032020 REINFORCING STEEL (5-42} 0380D0 CONCRETE STRUCTURES {5-41) PART T - TECHNICAL SPECIFICATIONS 022021 CONTROL OF GROUND WATER 02453 PRESTRESSED CONCRETE PILING 02469 COMPOSITE SHEET PILING 05120 STEEL MISCELLANEOUS METALS 06100 ROUGH CARPENTRY FOR BOAT RAMP 06200 CONCRETE FINISHING FOR LAUNCH RAMP LIST OF DRAWINGS 1. TITLE SHEET, VICINITY MAP AND SHEET INDEX 2. LEGEND AND ABBREVIATIONS 3. GENERAL NOTES 4. CLEM'S MARINA EXISTING SITE PLAN (PHASE 1) 5. CLEM'S MARINA PHASING PLAN (PHASE 1) 6. CLEM'S MARINA DEWATERING PLAN AND SECTIONS (PHASE 1) 7. DEWATERING NOTES (PHASE 1&2) 8. CLEM'S MARINA DEMOLITION PLAN (PHASE 1} 9. CLEM'S MARINA STIE PLAN (PHASE 1) 10. CLEM'S MARINA BOAT RAMP PLAN (PHASE 1) 11. BILLING'S BAIT STAND EXISTING SITE PLAN (PHASE 2) 12. BILS~ING'S BAIT STAND PHASING PLAN (PHASE 2) 13. BILLING'S BAIT STAND DEWATERING PLAN AND SECTIDNS (PHASE 2) 14. BILLING'S BAIT STAND DEMOLITION PLAN (PHASE 2) 15. BILLING'S BAIT STAND STIE PLAN (PHASE 2) 16. BILLING'S BAIT STAND BOAT RAMP PLAN (PHASE 2} 17. BILLING'S BAIT STAND BULKHEAD SITE PLAN, ELEVATION AND DETAILS (PHASE 2) 18. BOAT RAMP SECTIONS 19. BOAT RAMP DETAILS SHEET 1 OF 3 20. BOAT RAMP DETAILS SHEET 2 OF 3 21. BOAT RAMP DETAILS SHEET 3 OF 3 ~,f City of Corpus Christi Page ii of iii Project 5243 Final: 06/23/2010 BORING LOGS STORM WATER POLLUTIDN PR$VENTION PLAN (SWPPP) NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT. PERFORMANCE BOND PAYMENT BOND City of Corpus Christi Page iii of iii Project 5243 Final: 06/23/2010 ~OT3CE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the Ca.ty of Corpus Christi, Texas for: Billing's Sait Stand and C1euE's Marina Soat Ramp Rehabilitation, Project No. 5243; consists of Demolition of existing boat ramps, installation of new concrete °- piles, composite sheet. pile, courtesy docks, hardware and new concrete boat ramps _ in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until, Z:00 .zn. on wednesda sul 14.-2010, and then publicly opened and rea Any bi receive a ter c os~ng time will be returned unopened., A pre-bid meeting is scheduled for 10:00 a.m., Wedrsesda , Jul 7, 20].0 and will be conducted by the City. T e ocatian o t e meeting ~ w~S be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Carpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will. constitute a non-responsive proposal which will not be considered. Failure to. provide required performance and payment bonds for ~,_ contracts over $25, 000.00. will result in forfeiture of the 5 o bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within-two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fift and no/100 Dollars {$50.00) as a guarantee of their return zn goo con itzon within two was of bid date. Documents can be obtained by mail upon receipt of an additional {$10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the- contract documents obtainable at the office of the City Engineer and. the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. '"` The City reserves the right to reject any or all bids, to waive irregul.a~rities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the ;_,_, public .. CITY OF .CORPUS CHRISTI, TEXAS ~~ /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 L. NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANGS MINIMUM INSURANCE GOVERAGS 30-Day Notice of Gaacel7.atiaa required on Bodily Injury and Property Damage all certificates PSR OCCL3RItRNGE / AGGREGATE Commercial General Liability including: $2,000,006 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage S. Independent Contractors 9 . Qersona.l Injury AU'T'OMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABII,TTX $560,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT. PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term environmental impact for the disposal of NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-I1 and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED INSTALLATION FLOATER See Section 8-6-11 and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED Page 1 of 2 -, The City of Corpus Christi must be named as an additional insured on a1~. coverages except worker's compensation liability coverage. The name o£ the project must be listed under "description of operations' on `"~' each certificate of insurance. ~'or each insurance coverage, the Contractor shall obtain an endorsement to ,~_, the applicable insurance policy, signed }ay the insurer, providing the City with thirty (30} days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the ether endorsements to insurance policies or coverages which are specified in ~- section 8-6-11 or Special Provisions section of the contract. A completed "Disclosure of Iaterest" must be submitted with your proposal. ~, Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-5500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS NOTICE TO CONTRACTORS _ B WORKER'S COMPENSATION INSURAi~CE REQUIREMENTS r.. ~-.~ Page 1 of 11 Texas Administrative Cede TITLE 28 SNSURANCE PART 2 TEXAS DEPARTMENT OF INSLFRANGE, DIVISIOI~T OF WORKERS` COMPENSATION CnAI'TER 11Q RE~T7IRED NO'T'ICES OF COVERAGE SUBC~TER B EMPLOYER NOTXCES RUDE §1I0.11U Reportirrg Requirements for Suzlclirtg ox Coxastruci~on Projects fai• Go~ernnientalt ~titi.es (a} The following words and terms, when used in this rule, shall have the following zneaczings, unless the context clearly indicates otherwise. Terms not defined in this rule shad have the meaning defined in the Texas Labor Cade, if so def ned. {l} Certif cote 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 {TWGC-81, TWGC-82, TWCG-$3, or TWGC-$4), 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 Cade, {3}Contractor--A person bidding far or awarded a building or construction project by.a governmental entity, (4} Coverage--Workers' compensation insurance meeting the statutory requircntents of the Texas Labor Code, §401_U11{44). (5}Coverage agreement--A written agreement an form TWGC-81, form TWGC-$2, form TWGC-83, ar form TWGC-$4, 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 )~ 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 tune from the beginning of work on the project until the ~,vork on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §40fi.09G ofthe Aet)--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 perfozrn 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 ftErnishing persons to perform services on the project. Page 2 of l 1 "Services" includes but is not Iimited 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_ (S) 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 alI employees ofthe insured who are providing services on the project are covered by workers` compensation coverage, that the coverage is based an proper reporting of classification codas and payroll amounts, and that ail 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 ar misIeading certifcates of coverage, or failing to provide ar 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; {2j 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 ~vark an the project; (4} obtain froze the contractor a new certificate of coverage showing extEnsiarz 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 (B} 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 ofcaverage an file for the duration oftlie project and for three years thereafter; (b) 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 l for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific - document in which they are contained ar to impose stricter standards of documentation: Attached ~, Graphic Page 3 of l ] (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 ofclassification codes and payroll amounts and filing of any coverage agreements; (2} provide a certificate of coverage showing workers' compensation coverage to the governrnentaI 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 praject; (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 an the praject, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B} rro 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 daring tlae duration of tlae project; (5} retain all required certif sates of coverage on file for the duration of the project and for one year thereafter; (6} notify tl}e governmental entity in writing by certified mail or personal delivery, within ten "' days after the contractor lcrlew or should have known, of any change that materially affects the , provision of coverage of any person providing services an 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 irr~.posed by ._' the Act or other commission nrles. This notice must be printed with a title in at least 3Q paint bald type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language caxnmon to the worker population. The text for the notices shall be the fallowing text provided by the commission an the sample notice, without any additional wards ar 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 far all of its employees providing services on the praject, for the duration of the prnject; `~ {B} provide a certificate of coverage to the cnntractor 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} -~ ofthis section; Page 4 of I 1 (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 froth 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 certif cote of coverage ends during the duration ofthe project; _ (P) retain al[ required certifica#es of coverage oxx file far the durations of the project and for one year thereafter; (Cr) notify the governmental entity in writing by certifed mail or personal delivery, within ten days after the person knew or should have known, of any change that nttaterially affects the provision ofcaverage of any person providing services ora the project; and (H) contractually require each other person: with whom it contracts, to perform as required by subparagraphs (A)-(~} ofthis paragraph, with the certificate of coverage to be provided to the --~ person far 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 tl-e 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 aself-insured, with the corr~mission's Division of Self Insurance Regulation. Providing false or misleading information may subject the contractor r 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 fine 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 far 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 ,~.: (S) contractually require each other person with whom it contracts to. {A) provide coverage based an proper reporting of classification codes and payroll amounts u and f ling 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 alI 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, ifthe coverage period shown on the current certificate of coverage ends during the duration of the project; {E) obtain frorri 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 (i i} 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; (C) notify the governmental entity in writing by certified rriail or personal delivery, within tell days after the person knew or should have known, of any change tktat materially affects the provision of coverage of any person providing services on the project; and "' (1-i} contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs {A)-{G) ofthis paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. ~-' (f) if any provision ofthis rule ar its application to any person or circumstance is held invalid, ,,.,: the invalidity does not affect other provisions or applications ofthis rule that can be given effect without the invalid provision or application, and to this end the provisions ofthis rule are declared to be severable. {g) This rule. is applicable far building ar construction contracts advertised for bid by a gavernrrientai entity on or after Septembex 1, 1994. 'this rule is also applicable for those building or construction contracts entered into on or after September 1, 1494, which are not required by law to be advertised for bid. 1?age 6 of 11 (h} The coverage requirement in this rule does gat apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register vt+ith the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675e, §4(~}. {i} The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406A97(c}, and who are explicitly excluded from coverage in accordance with the Act, §40b.09'7(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.2©). 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, .1496. Source Note: The provisions of this §110.110 adapted to be effective September 1, 1994, 19 Texlteg 57I5; amended to be affective November 6, 1995, 20 TexReg 86x9 Page 7 of 11 T2$S 110.11fl(d){7) "REgU.IRED WD.t2KE'ILS` COt1~fPE1l1S~tT1'Q1~1' COYER4GE„ "?'he larv requires that each person working on Phis 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 ar other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas YYorkers' Campensation Commission at S~Z-440-3789 to receive reformation on the legal requirement for coverage, to ver~ whether your employer has provided the required coverage, or to report an employer`s failure to provide coverage. " Page S of I 1 g S 1 ~ O. ~ ~ f3{G){7) Article ~ .Workers' Compensation insurance Coverage. A. Deftnitions: Certificate of coverage ("cert~cate'}- A copy of a certificate of insurance, a eertifrcate of authority to self-insure issued by the commission, or a coverage agreement (T'WCC-81, TWCC- --- 82, TWCC-83, or TWCC-84), shotiving statutory workers' compensation insurance coverage for the person's or entity's employees providing services an 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 cotztractor=s/persan's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in ,406.046) -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, 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, ofjice 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 401.0.11(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. 1f the coverage period shown on the contractor's current cert~cate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a '~, new eertifrcate of coverage with the governmental entity showing that coverage has been extended E. Tlxe 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 cert fcates 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 cert~cate 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 4 of 11 F: The contractor shall retain all required cert~cates of caverage for the duration of the project and for one year thereafter. ~-~' G. The contractor shall not fy the governmental entity in writing by cert~ed marl orpersonal delivery, within 1 D days after the contractor knelt' 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 i3lorkers` Compensation Ca»z»iission, informing all personsproviding `~" services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. ' I The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (I) provide coverage, based on proper reporting of class cation codes and payroll amounts and filing of any coverage agreements, which meets The statutory requirements of Texas Labor Code, Section 4aI.0I I (44) for all of its employees providing services on the project, far 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 fhe 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 wham it contracts, and provide to the contractor: (a) a cert fcate of coverage, prior to the other person beginning work on the project; and (h) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the caverage period shown on the current certificate of coverage ends during the .duration of the project; (S) retain all required cert f cotes of coverage on file far the duration of the project and far one year thereafter; --' (6) notify the governmental entity in writing by certified mail or persaYtal delivery, within IO -days after the person knew or should have known, of arty 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 (I) - (7), with the cert~cates of coverage to be provided to the person for whom they are prOVidIng SeYVICES. J_ By signing this contract or providing or causing to be provided a cert~cate of caverage, fhe 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 aself-insured, with the commission's Division of Self- Page I0 of I 1 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K Tlie contractor's faiture to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract vaid if the contractor does nit remedy the breach 3vithin ten days after receipt o, f notice of breach from the governmental entity. Page 1 ~ of 1 ~ T 7- T1 T A SPECIAL PROVISIONS Billing's Eait Stand and ~-- C1em's Marina Boat Ramp Rehabila.tation PROJECT NO. 5243 SECTION A - SPECIAL PROVISIONS A~1 Time and Place of Receivi.xx Pro osals/Pre-Bid Meetin Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Ha11, 1201 Leopard Street, until 2:00 .m., Wednesda Jul 14, 2010. Proposals. ""~ mailed should be addressed in the following manner: City Secretary's office City of .Corpus Christi 1201 Leopard. Street Corpus Christi, Texas 784fl1 ATTN: BID_ PROPOSAF, - Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitat~.on Project No. 5243 ~~~~- ro osai, n the ro oser, tneir a ent/re resentative, U.S. Mail, or other deliver service, to an Cit address or office other than the Cit Secretary's Office tniill be deemed non-respor~sive_ if not in_possession of the Cit Sec~retar 's Office riax' to the date~and time of bid o enin . 73 pre=bid meeting will be held on Wednesday,- July 7., 2010 laeginnin~ at 1D:00 AM. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. if requested, a site visit will follow. ^ No additional or se Grate visitations will be conducted by the Cit . A-2 Definitions and Abbreviations Section B--1 of the General Provisioxis will govern. A-3 Descri tion of Project The project consists of demolition of existing boat ramps, installation of new concrete piles, composite sheet pile, courtesy docks, hardware and. new concrete boat ramps, iza accordance with the plans, specifications -and contract documents; -- A-4 Method bf Award f~, The bids will be evaluated based on the Total Base sid .subject to the availability of funds. The City reserves the right to reject any or all bids, to waive `~ irregularities acid to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. SecCion A - SP ^"^ {Revised 12/15/44) Page Z of 22 A~praposals not physically in possession of the City Secretary's Office at the time and date of bid opening will~be deemed late and nonresponsive. Late A-5 Items to be Submitted with Proposa3 -~ I ~1 The following items are required to be submitted with the proposal: 1. 5°s Bid _Bond (Must reference: Billing's Bait Stand and CZem's Marina Boat Ram Rehabilitations Pro`ect No. 5243 as identified in the ~, . Pr° °p sal} (A Cashiers Check, certified check, money oarder or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A-S Time of Completion/~,i.quidated Damages The working time foar completion of the Project will be 90 calendar da s. The. Contractor shall commence work within ten (IO} 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, $5p0 pC~r calendar day. will be assessed against the Gantractor 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 Gity. A-7 Woxkexs 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 Proposals Proposals faxed directly to the City will be considered nan-responsive. Proposals- must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. ~~ I Section A - SP (Re'vised 22/ZS/fl 4) _ Page 2 of 22 A-9 Acknow7.edcFment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as .non-receipt. Sa.nce addenda can have significant impact on the -, proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates {Revised 7/5/DD} Labor preference and wage rates for HEAVY CONS~'ftC7CTEON. •I~-ea~se~€ ee~=lied, ~e~~acyt•e~-shill use higl}e~ usage-~a~~e- Prevailing wage Scales The Corpus Christi City Council has determined the general prevailing minim~n hourly wage rates for Nueces County, Texas as set out in Part C. `,TYie Cca2tractor 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, far each laborer, world, or mechariic employed, if such person is paid less than the specified rates for the classification of work performed. Tkxe Contractor and each. sulxontractor must keep an accurate record showing the names and classifications of all laborers, urorkrren, 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 sorb certified payrolls from all subcontractors and others working on the Project. These docur~~,nts will also be submitted to the City lst-igineer bi-weekly. (See section for Minority/Minority Business >/nterprise Participation Policy for additional requirements concerr~ing the prr3per foYm and content of the payroll submittals.) One and one-half (1~) times the specified hourly wage must be paid far all hours worked in excess of 40 hours in any one week and for all hours wx~rked 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 fRevised 7/S/00} The Contractor shall coeperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a (arty-eight (48) hour r" notS.ce to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using -the DIG TESS i-800-344-8377, the trine Star Notification Cci[pany at 1-800- 669-8344, and the Verizon Dig Alert at 1-800-483-6279. For the Contractor's convenience, the ~, following telepl:ione numbers are listed. City Engineer Project Engineer, F3R.5 CorpC]ration Traffic Engineering Police rte,-r-,,,P„t Water Department _ Wastewater iepartment Gas Department .. Storm Water Departm~.t Parks & Recreation Department r-•- Streets & Solid Waste Services A E P S B C _. City Street Div, for Traffic Signal/Fiber' Optic Locate 826-3500 884-7140 826-3540 886-2600 826-1881 (826-1888 after hours) 826-2800 (826-1888 after hours) 885-6900 (885-6913 after hours) 826-1875 (826-1888 after hours) 826-3462 826-1940 1 (877) 373-4858 881-2511 (1-800-824-4424,after houzrs) 826-1946 826-1960 Section A - SP {Revised 12/15/04) Page 3 a£ 22 I ~! Cablevision $57--5Qo0 (857-sD6D after hours) ACSI (Fiber Optic) 887-92D0 (pager 8DO-724-3624) ,,, I<NiC (Fiber Optic} 813-1124 (Pager 888-204-1679) ChoiceCom (Fiber.Optic) 881-5767 (Pager 850-2981} .y.~ CA~OQC (Fiber Optic} 512/935-0958 (Mobile} &rooks Fiber optic (NIAN} 972-753-4355 A-~2 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, ..~. both above and below ground. The Drawings show as much information as can be reasonably 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. J In the event of damage to underground utilities, whether shown in the drawings, 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 Plumed 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. LL,; 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 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as .adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. Section A - SP ... (Revised 12/15/04) ~., Papa 4 of 22 A-1.4 Construction Equipment Spillane and Trackin The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction"area_ Land labor and/or meckkanical 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 ]~e washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals 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 .be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for- "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal./Salvage of Materials Excess excavated material, broken asphalt, can.crete, 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. A-17 Field Office NOT USED r. ^sep~•~a~e}~e~a €a~ the F..., a ...~~, ,... .A~18 Schedule and Se ence of Constructzaxs ~•~. The Contractor shall submit to the City Engineer a work glan based Drily an 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: Section A - Sp --Y (E2evised J.2 /15/U4) Page 5 of 22 -~ i 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: Shaw complete sequence of construction by activity, W identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Ixzdicate 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. A-19 Gonstructa.oa Project Layout and Control The drawings may .depict but not necessary include: lines, slopes, grades, ' sections, measurements, bench marks, baselines, etc. that are normally ^- required to construct a project of this nature. Major controls and 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 Contractors negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for- whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If; in the opinion of the City or Consultant Project Engineer, the required deviation ,~, would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves anti manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two .(2} personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The ~ R.P.I,.S. shall lac approved by the City prior to any work. Any ,~„ discrepancies shall be noted by the Surveyor and certify compliance to any regulatory permits. Following is .the minimum schedule of documentation required: a~~ ~ Ear~z~~ttter fle=;~-line bad-sues-~€ street-`~e{~-' --~n~e~r-a~~; Section A - SP (Reviae& 12/15/04} Page 6 of 22 ' water- • All top of valves box; • Valves vaults rim; • Casing elevations (top of .pipe and flow line) (TXDOT and RR permits?. c~.,r,„..,..~~r . ^ All ~ }r~i~i~ erg e 1 e-v~~t~i~~s~~t~a•~~3 • All inters-eating },i.ne.s-k;~~ro•le•s-s • Casing ele~a~r~~s~tep-ef..~id- A-20 Testing and Certification A11 tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost o£ 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. A-2~. Project Signs NOT FJSED A-22 Minority/Minority Business Enterprise Participation Policy {Revised to/9s] r.. 1. Policy - It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, -women and P+Iinority 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, bath far 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. Subcontraatar: Any named person, firm, partnership, corporation, association, ar 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 r~ on a City contract. Section A - SP fRevised 12/15/04) Page 7 of 22 ,i c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s)- Minority persons zzxclude 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 51.6% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 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 sale proprietorship that is owned and controlled by a woman, a partnership at least 51.Oa of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.00 of whose assets or interests in the corporate shares are awned by one or more women. f. Joint Venture: A joint venture means an association o~ 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 perfoxm 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work." Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be „ performed by the joint venture. Section A - SP (Revised 12/15/04) Page 8 of 22 .-~ 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 0 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 meetitag the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MSE 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. 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 tv submit overall =- participation information as required. A-23 Ins ectiAl~. Re fired (Revised 7/5/00} NOT v'SED ~~tt~-u~l~e~~g~el-i~~la-8e-e~-i~e~-$v~of t~ie~xe~'~l P~~'evi~ie~s is ~rereby ~i~~-ski-ld:i~-lisp•ee~~i~e~-Bepart~e~rt~a~~a-ll o~he~ Et~~€ees; ine~~t~ing ~. ,~ 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. Yf performance and payment bonds are in an amount in excess Section A - SP (Revised 12/15/04) Page 9 of 22 of ten percent (100) 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 (10a} of the Surety .~ Company's capital and surplus with reinsurers) authorised to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (IDs) of the reinsurer's 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 ar 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 band was issued." A-25 Sales fax Exemption IQ'O LpNGSR APPLICABLE ~~e-1-l~evdi~~ st~b:,~.it~e~i~ 1re~ t~ieree~ - ax-amsa.~t3.x:kad-}?s~~k}a~~©EFk'-`~~'6~~e~' ~~ ~3a~i~ ~ceeBFtY~~S~~-`~'~~Ec"k~S- r--...~_~~_.r,.. ~ g r - -J _ 3. B-r~~f~e ~~s~1e-ee~t~i-f-i~e~a~-e-s ~e-su~l-r~~~s- gr~eposal value sf x~te~-ia~a. ~s~~~€-e~-al-1-Se-1-es-,-E~eis-e-a~d ~FSe '~axes~g ~lteahl-e-te tkri~s~--r-~Te-e~- Section A - SF (Revised 12/15/04) Page 10 of 22 A-26 Su lemental Insurance Re uirements .-~ For each. insurance coverage provided in accordance with Section B-6-11 of th.e ' 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 thexeof 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 aftex 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 8-6-11 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 ix~.sured 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 5-6-1Z (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, far or on account of any injury to any person, or any death at any 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. A-27 Res onsibilit for Rama a Claims 1~TOT USED Section A - SP '" (Revised 12/15/p4} Page 11 of 2z _..,.... T.~,Tm._._-~-- -----~ __~ , ""-' r a-dd-?-t-ie~a~l-i~s~rr~d~ - el-i~e-i-e-s ~e~i~i h i y g ~ ~xg-sue ns~r-ane-e eeve~r-age- A-28 Considerations fo]C Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun ~.. within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. xf •--• any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Ti7hether there are any outstanding unpaid claims against bidder for ~~ services or materials supplied which relate to any of its projects begun within the preceding twa (2} years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the ~.... claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (9Q} days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: J 7.. 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, fedexal 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. Foremen cannot act as superintendent without prior written approval from the City . --~ Documentation concerning these requirements will be reviewed by the City Engineer. The Contractar's field administration staff, and any subsequent substitutions or Section A - $P (Revised L2/15/04) Page 12 of 22 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 ahl~,gation 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.- xf 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 "Consicleration.,of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section 5-3-]. 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 far 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, along with a description of the work and do].lax 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 MSE. 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 vn 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. rf 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 this provision constitutes a basis upon ~~ which to annul the Contract pursuant to Section B-7-13; Sect].on A - SP (Revised 12/15/04) Page 13 of 22 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-constructinn 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. within five {5) days following bid. opening, submit in letter form, information .identifying type of entity and state, i.e., Texas (or other ~-.-- ~tate) Corporation ox. Partnership, and name(s) and Title (s} of individual{s} authorized to execute contracts on behalf of said entity. A-31 Amended Polic on F~tra Work and Chan a Orders "~' Under "General Provisions and Requirements for Nlur~icipal Construction Contracts'] B-8-5 Policy on Extra Wyrk 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 whicki. do not exceed $25,004.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. V 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: 'Ihe 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, anal City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including far 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. Contractor is reminded to attend the Pre-Sid. Meetinct referred to in Special Provisiari A-1. A-34 Precedence of Contract bocuments In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding 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 Provisians will. be given last precedence. In the event of a conflict between any of the Standard Specifications with any ~. other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications far 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. Section A - SP {Revised 12/1S/p4) Page 14 of 22 ' ~1-35 City Water Facilities: Special Requirements NOT 'C7SLD ~~=} e ~ ~~e~e~=€~er~i~ sae r~ a€ a~r~~E t~~s~a ~e ~ fay} 1 t~-~€~e C~utr_~tc.r-h,~-S-S-I~~~B E~t~~-~E-~~6~5°, ~s~~d~-~3 e-~ ~~kc~~' enig~6yeeS ~kS-t. c`3 ~-~ ~1--}-5-~ ~~r~'~' 6~~~ K-fk E~~6 ~ ~4 & ~ e ~'~-41 2 GSL GAZ 29SiTL~~gir~ia coixaa iicc~cc`z'-~ 'Y-- cri~~ c.it~- :^:u~o.r-n.o~„~y `-mo;i`z exst~~~el . ~ ~Tisi~er~~-Ee~t~ae'~~~ ~€e~p ~ r~~~~t~~t~ , ~e i~~ te. ~ l~~t~~~a~~ i-~s~aee~-re~af~5 , er~ .~ r-, -S.1.i.A.I.1-2,~00~ :d-°.isc cczc ;: -- c~eici~ r~~ a•3,~ C~i~1C-S &~ ~eFR6~`~ ~~~ ~~''~5~1 Seatian A, - SP {Revised 32/3S/04) Page 35 of 22 -e~aage, ~al~e, er u~~~e.~-~ae~ -e~g~~~ce-~~-€e-~~s-~-~-g~e~~e e a~~ }~~€~r~t~a~ e~}g~e~c-*e }i'~.-,,~~==ie~i~~ _ -~•_s~---die-e-~-e•a~=~~~~a~~~~e~~€•t~ eem~a~}~--~~ . £de •~ ~~~~~e-e~aF~~~ ._.., _ , ee~~~ae-€e~-e~~~e~ee~s--•-Rtrrs~ ~e~~ea~re tie ~es3~,r~a~~e~•ee~s~•r~e~ .__, ~~ea-_•ae~~ wa~~e~~-~3~~=a~x~~-a~~~t~€-~~i~s~t~ie~ t~~~ €e~ r~e~~~ ~e~~ ~~e~~ie-ee~~e~ ~~se~ ~e~~te~€~~ a~~~e~t~~~~-w~~s-te~~as~~ ~--~ ~~~e~~~e~ sus•'~e~~tts-ire-e,~~e~e~-a~s3-was a~~~~ee~te-t#e ~~e~~~a~ ~da~~e~-~a~~~Qste~t~~ ~st•~~ ~. • , aFar~-eF.ar«~.zc.~Eic~ca^u sequ=~'e~ ~~"t ~~}~S E'6~3~~aE-~~~~~3-a~-~-e~~ac . ~~ree~r€er---Px~se~e~~s- ~ . ~e~e}~ €e~ a~ ~ee:s~r~-- 4 _ r3~e~rz.p~a a ~e~3s-t ~ s~ea~s~ -}~e•e~ e~ eree~ ~~e a ~~ ~ ~ €ee:~ia~a~ ~~g€~ee~~; a ~i ~ ~ ~ t -~e~~~e•~ ~ ~ r - $e~€~e~t--~~e dde~3~ ~eq~ ~~ ~~e e ~e s ae~se~e~ ~ r ee }~e~ ~-~ a~ t~~s ~g e~ ~ee~ o t~is s~~e~~-~-~~e-az~e~s- ~ e~ ~ ~ ~ = € . ~ ~ ~ ~ ~e~e~ ~~e~~e~-~R4a~~ ~ ~ • '~- ~ r ee dd e a-ve s a-e ~ " ' ' r ccs-..s -~xxy ~ g r 2 k~ ~~ S ~a~~ ~ 3~ e6~k~ SG id EB ~ -~qu~~i~ ser€~ware~~~~se~ €e~ €~e Es~ ~~~e~ . i , ~s~~~~e-e-€~e-€-~-€~ va~€~ ~~~ 4-8~ d ~ri €' t€ ~ t i ~ ~?-~~~a~~~ a€~~ ~e eat-€~~~~ - es e re- ~eTee r e ~ ti -s- :~e ~e , , ~ ~'r_~___~r --..--.~~..~. 7 die s~~-~-€~~}s-~ ~ + ~ , ~~egr ~~ e ~~ ~ € ti ~ -s~ste~s . e ~ ~ e ~+a e s e g~~ xe ~-a-€-ewe ~a~e~rc-~ e€~ v ~aaaFt}rf-a e-t~~e~-. Section A - SP (Revised 12/15/04} Page 16 of 22 ~8. -~~ie~e~'f~~'~tta~2e~ at t~~-~~TS-teae~ts-k~~e~=~'~e~t~~~t izl-u:: ~.~-i s s a ~ Qst^~~- - 3 ~ e~l~.a~i~g-6~ht e~ E~~ r-a e-ta~ e-r s-~ee~t~ae~e~~eg~ams~he ~e~~a we~~ €s~ this-Tr~Tee~ . .g _ ~'he-Ee~t~~ae~er s~ll~~edt~ee ill f illeu-~•~~.~agr~m~i~rg Y~~la~~c-r_a.~sa.i.r_c.d-tc-S~?ew thC-'~~•6~~'aEE3m~i~~a5 ~3eeF~E°~-&~6~ ~e•q~xi•~ed~e~add terse t~~e sus-terns te,, t~i~ea~i~et•ing-E~i~~ SA•--s~s~ar~t~t~aehed is a~ e~~mp•le e-f the--~~~i~~~a ~~ag~~~ting ~~l~e~e~~s ~dhi•eh ~he~~lty--~er~i~es to be .filled i~ .-:? yw~n to ~.ke-Cl~Y Lnglne2~' with all ehange~ rttade-dkg ~.he~~eg~a~~i~~g-phase-'t`he-at~.aehe~s~ee~ is~~~3~amgle-~~d `~'-~' c""z r' ir~~ecge'e} t enscirs S shall be`alle6ded-en~de~r~~eet A-36 Other Submittals 1. Shop drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. ~teproducibles: In addition to the required copies,.the Contractor shall also submit one (I} reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal ,_ Transmittal .Form attached at the end of this Section; and sequentially number each transmittal farm. 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 r-- 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 toe detrimental to successful performance of the completed work. ,^ Section A - SP (Revised 3.2/15/04) Page 17 of 22 h_ Space Requirements:. Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcan.tractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers" standard calory, textures, and patterns for City Engineer"s selection. 3. Test and Repair Report When specified in the Technical Specifications Section, 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 ap roved for use on .the project. A-37 Amended "Arran ement and Char a for Water Furnished b tl~e Cit NOT USED " ' - A-38 Worker's Com ensation Covers a for Buildin or Construction Pro'ects for .,_. Go~crernment Entities The requirements of "Notice to Contractors 'B'"" are incorporated by reference in this Special Provision. ``' A-39 Certificate of Occu anc and Rinai Acne Lance (Not Used) =~'k;~~~c~ca-t-aric?e a~ ~ eaxt}~}cwte. ~i-a~e~e~agcc~t~~~€6~~'-~EEkp~AVeme~]:~~5-~~~S-~kB~ A~40 Amendment to Section B-B-fi: Partial. Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-&: Partial Estimates is amended to provide that approximate estimates from which partial payments will be caloulated 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. .~ , Section A - SP {Revised 12/15/04) Page 18 of 22 A-41 Ozone Advisory NOT iTSHD the-da~wil~l ~o-~be-eeted as a v~e>_~ da~a~~-the-Ce~t•~ae~•e~-wti-1-1-~ ~eempe~sa~~ed~~t~ie~~i~~~~e~i~dieated i~~::c ' k, ~pQ~ as-~= A-42 OSHA Rules & Reciulatioxzs It is the responsibility of the Contractors} to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnificatiion & Hold Harmless Cinder "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 ar „ liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, 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, - materialman, or their officials, employees, agents, or consultants_ xhe 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, supplier or materialman. 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/S/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical} of all facilities. {b) i3pan completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to Shaw 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. Section A - SP (Revised 12/3.5/04} Page 19 of 22 .., (3) "Nameplate" data on all installed e ui ment. "-' q P (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Dis oSal of Hi h1 Chlorinated water {7/5/04} NOT USED A-47 Pace-Construction Explorator~r Excavations (7/S/00) :~70T USED .--, p-i~e1 ine- r 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 Co existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&S, and inform CP&L of his constructionz schedule with regard to said overhead lines. Same overhead lines are shown in the construction plans, while others are not. xt 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 Guarant (8/24/00} Section A - SP (Revised 12/15/04) Page 20 of 22 Under "General Provisions and Requirements for Municipal Construction Contracts", ~-8-13 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 Czty of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity.01 A-50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the followa.~g: -- "Funds are appropriated by the City, an a yearly basis. if funds, for any reason, are not appropriated in any given year, .the Ca.ty may direct suspension or termination of the contract. Tf the Contractor is terma.nated or suspended and the City requests rernobilzzatian at a later date, the Contractor may request payment -for demobilization/remobilization costs. Such casts shall be addressed. through a change order to the contract.. Section A - 5P ,°- (Revised 22/15/04) Page 21 of 22 StJBMITTAE~ TRANSMITTAL FORM PROJECT: Billing's Bait Stand and C~.em's Marina Boat Ramp Rehabilitation; PROJECT No. 5243 ~~ -"~ '-'- OWNER: CITY OF CORPUS CHRISTI ENGINEER,: URS Corporation CONTRACTOR: SIIBMTTTAL DATE: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL NL7MBER: SUBMITTAL SeGtio31 Pa - SP {Revised 12/IS/U~l Page 22 of 22 AGREEI~iENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 16TH day of NOVEMBER, 2010, -- by and between the GTTY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and MB Western Industrial Contracting Company termed in the Contract Documents as - "Contractor," upon these terms, performable in Nueces County, Texas: ~n consideration of the payment of $1,013,720.00 by Cit y and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: BILLING'S BAIT STAND AND CLEM'S MARINA BOAT RAMP REHABILITATION PROJECT N0,5243 {TOTAL BASE BID: $1,013,720.00} ,~ according to the attached Plans and Specifications in a good and _ workmanlike manner for the prices and conditions set out in their „_, attached bid proposal supplying at their expense such materials, _. services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract -~ Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and "~' specifications, including all maps, plats, blueprints, and other drawings, the Perfornnance and Payment bonds, addenda, and related ~"" documents alI of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun-2010 Contractor shall indemnify, save harmless and defend the Gi ty of Corpus Christi in accordance Sri th General - Provision B-6-I1 and Special Provision A-2 6 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas.. _._. The Contractor will commence work within ten ~1p} calendar days from date they receive written work order and wi11 complete same within 90 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages _ as set forth in the Contract Documents. City will gay Contractor in current funds far performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Sun-2010 ATTEST: CITY OF ORPUS CHRI I r_ ~ i'~ y~ City Secretary Juan Perales, r., P.E. Assistant Cat Manager Engineering/Development Services APPRO AS TO JGAL FORM: By: By: Asst. City Attorney Pete Anaya, P.E. Director of ~ngineeri~.g Services ATTEST: (If Corporation} (Seal B low) {Note: If Person signing for corporation is not President, attach copy of authorization '~ to sign) CONTRACTOR MB Western Industrial Contraatin Co n ~x: Title : _. t P.o.sox 5399 (Address) PASADENA, TX 77508 {City} {State}(ZIP} 281/4$7-5757 * 281/87-5726 (Phone) (Fax) Page 3 of 3 Rev. Jun-201.0 f ~•~ ._ ~~ F R O P O S A L F O R M F O R Bi3ling~s Bait Stand and Clew's Marina Boat Ramp Rehabilitation Project Nv. X243 I}E:PPaRT3"fENT OF E~YGYI~ERIT7G SERVICES C17V OF CORPS CHF~ISTI, TE]CA5 Qxaposal Foxsn paae 1 of 4 P R O P O S A L Place . Gity of Corpus Christi Date : 711412D1~ Propasa]. of MB Western Industrial Contracting Company a Corporation organized and e~xistinq under t:ha laws of the State ©f Texas OR a partnership or Individual doing business as NIA TQ: The City of~ Corpus Christi, Texas Gentlemen: '~ha undexsigned hereby proposes to fuxnish all labor and materials, tools, and necessary equipment, and to perform the work required for: BILI,T1iTG*S BAST STAND AND CLEM'S MARSNA BOAT ~Mg REHABIL~TATYON, PROTECT NO., 523 at khe locations set out by the plans anal specifications and in strict accordance with the contrack documents for the following prxcea, to- ~71 t:. . silling's Bait stand and Clem's Marina Soat R e ha2~ilitation 8roject No, 5243 - R£VISE.p PA6pOSAL A M FO E IT£H II QTY Unik III bescription IV ' V O ait Price Total Al 1 Ls t•7obilixation/t]e-mnbilixation 87,600.00 $7,600.00 ~ 1 LS Temporary 6 permanent si gnage 3,465.D0 3,465.OD Silliag's Boak Ramp Improvements Bl 1 L5 Dewakering boat: ramp '! 16,DOD.DD 116,DDD.DD s2 ?. LS ReinForced concrete boat: camp 64,000.00 64,DD0.00 B3 t LS Sheet pile for boat ramp $1,500.00 81,50 0.00 89 140.5 LF Sheet gile Eor bulkhead 310.00 59,D55.OD H5 1~ LS concrete placement far docks 2$,$SD.DD 28,85D.OD es a Ls Rough carpentry 9 DD0.00 9,DDD.DO . BT ~ 1 L5 Composite decking 76,40D.DD 76,400,00 eB 1 LS Handrails 9,800.00 9,8DO.D0 , s9 1 Ls Fenders and cleats 1D,000.00 1D,DOD:DO 6117 1 L9 Concrete Halle, ramps s curb secluding grading 22,ooa.aD 22,DDD.oD C1em's Hoat stamp Improvements C1 1 Ls 17ewatering boat ramp ~ 177,ODD.00 177,000.00 C2 1 LS Rein£oxced concrete boat ramp 53,5DO.OD 53,DOO.DO C3 3 LS Sheet Bile 81,500.00 81,DOOAO C4 1 LS Concrete placement For docks 28,850.DD 28 $5D DD C5 3 LS Rough carpentry 9,OOD.OD 9 DOO.DO C6 1 LS Composite decking 76,4DD.DD 76,400.00 C7 1 LS Handrails ssoo.aD 9,soo.Da Cg 1 LS Fenders aria cleats 10,000.00 14,000.00 707AL BASE BIU; iJote; All prices are lorcamplete In prate work and co t h 1,013,720.OD complete txo]ect as shpWn on , , n ractor s all ensure that ap work fOr a pra]eet Contrazt acknowledges recerpl al Addendum 1 p,N[} 2 Proposal Form 3 0~ 6 ~ .. _. ... ._ T -~ .,_ . , The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bads, that he agrees to da the work, azad that na representations made by the City axe in any sense a warranty but are mere esta.mates far the guidance of the Contractor. Upon notification of award of contract, we wall wk thin ten (~.0} calendar days execute the faxxr{al contract and will deliver a Performance Bond (as required) far the faithful. performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The hid bond attached to this proposes}., in the amount of 5°s of the highest amount bad, is to laecnrne the property of the City of Corpus Christi in the event the contract anal bonds are not executed within the tirr{e above set forth as liquidated damages for the delay and additional work caused thereby. - MinorityfMiaority Husinesa Enterpxisa Pazticipatic>n: The apparent low bidder shall, vrithin five days of receipt of bids, submit to the City Engineer, ~.n writing, the names axed addresses of NlBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Bets, of Documents : The contract and al l bands will be prepared in not less than four counterpart (original signed? sets. T].me of Coxnpletis~r~: The undersigned agrees to complete the work within 9D calaudax days from the date designated by a Work Order. ,_., The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all _ materials and do everything required to carry .out the above mentioned work covered by this proposal, i.n strict accordance with the contract ,,,--- doCUMentS anal the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number? : 1 AND 2 Re9pectfu3.xy submitted: ,_.. ~ Nate ; MB Western I ustrial Contra ins rnpany By: James S Bosley , {S)"vA~, -- IP BIDDER IS (SIONAT RED ` a Corporation) Address : PO Box 5399 (P.4. Box) (Street) Pasadena Texas 77508 (Ci.ty) t5tate) (Zip) Telephone : 281-487-5757 l~oxa: Do not detach Hid from otSer papers. ,,,, - Fi21 in with ink and suhanit complete with attached papers. {Revised August 2000}` ?roppsal Fotm P~aa a r.f 4 International Fidelity Insurance Corropany ~~~ 24900 Pitkin Road -Suite i 45 Spring, TX 77386 (281)681-3900 ~.~~~~f~~ (281) fi81-3903 Fax ""'``~'~~ eusce 1904 City of Corpus Christi Department of Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 RE: Certification of Power of Attorney for Per#ormance & Payment Bands Project Name & No.: #5243 Billing's Bait Stand and Clem'S Marina Boat Ramp Rehabilitation Surety Company: International Fidelity insurance Company Ladies/Gentlemen: I, Michael Kremh_eller, Jr. Regional Manager of IFIC, hereby certify that the facsimile power of attorney submitted by Elsey & Associates for MB Western Industrial Contractive Co., a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be noti#ied in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Carpus Christi, Texas 78469-9277 Signed this 10t"day of December, 2010. ~ 1~~~ Name: Michael Kremheller, Jr. Title: Regional Manager, Houston Branch Sworn and subscribed to before me on this 10t" day of December, 2010. ~~~ !~~ Notary Public State ofi Texas My Commission Expires: ~^~3~~df ~ t]eriise Raker Notary Pubic StatA of Texas ~~~ MY Commission Expires 03-23-2013 Bond No. HSIFSU0545691 P E R~ O R M A N C F B O N 1] STATE OF TEXAS § COUNTY GF NUECSS § I~?OW ALL BY THLSE PRESENTS: THAT I~ ~Pes~rsi Industra]. Gosatrac€ir-q Comgari.~ of HARRI& County, Texas, hereinafter called "Principal", and International Fidelity Insurance Company , a Corporati4.n organized Under the laws of the State of New terse and duly authorized to do business in the State of Texas, hereinafter called "Surety,,, are held and firmly bound unto the City of Carpus Christi, a municipal corporation of Nueces County, mexas, hereinafter called "City", in the penal sum of ONE N»CLLIQN, THT]~tTEEN THQUSANDF SEVffi.+i HUi~IDRED ~NTY ANA NQ~1QQ t$~ .Q13 ~ao,~QO) T3QLi.ARS, lawful money of the United States, to be paid in Nueces County, Texas, far the payment of whi.Gh sum well and truly to he made we bind ourselves, our heirs, executors, ad~-inistratars and successors, aointly and severally, firmly by these presents: THE CONDITION OF THIS OBI.IGATTON IS SUCH THAT: Whereas,. the principal entered into a certain contract with the City of Carpus Christi, dated the 16TH of NOYE~R . 2Q 1q , a copy of which is hereto attached and made a part hereof, for the construction af: BILLING' S BAIT STAND A4~D CLBN' S ~r~e-Rtua BOAT R71NP REHABILITATI~ PROJECT N0.5~4~ (TOTAL BASE .SID: $1,Qi3,72U,QQj NOWT TSEREFORE, if the principal shall fa~,thfully perform said worl~ in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall regain and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of Gompletion and acceptance of improvements by the City, then this ob~.a.gatlan shall be void; otherwise to remain in full force and effect. FRO'i~IA~ FF~TSER, that if any legal action be filed an this bond, venue shall lie in ~ueces County, Texas. And that said surety far value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, Qr the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration ar addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 0~ 2 'This bond is given to meet the requirez~eents of Article 5160, yernan's Civil Statutes of Texas, and other applicable statutes of th.e State of 'texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces Gaunty to whom any requisite notices may be delivered and on whom service of process may be had in matters arising cant of such suretyship, as provided by Art. 7.19-~., Vernan's Texas Insurance Code. II~F WITNESS T~REOF, this instrument is executed in 4 copies, each one of which shall kae deemed an original., this the 29th day of Novembar , 2Q to PRINCIPAL MB Western Industrial Contracting Company By: S ameS S _ iincl P~ Praci rlanr (print Name & Title) ATTI~ST ~....~f ~~ ~ `IZ?Q.rr~ S' (Print Name & Tit e) The Resid+e~.~ .A~t oaE . ~e S~e~r.:~: Nueoes Courxty,, Teas, for delivery 'of go~3~ c~ ~ei~e :cf grooegs is:~ Agex~cp~: Contact Person: ~$~& ; Phone Nvmrbe=: Keetch & Associates Mr. Kevin Keetch P.O. Box 3280 Corpus Christi, Texas 78463 361-883-3803 (NOTE: Date of Perfo.~mance Sond must not be prior to date off' contra et}(devised 3/Q8) Perf©rmance Band Page 2 of 2 I3EVE.kL:Y' A. lltliLAND.. L:U1'r'4F~ L '~~vORE SpJ~ing, `CX. _. . . ,..:. tts Irue .ctrl la+vful ltlurnz} i sr to-caul lu exz~ ule seal and deli+rr lur attd un ns l,ehalf as snreh', any- anc] all hoods trod undcrrakmg5; contracts uC utde[riititti ai?d otlter`writings;c~bLgaku'y ut rite narure'rhere~,f. which are ~r may be allnyved. requtrcd'or pcrnlttrcci h~ layF: s-tahrre, rule, rerulatinn cuutraet::i3r ulltaralise. artd du;c:rccutinn cif such tnsttvmentlsi in pnrs,.tance of rticsc presents, shall be as hindmg upon the tiaid !V'I'~:KNATICIN:LL FIDIJLI`i'I" I~ItiC1R.AV('N: CUibIY:iV]', as full: attr~ amply, h, all intents :fud purposes, as if the saint had been ;lttly 4xecuted ;toil ackriinvled~e+l 1?y its regularly elected of5crrs ar its principal office. This Po~i~er i,f Atturueyy~ is executed. <~tnd ma` he r~ynl,ed, pttrsttan[ to ~tmi hc' auth+,rit~, of Amele ~-tiectinn 3, i~f the B, -Lawti slopted Lip tllc: &~;~rri of Directors of INfER'+L•~TIONAL ~'IDELdT] IN5LJR9NCk% C't}VIN,1N1' ar a meetln~l called and held on the ?th Jay ufTziiruatti, 19^4. Thc. President ur any Vice President, Erecuuve Vii:e President, Sec felarti or Assisnurt Sectctat~'_ shall have power 3ud aiithi>riq• i 1J To appc~iitt Atrarrle+~a in fact, uxi to audu,iizt. them m execute on behalf of the Company, and attach the Seal of dte Cumpattt~ [hereto, bonds and undertakings, centracxs of indentnin' and other t~: ritings obligatotti~ in the nahrre thereof and, i'2Y I'o remu+~e, atan~ time, any such alk~rney-in-tact:uid rz+uke file authorin giy'en. Ltu'dter, dtis Puyvz.r of Attorney' is signed anr9 scaled hc' facsimile pursuant tr? resolution of the Board of Dtrecturi r,f said Company adnptcii .it. a meeting duE}' called and held on the 29t1t daysof April; 1982 nt cclieh the follow mg i< a true excerpt: Nnw'dtet'eture dte si~nattues +?f Bitch officers and nc~ sr al of rite Company may he afii;ced to any such ,ewer oC attorney ur any ccrtiftcatc relating therdu by facsifitile, and am~ sttrh poticcr nfitttorncy or certihcate bearing tiuch facstm7le signatures ur facsimile seafshall L,e valid arld binding upon the (:ompany ;vtd an}' sttcli Fntrci sti executed and ccrtifird b}' facsimile signatures ,tnd far;sirndz seal shall be valid eutd Liittdiug upon the Cnupan}• in the future wilt rzspezt to rin_y' bond nr undcrtalting to which it is atGached_ DELIT;Y /N~.. -m= TESTIhION~' R"IIL.IZEUF, INTERNATl(_)VAL r`I.Uk+T :FTP I~itiCrR.ANCE C011•IFaIVY has<causcd flits instrument t~~ he 4` ~ ail;nzd and it~ corporate seal lu be affixed b}' in anthori~cd officer this 16th day of C?ctobzt. 1 D. 200; R ~O~p~-w~~~y !V I N;ILNATi()NAL F1DI;L,ITY INSCiR*.1VC~ (;flllfPANP ~, SE,4L m y ~ ~~ n STATE UP NLR' JERSEY 6 ~' q Count} of Essex ~a~RS Secretary Un dtis 1Gtlt daa of October 2fHJ;, hefiire mz came dre iri+liridual'wlio executed nc~ n~r?ceeding instrument, to mrprrs+.+ual€v kitoGVn, an+i. being by mr duly sworn, saiddte lie rs the therein iibscnhed and authrrrized ofGi.er of die IV'I'F,KN<1'I'Tf)NAi. ~IT)ELiT1' INSLI2.~C'E C(SNLPAN]'; that the-seal afrtizd to paid instnimcnt is th.c Corporate Seal of sail Company; drat the said Corporate Seal and his si~naturc were duly affixed by order of the Board r,l Directors of valdC.Olllp2lny`. ~y`AR~~ IN TLS'L'IMCINY 1~1{HRH:f.)H, l have hereunto Bel nt}' ltand affixed my l)Ylizial Sea]. ~ ~'' ~ al the Ctly ul Newatl., Ncw Ictscy the d.ty anii yzar first abu~~c +t'ritteu. o rvo~>4~~ ~: _ '} P LJ Fs iT1 C ~ ~~ ,k ,1r ~~~~~ 1 NOT='4RI" PUBLIC UP Np;w JkitSEY f'EkTIFIGITION IrI}' Cotiutussinn :Fix~,ires '~ ov. ? 1:2010 1, the undersigned offerer of INTERr1TATION:C1, l~'IE)E.LCI"S' IIVSCiiL4vCE CONiI':1IrY do herel,y ccxhfy that [have compared die foregoing cape of the "" Por}rzr of r'~t[v,mey and aftrd3}'it, find the c+ipy ul t]7C Section pf thr. Big-Laws ut!tiaitl ('+lmpam- as tier lurtlt tit said Fcrtc~er of Attorney, wrth the OI:IGIN~ILS C1N IAI'L'I3E II03iiL UITIC~ C)I':SAT1] CQMkANI"_ dnd drat tlrz. •,i11e a1c correct [ranccri~rts themaf, and of the ,tiilolr ut IJre said nt'rautals, anii that thr Hard Power nt hftornea has not been revoked' and is n~iw in Cull force and effect 11+1 TESTIhif)ti} ~'HE;R6f)F Ih,t+z ltzreuuto Set my hatidtht, ;')t}t}i ; day ut Novetiiber, 2410 .. ~~~ , ASSis[alil Secretary ,: „ :. . , :. ~, ..- --- _, .., _ i i IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call International Fidelity Insurance Company's toll-free telephone number for information or to make a complaint at: 800-333-4167 You may also write to International Fidelity Insurance Company at: Attn: Claims Department One Newark Center, 20th Floor Newark, NJ 07102 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, effective September 1, 2001. P E R F O R M A N C E B O N A STATE OF TEXAS § COUNTY OF NUECES ~ KNOW ALL BY THESE PRESENTS: -, THAT MB Western Industrial Contractin Goan an of HARRIS County, 'texas, hereinafter called "Principal", and , a corporation organized under the laws of the State of , and duly authorized to do business in the State of Texas, hereinafter called "Surety"~ are held and firmly bound unto the City of Corpus Christi, a municipal ,~ corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of ONE MILLION, THIRTEEN TFIOUSAND SEVEN HUNDRED TWENTY AND NO/100 {$1,013,720.00) DaLLARS, lawful money of the _ t3nited States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we band ourselves, our heirs, e,xecutars, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION TS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 16TH of NOVEMBER , 20 10 a copy of which is hereto attached and made a part hereof, for the construction af: BILLING'S BAIT STAND ANA CLEM'S MARINA BOAT RAMP REHABILITATION PROJECT N0.5243 -' (TOTAL BASE BID: $1,013,720.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, ar guaranties, and if the principal shall repair and/or replace all defects due to faulty T" materials and/or workmanship that appear within a period of one (1} year Pram the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bandy venue shall lie in Nueces County, Texas. Anal-that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed therreunder, or the plans, specifications, drawings, etc., accompanying the same shall in ,.,,, anywise affect 'its obligation on this bond, and it does hereby . waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bones Page 1 of 2 This` bond is given to meet the requirements of Article 5160, Vernon' s Civil. Statutes of Texas, and other appl.a.cable statutes of the State of Texas. ~'he undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had ,in matters arising out o~ such suretyship, as provided by Art. 7.~9-1, Vernon's Texas Insurance Code_ IN WITNESS WHEREOF, this a.nstrument is executed in 4 copies, each one of which shall be deemed an original, this the day of 2~~ PRINCIPAL By: {print Name & Title) ATTEST {Print Name & Title) SURETY . By: Attorney-zn--fact (Print Name) .The Resident Agent of the Surety ~ Nueces Counter, _ Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contract)fRevised 3/08) ^ Performance Bond ',_ Page 2 of 2 Bond No. HSIFSU0545691 PA~EME N T B OND STATE OF TEXAS § COUNTY OF NUECE3 § X1+IOW .ALL SY THESE PRESRNTS T~iT L~4B Westesr~ I~l~Extria:Z; Go~ltxaGt.ing Cgmpang of EARRIS County, Texas. hereinafter called "Principal`",} and com any~ional Finely' ity Insurance r a corporation organised under the laws of the State of New Jersey , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly h+aund unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying Tabor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE MILLIO~+i. THIRTEEN THOUSAND. SEVEN HUNDRED TWENTY AND NO/100 ($1.013,720.00 llOLZARS, lawful money to be paid in Nueces County, Texas, far the well and truly to be made we bind ourselves, administrators anal successors, jointly arzd these presents: O~ L.Ii~ li,Tl].L~CI ?L3L~~, payment of which sum our heirs, executors, severally, firmly by THE CONDITION OF TSTS OBLIGATION IS SUCH THAT; Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 1, 6TH day NOVEMBER , 20 10 a copy of which is hereto attached and made a part hereof, for the construction af: SI~:ENG` S 8~1-TT gTANi? AND CLEMt S t~rntx~a BOAT RAMP REHABILITATION PROJECT N0.52~3 (TOTAL BASE BID: $1,013,720.00} NOW, THEREFOREr if the principal shall faithfully perform its duties and make prompt payment to all persons, firmsf subcontractors,. corporations and claimants supg7yinq labor and material in the prosecution of the work provided for in said contract and any and all duly authori2ed modification of said contract that ma.y hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shah. be void: otherwise to remain in full force and effect. PRO~FIDED FORTHF,R, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that nochange, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of timef alteration or addition to the terms of the contract, or to the work to be perfaxxned thereunder. payment Bpiad Page 1 n~ 2 This bond is given t4 meet the requirements of Article SI~g, Vernan's Civil Statutes of Texas, and other applicable statutes of the State of T~exas_ The terms "Claimant"r "Labor" and "Material.°~ as used herein are in accordance with and as defined in said Article. -. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.1.9-1, Vernon's Texas Insurance Code. IN ~TNSSS L~BEREQF, this instrument is executed in 4 copies, each one of which shall be deemed an originals this the z9th day C?~ November , ~0 10 MB rrlestern Industrial By: James S. Bosley President __-____ (Print Name & Title} -- Bi11 D. McMayan Secretary (Print ATame & Title} SURETY International Fidelity Insurance Comnan By: v Attorney-in-fact Sharen GroAnell , (Print '€~ame} T}~B :Ses~.~de~~ Ae~e~st cr€ t.Iee ~t~etg ~ woes C~~ Te~as~, for AgEnop: Keetch__&_Associates _ Contact Person: Mr. Kevin Keetch @~$; P.O. Box 3280 Corpus Christi, Texas 78463 P~2onE ~: 361-883-3803 {NOTE: Date of Payment Hond must not be prior to date of contrect) {Revised 3/~8) Payment Bond Page 2 of 2 P A Y M E N T B O N D STATE OF TEXAS § KNOW ALL BY THESE PRESENTS. COUNTY OF NUECES § THAT MB Western Industra.al Contraetin Co an of HARRIS County, - Texas, hereinafter called "Principal", and , a corporation organized under the laws of the State of , and duly authorized to do business in the State of Texas, _. hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE MILLION THIRTEEN THOUSAND SE~TEN HUNDRED TWENTY AND _,._ NO/lOD ($1,013,'l2Q.OQ) ~1DLLARS, lawful money of the EInited States., to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, _ administrators and successors, jointly and severally, firmly by these presents; THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the - principal entered into a certain contract with the City of Corpus Christi, dated the 15TH day NOVEMBER , 2Q 10 a copy of which is hereto attached and made a part hereof, for the construction of: BILLING'S BAIT STAND AND CLEM'S MARINA BOAT RAMP REHABILITATION - PROJECT N0.5243 _ (TOTAL BASE BID: $1,013,72Q.Q4) ~` NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and ~"" material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full farce and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. ~~ And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans. specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. to the terms of the contract, or to the work to be performed thereunder. ~- Payment Sond Page 1 of 2 T _ 4 This bond is given to meat the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of „~, the State of .Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite nota.ces may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of 2~ PRINCIPAL By: {Print Name & Title} ATTEST {.Print Name & Title} SURETY By: Attorney-in-fact (Print i3ame) The Resident Agent of the Surety in Nueces Cor~n.ty,____ T_ exas, fear de.Iivery of notice and service of process is: Agency: Contact Person: ,~ Address: Phone Number: (t3~TE: Date of Payment Sond must not be prior to date of contract) (Revised 3/p8? Payment Bond Page 2 of 2 THrS IS T u ~.cn i rr x r hA i ant ruuere~ ur mSUNnNtit LISTE- BELOW HAVE BEEN ISSUED TO THE INSURED NAMEd ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED DR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS, FJCCLUSiONS ANp CDNDITIDN5 OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE 1NSR VYV POLICY NUMBER {MMIDDIYWY) (Nk1N1L1D1YYYY) LIMITS GENERALLUIBILITY EACH OCCURRENCE g 1 ~ ~~~ ~ X00 A X COMMERCIAL GENERAL LIA9ILITY LH50p015 10 09/01/14 49/x1/31 PREMISES [Ea occurrence) $ 50 ! OOQ CLAIMS-MADE ^X OCCUR / MEO EXP {Any one person) $ ~ ~ 000 X Contractual X 1xc3.troas covsRACE WITH3N PERSONALBADViNJURY $ ]_ 000 Ol)0 X XCU 50' OF' RAILROADS GENERAL AGGREGATE ~ ~ $ 2 Op,p 000 ~ ~ GEN'L AGGREGATE LIMIT APPLIES PER: PRDOUCTS - COMPIOP AGG 3 ], , 000 , 0 0 ~ POLICY }( PRD- LDC JECT $ AUT OMD8ILE LIABiI.tTY COMBINEb SINGLE LIMIT ~ 000 00 $ ~{ gNYRUTD BAPC720409396 (Eaaxident) y , , 0 49/01/10 49/43/13 BODILY INJURY (Per person) $ AL L OWNED AUTDS ~ . BODILY tNJURY (Per accident) $ SCHEDULED AUTOS ~ PROPERTY DAMAGE }{ H[RED AUTOS {Per accident) $ X NON-OWNED AUTOS $ A UMBRELLALIAB }~ DCCUR I~ASOOOI6 10 49/01/10 09/43/11 EACH OCCURRENCE 000 ~Q 000 EXGE55 LIAB CLAIMS-MADE X II AGGREGATE , , g 10 , 000 000 , pEDUCTIBLE S X RETENTION $ 25, 00 $ (' WORKERS COMPENSATION TSF4441149927 INCL USL6H 49/41/14 49/41/11 ~/ X A U- _ ANp EiMPLDYERS' LUIBILITY YIN y T9RY LIMITS ER E ANY PROPRIETDRlPARTNER/EXECIffIV MARITIME 4eHV43o4aC2314 4x/41/14 49/41/31 E L EACHACCIDEN7 ~Q~ Z 000 OFFICERIMEMBER EXCLUDED? rA _ . ~ , (Nlandalory in NH] tlescribe under es It E.L. DISEASE - EA EMPLOYEE $ 1, 000 , 000 , y DESCftIPTIONOFOPERATIONSbei4w E.L. DISEASE-POLICYLIMIT $ 1,000,000 D Equipment MXI93023018 49/43/14 49/43/33 Owned By Schedule Leased/Rented EQ soon s avE3~1.oA4 car£aa.GS L/R-item $750, 000 DESCRIPTIONI QF DPERATIDNS !LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, K more space is required} Project.5243 -Billing's Bait Stand and Clem's Marine Boat Ramp Rehabilitation. City of Corpus Christi is named as Additional Insured an General Liability, Automobile Liability and Umbrella polieis. 30 nay Notice of Canaeliation applies. All when required by written contract. GI"RTIFICATE HOLDER GANCELLATION CITYCOR SHOULD ANY t]F THE ABOVE DESCRIBED POLICIES B!E CANCELLED BEFORE THE EXPIRATION DATE THEREQF, NOTICE WILL BE DELIVEREp IN City Of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Services Attn: Contract Administrator AUTHDRIZEDREPRESENTATIVE P.O. Box 9277 Corpus Christi TX 7$469-9277 8 C N. All rights reserved. AGORD 25 I[20091D9) The ACORD name and IDgo are registered marks of ACQRD ~.vv~rua~=~ ~.cn r rrr~,H r ~ mymocrc: KtV151VIV NUMCtK: i I "+/. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I GARAGE COVERAGE FORM ~I TRIICI~RS COVERAGE FORM This endorsement changes the policy effective on the inception date of the nnl i rv unless anot_hPr daY_P i ~ i nr~icai-Pr3 hRl ~w~ Endorsement Effective Policy I3umber Septembe 1, 2410 BAPC720409346 famed Insured MB Western Industrial Contracting, In .Coup ~~.utinorizea ne~r~~ciitatlVe} The provisions and exclusions that apply to I,TABTLITY COVERAGE also apply to this endorsement. City of Corpus Christi Dept. of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78969-9277 (Enter Name and Address of Additional Insured.) is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Lia3~ility Coverage is afforded under this policy. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional insured.- The additional. insured will retain any right of recovery as a claimant under this policy. FORM T8 99 O1S - ADDITIONAL INSURED Texas Standard Automobile 8ndorsement Prescribed March 1B, 1992 S COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHPNGES THE POLICY - PLEASE READ IT CAREFULLY TEXAS CHANGES -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART LXQUOR LIABILITY CDVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY CDVERAGE PART "~RAILRbAI} PROTECTIVE LIABILITY COVERAGE PART I n the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree t o mail prior written notice of cancellation ar material change to: Schedule 1~. Name: ~ SEE BELOW " 2 . Address : SEE BELOW 3. Number of gays advance notice: THIRTY {30) / City of Corpus Christi Dept. of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78459-9277 " Inc ial Contractin t I d MB W . g, r estern n us Named Insured: Policy Number LHS00015 10 September 1, 20 10 Effective Date of This Endorsement : Title (Printed) C00 CG0205 {11-85) Name (Printed) - Sharers R. Groppell . TE o2 ozA CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT 'Priis~endorsement modifies insurance provided umder the following: B[TSINSSS AtlTO ~ COVERAGE FDRM GARAGE COVERAGE FBRM TRIICICSRS COVERAGE FORM This endorsement changes the policy effective on the inception date of the paiiGy .,Y,~Aaa ~notl~er date is indicated below: Endorsement Effective Policy Number Septemb ex 1, 2010 BAPC720409346 ~y Named Insured ..` `c/ A4B Western Industrial Contracting, In tounte •~ [Authorized Repres~ritativel THLRTY_ (3'01_ J days before this policy is cancelled or materially changed to reduce or restrict coverage we will mail native of~the cancel lation a r change t o W (Enter Name and Address} ,, City of Carpus Christi Dept. of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 7E469-9277 Authorized Representative: Name {Printed} : Sharen R. Groppell Title {Printed}: C00 FARM TP. G2 02A - CANCELLATION PRDVISION OR COVERAGE CSANG8 BLdDOR58MS11T Texaa Stamdaxd Atttomabile Eadaraemsnt Prescribed November 1, 1987 WORI~EEY$ COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 O 6 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy becau$e Texas is shown in item 3.A. of the Information Page. In the Event of ~cancelation or other material change of the policy, we will ;nail advance notices to the person or organization named in the Schedule. The number of days advar~ce notices is shown in the Schedule. This indorsement shall not ogerate directly or indirectly to benefit anyone not named in the 5criedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.Q. Box 9277 Corpus Christi, TX 784 6 9-927 7 This endorsement changes the policy to which it is attached and is effective ozi the date issued unless. otherwise stated. {The information below is required only when this endorsement is issued subsequent to preparation of the policy.} Endorsement Effective 9/1/10 Policy No. Endorsement No. b / TSF0001108927 Tnsured MB Western Industrial Contracting, Inc. emiu $ Insurance Company Countersigned By: wC 42 06 OI Name {Printed): Sharen R. Groppeli (Ed. 7-B4) Title {Printed}: C00 U 9 ~~'~~{i~~ ~lt~.: ~1~~SI l~X~ ~S:(tObl).[~ ltl 3'i~nuu~z;: ~4Z~7SU.~~ .FLei~e~~~;l o: 1~1~i5T.L1?IS ~Oi}El~~ {}) '~il~J~~.: ~ 7..~3~3,~~ [:ui'~#mis~ifan: ~~ ,~ `~~ ~t~r~r I.r~der~~i~y & t..~ab~le~~y ~a~rnpany ~~~ ~~.~~ ~~„ ~~€~~, ~~;~~ 7~t}, ~~„firo,w, ~~~ 3an~sA'IpI'ET~TT~~N ~'RQDUCER! PLEASE EXA]~/gNE THIS ~1~T~A~ CE~'~'I~~C~'T'~ I70CUMEN'T CAREFULLY. IF ANY ©F TIDE 'T'ERMS OR CONDITIONS VARY FROM ~~t~~~d ~Assux4ci: ~1B ~'est~r,t ~,xc~ustr9~1 Cun#raeii,i~ C:a,,,panw THOSE THAT YOL7 REQUES'T'ED, ~~3 Wesierl~ ~£eC~ Lrertc,CS COt~tr3,Cti,lg Go~npa„~~ NOTIFY HUI.i, $~ COMPANY ~..~.13~x ~~gy IMMEUI.A'~'ELY IN WRITING. P~sade,~i~ '~'~ '~~SflR .;~~~i~.;a~~rsf ~z_ Itlsrtri~acc:: Cfn~ ~1iliict,t a„d nda 1:04t3,s----____~w__w______~,..~__....___...__~_~__....._....___.._~__- ~.-I)t~lixt`s 1'uliry:~'~rzr~ci~ ~°ram: 32:~i~ ~.n1. 4e{~te,,,~iGr. i, 201p 3.;5`x' T~: 1~:~1~. ~t.ru. Se~~e,~rer. ~s ~~~17 ~tS'F ~~~ twa~tt,merait,{ R~3~,-ine l..i:~bilit3° ,' Ch~rte~-e3:s3:.e;~s,3 T.:abilitr~ . 1:;1 t~r~sidert~tit~a~ cii"tite {att~~~set~t i3f prn~utt~. ai is aw~~;i tktat tk~r golirv deli Wt,al~d ai~c~~~e is rc.st~:Lx,~i±~ ~'~.~r +;3~e p~ria~ ;;ta!~d, s;~bj~c~ ~ Y~ t~r~~~ anc{ c~ttc3rtic~i~s tt}e~~.c?3= er.ce}~t ~~ ~tt.~el,e~i ttr;vu~,d~.~~. P~ L~~i~ I~.I>r~C~ ~C(~lT~t..PC.)~~~IC"~ ANI7 ~~t3~°~.°~T~S C`~l~`I'~i:~'l.'ATI<~~v~~1'~i~f ~'1". ~~^ ~~ ~` _ ~` fi ~.. r ~ ~• 3jaie Con~,te~~i~ittetl ~,~r_._...~.,_..~b. `~ f ~ [ ~ ' ~ .#' ~u#itc,r~:~i`i 1 ~rc'~e~tt~tive Sta~r?~I<,ri,~e Arc„cy ~f'~~aas, I,,e. t~ 1~ ITI~3'sc ~`1~:F3t~°~3F, tl:~ Ct~mpa,~~° l~s ctta~~ed this Rea~tt~al C~erti~icai-~ 1~'~ be axecut~ti 1~ir~.~-, but this ]tznc,wat ~erEi~c:c~~ slz,~l n~~t be i<~ali,~ fu31~~~ cotttl€~rsi~»~,d ley ~ dt,t~~ az~t~ii~.riied i~e{~r~s~.ttiatize ~i ;tac Ct~sz,~r~t,y. s~ ~ ~ic7FF':YS~ ~~f?US~S~ a }~ Y prc:=[fl4~ti ` \._._., ~~~~~:~~~-.: ~~J~~x ~,r~:n~~~.1s~ 1.~i ~~:ner~~l t~l'y ~~;A~I L115 E~410~l.15'D~3 ~Prs:.~=,:ia»: 54.7541 ;~ ~p~ ~ta~~ ~nde~ni~y & L~a~ili~y C~~~~-~~ ~..._.~. S ~':jk>itl~ 11~t~1Z1V 1~, ~.~w~l~~.~ (Q)'Y ~1'~;~~~. 1s,}tu. ,'~~~=.;o~.t-ar tai Itt.~ttr~a.4e: 3''~lioy :~'tt'ic~tl: ~ta= ~i51 San )}~C1E~C: SWIt'.C ~~}~, ~~UYd.S~'t91Y_ ~'~ ~~~~?EiATT]ENT~Q~N g'RC~DUCER~ PLEASE H~MTNE THYS NE~~ CERTIFICA"~'~ DOCUMENT G~REFULLI'. IF ANY OF TI-TE 'T'ERMS OR C(7NDITIONS VA,Ry FRp~ `1~ ~ester~ :i:iclpstri:al Gutatraetua~ Ctrnalaan;~ THOSE THAT YOU REQUES'~ED, ~~13 ~'esleraa ~tccl &retiK~rs CQ:-ir~Ctlal~ ~onapaaar: NO'T'IFY HULL $~ COMPANY ~.ta.l3cax 53ii9 TMcMF.DIATELY IN WRTT'TNG. PatadeaaR, "t'~ ~;? x.5€18 (3aa~ M~liluaa a•~d P©~ 1:E1(itla.~-------.w-~-.______..__....._...._____..~~____..,........___.._...r_~_ ....,..~3n11~a°s :E'rc~~: 1.~.:~I n.an. SelrtenaNie:' s, 2U1[3 I.,S" 'Ccy_ i2:f1I a.1ss. Se]ateaxfla~t-11, ?~1I is8'I, ~tFaaer~ssai 1!'1:!rita~ I.a~bJ<lit1- ; (rhart~ea~e:-s T.e~xl I.:eabilii~ I:i cotisiaesu.ti~~ ~~ tta p~~~rs~et~i ~#'prur.:4i~Aax iz is a~e~ tit t:~~~poli.c'~; desi~sai~~l ahc:~~ i~ r~r~~~c~ ~c?r tl~e. ~~ri,~~d ~x~a.tt'd, s~l~~~et tc~ tlae l~rttlt std cc~ditisz:a~ tlt~r~t~l- excclsi: t~.s ait~elie,rl ~es~eux~de~r. ~~1«~S R~~.i:~ Yt~1.'~'. }?()I~~I["~' ANTI :K~~::1x:~'~:~i1S t";>1~:~":I1=IC: ~"f"ti' ~~v#?Ti~ ~'l~`. ,~` Date E:'~tant~a+?51~anc'd - - ~ ~~ ~ ~ ~" e~~ t ~ f ` ~,utitot~'r.~~i Represe;ltt~t:rc Starr ~la~'irre A~cQC:p ~f'Fexas, Inc. }~ 1~'I`1°N~.SS l~'IiER~C31=; #1_~ C+»ipa~~}• lz~s c~u~~} tili~ Rr~~rrFal C~~a'tificat~ tr he exec~t~cllie.}.o~~, butt}pis Itcn~wal C'eati~fi€<t~ s}3~1 not ;~+.~alicl urzlc.s ~n~atLr~i~z:~:cj 1?y a daa}i- at~1~~a•ixe:tl r~}~r~unttati~~ r3f ttae C'a~it'~ara~. C".r~:c~YAI t::~:=:~z~~:i - ~~ . ~ ~~ ~---- COMMERCIAL MARINE LIABILITY DECLARATIONS POLICY NUMBER: MASI LHS 000015 NAMED ASSURED: MB Western industrial Contractin Com an MB Western Steel Erectors Contractive Co~any MAILING ADDRESS: P.O. Box 5399 Pasadena. TX 77508 POLICY PERIOD: From September 1, 2009 to Seatember 1, 2010 at 12:01 A.M. Local Standard Time at the mailung address shown above Ola' THE: Starr Indemnit & Liabilit Corn an Loss, if any, payable to Assured, or order. IN CONSIDERATION OF THE FAYMENT OF THE PREMIUM, AND SUB3ECT TO ALL THE TERMS OF THIS POLICY, THE COMPANY AGREES TO PROVIDE INSURANCE AS STATED HEREIN, I. LIMIT OF LIABILITY: A. Limit each Occurrence including Supplementary Payments: S1.000,000., Combined Single Limit B. Products Hazard or Completed Operations Hazard or with respect to liabiliity arising out of independent contractors Aggregate Limit: $1,000,000. C. Personal Injury and Advertising Injury Aggregate Limit: $100000. D. Fire Damage Liability Limit: $50.004. ANY ONE FIRE E. Premises Medical Payments Limit: $5,000. ANY ONE PERSON ,~ F. General Aggregate Limit {Other Than Products-Completed Operations) $2,000.600., Combined Single Limit. COMBINED SINGLE LIMIT: It is understood and agreed that in the event of an occurrence involving wore that one policy form, section, or endorsement the maximum limit of liability under this policy for any one occurrence shall not exceed $1 000 0_OU. / II. DEDUCTIBLE: No claims shall be payable under this policy unless the a~gregate liability for any one occurrence, including supplementary payments, exceeds the sum of$10,000.00 any one accident ar occurrence, except $25,000.00 -any one accident or occurrence as respect Pollution Claims and this sum shall be deducted from the amount payable hereunder for each occunrence. Medical Payments are not subject to the deductible. MB Western Industrial Contracting Company Page 1 CML/CLL Policy No.: MASI LHS 000015 09 September 1, 2009 III. PREMIUM AND REPORTING: It is understood and agreed that a deposit premium of $43.000.00 is payable upon attachment of this policy. The Assured, by acceptance of this policy, agrees to keep an accurate record of all "gross receipts"" for operations covered under the terms and conditions of this policy, which recorcl-shali be open to examination by representatives of this Company at all times during business hours, during the term of this policy or thereafter, and further agrees to report to this Company on an annual basis. On or befe1e ~~, {30}days after the preceding 12 months the total amount thereof (collected or uncollected) for the preceding 12 momhs or such period as is within the term of this policy. (The earned premium hereunder to be computed thereon at the rate $.SO per 5100 of "Grass Receipts" {the estimated annual premium based on estimated annual"Gross Receipts" of $9.000,000.1; Charterer's Legal Liability $1.254.00 Flat Charge; Watercraft Liability $1 {,,,00.00 Flat Charge and applied against the minimum earned and deposit premium until same is exhausted, fallowing which all further earned premium shall be due and payable to this Company a_t time of filing the report on which the earned premium is due. This Company shall have the right of set off against the claims payable under this policy of any premium due hereunder. It is agreed that the annual minimums earned premium hereunder shall be $40.00.00. ~ IV. LOCATIONS: Property, facilities, and offices of the Assured(s) that are owned, rented, leased or occupied and are insured hereunder. 1. 711 Old Genoa Red Blufh Houston. TX 77034 ~ 2. 711A Old Genoa Red Bluff Houston TX 77034 / V. COVERAGE TERRITORY: This insurance applies only to Bodily Injury or Property Damage which occurs within the coverage territory. VI. CANCELLATION: .This policy may be canceled by the First Named Assured by mailing to the Company written notice when thereafter such cancellation shall be effective. This policy may be canceled by the Company by mailing to the First Named Assured at his last known address written notice skating when, not less than thirty {30}~days thereafter, such cancellation shall be effective; except in event of non payment of premium, only ten 10 days notice in writing to the First Named Assured is required. Such notice sent to the First Named Assured in the care of the broker or agent who negotiated this policy shall have the same effect as if sent directly to the First Named Assured. If cancellation is at the Assured's option, the Company will return a "short return premium"; if cancellation is at the Company's option, pro ra#a unearned premium will be returned as soon as practicable. VII. PARAMOUNT EXCLUSIONS: The following exclusions shall be paramount and shall override anything contained in this policy inconsistent therewith: a. Asbestos Exclusion In consideration of the premium charged, it is agreed that this policy shall not apply to any liability far bodily injury or property damage, including loss of use thereof, arising out of the manufacturing, processing, handling, distribution, sale, application, removal ar use of asbestos, or asbestos related product(s). b. Directors and Officers Exclusion It is understood and agreed that coverage afforded by this policy shall not apply to any director and/or officer of the Assured by reason of any wrongful act committed in their capacity as a director and/or officer of the Assured. It is further agreed that the term "wrongful act" shall be defined as, but not limited to, any breach of duty, neglect, error, misstatement, misleading statement, omission or other act actually done or attempted by a director and/or officer claimed against them solely by reason of their capacity as such. MI3 Western Industrial Contracting Company Page 2 CniL/CLL Policy No.: MAST LHS 000015 09 September 1, 2009 c. Ernnloyment-Related Practices Exclusion It is understood and agreed that this insurance shall not cover: "Bodily Injury" arising out of any refusal to employ, termination or employment, coercion, demotion, evaluation, re-assignment, discipline, defamation, harassment, humiliation, discrimination or other employment-related practices, policies, acts ar omissions or consequentia! "bodily injury" as a result of the above. "Personal injury" arising out of any refusal to employ, termination of employment, coercion, derttotion, evaluation, re-assignment, discipline, defamation, harassment, humiliation, discrimination or other employment practices, policies, acts or omissions; or consequential "personal injury" as a result of the above. This exclusion applies whether the Assured may be held liable as an employer or in any other capacity and to any obligation to share damages with or to repay someone else who must pay damages because of the injury. d. Fiduciary Liability Exclusion In consideration of the premium charged and notwithstanding anything therein to the contrary, it is hereby agreed that such coverage as is afforded by this policy shall not apply to any claim or claims arising out of fiduciary liability. e. Health Hazard Exclusion Notwithstanding anything to the contrary contained in this policy, no coverage is granted by this policy for any claim or expense (including but not limited to defense cost) arising out of the following exclusion. 1) POLYCHLORINATED-BIPHENYL .C.B.:- Bodily Injury or Personal Injury or loss of, damage to or loss of use of property directly or indirectly caused by Polychlorinated Biphenyl. The term PCB as used in this exclusion means Polychlorinated 1iphenyl or any derivative thereof. 2} SILICA:- Bodily Injury or Personal injury or loss of, damage to or loss of use of property directly or indirectly caused by Silica. 3} LEAD:- Bodily Injury or Personal Injury or loss of, darnage to or loss of use of property directly or indirectly caused by lead and/or lead related compounds and/or lead derivatives. It is further agreed that this policy shall not apply to any liability far Bodily Injury or Personal Injury and/or Property Damage made by or on behalf of any person or persons directly or indirectly on account of continuous, intermittent or repeated exposures to, umgestion, inhalation, or absorption of, any substances, materials, products, wastes or emissions, noise or environmental disturbance where the Assured is or may be liable for any reason including, but not limited to, as a result of the manufacture, production, extraction, sale, handling, utilization, distribution, disposal or creation by or on behalf of the Assured of such substances, materials, products, wastes or emissions, noise or environmental disturbance. For the purpose of this clause, the term "Personal injury" shall mean bodily injury or insult (including death at any time resulting therefrom}, mental injury, mental anguish, shock, sickness, disease, disability, detention, humiliation or wrongful eviction. f. Occupational Disoase Exclusion It is understood and agreed that this insurance shall not cover any liability, loss, damage or expense as MB Western industrial Contracting Company Page 3 CML/CLL Policy No.: MAST LHS Ofl0015 09 September I, 2009 regards personal injury (fatal or non fatal) resulting from occupational disease sustained by any employee of the Assured. g. Professional Liabili 1 Errors or Omissions Exclusion In consideration of the premium charged, it is hereby agreed that this policy shall not apply to any claim or claims arising out of a breach of professional duty by reason of any negligent act, error or omission, malpractice or mistake of a professional nature committed or alleged to have been commit#ed by or on behalf of the Assured in the conduct of any of the Assured's business activities. Professional services includes but is not limited to the preparation or approval of maps, plans, opinions, reports, surveys designs or specifications and supervisory, inspection, engineering, or data processing services. h. Punitive Damage Exclusion It is understood and agreed that this insurance shall not cover any fines, penalties, punitive damages, treble damages or any other damages resulting from the multiplication of compensatory damages. i. Securities and Financial Interest Exclusion It is agreed that no coverage under this policy shall apply to any damages arising out of or by reason of, 1) The purchase, or sale, or offer of sale, or solicitation of any security, debt, bank deposit or financial interest or instrument; or 2) Any representation made at any time in relation to the price or value of any security, debt, bank deposit or financial interest or instrument; or 3) Any depreciation or decline in price or value of any security, debt, bank deposit or financial interest or instrument. 4) Any intentional or unintentional violation of any provision of Federal or State securities laws, including but not limited to the Securities and Exchange Act of 1934 or any amendments or additions thereto. It is furthermore agreed that the Company has no obligation to defend or pay for the defense of any claim that may allege any of the foregoing. j. Absolute Pollution Exclusion It is hereby understood and agreed that such coverage as is afforded by this policy shall not apply to any claim arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials, oil or other petroleum substariee or derivative (including any oil refuse or oil mixed wastes} or other irritants, contaminants or pollutants into ar upon land, the atmosphere, or any wa#ercourse or body of water. k. AIMU Extended Radioactive Contamination Exclusion Clause with U.S.A. March 1 2003 This clause shall be paramount and shall override anything contained in this insurance inconsisten# therewith. In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from 1. ionizing radiatigris from or contarriination by radioactivity from any nuclear fuel oz from any nuclear waste or from the enrRibustion of nucleaz fuel MB Western Industrial Contracting Company Page 4 CML/CLL Policy No.: 1VIASI LH5 000015 fl9 Septemaer 1, 2009 2. the radioactive, toxic, explosive or other hazardous or contaminating properties of arxy nuclear installation, reactor or other nuclear assembly or nuclear component thereof 3. any weapon or device employing atomic or nuclear fission at~dlor fusion or other like reaction ar radioactive force or matter. the radioactive, toxic, explosive or other hazardous or contaminating properties of any radigactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, al~'icultural, medical, scientific or other similar peaceful purposes. Radioactive Cantamina#ion Exclusion Clause,~iJ,S.A.) This insurance is subject to the Extended Radioactive Contamination Exclusion Clause (March 1, 2003) provided that if fsre is an insured peril and where the subject rnatter insured ar, in the case of a reinsurance, the subject matter insured by the original insurance, is within the U.S.A., its islands, onshore territories or possessions and a fire arises directly or indirectly from one or more of the causes detailed in Sub-Clauses 1, 2, and 4 of the Extended Radioactive Contamination Exclusion Clause March 1, 2003 any loss ar damage arising directly from that fine shall, subject to the provisions of this insurance {reinsurance), be covered, EXCLUDING however any loss damage liability or expense caused by nuclear reaction, nuclear radiation, or radioactive contamination arising directly or indirectly from that fire. AltMii ChemicaL_Biological, Bio_Chemicai, And Electromagnetic Exclusion_Clanse This clause shall be paramount and shah override anything contained in this insurance inconsistent therewith. ]n no case shall this insurance cover loss, damage, liability or expense directly or indirectly caused by or contributed to or arising from an actual ar threatened act involving a chemical, biological, bio-chemical or electromagnetic weapon, device, agent or material when used an an intentionally hostile manner. AIMU U.S. Economic And Trade Sanctions Clause This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith. Whenever coverage provided by this policy would be in violation of any U.S. economic ar trade sanctions such as, but not linnited to, those sanctions administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control ("OI:AC"), such coverage shall be null and void. Similarly, any coverage relating to or referred to in any certificates or other evidences of insurance or any claim that would be in violation of U.S. economic or trade sanctions as described above shall also be null and void. MB Western Induskrial Contracting Company Page 5 CML/CLL Policy No.: MAST LHS 000015 09 September 1, 2009 _m_ ...... _ _._._.. . - r--- 1. Nuclear Energy Liability Exclusion Broad Form] It is agreed that: I. This policy does not apply: A. Under any Liability Coverage to bodily injury or property damage: {1) with respect to which an Assured under this policy is also an Assured under a Nuclear Energy Liability policy issued by Nucieaz Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an assured under any such policy but for its termination upon exhaustion of its limit of liability; or (2} resulting from the hazardous properties of nuclear material and with respect to which (A) any person or organization is required to main#ain financial protection pursuant to the; Atomic Energy Act of 1954 or any law amendatory thereof, or {S} the Assured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United Stated of America, or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to ftrst aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and azising out of the operation of a nuclear facility by any person or organization. C. Under any liability coverage to bodily injury or property damage resulting from the hazardous properties of nuclear material, if { f) .The nuclear material {A) is at any nuclear facility owned by ar operated by or on behalf of an Assured or {B) has been discharged or dispersed therefrom; {2} The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stared, transported or disposed of by or behalf of an Assured; or (3) The bodily injury or property damage arises out of the famishing by an Assured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of Annerica, its temtories or possessions or Canada, this exclusion {3} applies only to property damage to such nuclear facility and any property thereat. II. As used in this exclusion: "Hazardous Properties" means radioactive, toxic or explosive properties; "Nuclear Materials" means source material, special nuclear material or by-product material; "Source Material", "Special Nuclear Material" and "B -Product Material" have the meanings given there in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Beset Fuel" means any fue! element or fuel component, solid or liquid, which has been used or exposed to radiation in a nucleaz reactor; "Waste" means any waste material (A} containing by-product material other than the tailizigs or waste produced by the extraction or concentration of uranium or thorium from any ore processed prnnarily for its source material content, and (B) resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the defuution of nuclear facility; Ml3 Western Industrial Contracting Company Page 6 CML/CLL Policy No.: 1VIASI LHS 0000X5 09 September 1, 2(}09 "Nuclearl•acilitY" means (A} any nuclear reactor, (B} any equipment or device used for (i} separating the isotopes of uranium or plutoniuzr-, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (C) any equipment ar device used for the processing, fabricating or alloying of special nuclear material if any time the total amount of such material in the custody of the Assured at the premises where such equipment or device is located consists of or contains more than 2S grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 23 S, (D} any structure, basin, excavation, premises or place prepared or used for the storage or disposal or waste, and includes the site on which any of the foregoing is ]ncated, all operations conducted on such site and all premises used far operations; "Nuclear Reactor" means any apparatus designed or used to sastain nuclear fission in a self supporting chain reaction or to contain a critical mass of ftssionable material; "Property Damaee" includes all forms or radioactive contamination of property. VIII. DECLARATIONS CLAUSE: By acceptance of this policy, the Named Assured agrees that the statements in the Declarations aze his agreements and representations that this policy is issued in reliance upon the truth of such representations and that this policy embodies ali agreements existing between himself and the Company or any of its agents relating to this insurance. MB Western Industrial Contracting Company Page 7 CML/CLL Policy No.: MAST LHS 110D415 09 September 1, 2009 COMMERCIAL MARINE LIABILITY COVERAGE FORM SECTION ] - BUDILY INNRY AND PROPERTY DAMAGE LIABILITY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this paiicy the wards "Assured" and "the Assured's" refer to the Named Assured shown ~ the Declarations, and any other person or organization qualifying as a Named Assured under this policy. The Words "the Company" and "the Company's" refer to the company providing this insurance. The word "Assured" means any person or organization qualifying as such under SECTION 5 - VVHO IS AN A53URED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION 8 - DEF1NITiONS. 1. INSURING AGREEMENT a. The Company will pay those sums that the Assured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. The Company will have the right and duty to defend the Assured against any "suit" seeking those damages. However, the Company will have na duty tv defend the Assured against any "suit" seeking damages for "bodily injury" ar "property damage" to which this insurance does not apply. The Company may, at the Company's discretion, investigate any "occurrence" and settle any claim ar "suit" that may result. But: { 1) The amount the Company will pay for damages is limited as described in SECTION 6 -LIMITS OF INSURANCE; and (2) The Company's right and duty to defend end when the Company has used up the applicable limit of insurance in the payment of judgments and/or settlements and/or expenses under Sections 1, 2, 3 & 4. No other obligation or liability to pay sums or perform acts ar services is covered. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; and (2) The "bodily injury" or "property damage" occurs during the policy period. c. Damages because of "bodily injury" include damages claimed by any person or organization for care, lass of services or death resulting at any time from the "bodily injury". 2. EXCLUSIONS This insurance does not apply to: a. ExAected or Intended Inlary ~ "Bodily injury' or "property damage" expected ar intended from the standpoint of the Assured. This MB Western Industrial Contracting Company Page 8 CML/CLL Policy No.: MASI LHS 004015 09 September 1, 2©09 exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect pot-sans or property. b. Contractual Liability "Bodily injury" or "property damage" for which the Assured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the Assured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "Insured contract", provided: a. (a) the "bodily injury" or "property damage" occurs subsequent to the execution of khe contract or agreement; and (b} Liability to such party for, or far the cost of, that party's defense has also been assumed in the same "Insured contract"; and (c) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged, c. Liquor Liability a "Bodily injury" or "property damage" for which any Assured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2} The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance, or regulation relating to the sale, gift, distribution, or use of alcoholic beverages. This exclusion applies only if the Assured is in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers Comaensation and Similar Laws 4' Any obligation of the .Assured under a workers compensation, disability benefits or unemployment compensation law or any similar Iaw. This exclusion shall also apply to any liabilities, duties, or obligations of the insured owed to a crewmember or seaman under General Maritime Law. e. Emnl_oyer's Liability "Bodily injury" to: (1) An "employee" of the Assured arising out of and in the course of: {a) Employment by the Asswed; or (b) Performing duties related to the conduct of the Assured's business; or MB Western Industrial Contracting Company Page 9 CML/CLL Policy No.: MAST LHS 040015 09 September 1, 2x09 {2) The spouse, child, parent, brother, sister, relative, dependent, or estate of that "employ~~~' as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the Assured may be liable as an employer or in any other capacity; and (2} To any obligation to share damages with or repay someone else who must pay damages because of the injury. f. Aircraft, Auto or Watercraft / "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned or chartered to any Asstued. Use includes operation and "loading or unloading". This exclusion does not apply to: (1 } Such watercraft while ashore on premises the Assured owns or rents; {2} Such watercraft Assured does not own that is: (a} Less than 2b feet long; and (b} Not being used to carry persons or property for a charge; {3) Parking an "auto" on, or on the ways next to, premises the Assured owns or rents, provided the "auto" is not owned by or rented or loaned to the Assured; . (4) 'Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in paragraph f.(2) or f.(3} of the definition of "mobile equipment". g. Mobile Eauinrnent ~ "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned ar operated by or rented or loaned to any Assured; or {2} Tie use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. h. War Y' "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection; rebellion or revoiutian. This exclusion applies only to liability assumed under a contract or agreement. i. Damaee to Pr~ert~ "Property damage" to: (l) Property the Assured owns, rents, or occupies; MB Western Industrial Contracting Company Page 10 CML/CLL Policy No.: MAST LHS OOOOZ5 09 September 1, 2009 (2} Premises the Assured sells, gives away ar abandons, if the "property damage" arises out of any part of those premises; (3) Property loaned to the Assured; (4) Personal property in the care, custody ar control of the Assured; (5) That particular part of real property on which the Assured or any contractors or subcontractors working directly ar indirectly an the Assured's behalf are performing operations, if the "property damage" at-ises out of those operations; or {6} That particular part of any property that must be restored, repaired or replaced because "the Assured's work" was incorrectly performed on it. Paragraph {2} of this exclusion does not apply if the preanises are "the Assured's work" and were never occupied, rented or held for rental by the Assured. Paragraphs (3}, {4), (5) and {b} of this exclusion do not appiy to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". j. Dame a to The Assured's Product i "Property damage" to "the Assured's product" arising out of it or any part of it. k. Damage to The Assured's Work ,~ "Property damage" to "the Assured's work" arising out of it or any part of it and included th the "products- completed operations hazard". This exclusion does not appiy if the damaged work or the work out of which the damage arises was performed on the Assured's behalf by a subcontractor. I. Dame a to Im aired Pro ert or Pro er Nof Ph sicail Inured "Property damage" to "impaired property" or property that has not been physically injured, arising out of {1) A defect, deficiency, inadequacy or dangerous condition in "the Assured's product" or "the Assured's work": or (2) A delay or failure by the Assured ar anyone acting on the Assured's behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidents! physical injury to "the Assured's product" or "the Assured's work" after it has been put to its intended use. m. Recap of Products. Work or Impaired Proaerty ~. Damages claimed for any loss, cost or expense incurred by the Assured yr others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: MB Western Industrial Contracting Company Page 11 CML/CLL Policy No.: MASI LHS 00©015 09 September 1, 20b9 (1} "the Assured's product"; {2} "the Assured's work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it_ Exclusions c. through m. do not. apply to damage by fire to premises while rented to the Assured or terxiporarily occupied by the Assured with permission of the owner. A separate sublimi# of insurance applies to this SECTION 1 as described in SECTION 6 -LIMITS OF INSURANCE. MB Western Industrial Con#racting Company Page 12 CML/CLL Polley No.: MASI LHS 00(IOiS Q9 Septe~uber 1, 2009 SECTION 2 -PERSONAL AND ADVERTISING INJ[JRY LIABILITY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "Assured" and "the Assured's" refer to the Named Assured shovv~ ~ the Declarations, and any other person or organization qualifying as a Named Assured under this policy_ The wa=ds "the Compapy" and "tbe Company's" refer to the company providing this insurance. The word "Assured" means any person or organization qualifying as such under SECTION 5 -WHO I5 AN ASSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTIpN g _ DEFINITIONS. 1. INSURING AGREENIEN'I' a. The Company will pay those sums that the Assured becomes legally obligated to pay as damages because of "personal injury" or "advertising injury" to which this insurance applies. The Company will have the right and duty to defend the Asswed against any "suit" seeking those damages. However, the Company will have no duty to defend the Assured against any "suit" seeking damages for "personal injury" or "advertising injury" to which this insurance does not apply. The Company may, at the Company's discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (l) The amount the Company will pay for damages is limited as described in SFCCTION G - I-][NITS OF INSURANCE; and (2) The Company's right and duty to defend end when the Company has used up the applicable limit of insurance in the payment of judgments andlar settlements andlor expenses under Sections 1, 2, 3 & 4. No other obligation or liability to pay sums or~perform acts or services is covered. b. This insurance applies to: {1} "Personal injury" caused by an offense arising out of the Assured's business, excluding advertising, publishing, broadcasting or telecasting done by or for the Assured; (2} "Advertisizsg injury" caused by an offense committed in the course of advertising the Assuied's goods, products or services; but only if the offense was committed in the "coverage territory" during the policy period. 2. EXCLUSIONS This insurance does not apply to: a. "Personal injury" or "advertising injury": (1) Caused by or at the direction of the Assured with the knowledge that the act would violate the rights of another and would inflict "Personal injury" or "advertising injury"; (2) Arising out of oral or written publication of material, if done by or at the direction of the Assured with knowledge of its falsity; MB Western Industrial Contracting Company Page 13 CML/CLL Policy No.: MAST LAS 000015 09 September 1, 2009 {3) Arising out of oral or written publication of material whose first publication took place before tine beginning of the policy period; (4} Arising out of the willful violation of a penal statute or ordinance committed by or with the eonSent of the Assured; (5} For which tlfe Assured has assumed liability in a contract or agreement. This exclusion. does clot apply to liability for damages that the Assured would have in the absence of the contract or agreement; or b. "Advertising injury" arising out of: (1} Breach of contract, other than misappropriation of advertising ideas under an implied contract; {2) The failure of goods, products or services to conform with advertised quality or performance; (3) The wrong description of the price of goods, products or services; or {4) An offense committed by an Assured whale business is advertising, broadcasting, publishirrg or telecasting. MB Western Industrial Contracting Company Page 14 CML/CLL 1'oliey No.: MAST LHS 000015 09 September 1, 2009 SECTION 3 -MEDICAL PAYMENTS Various provisions iu this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "Assured" and "the Assured's" refer to the Named Assured shovm in the Declarations, and any other person or organization qualifying as a Named Assured under this policy. The words "the Company" and "the Company's" refer to the company providing this insurance. The ward "Assured" means any person or organization qualifying as such under SECTION 5 -WHO IS AN ASSURED. Other words and pleases that appear in quotation marks have. special meaning. Refer to SECTION S - 17EpIN1TIONS. i . INSURING AGREEMENT a. The Company will pay medical expenses as described below for "bodily injury" caused by an accident; (1) On premises the Assured owns or rents; {2) ~ ways next to premises the Assured owns or rents; or {3) Because of the Assured's operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; {2} The expenses are incurred and reported to the Company within one year of the date of the accident; and (3) The inured person submits to examination, at the Company's expense, by physicians of the Company's choice as often as the Company reasonably require. b. The Company will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. The Company will pay reasonable expenses for: {1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. EXCLUSIONS The Company will not pay expenses for "bodily injury": a. To any Assured. b. To a person hired to do work for or on behalf of any Assured or a tenant of any Assured. MB Western Industrial Contracting Company Page 15 CML/CLL Policy No.: MAGI LHS 000015 09 September 1, 2009 c. To a person injured on that part of premises the Assured owns or rents that the person normally occupies. d. To a person, whether or not an "employee" of any Assured, if benefits for the "bodily injury" are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. To a person injured while taking part in athletics. f. Included within the "products-completed operations hazard". g. Excluded under SECTION 1. h. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or resolution. MB Western Industrial Contracting Company Page lb CML/CLL Pvlicy No.: MASI LHS 000015 09 September 1, 2009 SECTION 4 -_SIIPPI,EMENTARY PAXMENTS SECTIONS 1 AND 2 The Company wiI! pay, with respect to any claim the Company investigates or settles, or any "suit" against an Assured the Company defends: 1. All expenses the Company incurs, including but not limited to "defense costs". 2. Up to $250 for the cost of bail bands required because of accidents ar traffic law violations arising out of the use of any vehicle to which the Bodily Injury I.iabiiity Coverage applies. The Company does not have to furnish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of ir~.surance. The Company does not have to furnish these bonds. 4. Ail reasonable expenses incurred by the Assured at the Company's request to assist the Company in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from ra+ork. 5. All costs taxed against the Assured in the "suit". 6. Prejudgment interest awarded against the Assured an that part of the judgment the Company pay: If the Company makes an offer to pay the applicable limit of insurance, the Company will not pay any prejudgment interest based on that period of time after the offer. 7. All interest on the fui! amount of any judgment that accrues after entry of the judgment and before the Company has paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. If the Company defends an Assured against a "suit" and an indemnitee of the Assured is also named as a party to the "suit", the Company will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indenmitee seeks damages for which the Assured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; h.. This insurance applies to such liability assumed by the Assured; c. Ilse obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by tl~e Assured in the same "insured contract' ; d. The allegations in the "suit" and the information the Company know about the "occurrence" are such that no conflict appears to exist between the interests of the Assured and the interests of the indemnitee; e. The indemnitee and the Assured ask the Company to conduct and control the defense of that indernnitee against such "suit" and agree that the Connpany can assign the same counsel to defend the Assured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with the Company in the investigation, settlement or defense of the "suit"; MS Western )(ndustrisl Contracting Company Page 17 CML/CLL Policy No.: MASI LHS 000015 09 September 1, Z©09 {b) Lnmediately send the Company copies of any demands, notices, summonses or leg~~ papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d} Cooperate with the Company with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides the Company with written authorization to: {a) pbtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys fees incurred by the Company in the defense of that indemn}tee, necessary litigation expenses incurred by the Company and necessary litigation expenses incurred by the indemnitee at the Company's request will be paid as Supplementary Payments. The Company's right and duty to defend end when the Company has used up the applicable limit of itrsurarrce in the payment of judgments and/or settlements and/or expenses under Sections 1, 2, 3 & 4. No other obligation or liability to pay sums or perform acts or services is covered. MB Western industrial Contracting Company Page 18 CML/CLL Policy Na.: MASI LHS OOOOiS 09 Septeaber 1, 2009 SECTION 5 - WHO IS AN ASSURED 1. if the Named Assured is: a. Art individual, then the individual and the individual's spouse are Assureds, but only with respecx to the conduct of a business of which Assured is the sole owner. b. A partnership or joint venture, then the partnership or joint venture is an Assured. The Assured's embers, the Assured's partners, and their spouses are also Assureds, but only with respect to the conduct of the Assured's business. c. A limited liability company, then the limited liability company is an Assured. The Assured's merrxbers are also Assureds, but only with respect to the conduct of the Assured's business. The Assured's managers are Assureds, but only with respect to their duties as the Assured's managers. d. An arganizatian other than a partnership, joint venture ar limited liability company, then the organization Is an Assured. The Assured's "executive officers" and directors are Assureds, but only with respect to their duties as the Assured's officers or directors. The Assured's stockholders are also Assureds, but otxly with respect to their liability as stockholders. 2. Each of the following is also an Assured: a. The Assured's "employees", other than either the Assured's "executive officers" (if the Assured is an organization other than a partnership, joint venture or limited liability company) or the Assured's managers (if the Assured is a limited liability company), but only for acts within the scope of their employment by the Assured or while performing duties related to the conduct of the Assured's business. However, none of these "employees" is an Assured for: {1) "Bodily injury" or "personal injury": {a) Ta the Assured, to the Assured's partners ar members (if the Assured is a partnership or joint venture), to the Assured's members (if the Assured is a limited liability company}, or to a "co- employee" while that co-"employee" is either in the course of his or her employment or performing . duties related to the conduct of the Assured's business; (b) To the spouse, child, patent, btothex or sister of that co-"employee" as a consequence of paragraph {l)(a) above; (c) For which there is any obligation to share damages with or repay someone else who trust pay damages because of the injury described in paragraphs (1){a} or (b} above; or (d} Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented ta, in the care, custody or control of, or over which physics! control is being exercised for any purpose by the Assured, any of the Assured's "employees", any partner or member {if the Assured is a partnership or joint venture}, or any member (if the Assured is a limited liability company). MB Western Industrial Contracting Company Page 19 CML/CLL Policy No.: MASI LHS OOOOIS a9 September 1, 2009 b. Any person {other than the Assured's "employee"), or any organization while acting as the Assured°s real estate manager. c. Any person or organization having proper temporary custody of the Assured's property if the Assured dies, but only, { l j With respect to liability arising out of the maintenance ar use of that property; and (2) Until the Assured's legal representative has been appointed. d. The Assured's legal representative if Assured die, but only with respect to duties as such. 'ghat representative will have all the Assured's rights and duties under this Coverage Part. With respect to "mobile equipment" registered in the Assured's name under any motor vehicle registration law, any person is an Assured while driving such equipment along a public highway with the Assured's permission. Any other person ar organization responsible for the conduct of such person is also an Assured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any gird is available to that person or organization for this liability. However, no person or organization is an Assured with respect ta: a. "Bodily injury" to a co-"employee' of the person driving the equipment; or b. "Property damage" to property awned by, rented to, in the charge of or occupied by the Assured or the employer of any person who is an Assured under this provision. 4. Any organization the Assured newly acquires ar forms, other than a partnership, joint venture or limited liability company, and over which the Assured maintains ownership or majority interest, will qualify as a Named Assured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after the Assured acquires ar forms the organization or the end of the policy period, whichever is earlier; b. SECTION 1 does not apply to "bodily injury" or "property damage" that occurred before the Assured acquired or formed the organizzation: and c. 5ECT10N 2 does not apply to "persona! injury" ar "advertising injury" arising out of an offense committed before the Assured acquired or formed the organization. No person or organization is an Assured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Assured in the Declarations. MB Western Industrial Contracting Company Policy No.: MASI LHS fl00015 09 Page 20 CML/CLL September 1, 2009 __~ SECTION 6 _ LIMITS OR INSURANCE I. The Limits of Insurance shown in the Declarations and the rules below fzx the most the Company Will pay regardless of the number of: a. Assureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2.. The General Aggregate Limit is the most the Company will pay for the sum of: a. Medical expenses under SECTION 3; b. Damages under SECTION 1, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard' ;and c. Damages.under SECTION 2. d. Amounts recoverable under SECTION 4. 3. The Products-Completed Operations Aggregate Limit is the most the Company will pay under SECTIONS I and 4 for damages because of "bodily injury" and "property damage" included in the products-completed operations hazard". 4. Subject to 2. above, the Personal anal Advertising Injury Limit is the most the Company will pay under SECTIONS 2 and 4 far the sum of all damages because of ail "personal injury" and al! "advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most the Company will pay for the sum of: a. Damages under SECTIONS 1 and 2; b. Medical expenses under SECTION 3; c. Amounts recoverable under SECTION 4. because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to 5. above, the Fire Damage Limit is the most the Company will gay under SECTION 1 for damages because of "property damage" to premises, while rented to Assured ar temporarily occupied by Assured with permission of the owner, arising out of any one fire. 7. Subject to 5. above, the Medical Expense Limit is the most the Company will pay under SECTION 3 for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of lnsurance. MB Westerq lndustria! Contracting Company Page 21 CML/CLL Policy No.: MASI LHS 000015 09 September 1, 2009 SECTION 7 -COMMERCIAL MARINE LIABILITY GENERAL CONDITIONS 1. . BanlvuptCy Bankruptcy or insolvency of the Assured or of the Assured's estate will not relieve the Company of its obligations under this policy. 2. Duties Tn The Event Of Occurrence, Offense,, Claim Or Suit a. Assured must see to it that the Company is notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) Haw, when, and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "pccurrence" or offense. b. If a claim is made or "suit" is brought against any Assured, the Assured must: (1} Immediately record the specifics of the claim or "suit" and the date received; and (2} Notify the Company as soon as practicable. Assured must see to it that the Company receives written notice of the claim or "suit" as soon as practicable. c. Assured and any other involved Assured must: (1) Take such steps to minimize and avoid liability, before and after any casualty or occurrence, as would be taken by a prudent uninsured person; (2) Immediately send the Company copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (3) Authorize the Company to obtain records and other information; (4) Cooperate with the Company in the investigation or settlement of the claim or defense against the "suit' ;and (5) Assist the Company, upon the Company's request, in the enforcement of any right against any person ar organization, which may be liable to the Assured because of injury ar damage to which this insurance may also apply. d. No Assured will, except at that Assured's own cost, voluntarily make a payment, assume any obligation, make any admission of liability, ar incur any expense, other than for first aid, without the Company's consent. e. The Company shall have the option of naming the attorneys who shall represent the Assured in the prosecution or defense of any litigation or negotiations between the Assured and third parties concerning any claim covered by this Policy, and in any event, the Company shall direct the progress of such litigation or negotiations. MB Western Industrial Contracting Company Page Z2 CML/CLL Policy No.: MAST LHS 000015 09 ~ September 1, 2009 f. If the Assured shall fail, or refuse, to settle any claim as authorized by the Company, the liability of the Company shall be limited to the amount for which settlement could have been made plus legal fees and disbursements incurred (subject to SECTION 6 of this policy) to the date the Assured fails or refuses to settle any such claim, less the amount of any deductible provided for in this Policy. If thereaf}er any amount is recovered against the Assured in excess of the amount of any settlement autharizea by the Company {less the deductible), such excess amount, plus any additional legal fees and disbursements, shall be solely far account of the Assured. 3. Notice Of Occurrence Whenever the Assured has information from which the Assured may reasonably conclude that an occurrence covered hereunder involved uzjuries or damages which in the event that the Assured should- be held liable, is likely to involve this 1?olicy, notice shall be sent to: VeriClairn 1833 Centre Point, Ste 139 Naperville, IL 60563 as soon as practicable, provided, however, that failure to notify the above firm of any occurrence which at the time of its happening did not appear to involve this Policy, but which, at a later date, would appear to give rise to claims hereunder, shall not prejudice such claims. 4. Le al Action A ' st The Com an No person or organization has a right under this policy: a. To join the Company as a party or otherwise bring the Company into a "suit" asking for damages from an Assured; or b. To sue the Company an this policy unless all of its terms have been. fully complied with. A person or organization may sue the Company to recover on an agreed settlement or on a final judgment against an Assured obtained after an actual trial; but the Company will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by the Company, the Assured and the claimant or the claimant's legal representative. 5. Other Insurance If other valid and collectible insurance with any other insurer is available to the Assured covering a loss also covered by this policy, other than insurance that is excess of the insurance afforded by this policy, the insurance afforded by this policy shall be in excess of and shall not contribute with such other insurance, either as double insurance or otherwise. Nothing herein shall be construed to make this policy subject to the. terms and conditions and limitations of other insurance. 6. Premium Audit a. The Company will compute all premiums for this policy in accordance with the Company's rules and rates. b. Fremium shown in this policy as advance premium is a deposit premium only. At the close of each audit period the Company will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Assured. MB Western Industrial Contracting Company Page 23 CMLJCLL Policy Na.: MASI LH5 OOOD15 09 September I, 2009 c. The first Named Assured must keep records of the information the Company needs for premium computation, and send the Company copies at such time as the Company may request. 7. Representations By accepting this policy, the Assured agrees: a. The statements in the Declarations are accura#e and complete; b. Those statements are based upon representations the Assured made to the Company; and c. The Company has issued this policy in reliance upon the Assured's representations. 8. Senaration_9f Assureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Assured, this insurance applies: a. As if each Named Assured were the only Named Assured; and b. Separately to each Assured against wham claim is made or "suit" is brought. 9. Inclusion of Additional Assureds or Loss Pa +~ees Wherever additional assureds or loss payees are added to this policy it is specifically agreed: a} Such additional assureds or loss payees are included only with respect to such activities insured by this policy as would exist in the absence of the naming of additional assureds ar lass payees and coverage hereunder shall in no way be considered extended by the inclusion of additional assureds or foss payees. b) The inclusion of additional assureds or loss payees in no way increases the limit of liability hereunder. c} In the- event of cancellation or change in policy coverage unless specifically endorsed in writing to the contrary hereon, no obligation is imposed on the Company to send notice of cancellation or change of coverage to an additional assured or loss payee and notice to the First Named Assured shall discharge ali obligations of the Company hereunder. The Company shall not be required to notify additional named assureds or loss payees of any cancellation received from the First Named Assured hereon. I0. Subrogation If the Assured has rights to recover all or part of any payment the Comgany has made under this policy, those rights are transferred to the Company. The Assured must do nothing after loss to impair such rights. At the Company's request, the Assured will bring "suit" or transfer those rights to the Company and assist the Company in the enforcement of such rights. 11. Assignment Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon; if, however, the Assured shall die, such insurance as is afforded by this policy shall apply (1) to the Assured's legal representative, as the Assured, but only while acting within the scope of his duties as such, and (2) with respect to the property of the Assured, to the person having proper temporary custody thereof, as Assured, but only anti! the appointment and qualification of the legal representative. MB Western Industrial Contracting Company Page 24 CML/CLL Policy No.: MASI LHS 0004>C5 49 September 1, 2049 12. chi Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or stop the Company for asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. MB Western Industrial Contracting Company Page 25 GML/CLL Policy No.: MASI LHS 000015 fl9 September 1, 2009 SECTION S - AEFiNITIONS 1. "Advertising injury" means injury arising out of one or more of the followirsg offenses: a. Oral or written publication of material that slanders or libels a person or organization or dispa,z-ages a person's or organization's goods, products ar services; b. Oral or written publication of material that violates a person's right of privacy; c. Misappropriation of advertising ideas or style of doing business; ar d, infringement of copyright, title, trade dress or slogan in the Assured's advertising. 2. "Auto" means a land motor vehicle, trailer or semitrailer designed far travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; h. International waters ar airspace, provided the injury or damage does not occur in the course of travel or transportation to or from anyplace not included in a. above; or c. All parts of the world i£ { 1 } The injury or damage arises out of: (a) Goads or products made or sold by the Assured in the territory described in a. above; or (b) The activities of a person whose home is in the territory described :ut a. above, but is away for a short time on the Assured's business; and {2} The Assured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement the Company agrees ta. 5. "Defense casts" means the legal and investigative casts, fees, and expenses, including attorneys' fees, which are incurred in the process of handling a claim presented under this policy. Defense casts do not include salaries and expenses of the Company's employees, other than employed attorneys, or salaries and expenses of the Assured's "employees". 6. "Employee" includes a "leased worker'. "Employee" does not include a "temporary worker". 7. "Executive officer" means a person holding any of the officer positions created by the Assured's charter, constitution, by-laws or any other similar governing document. 8. "Gross Receipts" means the gross amount of money charged by the Named Assured for "The Assured's Product" and "The Asswed's Work" during the Policy Period, and includes: a) taxes, other than taxes which the Named Assured collects as a separate item and remits directly to a governmental division. MB Western Industrial Contracting Company Page 26 CML/CLL Policy No.: MAST LHS 000015 09 September 1, 2009 b) cost of subcontractor{s} 9. "Impaired property" means tangible property, other than "the Assured's product" or "the Assured's work", that cannot be used or is less useful because: a. it incorporates "the Assured's product" or "the Assured's work" that is known or thought to he defective, deficient, inadequate or dangerous; or b. ~ The Assured has failed to fulfil! the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement. adjustment or removal of "the Assured's product" or "the Assured's work"; ar b. The Assured's fulfilling the terms of the contractor agreement. ! 0. "Insured contract" means: a. A contract for a Iease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to Assured or temporarily occupied by Assured with permission of the owner is not an "Insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a .municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Assured's business (including an indemnification of a municipality in connection with work performed for a municipality} under which Assured assumes the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract ar agreement. Paragraph f. does not include that part of any contract or agreement: a ; {2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications: or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or MB Western Industrial Contracting Company Page 27 CML/CLL ]Policy No.: MAST LHS OOOOI5 09 September 1, 2009 (3} Under which the Assured, if an architect, engineer or surveyor, assumes liability for an ixaj~, or damage arising out of the Assured's rendering or failure to render professional services, includirig those listed in (2) above and supervisory, inspection, architectural or engineering activities. ] l . "Leased worker" means a person leased to the Assured by a labor leasing firm under an agreement betvt,een the Assured and the Iabor leasing firm, to perform duties related to the conduct of the Assured's business. „Leased worker" does not include a "temporary worker". 12. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c.. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". l3. "Mobile equipment" means any of the following types of land vehicles, including any attached rnaclxinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally offpublic roads; b. Vehicles maintained for use solely on or next to premises the Assured owns ar rents; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: {1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices.used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self propelled vehicles with the following types of permanently attached equipment are not 'mobile equipment" but will be considered "autos': (l} Equipment designed primarily for: (a) Snow removal; MB Western Industrial Contracting Company Page 28 GMLICLL Policy No.: MASI LIiS OOODl.S 09 . September I, 2009 (b) Road maintenance, but not construction or resurfacing; or {c} Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, Iighting and well servicing equipment. 1~1. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. In the event of continuing or progressively deteriorating damage over any length of time, such damage shall be deemed to be one occurrence, and shall be deemed to occur only when such damage first commences. 15. "Payroll" means the total remuneration paid to each employee for services rendered during the policy period excluding executive officers engaged primarily in clerical operations and excluding extra wages paid for overtime. 16. "Personal. injury" means injury, other than "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; or e. Oral or written publication of material that violates a person's right of privacy. 17. "Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises the Assured owns or remts and arising out of "the Assured's product" or "the Assured's work" except: (1} Products that are still irn the Assured's physical possession; or (2} Work that has not yet been completed or abandoned. However, "the Assured's work" will be deemed completed at the earliest of the following times: {a) When all of the work called for in the Assured's contract has been completed. {b} When all of the work to be done at the job site has been completed if the Assured's contract calls for work at more than one job site. {c} When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. MB Western Industrial Contracting Company Page 29 CML/CLL Policy No.: MAST LHS OOOOLS 09 September I, 2009 Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed, b. Does not include "bodily injury" or "property damage" arising out of: {1) The transportation of property, unless the injury or damage arises out of a condition in or an a vehicle not owned or operated by the Assured, and that condition was created by the "loading or um1oading" of that vehicle by any Assured; (2} The existence of tools, uninstalled equipment or abandoned or unused materials; or {3} Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products-completed operations are subject to the General Aggregate Limit. 18. "Property damage" means: a. Physical injury to tangible property, including all resulting Loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. Tangible Property shall not mean computerised or electronically stared data or software. 19. "Short-rate return premium" shall be defined to mean the amount obtained by multiplying the pro rata return premium times 90°10. 20. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage", "personal injury" or "advertising injury' to which this insurance applies aze alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the Assured must submit or does submit with the Company's consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Assured submits with the Company's consent. 21. "Temporary worker" means a person who is famished to the Assured to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 22. "The Assured's product" means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) The Assured; {2) Others trading under the Assured's name; or {3) A person or organization whose business or assets the Assured has acquired; and b. Containers (other than vehicles}, materials, parts or equipment famished in connection with such goods or products. MB Western Industrial Contracting Company Page 30 CML/CLL Policy No.: MASK LHS 000015 09 September 1, 2009 "the Assured's product" includes: (1) warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "the Assured's product"; and (2) The providing of or failure to provide warnings or instructions. "the Assured's product" does .not include vending machines or other property rented to or located for the use of others but not sold. 23. "The Assured's work" means: a. Work or operations performed by the Assured or on the Assured's behalf; and b. Materials, pads or equipment fiunished in connection with such work or operations. "the Assured's work" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "the Assured's work"; and b. The providing of ar failure to provide warnings or instructions. MB Western Industrial Contracting Company Fage 31 CML/CLL Policy No.: MASI I.IIS QUOOIS 09 September 1, 2009 Charterer's Liability Endorsement Effective Sen#ember,l 2009, it is agreed that Section 1, Clause 2, Exclusions f. and i(4) do not apply to any claim arising out of the Assured's Chartering of vessels, which are insured hereunder subject to the following terms and GOndltionS: 1. Amount insured each vessel: $Per Form (being Per Form% participation) part of $Per Form excess of $Per Form any one loss, accident or occurrence each vessel. This insurance shall be liable only for the excess over and above $Per Form in respect of claims, ixtcluding legal expenses, arising out of any one Loss, accident or occurrence each vessel. 'These Assurers are to be paid in consideration of this insurance premium of $Per form part of $Pe~Form being at the rate of Per Form. This insurance covers the legal and/or contractual liability of the Assured as Charterer (other than Barebaat and/or Demise Charterer) in respect to the vessel(s) insured hereunder for any loss, damage and/or expense including but not limited to demurrage and/or removal of wreck and/or Collision Liability andlor any other consequential loss or damage, resulting from any accident in which said vessel(s) may be involved. Including Protection and Indemnity risks as defined th Protection and indemnity form SP-23 (Revised 1156) with the Limitation Clause therein deleted, but excluding all liability for loss of or damage to cargo carried aboard the vessel{s} insured hereunder. 4. The premium charged hereunder, is based upon the use of customary forms of charter parties, such as, but not limited to, New York Produce Exchange Form, Baltime, Gencon, Warship Voyage, Balto Form G, Coal CP Form, C-are-7, Sugar-(West Indies, Sugar, Bulk Sugar USA) Fosfo, Amertankvoy, General Gross Form, Tankervoyage, Vegailvoy, Welsh Coal. Subject to policy conditions, liability arising out of any amendments, extensions, deletions or agreements entered into by the charterer shall be held covered and the assured agrees to give prompt notice of such changes to these Assurers and to pay additional premium if required. For purposes of this clause, amendments, deletions or agreements shall be deemed to be changes made to customary forms of charter parties, by which changes the Charterer is with knowledge assuming additional liability to the vessel owner or others. 5. In respect of the vessel{s} insured hereunder, it is understood and agreed that this Policy also covers the Assured and affiliated companies of the Assured be they owners, subsidiaries or inter-related companies. it is further understood and agreed that these Assurers waive any right of subrogation against any subsidiary, affiliated ar inter-related company of the Assured except to the extent that any such company is insured against the liability asserted. 6. The Assurers shall not be liable for any lass, damage and/or expense which may be recoverable under any other insurance carried by the Assured, except as an excess over and above the amount recoverable thereunder. '7. It is a condition of this insurance that the Assured or Charterer under this Policy shall not enter into any towage or pilotage agreement on behalf of the "Vessel" without first obtaining permission from the "Vessel" or its Master. 8. The fallowing conditions shall be paramount and shall supersede and nullify any eontrary provisions of the Policy. This Policy does not cover any loss, damage ar expense eaused by, resulting from, or incurred as a consequence nf: a) Capture, seizure, arrest, restraint or detainment, or any attempt thereat; or b) Any taking of the Vessel, by requisition or otherwise, whether in time of peace or war and whether lawful or otherwise; or MB Western Industrial Contracting Company Page 32 CML/CLL Policy No.: MAST LHS OQOil15 d9 September 2, 20Q9 _.~_..,_....~_-r___._._.. _. - T_.__ ._.__..__._.......... -r c) Any mine, bomb or torpedo not carried as cargo on board the Vessel; or d) Any weapon of war employing atomic or nuclear fission and/or fusion or other Iike reaction or radioactive force or matter; or e) Civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, ar piracy; or f} Strikes, lockouts, political or labor disturbances, civil commotions, riots, martial law, rriilitary or usurped power, malicious acts or vandalism; or g} Hostilities or warlike operations {whether there be a declaration of war or not} but this suhp~gmph (g) not to exclude collision or contact with aircraft, rockets or similar missiles, ar with any fixed or floating object, or stranding, heavy weather, fire or explosion unless caused directly by a hostile act by ar against a belligerent power which act is independent of the nature of the voyage or service which the Vessel concerned or, in the case of a collision, any other vessel involved therein, is perforrrxing. As used herein, "power" includes any authority maintaining naval, military or air forces in association with a power. 9. Tltese Assurers shall be subrogated to all the rights which the Assured may have against any other person ar entity, in respect of any payment made under this Policy, to the extent of such payment, and the Assured shall, upon the request of these Assurers, execute all documents necessary to secure to these Assurers such rights (except in respect of the provisions of Clause 5 hereunder}. l0. 1t is understood and agreed by the Assured that in the event of any occurrence which may result in a lass, damage and/or expense, for which these Assurers are or may became liable under this Policy, notice thereof shall be given to these Assurers as soon as practicable and further that any and every process, pleading and paper of any kind relating to such occurrence shall be forwarded promptly to these Assurers. 11. These Assurers agree that any action or proceeding against them for the recovery of any claim under or by virtue of this insurance shall not be barred if commenced within the time prescribed therefore in the statutes of the State ofNew York. 12. It is understood and agreed that vessels delivered under charter to the Assured prior to the expiration of this Policy or canceliatian thereof are covered hereunder until re-delivery off .charter with respect to a voyage charter or until completion of the current cargo voyage with respect to a time charter, even though subsequent to the expiration or cancellation of this Folicy. 13. The terms and conditions of this endorsement are to be regarded as substituted for those of the policy form to which it is attached, the latter being hereby waived, except provisions required by law to be inserted in this Policy. 14. No claim shall be recoverable hereunder for any liability, loss, damage or expense directly or indirectly resulting from the carriage of cargo, the nature of which cargo the Assured knew, or should have known, was not permitted to be carried under the terms of the Charter. MB Western Industrial Contracting Company Page 33 CML/CLL Policy No.: MAST LHS 000015 09 September 1, 2009 CHARTERER'S LEGAL LIABILITY -SUPPLEMENTARY CLAUSES 1. It is understood and agreed that Vessels delivered under charter to the Assured pxior to the expiration of this policy or cancellation thereof, are covered hereunder until re-delivery off charter with respect to a voyage charter or anti! completion of the current cargo voyage with respect to a time charter, even though subsequent to the expiration or cancellation of this Policy. 2. It is understood and agreed by the Assured that, in the event of any occurrence which may result in loss, damage and/or expense for which these Assurers are or may become liable under this insurance, notice thereof shall be given to these Assurers as soon as practicable and further that any and every process, pleading and paper of any kind relating to such occurrence shall be forwarded promptly to these Assurers. These Assurers shall be subrogated to all of the rights which the Assured may have against any other person or entity, in respect of any payment made under dais policy, to the extent of such payment, and the Assured shall, upon the request of these Assurers, execute all documents necessary to secure to these Assurers such rights (except in respect to the provisions of the Affiliated Companies Clause herein}. 4. These Assurers agree that any action or proceeding against them for the recovery of any claim under, or by virtue of, this insurance shall not be barred if commenced within the time prescribed therefore in the staCUtes of the State of New York. 5. This insurance may be cancelled by either party giving to the other thirty (30} days notice in writing, but without prejudice to risks already attached which will expire in accordance with paragraph 1 supra. ti. The premium charged hereunder, is based upon the use of customary forms of charter parties, such as, but not limited to New York Produce Exchange Form, Baltimore, Gencon, Warship Voyage, Balto Form C, Coal CP Form, C-Ore-7, Sugar (West Indies Sugar, Bulk Sugar USA) Fosfo, Amertankvoy, General Gross Form, Tankervoyage, Vegoilvoy, Welsh Caal. Subject to policy conditions, liability arising out of any amendments, extensions, deletions or agreements entered into by the charterer shall beheld covered and the assured agrees to give prompt notice of such changes to these Assurers and to pay additional premiurn if required. For purposes of this clause, amendments, deletions or agreements shall be deemed to be changes made to customary forms or charter parties, by which changes the Charterer is with knowledge assuming additional liability to the vessel owner or others. 7. It is a condition of this insurance that the Assured or Charterer under this policy shall not enter into any towage or pilotage agreement on behalf of the "Vessel" without first obtaining permission from the "Vessel" ar its master. No claim shall be recoverable hereunder for any liability, Ions, damage ar expense directly or indirectly resulting from the carriage of cargo, the nature of which cargo the Assured knew, or shall have laaowra, was not permitted to be carried under the terms of the Charter. MB Western Industrial Contracting Company Page 34 CMLICLL Policy No.: MASI LHS OOOOIS 09 September 1, 2©09 AMERICAN INSTITUTE, TRADE WARRANTIES (JULY 1,1972) 1. Warranted no port ar place on the Eastern Coast of North America, its rivers or adjacent islands (a) north of 52° 10' N Lat. and west of 50° W. Long. {b) in the Gulf of St Lawrence, its connecting waters and the St. Lawrence River, in the area hounded by lines drawn between Battle IiarbourlPistolet Bay; Cape Ray/Cape North; Port Hawkesbury/Port Mulgrave; and Baie Comeau/Matane, between December 21st and Apri130th, both days inclusive. (c) west of Baie Comeau, but not West of Montreal, between December 1st and April 30th, both days inclusive. 2. Warranted no Great Lakes or St. Lawrence Seaway or St. Lawrence River west of Montreal. 3. Warranted no port or place in Greenland or its adjacent waters. 4. Warranted na port or place on the Western Coast of North America, its rivers or adjacent islands, north of 54°30' N. Lat. or west of 130° 50' W. Lang.; except the port of Ketchikan, Alaska, provided, {a) that a qualified pilot having knowledge of local waters be an duty while the Vessel is in waters north of 54° 30' N. Lat. and east of 132° W. Long, and . (b} that the vessel be equipped with operating Gyro Compass, Radio Direction Finder, Fathorneter and Radar. 5. Warranted no Baltic Sea (or adjacent waters east of 1 S° E. Long.); {a) north of a line between Mo and Vaasa between November 1 Sth and May 5th, both days inclusive. (b} east of a line between Viipuri (Vyborg) and Narva between November 21st and May 5th, both days inclusive. (c} north of a line between Stockholm and Tallinn between December 15tH and April 15th, both days inclusive. (d) east of 22° E. Long. and south of 59° N. Lat. between December 15th and April 15th, both days inclusive. 6. Warranted not north of 70° N. Lat. except when proceeding directly to or from and port or place in Norway ar Kola Bay. 7. Warranted no Bering Sea, no East Asian waters north of 46° N. Lat. and no port or place in Siberia except Vladivostok and/or Nakhodka. 8. Warranted no Kerguelen or Croset Islands, nor waters south of 50° S. Lat., except ports or places in Pa#agonia, Chile and Falkland Islands, but liberty is given to enter waters south of 50° S. Lat. if proceeding to or from ports or places not excluded by this warranty. 9. Warranted nat to sail with Indian Coal as cargo:- (a} between March 1st and dune 30th, bath days inclusive. (b} between July 1st and September 30th, bath days inclusive, except to ports in Asia, not west of Aden nor east of or beyond Singapore. MB Western Industrial Contracting Company Page 35 CMLJCLL Policy No.: MASI LHS 000015 09 September 1, 2009 P&I 1955 SP - 38 PROTECTION AND INDEMNITY CLAUSES I Assured MB Western Industrial Contractin Com an MB Western Steel Erectors Contractin Coin an 2 3 Address P.O. Box 5399 4 Pasadena TX 7750$ 5 Lass, if any, payable to Per Form 6 7 From the 1st . day of Se tember 2009 Beginning and ending 8 Until the 1st day of Se tember 20111 at noon Local Standard 'l'ime at place of issuance. 9 Amount hereby insured $ Per Form Rate Per Form % Premium $ Per Form IO In consideration of the premium and subject to the warranties, terms and conditions herein mentioned, this Com- I l parry hereby undertakes to pay up to the amount hereby insured and in conformity with lines S and 6 hereof, 12 such sums as the assured, as owner of the Per Form I3 shall have become legally liable to pay and shall have paid on account of: I4 Loss of life of, or injury to, or illness of, any person; ~ 5 Hospital, medical, or other expenses necessarily and reasonably incurred in respect of loss of life of, in- 16 jury to, or illness of any member of the crew of the vessel named herein; I7 Lass of, or damage to, or expense in connection with any fixed ar movable ob'ect or ro e 18 nature; ~ P p rty of whatever 19 Costs or expenses of, or incidental ta, the removal of the wreck of the vessel panned herein when such 20 removal is compulsory by Iaw; provided, however, that there shall be deducted from such claim the value 21 of any salvage recovered from the wreck by the assured; ~ Fines and penalties, including expenses reasonably incurred in attempting to obtain the remission or mitiga- 23 lion of same, for the violation of any of the laws of the United States, or of any state thereof, or of any 24 foreign country; provided, however, that this Company shall not be liable to indemnify the assured against 25 any such fines or penalties resulting directly or indirectly from the failure, neglect, or default of the as- 25 sured or his managing officers or managing agents to exercise the highest degree of diligence to prevent a 27 violation of any such laws; 28 Costs and expenses, incurred with this Company's approval, of investigating and/ar defending any claim 29 or suit against the assured arising out of a liability or an alleged liability of the assured covered by this 30 policy. 31 TIotwithstanding the foregoing this Company will not pay for: 32 The fast $ Per Form of the claims covered bylines I4, I5, 16, 28, 29 and 30 nor for the first $ Per Form 33 ~ of claims covered by any other parts of this policy, but, in no event shall the deductible exceed $ Per Form 34 each occurrence. (For the purpose of this Clause, each occurrence shall be treated sepazately, but a series 35 of claims hereunder arising from the same occurrence shall be treated as due to that occurrence.) 36 Loss of, or damage sustained by the vesse! named herein or her tackle, apparel, furniture, boats, fttings, 37 equipment, stores, fuel, provisions or appurtenances; 38 Loss resulting from cancellation of charters, non-collectibility of freight, bad debts, insolvency of agents 39 or others, salvage, general average, detention, loss of use or demurrage of the vesse] named herein; MB Western Industrial Contracting Company Page 36 CML/CLL Policy No.: MASI LHS 000015 09 September 1, 2009 INDEPENDENT ANDIOR SUBCONTRACTOR WARRANTY It is warranted that the Named Insured will preserve all rights against any /all Independent and 1 or Subcontractors and the Named Insured shall require said Independent and 1 or Subcontractors to maintain, in full force and effect, liability insurance with limits at least equal to the limits of this policy, as well as Workmen's Compensation insurance. Independent and / or subcontractors shall require their underwriters to name the Named Insured herein as an Additional Insured and shall waive rights of subrogation against the Named Insured herein and its Principal. The Liability insurance coverage provided by the Independent or Subcontractor shall be endorsed to designate it to be primary to all other liability insurance issued in favor of the Named Inswed herein and its Principal. For the purposes of this endorsement the "Principal" is defined as any parry for whom the Named Insured is performing work. It shall further be a condition of the insurance provided by this endorsement that prior to any such Independent and / or Subcontractor beginning work for the Named Insured, the Named Insured shall require the Independent and / or Subcontractor to provide proof of the insurance required by this endorsement. The Independent and / or Subcontractor shall also require their underwriters to provide the Named Insured with thirty (30} days written notice prior to cancellation or material change of this insurance. RAILROAD EXCLUSION It is hereby understood and agreed that the railroad exclusion on this policy has been deleted. AGGREGATE LIMIT ' It is hereby understood and agreed, "The General Aggregate Limit under Limits 'of Insurance applies separately to each of your projects away from premises owned by or rented to you." LIFT CAPACITY WARRANTY It is hereby understood and agreed that the above captioned policy be warranted as follows: Rated lift capacities of all dry-docks, cranes, travel lifts, loaders, hoist and marine railways owned by or operated on behalf of the Named Insured shall not be exceeded. MB Western Industrial Contracting Company Page 41 CML/CLL Policy No.: MASI LHS OOOOIS 09 September 1, 2009 TERRORISM EJ~CCLi7SiON AND MARINE BUYBACK (Non-TRIA 20021 This Endorsement does not apply to losses arising directly or indirectly as a result of a certified "act of terrorism" as defined by Section 102. Defmitions., of the Terrorism Risk Insurance Act of 2002 and any revisions or amendnnents. This policy excludes any lass, damage, liability or expense arising from: a) terrorism; and or b) steps taken to prevent, suppress, control or reduce the consequences of any actual, attempted, anticipated, threatened, suspected or perceived terrorism. For the purpose of this clause, "terrorism" means any act(s) of any person(s) or organization(s) Involving. {i) the causing, occasioning ar threatening of harm of whatever nature and by whatever means; (ii) patting the public or any section of the public in fear, in circumstances in which it is reasonable to conclude that the purpose(s) of the person(s) or organization(s) concerned are wholly or partly of a political, religious, ideological or similar nature_ Notwithstanding the foregoing, this Exclusion shall pot apply to the following: Any lass, damage, liability or expanse arising from the operation, ownership, management or chartering of 1. l Vessels, craft and units whilst afloat, under construction ar repair, itu dark or whilst in store ashore 1.2 Seawalls, wharves, piers, jetties, docks, berths, pontoons and associated dockside equipment all whilst within the confines of the port, terminal, shipyards, harbour or marina 1.3 Offshore fixed platforms whilst exploring, drilling or producing including all associated construction operations 1.4 Cargo in the ordinary course of transit per Joint Cargo Committee Termination of Transit Clause (Terrorism} JC2001/056. ALL OTHER TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS REMAIN UNCIIANGED. AUTHO D SIGNATURE STARR MARINE AGENCY, INC. MB Western Industrial Contracting Company Page 42 CML/CLL Policy No.: MASI LHS OOOOIS 09 Septetaber I, 2009