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HomeMy WebLinkAboutC2011-105 - 1/25/2011 - ApprovedBarcom Commercial 2011-105 M2011-028 01211) • _ y � ] \�} 4474". A5 Westside Pony Fields Storage Building Improvements PROJECT No. 10223 (Revised 6/27/99) Table of Contents NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B Worker's Compensation Coverage for Building or Construction Projects for Government Entities PART A - SPECIAL PROVISIONS A 1 Time and Placc of IRccciving Proposals /Ire I34d Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award /Explanation of Bid Items 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 9 Acknowledgment of Addenda A -10 Wage Rates A -11 Cooperation with Public Agencies 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 A 17 Field Office (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and Certification A 21 Project Sign (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/,98) A -23 Inspection Required A-24 Surety Bonds A 25 Cales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A 27 Responsibility for Damage Claims (NOT USED) A 28 Considerations for Contract Award and Execution A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 Work and Change Orders A-32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A 35 City Water Facilities Special Requirements (NOT USED) A -36 Other Submittals A 37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) A -38 Worker's Compensation Coverage, for Building or Construction Projects for Government Entities A 39 Certificate of Occupancy and Final Acceptance (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings A -48 Overhead Electrical Wires A -49 Amended "Maintenance Guaranty" (8/24/00) 00) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS Section 021020 Site Clearing and Stripping Section 021040 Site Grading Section 025612 Concrete Sidewalks and Driveways Section 030020 Portland Cement Concrete Section 032020 Reinforcing Steel Section 038000 Concrete Structures Section 042020 Concrete Masonry Unit Section 050200 Welding Section 070120 Rough and Finish Carpentry Section 074320, Cedar Shingle Roofing Section 099020 Painting PART T EXHIBITS PART W D 2WINCS NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Table of Contents Page 2 of 2 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 INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 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 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT - AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ■ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by 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 other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826- 3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS . Page1of11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). 7. (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project hall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (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 of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the c ertificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (13) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994 , 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate,- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC -83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless 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, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, ?I-the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts,, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breachfrom the governmental entity. Page 11 of 11 Westside Pony Fields Storage Building Improvements PROJECT NO. E10223 SECTION A - SPECIAL PROVISIONS inviting bido for the project. Propooaln will be received in thc office of the City Ccorctary, located on the firot floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wedneuday, December 1, 20xx. Propooals mailed ohould be addreoocd in thc following manner: City of Corpuo Chrioti 1201 Lcopard Street Corpuo Chrioti, TC:ao 78401 A -2 Definitions and Abbreviations Section. B -1 of the General Provisions will govern. A -3 Description of Project The project for the Westside Pony Fields Storage Building- located at 4033 Greenwood Drive; consists of rehabilitating an old CMU building and creating an area for the Parks and Recreation Department to house all of the equipment needed to maintain these areas. The following provides a more detailed description of the work: • Complete demolition of the existing 2nd story of the building • Demolition of the lst floor interior and ceiling structure • Demolition of all existing concrete surrounding the building • Demolition and capping of the existing plumbing to the structure • Demolition of all existing electrical and installation of 4 new strip lights Fill in area of 1 regular size doorway with CMU block Replacement of tad regular door with new fiberglass door and installation of metal security screen • Installation of coiling, overhead door • Patching of CMU around perimeter of building • Repainting of entire exterior of building • Construction of new roof system, 4/12 pitch with asphalt shingles. 30 yr warranty • Windstorm certification A -4 Method of Award The contract is awarded as a Job Order Contract (J.O.C.) and prices established through the use of RSMeans cost pricing. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 2. Disclosure of Interests Statement 3. Submittal of Materials Section A - SP (Revised 12/15/04) Page 1 of 23 A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 90 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, ONE HUNDRED DOLLARS ($100.00) per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may ,withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the, highest daily rate elsewhere •specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A 8 Faxed rropoaals • Proposals must contain original signatereo and guaranty and be submitted in A 9 Acknowledgment of Addenda The Cc after —s =all -aeknewledgc receipt of all addenda received in tho appropriate space provided in thc proposal. Failure to do so will be interpreted as non receipt. Cincc addenda an have significant impact on thc proposal, Section A - SP (Revised 12/1S/04) Page 2 of 23 A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for building construction shall be used. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1%) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess at 1- 800- 344 - 8377, the Lone Star Notification Company at 1- 800 - 669 -8344, and the Verizon Dig Alert at 1- 800 - 483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Manager Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P S B C /At &T City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) 826 -3500 826 -3587 826 -3540 882 -2600 826 -1881 826 -1800 885 -6900 826 -1875 826 -3461 826 -1970 1- 877 -373- 881 -2511 ( (826 -1888 after hours) (826 -1888 after hours) (885 -6900 after hours) (826 -1888 after hours) 4058 1- 800 - 824- 4424,after hours) 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -4355 826 -3547 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888 - 204 -1679) (Pager 850 - 2981) (Mobile) Section A - SP (Revised 12/15/04) Page 3 of 23 A -12 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. In the event of damage to underground utilities, whether the Contractor shall make the necessary repairs to place service to construct the work as intended at no increase All such repairs must conform to the requirements of the owns the utilities. shown in the drawings, the utilities back in in the Contract price. company or agency that Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so minimum adverse impact on the accessibility of the public. This may is not limited to, working driveways in half widths, construction ramps, etc. condition and as to cause include, but of temporary 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 shall be as shown in the proposal. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work .must be completed without any increase in the Contract price. Section A - SP (Revised 12/15/04) Page 4 of 23 Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals 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 shown in the removal summary and paid for as shown in the proposal. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A 17 Field Office (NOT USED) Thc Contractor must furnish thc City Enginccr or hip rcprcacntativc with a field square keet of useable apace. Thc field office must be air conditioned and heated and must be furniahcd with an inclined table that measures at 1 at 30" x GO" and two (2) chairs. Thc Contractor shall move th as required by thc City Engineer or his representative. Thc field office must bo machine paid for by the Contractor. There is no separate pay item for the field office. This item shall bc.considered subsidiary to thc appropriatc,bid items. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALENDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals.. 4. Re- Submission: Revise and resubmit as required by the City Engineer. Section A - SP (Revised 12/15/04) Page 5 of 23 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. The detailed updated construction progress schedule shall be submitted with the monthly pay request. The contractor shall schedule his work well in advance of actual operations and shall keep the Project Manager or Parks and Recreation Department informed of all progress. A -19 Construction 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) one (1) bench mark required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. and proposed, for the purpeee of adjusting valves and manheles at thc completion caaisting thc measuring of the completed work. verification compliance with the Contract Documents, piano and and certify compliance to any regulatory permits. Strccto: • Ctrcct crowna on a 200' interval and at all interacctiona. Wa3tcw,ater : • All rim /invert cicvationn at manholco; • Gazing cicvationn (top of pipe and flow line) (TXDOT and RR permito). Section A - SP (Revised 12/15/04) Page 6 of 23 Water: • All top of valves box; • Caning elevations (top of pipe and flow line) (TXDOT and RR pc tto-) Stormwatcr: • All rim /invcrt elevations at manholes; • All intcraccting lines in manholes; A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs (NOT USED) Thc Contr-acter Est furniaka and install 2 Project signs as indicated on the following drawings (Attachment 1). Thc signs must bc installed before construction begins and will be maintained throughout the Project period by thc Contractor. Thc to ation of thc signs will bc determined in thc field by thc City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity . goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a, Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation,. association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, Section .A - SP (Revised 12 /15/04) Page 7 of 23 operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% 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. 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) Section A - SP (Revised 12/15/04) Page 8 of 23 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. lb. 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 to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when appli able. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond . amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) 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 or reinsurer authorized and admitted to do business in the. State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be Section A - SP (Revised 12/15/04) Page .9 of 23 executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NO LONGER APPLICABLE) Ccction D C 22, Tape Exemption. Provision, is deleted in its entirety and the thc Comptroller of Public Accounts of Tcxaa. 1. Obtain the ncceaoary sales tax permits from the State Comptroller. 2. Identify in the appropriate space on the ",Statement of Materials and Other into the Project. 3. Provide rcoalc ccrtifieateo to suppliers. proposal value of matcriala. If thc Contractor does not elect to operate under a separated contract, he muot complico with the above requirements. The Contractor must issue a rcaalo certificate to thc subcontractor and the 'subcontractor, in turn, ioouca a resale certificate to hie supplier. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 Section A - 3P (Revised 12/15/04) Page 10 of 23 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date. the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -].1 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any 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. Paragraph (a) Ccncral Liability of Section B 6 11 of the Central Provisions is amended to include: Contractor must provide Builder's Rick or Installation Floa*er— inourance coverage for thc term of the Contract up to and including the date the City finally accepts the Project or work. Builder -'-a Riak or Installation Floater coverage must be an "All Rick" form. Contractor muot pay all coots neceooary to procure ouch Builder'a Rick or Installation Floater insurancc coverage, including any deductible. The City muot .bc named additional Z. To allow the City Engineer te detem4ne that thc bidder i3 able te perfe m ita obligations under thc propoocd contract, thcn prior to award, thc City Enginccr may require a bidder to provide documentation concerning: 1. Whether any liens have been filed againot bidder for either failure to pay thc preceding two (2) y aro. The bidder shall specify the name and addreoc of thc party holding thc lien, thc amount of thc lien, the baoio for thc lien claim, and thc date of the rcl aac of thc lien. If any ouch lien hag net been re aecd, the bidder shall state why the claim hap not been paid; and A - SP (Revised 12/15/04) Page 11 of 23 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: 1. The Superintendent .must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed.' 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractors field administration staff, and any subsequent substitutions or replacements thereto, must,be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A 30 Amended "- Consideration of Ceetract" Requirements • proposals, thc three (3) apparent lowest bidders (based on thc Base Bid only)- Section A - SP (Revised 12/15/04) Page 12 of 23 1. A Hot of thc major componcnto of thc work; 2. A liot of the j roducto to bc incorporatcd into thc Projcct; 3. A schedule of valuco which specifics cstimatco of thc coot for each major componcnt of thc 'work; The namco and addrcsscs of MBE firma that will participate in the Contract, along with a dcocription of thc work and dollar amount for coach firm; and oubatantiation, cithcr through appropriatc certifications by fcdcral agencies or oigncd affidavits from the NBE firmo, that ouch MBE firms mcct thc gui- delinco contained herein. Similar substantiation will be required if thc Contractor 13 an MBE. If thc responses do not clearly show that MBE participation will mcct the rcquircmcnta abovc, thc bidder muct cl arly demonstrate, to thc oatiofaction of thc City Enginccr, that a good faith cffort has, in fact, bccn madc to mcct said requirements but that mccting ouch rcquircmcnts is not r asonably possible. 6. A list of oubcontractora that will bc working on thc Projcct. This lint may contain more than one subcontractor for major componcnto of thc work if thc Contractor has not completed hi3 evaluation of which subcontractor will perform thc work. Thc City Enginccr retains thc right to approve all subcontractors that will perform work on thc Project. Thc Contractor shall obtain writtcn approval by the City Enginccr of all of its subcontractors prior to beginning work on thc Projcct. If thc City Enginccr doco not approve all propoocd oubcontractoro, it may rcocind thc Contract award. In thc event that a oubcontractor previously noted and approved io nought to be oubotitutcd for or replaced during thc term of thc Contract, then thc City Enginccr rctains the right to approve. any oubatitutc or rcplaccmcnt oubcontractor prior to its participation in thc Projcct. Such approval will not be given if thc rcplaccmcnt of thc oubcontractor will result in an increase in the Contract pricc. Failure of the Contractor to comply with thio provision conotitutco a baois upon which to annul thc Contract pursuant to Ccction B 7 13; componcnto of thc work. Thc final progrcco ochcdulc muot be oubmittcd to thc City Enginccr at thc pre construction ce€rfcrcncc; concerning Conaidcrationa for Contract Award and Execution and thc Contractor'o Ficld Adminiotration Ctaff. 9. Documentation ao required by Special Provision A 35 K, if applicable. 10. Within fivc (5) days following bid opening, With Bid, et is letter form, information idcntifying type of entity and state, i.e., Texas (or other state) Gorporatlea er Partnership, and namc(o) and Titic(o) of A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Section A - SP (Revised 12/15/04) Page 13 of 23 Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended „Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the . signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend thc Prc Sid Meeting referred to iu Special Pmovioion A 1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the 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 Provisions 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 for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special. Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) 2.. Visitor /Contractor Orientation Prior to performing work at any- City water facility, thc Contractor, Visitor /Contractor Safety Orieetat ei. gr-egram conducted by the City Water Department Personnel. A Visitor /Contractor Safety Orientation perform say- work withri any City water facility. For additional information rcfcr to Attachment 1. Section A - SP (Revised 12/15/04) Page 14 of 23 The Contractor shall not °tart, operate, or atop any pump, motor, valve, equipment, °witch, breaker, .control, or any othcr item related an eperator or othcr authorised maintenance cmploycc of thc City Water Department. C. Protection of Watcr Quality The City must deliver water of drinking quality to ito cuotomees at thc job oitc and shall coordinatc ito .work Department to protect thc quality of the watcr. D. Conformity with .ANSI /NSF Standard 61 with thc City Watcr All materials and cquipmcnt uocd in thc repair, rcaoocmbly, tranoportation, rcinntallation, and inspcotion of pumpo, or any othcr items, which could come into contact with potable watcr, muot conform to Amcrican National Standardo Inotitutc /National Sanitation Foundation (ANSI /NSF) Standard 61 ao described in the Standard Spccifioationo. Cuch .material° includc all oolvcnta, cic ncro, lubricant°, gaakete, thread compound°, coating°, or hydraulic equipment. Therm items must ouch itemo arc inopcctcd on thc cite by authorised City peroonncl immediately prior to uae. The Contractor ohall providc thc Engineer with copico of written proof of ANC-IANSF standard 61 approval for all matcriala which could come into contact with potable watcr. All traoh generated by thc Contractor or hie cmploycco, agcnto, or oitc. Blowing traoh will not bc allowcd. The Contractor ohall kccp work areao clean at all timco and remove all trash daily. CONTRACTOR'S ON SITS PREPARATION orange, ex' wh4tc . Eaeh empleyec uniform Must provide company name and individual employee identification. H. Working hours will be 7:00 A.M. to 5:00 P.M., Monday thru Friday. T. Contractor muot not u3c any City facility rcztrooms. Contractsr must provide own sanitary facilitico. J. All Contractor vchicico muot bc parked at dcoignatcd oitc, ao dcaignatcd by City Watcr Dcpartmcnt staff. All Contr eter ve ielcs must be elearly 1-a6c1cd with eempany naittc. Ne. private employee vchicico arc allowed at O. N. Ctcvcno Watcr Treatment Plant. All personncl muot bc in company vchicico. During working hour°, Section A - SP (Revised 12/15/04) Page 15 of 23 contractor cmpleyeeo must net 1ewe the designated conotruct i;,r a=te - A • 31CQUICITION) 3elcction3, furnicshing, installing, conneetiag, pogramming, hardware and /or Software 3pecifieel, - pecifia t•i. or requ red by thcoc The Contractor or hio Subcontractor proposing to perform the SC11DA perform the work required by thin opccification3. completed a manufactuxer'a training eeurse in configuring and implementing the specific computers, RTUS's, and ooftwarc repair, alibratc, and program the ay3tcm3 npecificd herein. 7. He ohall furnish equipment which i3 thc product of one manufacturer to the maximum practical extent. Where thio io will bc uned in evaluating which Contractor or subcontractor programo the new work for thio Project. aid thcoc two 3y3tcm3 to thc existing City £C2DA 3y3tcm. Attached i3 an Oxample of the required programming block° all of the required Sheets. The Contractor will provide all �., ook� ,.d p= cy ra, . L. Trenching Requirement° Plant Shall bc performed uoing a backhoc or hand digging due to tho shall be allowed on thc project. Section A - SP (Revised 12/15/04) Page 16 of 23 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 seven (3) copies required by the City to the City Engineer or his designated representative. b. Rcproduciblcs: In addition to the required copies, the Contractor shall also submit one (1) 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 form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 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 subcontractors 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 colors, 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 Section A - SP (Revised 12/15/04) Page 17 of 23 approval. Otherwise, the related equipment will not be approved for use on the project. the following: Conocrvatien and DEenght ContIngcney Plan as amended (the "Plan ") . Thies conditiono. City Engineer wz11 pyre -rim a cepy of the Plan to A -38 Worker's Compensation Coverage for Building_ or Construction Projects for Government Entities The requirements of "Notice to Contractors `B'" are incorporated by reference in this Special Provision. A -40 Amendment to Section 8 -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents,- satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, and agents harmless and shall indemnify the City, its attorneys, and agents from any and all damages, whatsoever from an act or omission of the contractor, employees, attorneys, officials, employees, injury or liability or any subcontractor, Section A - SP (Revised 12/15/04) Page 18 of 23 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. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, 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 (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as- built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Eighlz Chlorinated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as T.C.E.Q., EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A -47 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatsoever on the project, Contractor shall excavate r- and expose all existing pipelines of the project at tie -in locations, possible conflict areas, and crossings which pass within twenty (20)feet of proposed pipelines of the project. The Contractor shall survey the exact vertical and Section A - SP (Revised 12/15/04) Page 19 of 23 horizontal location of each existing pipeline tie -in /conflict and determine the pipeline. diameter. For existing pipelines which parallel and are within ten (10) feet of proposed pipelines of the project, Contractor shall excavate and expose said existing pipelines at a maximum of 300 -feet O.C., and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at a maximum of 300 -feet O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the owner of pipelines excavated and surveyed, as well as, the approximate station thereof, distance to the pavement centerline, elevations of the top of existing pipelines, and their diameters. Contractor shall perform no construction work on the project until 1) all exploratory excavations have been made in their entirety, 2) the results thereof reported to the Engineer, and 3) until Contractor receives Engineer's approval of the report. Exploratory excavations shall be paid for as indicated in the proposal. excavation shall bo considered subsidiary to the appropriate bid item. paid ontractor shall for exploratory provide all excavations. his own survey work effort (no separate pay) A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP /CP &L and inform AEP /CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: Section A - SP (Revised 12/15/04) Page 20 of 23 "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization / remobilization costs. Such costs shall be addressed through a change order to the contract." A -51 Electronic Submittal of Bids The following paragraph modifies Paragraph B-2 -7 - Preparation of Proposal, of the General Provisions: The bidder has the option of submitting a computer - generated print -out, in lieu of, the Proposal (SHEETS: 1 THRU 13 OF 13), INCLUSIVE. The print -out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheets (3 THRU 10 OF 13). If the Contractor chooses to submit a print- out, the print-out shall be accompanied by properly completed proposal pages 1, 2, 11, 12, and 13. A "sample' print out is shown in Attachment 1. In addition, the print out will contain the following statement and signature, after the last bid item: (Contractor) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no other Information from this print -out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print- out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) " A -52 Value Engineering The Contractor's attention is directed to paragraph B -4 -5 Value Engineering Incentive Procedures, of the General Provisions, which states: "After award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP'S) identify potential reductions in the contract cost by effective changes to the contract plans and specifications." Therefore, the Contractor shall fully examine the plans, specifications and contract documents, as well as, the project location, construction phase schedule in Appendix C, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major items involved in the scope of the project to judge for itself the circumstances and difficulties affecting the work to be performed and obtain all information .required to make an intelligent proposal. The Contractor's attention is further directed to paragraph B -2 -3 Examination of Plans, Specifications and Site of the Work, of the General Provisions. In other words, the Contractor shall complete it's proposal to the best of it's ability, as currently provided. A -53 Dust Control Section A - SP (Revised 12/15/04) Page 21 of 23 Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or applications of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. A -54 Dewatering and Disposal This item shall be considered subsidiary to the appropriate bid items where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by manmade berms prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream (Oso Creek). Testing of groundwater quality is to be performed by City, at the City's cost, prior to commencing discharge and shall be retested by the City, at the. City's expense, a minimum of once a week: The Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by the contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer system or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Tito Schmidt, Wastewater Pre- treatment Coordinator at 826 -1817 to obtain a "no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required.. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water ,level again, . pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. Section A - SP (Revised 12/15/04) Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT: Westside Pony Fields Storage Building Improvements PROJECT No. E10223 DRAWING No. OWNER: CITY OF CORPUS CHRISTI ENGINEER: JASON SHROYER, EIT, CITY OF CORPUS CHRISTI CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revieed 12/15/04) Page 23 of 23 A G R E E M E N T THE STATE OF TEXAS COUNTY OF NUECES § THIS AGREEMENT is entered into this 25TH day of JANUARY, 2011, by and between the CITY.OF CORPUS CHRISTI of the County`of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Barcom Commercial, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $54 796.49 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: WESTSIDE PONY FIELDS STORAGE BUILDING IMPROVEMENTS JOB ORDER CONTRACT PROJECT NO.E10223 (TOTAL AMOUNT: $54,796.49) according to the attached Plans and Specifications in a workmanlike manner for the prices and conditions set out attached bid proposal supplying services, labor and insurance as Documents, including overseeing Documents include this Agreement, at their expense such required by the attached the good and in their materials, Contract entire job. The Contract 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 Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. ,Tun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6 -I1 and Special Provision A -26 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 (10) calendar days from date they receive written work order and will 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 pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun --2010 ATTEST: APPROVED AS TO LEGAL FORM: By: Asst. ty Attorney ,ATTEST: (If Corporation) (Sea Below) (Note If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF RPUS CHR'ST By: Juan Perales, Jr . , P . E Assistant City Manager Engineering /Developments Services By: vPete Anaya, P.E. Director of Engineering Services CONTRACTOR Barcom Commercial, Inc. By: Title: BEAR LANE (Address) CORPUS CHRISTI, TX 78405 (City) (State)(ZIP) 361/851 -1000 * 361/851 -1717. (Phone) (Fax) .920 1 o g AUTH0RI4E dY COUNCIL,.., . /425 SECRETARY Page 3 of 3 Rev. Jun -2010 BARC OM COMMERCIAL, Inc. • GENERAL CONTRACTOR Proposal December 27, 2010 Proposal # 15260 TO: City of Corpus Christi --- Engineering Department Attn: Jason Shroyer E.LT 1201 Leopard St Corpus Christi, TX 78401 E -Mail: PROJECT: Baseball Field House We propose to furnish labor and material to perform the following: Price to include: Complete demo of existing 2nd floor Demo of ls` floor interior and ceiling Concrete demo and pour sidewalk from OHD to parking lot only. Demo and cap plumbing Demo all electrical and install 4 new strip Lights Block fill at 1 door opening. Block will not be toothed in. Replace walk door with fiberglass door, Install security screen at walk door and OHD door Install largest Coiling door that will fit up to 8x8 Patch CMU walls on corners Power wash and paint exterior Storage building for CCP &R to store contents in Construction of new roof system. 4/12 pitch with asphalt singles Hardie Board siding on each end of building, under roof peak. Windstorm certificate Price to exclude: New plumbing, Electrical other than lights, HVAC, Structural repairs to the building or foundation, grading other than where new sidewalk is to go, parking lot improvements, ada improvements, signage, interior work (framing, painting, etc) Note: Please allow 90 days to complete the above scope. TOTAL AMOUNT OF PROPOSAL: $54,796.49 Fifty four thousand, seven hundred ninety six and 49/100 Dollars Respectfully submitted, BARCOM COMMERCIAL, INC. get4-eiet I/tea Justin McComb Assist. Project Manager JM/jg This proposal is void if not accepted in writing 30 days after this date; however, when executed by both parties, it shall become the contract for the services described above. Signed: Date: Pp/ 5826 BEAR LANE CORPUS CHRISTI, TEXAS 78405 TELEPHONE: (361) 851 -1000 • FAX: (361) 851 -1717 unvvr horriinn nn Bond #105498062 P E R F O R M A N C E B O N D STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Barcam Commercial, Inc. of NUECES County, Texas, hereinafter called "Principal ", and Travelers Casualty and Surety Company of America , a corporation organized under the laws of the State of Connecticut , 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 FIFTY -FOUR THOUSAND, SEVEN HUNDRED NINETY -SIX AND 49/100 ($54,796.49) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 25TH of JANUARY , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: WESTSIDEPONY FIELDS STORAGE BUILDING IMPROVEMENTS JOB ORDER CONTRACT PROJECT NO.E10223 (TOTAL AMOUNT: $54,796.49) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder-, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this ,the 8th clay of February , 20 11 . PRINCIPAL Barcom Commercial, Inc. BY; Nai 2 t ebkorve. (Print Name & Title) ATTEST ox ?r (5.y 0- Co 0 CC\ sin (Print Name & Tit e) SURETY Travelers Casualty and Surety Company of America By: C �_ Attorney -in -fact C.A. McClure, (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: Keetch & Associates Kevin Keetch Q.Q. BQX 3780 Corpus Christi, TX 78461 361 - 883 -3803 (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 3/08) Performance Bond Page 2 of 2 Bond #105498062 P A Y M E N T B O N D STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Barcom Commercial, Inc. of NUECES County, Texas, hereinafter called "Principal ", and Travelers Casualty and Surety Company of America a corporation organized under the laws of the State of Connecticut , 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 FIFTY -FOUR THOUSAND, SEVEN HUNDRED NINETY -SIX AND 49/100 ($54,796.49) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 25TH day JANUARY , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: WESTSIDE PONY FIELDS STORAGE BUILDING IMPROVEMENTS JOB ORDER CONTRACT PROJECT NO.E10223 (TOTAL AMOUNT: $54,796.49) NOW, THEREFORE, it the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whore any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided -by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the Sth day of February , 20 11 . PRINCIPAL Barcom Commercial, Inc. By Eif�m.e /67. (Print Name & Title) ATTEST 1(VIAA , \(\CQ v_ �-1 ��_C CaNANn PW-- (Print Name & Title) SURETY Travelers Casualty and Surety Company of America By; Attorney -in -fact C.A. McClure (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Keetch & Associates Contact Person: Kevin Keetch Address: Phone Number: P.O. Box 3280 Corpus Christi, TX 78463 361- 883 -3803 (NOTE: Date of Payment Pond must not be prior to date of contract) (Revised 3/013) Payment Bond Page 2 of 2 OP ID: TERE ,4coRO CERTIFICATE OF LIABILITY INSURANCE �� DATE(MM!ODIYYYY) 02/16/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Swantner & Gordon Ins Agcy -CC 361 -883 -1711 A Higginbotham Company 361 -844 -0101 PO Box 870 Corpus Christi, TX 78403 -0870 Steve Addkison POLICY NUMBER FAX WI,. N,. E„ tI.361 -883 -1711 ANC, No): 361 -844 -0101 E -MAIL ADDRESS: PRODUCER CUSTOMER ID #: BARCOCI INSURERS) AFFORDING COVERAGE NAIC 11 INSURED Barcom Commercial, Inc. 5826 Bear Lane Corpus Christi, TX 78405 INSURER A :Wausau Underwriters Ins 26042 INSURER B: Commerce and Industry Ins Co 19410 INSURER C: Republic Lloyds 19208 INSURER D : EACH OCCURRENCE INSURER E : 1,000,000 INSURER F : &EM RENTED nce1 COVERAGES CERTIFICATE NUMBER: ER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LIB TYPE OF INSURANCE ADDL INSR SUBR WOO POLICY NUMBER POLICY EFF (MMIDDIYYYYI POLICY IMP (MMI WYYYYI_ A GENERAL LIABILITY / COMMERCIAL GENERAL LIABILITY OCCUR TBJZ91455287030 09112/10 09112/11 el EACH OCCURRENCE $ 1,000,000 X &EM RENTED nce1 $ 100,000 CLAIMS -MADE X MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ $ / 1,000,000 2,000,000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT —1 APPLIES PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO- $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ASJZ91455287020 09112/10 09/12/11 / e COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Peracadent) $ PROPERTY DAMAGE (Per accident) $ X X $ $ B X UMBRELLA LIAB EXCESS LIAB X _ OCCUR f CLAIMS -MADE BE037714129 09112/10 09/12/11 ,- EACH OCCURRENCE S 15,000,000 AGGREGATE $ 15,000,000 DEDUCTIBLE RETENTION $ 10,000 S X $ A WORKERS COMPENSATION J AND EMPLOYERS' WABILnY ANY PROPRIETORIPARTNERIEXECUTIVE Y! N OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS below N 1 A WCJZ91455287010 09/12110 09/12/11 ■ X TORY IMITS OER E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 1,000,000 C Builders Risk / CMP563934502 09112/10 091121/1 Location Occurrent 5,000,000 10,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEJICLES (Attach ACORD 101, Additional Remarks Sthedule, U more space is required) Project# El 0223 Westside Pony Fields Storage Building Improvements See attached addendum for additional policy provisions (WOSIAI130DNOC). CERTIFICATE HOLDER CANCELLATION CICC -CO City of Corpus Christi Engineering Services Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) (01988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD d NOTEPAD: FOLDER CODE CJCC -CO INSURED'S NAME Barcom Commercial, Inc. BARCOC9 OP ID: TERE Additional Insured as required b]( written insured contract in favor of the Certificate Holder applicable to General Liability & Automobile Liability. Waiver of Sub on as required by written insured contract in favor of the Certificate Ha r applicable to Workers Compensation, General Liability & Auto LiabilityPolicies. Builders Risk policy includes Windstorm coverage Loss Payable Clause in favor of the Certificate Holder applicable to the Builders Risk. The Work Comp, General liability, Auto & Umbrella olicies include an endorsement rovidi that 30 days notice of cancellation will be furnished to the Certificate Holder. Insured: Barcom Commercial, Inc. U.esc Available image 271201 1)00977300062 Policy Number TBJ -791- 455287 --030 / Issued by WAUSAU UNDERWRITERS INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARE1'ULLY. LIBERTY DirectSoiutions for Coiotractors This endorsement modifies insurance provided under thu following: /COMMERCIAL GENERAL LIAI3II,ITY COVERAGE PART This cndorscnnent modifies insurance by broadening the insurance provided by CO 00 01. Indus of 'modified item item 1. REASONABLE FORCE Item 2. NON - OWNED WATERCRAFT EXTENSION Item 3. ALIENATED PREMISES item 4. PROPERTY IN YOUR CARE, CUSTODY OR CONTROL Item S. DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE Band. BODILY INJURY TO CO- EMPLOYEES beta 7. HEALTH CARE PROFESSIONALS AS INSUREDS Item S. NEWLY FORMED OR ACQUIRED ENTITIES Item 9. BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION - MANAGERS OR LESSORS OF PREMISES Neat LR.BXPANDED BLANKET ADDI'IIONAI- INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES, Mein 1LIILANIIf'T ADDITIONAL INSURED AND WAIVER OR SUBROGATION • PERSON OR ORGANIZATION Reza 12.ADDTTIONAL INSURED - ARCHITECTS, ENGINEERS OR SURVEYORS Mn I3.ADDIlIONAL INSURED • STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMTIS Rem 14. AD DTTIONAL INSURED AND WAIVER OF SUBROGATION - LESSOR OF LEASED EQUIPMENT Item IIS.ENOWLBDGE OF OCCURRENCE Item 16. UNINTENTIONAL ERRORS AND OMISSIONS Item 17. BODILY INJURY REDEFrPITl7ON hem IL MOBILE EQUIPMENT REDIO'INmON Item 19.SUPPLEMENTARY PAYMENTS Rem 21 LIBERALIZATION These chutes broaden the policy sectaries described olden differing Mngaige is separately eaduraed to the coverage put Item 1 REASONABLE FORCE Exclusion e. of Coverage A is replaced by the following; n. Expected or Intended Injury 'Bodily injury' or "property damage" expected or intended from the standpoint of the inuuued. This =Chaim does not apply to'hodily injury' or 'property damage" resulting from the use or reasonable force to protect persens or Property 1.0 31. 80 09 07 Page I Sea 'mB page Be%c Available Image 17I201 00 77300063 Item 2. NON-OWNED WATERCRAFT EXTENSION Suhparagraph g(2) of Exclusion g. of Coveragu A (Sedinn I - Coverages) is replaced by the following: (2) A watercraft you do not own that it: (n) Less than 55 feet long; and (b) Not being used for public Iraasporlatiou or as a common carrier. Item 3. ALIENATED PREMISES t. Subparagraph j.(2) of Exclusions of Section 1 - Coverages - Bodily Injury And Property Damage Liability is replaced by tic following: (2) Premises you sell, give away, cr abandon, if the'propKwty damage' arises out of any part of those premises, and occurs from hazards that were known by you, or should have reasonably been known by your, at the lime the property was transferred or abandoned. Item 4. PROPERTY IN YOUR CARE, CUSTODY OR CONTROL 1. Subparagraphs (3) and (4) of Exclusion j. of Coverage A. do not apply except to (a) Borrowed equipment; or (b) "Property damage' to property in your care, Custody and control.while in transit. This insurance does not apply to any portion of a 1oss.for which the insured has available any ether valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other instrance was specifically purchased by the insured to apply in excess of this policy. 2. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section I11 - Limits Of Insurance, the most we will pay for insurance provided by Paragraph 1. above is 510,000 Each Occurrence Lind( S25,000 Aggregate Limit Tbc Each Occurrence Limit for this coverage applies to all damages as a result of any one 'occurrence' regardless of the number of persons or organiz;iIions who sustain damage because of that 'occurrence." The Aggregate Limit is the most we will pay for the sum of all occurrences covered by this provision. item S. DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE A. Fire, Lightning Or Exiplosion Damage The last paragraph of 2. Exclusions under Section I - Cote rage A. is replaced by the following: LC 3180 09 07 Page 2 See neat page 13esl ANA liable image 271201 000977304064 Exclusions c. through n. do not apply to damage to premises rented to you or temporarily occupied by yon with permission of the owner when the damage is caused by fire, lightning, or explosion or subsequent damages resulliag from such foe, lightning or explosion, including water damage. A separate limit of insurance applies to this coverage as described in Section 111 - Limits of Insurance. B. Liinis for Damage to Premises Rented to You Paragraph 6. of Section III - Limits of Insurance is replaced by the following: Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for any combination of; (,) Damage caused by lire, lightning, or explosion or subsequent damages resulting from such fire, ligfaing or explosion, including water damage to premises rented to you, or temporarily occupied by you with permissioo of the owner; and (b) "Property damage' (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days Item ti. BODILY INJURY TO CO- EMPLOYEES 1. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2 *.(I)(a), (b) and (c) of Section I1- Who Is an Insured do not apply to your supervisory or management employees' for 'bodily injury may. 2_ Subject Ito the Each Occstrrernce Limit and the Genera Aggregate Limit, Paragraphs 2.a.(1)(6). (h) and lc) of Section 11 - Who Is an Insured do not apply to your "employees or 'volunteer workers' for'bodrly injury' arising out of a Good Samaritan am to a co-"employee or co-"volunteer worker :` A Good Samaritan all means an attempt to tcacuc or aid a person in itorainetrt or serious peril, provided the attempt is not recklessly made. Damages owed to an injured co- 'employee* or "volunteer worker' will be reduced by any amount paid or available to the injured eo-' employee" or `volunteer worker' under any other valid and collectible insurance_ Item 7. HEALTH CARE PROFESSIONALS AS INSUREDS Paragraph 2a (1) (d) of Section 11- Who Is An Insured is deleted unless: (1) You aro engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The 'employee" has nay other insurance that would also coiner dairr arisio,g ruder this pr.,sxi; ion, whtlicr the Other insurance is primary, excess, contingent or on any other basis. Item 8. NEWLY FORMED OR ACQUIRED ENTITIES Paragraph 3. of Section 11 - Who Is An [nosed is replaced by the following 3. Any organization, other than a joint venture, you uewly acquire or form and over which you maintain majority ownership or majority interest, will qualify as a flamed Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until: LG 3180 09 07 Page 3 Sec mm nags BeitAvailabtr Linage 271201000977300063 i. The 180th day after you acquire or force the organization; Or ii. Separate coverage is purchased for the orgauirstion; or ill The end of the policy peariod, whichever is earlier. b. Coverage A does not apply to "bodily injury' or "property damage' that occurred before you acquired or formed the organization; and c. Coverage K does not apply to' personal and advertising injury arising out of an offense committed before you acquired or formed the crganization. No person or organization is an insured with respect to the conduct of any past partnership, current or past joist venture or past limited liability company that is not shown as a Named Insured in the Declarations. Item 9, BLANKET ADDITIONAL, INSURED AND WAIVER OF SUBROGATION - MANAGERS OR LESSORS OF PREMISES A. Sedien ti • Who is An iraSL,ed is arnandcd to in:Ana$ as an insured any manager or icssor of prcmiscs leased by you la wt:icir the written lease agreement e :hl ='gatm - ou to pr;rt;rc additional insured coverage, provided that: 1. The • achy .aiiiry "pr o damage' or tDe sorisi nril3 xxtvPri acsww xn�nr Riea:n.r . r., i :- .Y. :l :e.. erka.c: .__ _.- ci.niza aa1gge..r.N ei , 11 r.Y 'ib.c: Wi ca::rcezwrit 1'a er, cited at the tii?5t Of iAt '1'u9r1;kt taitrrel' "urn....... .ice........:• xr.._..�..�t �-, -. which .... W.. ;':ate Thos ,.,n..rnw �r r...,.- Minns :.=:h !! L.. _Fr__ _d . _ _ x _ ., . _ ._.. _._. - >_.- �._ -. --+% - u� ::..�.. ii i iii iiu li - - --" -'-uai jobiavti The eeve a &Y a eidld to the as ditiona! ie.44irc.1 is limited to liability is cs.-.E .edion v'i k the ordnernhip, ,'. airitenanef, cc me. of thz pemiws leased to g itme -= esteem, is le=. ir.. or is pay by so= rcrereisciz° etc, ur ergiss;001 of you, youT !rte for es, your a"t or r °roi'e b �i. The_ r r. coverage r r t 'rte � 7t ut$r &Si t.E?�4"..�,ztC"S: � .S � uG.$i � e ;mitred for xr}r3CA7ly in'L'i -? o tat sge ' e - - tG�a.ua injury, r .� i""ir -W �,•.� Q: •Q...x7�i aat2 :E�ai^ ��i��� SE��$?:� arising *List of 6.,:e suit negligence ante additional iurirt:ol or by theme actin on behalf of t. ire additional in_siamek e4 a.K p.Qvided bsl+. )( the written agrtcm.es to indemnify an ad diticna: instinct requires that you inirkninity the additional ias..;,-ed for its sole negligence, then the coseragc for the additional insured shall conform to thai agreement; provided., ho-ra-iei, ;sat tae cuntracteuai indemnification language of the agreement is s ^arid under the law of the smite where tic agate ent was formed_ If lilt Wriiicu agrtt:mcat provides that a particular state's law v.ZII apply. then svdi p e inks min be henra ed- R. 3s nera.r 37eisrntr3 i.tw For airi ndditiooal ifairrad td .t iJI3?f!tr+s 512:'_ On this j.atiii ;� �uh Paragn ph A. abovs. we waive : any right cf reccm -y tie rn ak bans tigai ss the sdtlitiocia l insured ncae..5e' . pa r.' : era mate,' "bodily N' f"""-'• u 4 furl �oGiiy inliiiy : 'property dadW.s?ggo' or `.'raor5&1 and aadtcrtisiag injury" to car ieh i1<i ii'geecs-__eee applies. C. 6r. deadens This :mu:mace .x..... net apply La 31840 09 (17 o:.-v ui.ry yre�a. Beit AVatinitle rma 2712011)0119773 000454i 1. Any 'occurrence" ihnt takes place after you cease to be a tenant in that premises. L. Any construction, renovation, demolition or installation operations performed by or on behalf of the additional insured. 3. Any premises for which coverage is excluded by endorsement. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, hut in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shalt be excess over any Wier insurance available to the additional insured, whether such insurance is an an excess, contingent or primary basis, intlitSS you arc obligated under a written agreement to provide habilitY Mice for that additional insured on any other basis. In that event, this policy will applysolely on the basis required by such written agreement. tha that the adrlitional if...Jared has ate flgi io pursue any oiler insurance carrier for coverage., including a defense, me shall share that righ1 with the additional inglira 11-f-In EXIANJJ LM4OE ITATIONAL AND WAIVER. OF SUBROGATION (FOR INSI'LLLATION EXPOSURES) Sectioa Vail Es AG. inclaiie 3,n icc-ii -Ariy pc.rsaa t wk-ria-i CM- C,bligited by 3 enit:en ageemjg pr iEntl,cd cr..Nerage, prolUed ! ZAc..nrcs,L,- .747;". iLd.41,04i 5111,sa kakitiVe.E5f RO' the trattcution of the written a-gm:most; sad is in ra of 4.thq;EliSiigg jyr fer whit+ coveragc is soix61-z. Mat l'ocmii or orgrmiulion 2hall refeo-td to as. the additional The rorLiba irLtim'eri lisisitetii 'AK& or in part, by the negligent yf•Are ;K..21 SIEEV.07,17.7dGIZ, the 174%-forimaiicz- yonr This imcirar. 40es not ars.P.11!o detware,' ARri ach•....,14;1g ;T4riyr Ci your Veark' included in File "rrre4tro-s-corrirAtid bnzur ka_arr,s -ical Faitiired such coverage for the additional insured by the %wine!! ar.veernent, and !ter; e-nly for tba the %written awe-Gracia and ordy for liability earned, in whole or in riaTi, by !Art rzsittrl ari! your cmpioyetts, your agrutts, pus- subcosiiraerom E1CFC i5 wveitle for Lb e additionai inswzd for tmlily -weputy dartraize kr "personal and ati.7-...rtising injury' arisiail &Lg. of the sole ne-gligence of the additional insured or by those min on boksif tU era.-trit pravidcd L.a zit ;39 cfi ?age 5 Z33 Bca4 r� �;i�:;,is i = di1g4)0i ..:37730 +:r+ 3is7 If tit written a ,reemein iD inclumoilf aihliiional insured requires that. You UlLicrchlify khe addii.iII)n,.$'l insured urei dot i:s sole "= &is Li:cer ;bun the .• a � the. additional insured snail conform to that agreement; g^t3viisled however, !mot the contractual mater: nifi�:ion language .,f the agreement is valid under the taw of the r iris agramleni wag fur!oed. L the written agreement ••- ;;vidw state where r- that N particular 5t liC'S lour will apply, tCtza such provision will be honort:ei- -"_ tr;T:Y{;i isriY;gai:D For any additional inured that obtains insured state_ ea! this policy through Paragraph ph Fa.:riinre, we waive m uy right of recovery we may have manna the additiowtil insured because of payments we make for "bodily irrjnr7F, 'property damage" or "personal and advertisinig injury' to which this insurance applies. C. i iclueions IV-Spud IV-Spud rat tilt: insurance afforded "<a rim= additional insureds, (hs following additional exclusions apply: This insurance dots not apply: a, To "bndifg syjletr; „ w.±ty dLr-= - "°rw.i,.. .1c 4d YT,C id:tL•!y tG` render, $L3 professional ="''' � - °6c ==_• -`•: � ;R•:`w`e.R 3me v`° is`ai ? � n =� ?� - ..- } architectural, engineering ur stirveying services, including:' surveys, field eFry, order's, ebair a orders Or drawl and S drawings specifications; o: b. Supervisory, inspection, architectural or engineering activities. have 'bodily injury r -prey damage° that occurs during :}ic ciiguiag millions of a projei where �e had=�tit�r purchased an Owners & Contiracsors Proteriive Liability or Railroad Protective Liability Policy for the J. When coverage is oiail:asiiic modes a eoeisolidated (swap tip) insurance program in which you are involved. D. €3lfter liisttrance A. The insurance provided by this e^_durse=nt appii= v :i f i:; eve, -:.gas and fi tits of insurance require' agreement, but is au event exceeds either the. scope of cc�rage or the limits of insurance available hi` t written policy. Mier this P �� This insurance shall be excess over any ether imamate: available to the additional immed, whether such is on as excess, ;,.::: �.nca �ntiregeat or prirraarglias�, urr?rst you are obligated under a written agreemrrf to provide liability:murarce for that additional insured on any outer basis. la that event, this palicy will apply skilely run the basis required by such wri¢en a! peeress. To �.- .�`.iy t:�'�L : .� ^mo _• s ^SSL: GL: `^.SL' •-.L heE .' .... - ._.. u= i<-�:....: _ .::vs.: ircl .r�vrw 3 kEt hter we :hall share that right with the additional insured. nilCi'i'+?I L $fL;StjRED ALN_3''± AIVE ccr- SuliE��...ATIOFi - PERSON OR OEf:ANlZA::':!N ealoo ii - Who "t5 r`i.]i las fired i:t e;ti2oii i to include 3S ° 'thi't'.,4ml insared any parson or org nizatien ter whom ou'.i are :Fblistated by a wvilien ageemr_nc in procure '- +dditio_s:I insured coverage, but only with i'r1rrt to liability for "bodily i�je`rryr', c -personal L you ' i�:rFBS:f it3�aFL`` or tT�iSli�it:kf and %Aitkrrf ICt1ilg rninrv' �::£e'�, in 17.':;.^.•ly or in Tian, IiyYu4St` iRr�3 or e or the act par undssions vii ti: = ac€i ;ken your behalf: t.G 31 43t3 T.; IP See n•,a*, pap:. t _y;�is3t4p��� 2. In CO riii riticin with promises owned by you p o'idcd that: • - ...:a. -- u7 ' ;Iona ai . am_:rrierne iriars� =iv3a r _fi, e. c _ • st,ikSC LiC12E to the ,�.._ the - ---- .. ---•� - -s =s $ cxecu.ice of the agreement; and . -i aq = v:I -t vt time of r`_ L_L_ - i{ YL Y 1H-74-ati.-.. y i �F• ^ "- or 'i dv+ertisine injury' for which coverage is sought. ~ - -'- That person or organization shot? rzferred Fo as the additional insured. There a is no coveraLT £nr us,e a.t.iiii`cv.a„i l est for "bodily .n. . y iFiliii y"r "property iia=!rF.iirC' or "personal anti : WiaLiiil4 :iiiirti arising out o( the alt neg ig rs. of the additional imurcdf or by t'ii i .14ing on b baif of the additional insured, except. as provided below. If the written agreement to !Lldt ntaif'y ,:r, addu ioial insured rEpuearrts (hiii y09 indemnify isle additsonal irC,i red for its sole negligence, then the coverap for the additional insured shall wrAfcriri qr, that.. agreement; prr+s5ied, hover, that the contractual €nderiaeetisati ^rt lasgeap,e of the agreeme is s:-fid under the law- of the oat& %OAPs - the agreement was formed. If the writ err aveeukni provident that a particular late's law will apply, them vct, provision wilt tuz honored. g. Waiver Of Sukuguanui For any additional inst•rFti riot% obtains inserted steps en this i._. n K. above, we v any ai11L5 rlVeii.r Hui caeca i-aYa�p r 4!2 6C LiR right taf reCOVM, WC MO iaVe a deaf ling '¢,if litionei beeou .^L jcleatS ;:a: make far Uglily injury', `prcIv- ydasa �J. ?��i3'. [µ� advertising injury' 5whirtn 1t. :z atwi°rl. C. Exclusions This insurance doe: not apply to 1. Any premises or equipment leased to you 2, Are/ . •�••Y••Y c�.._.r_v opraticrs• g i..a v el Vohs Or is operating 3 : your behalf. D. Omer Insurance wrlie ii"eararice p rM k-d by this tin+dmserne- a CMi•ew w.•{ mv as� and iirfny 5iiQ±� required by written agreeseLt, {tut in no event ekeeeri, either the see—. w :Crazy or the limits of last:ranee available FnsilL2 this p+eli�, This i!F?Lirainte shall be excess over any other iasuarice av aiiabir in to stiditienai infant!, t t£liae: W..f h r '1 .MiW R�IW >$ t;a an excessr contingent or y basis, tail you are obligated under a written 2v C!*x_t to p:v^4 :.t liability insurance for that additional i..cr,.d CSC any other basis. la that il'ii3 policy will apply solely nn the basis required by such written agreement. the a defense, we shall share !that right :vial the isi insured. ..Y •.�.. -__- 'y irc.ia� :::g sid'uiitGl9 LO 31 A fig iii Va See next page Best Awailublia ireasigE, - Z712.01010.0p-77300.669 Item 12, ItIMITIO1'41A INSURED A RCHETECTrt, ENGENEESE_S OR. SURVEYORS Section II - Who Is A J,J to include rts an, additional Orsurnal an! architect, cagiocer, surveyor cagaged by you bat only with respect to lishitiry for 'bodily ioirtrf "property damage et 'personal arid advertising injury' caused, al whole or in ,aihi your acts or omission!: or AEL5 ourissirin rtf tit On your behalf: 1. 1:: connection with your premises; of 2. in the perforemoce ef your ongoing or,..rations. With respect to the insurance :Afforded to lite:!se. ddiioft insarods, tho (flowing additional exchsion ppl: This :-..;:rarg-= in 11:kitty ..... "cm; rmn...nzi .1:1•■• zAzirt...a of the rendering of or thu fuilinto Li render any profsioftai scfvic.c.s b; er for you, including: 1, The Into-ring, approvinur er tailing to prepare or approst, maps, shop drawings, opinions, reports, swve ys, -Rat orders change or4ers or tienwinv and speccatiom; er a. supervisory, inspection, arshiteunral or engineering adiviticS. item 13.AIWITIONAL INSURED - STATE, MUNICIPAIITY oR roLnicAL SLIRDIVISICIN ?FR NUTS SeCili on U. Who is An lei is amereled incinde as an adeiitiomi ire d any Zste, municipalitY Or subdivision with respect Lc) Uri operations perk/rased by yowl; ItM yew behalf, for vitich the state, nurnicipolity or political subdivision has issued a permit. However, this insurance does not apply tn.: '7747:Intty tiat-Ttas...fr,' or the state, mne_4cipaliry or political subdivision; or - 2. Any iit:711sde-d Wkr1 1Vcoirc4 by written C2r!trat—i or ageo=ent. initiated pri- t ou: Of -13rAilv isturf,' =1:4,-)ptrry 'F.-Z:77,24174 az pet, by you er those acting y-..-zz tam:. Revs 14.JN41 SUREil W.fitittoTsii SUBROGAI1ON - LESSOR OF LEASE) EQUIPMENT A_ Section If - Who is An insured is ameetled 1ft Aa An 54.0.tlition.i ira —ad nuy orgartizatiori whom roe tease equipment when you ariti such person re ing...Ani?-aijon nfrEeti irt 7. Write.% agreement ti.:at such orgar.iunlion added us an additional insured an your poiley. re 'r or„Tarti-torion ir:sami Vrith Eiklt liabILlty for "tv.;.-lily iziory". 'Froperty damaue 'i:ierstatial &AEI nrivortising Oriorte cattsc.ii: tn. in tine!, 22= equieusept lesfoeill to you b,r- stich j,-.r.s.or, LE31.7.:T.ZIX,4 kir y I a .11 s ••■• eh. ,AA PE:aged i:41;;_tif cif .rhp, ,17 :=1,0":".innqi41:1'S !t:±- kir 717Z..{1 31 En a? n7 LJ Vi72:1.2.1" S..1:Mlfttiett re.? aciai.anal r.Pir-z ffas7-1stfatz vnyl,s-,n.17 A_ tt of =el:47=1Y maY assirzt tt,T- 'prol.t;iy 'PCIrSanrii and advertisisia iujurr c?Lry!,.,,c wizolit, pa:r!, ,api:ratios uf icasezd tu you by suck tpuisou i nrogi?atinn. C. Giber Insin-ance Thi iucc sli h cIrr.r7; ow! '''''rr :!;c :Aid= iLlsega is ag au excess, coutingeat ot primary ba4s. noiror ‘te. CSE'rrit-t-71- ;VM4C;•7 Frs; Labilny imuzaace far that radditi(irtal insured are any stirs bg.i. tvore ;1i potiry iT ;Lc IA:is seqiAi by 5uch vita af.rctmznt- 4'47 t;7,17-7.7.:, '1=174 e:nr firritMCF WC 5i211.4.1 !bare thnt richt with :hr., Rent 1.51C??.(11.1t1,Ftntr:g Or orc ILT atti the "'Ls ti=1:11 '21 LI" P61..441'1•1;...111 th• tzfr-IT: tc ztr, any other "tiopioyee :with insornom or risk et Kern 'Id. UNINTENTIONAL Ar4n tr,M3F-',271rF.44; • 7,10x- 1%7 rar........raZ 4.1 Fai - CondOng smendeti add !he foidemiag Afq unintentional erre!' Cc tire de-se.....-ietitrz iraCnciCci Ca bC CUVarCii by this Deltierf w1 fIN ;truldiriatt es! ftr you mast trair.4151:41- crrur ur omission to us as silos as prmaiv*Re if"- its (iiteetert. • !tern 17. BOUM? INLITRY p.rer:r.mirlIC114 ••• •.-ena••• •••••• • aik,••• edi uii - i-natriumimmi st.lalom re.pince4 by e tetItm.r.c.: 'Bodily injury' Meall‘ 6.11;i1V disr.s2rec. 3.4:13,:skr.,-; by a pi:a mcatat. which rrsuits at any time from maich pkysical rtimicz? s;:tkiscva pfryi:E•ral' z-my type at menial emotional inlets iiiiitritE4: nem 19 11:1091LF. EOM ttiritr,r1m7r:N fit!. Fz:d. 7-2 - !tom 19. SUPPILENIEKTA IAA.11.4 re N.7, LIG 31 ga 69 07 are reuisced 7••••• •••■••••• BeIIAV2Jhi� Dil?2, 771'242 fic:m14'.77:317171.■371 rt tip L4 25 1r cce-t clf bemds bE121:tr,5kt 74.rciriesits, 1.tw ,h, ZIE.7 vcnicm wlocli Me. Bodily Injury Liability Cort.tramr. orpries. Vitt do. 10 fivnici; ; '1- Aji rc C'll'111141:E' 1.-Zat ;i".“e'-'1 at • rualtrffd H-1;;L't c.J:ure WA Mg:Hit:1Ra loos of tioninns- te "i-7500 1.1:av h11:-; fr:o2o wi-AL Item ZIF, I.; BE li:41.1ZATION't - tjcaural 1..sobtioly amendtni add OTC rotlowilri7: i!1 It we adopt a changrx oqr firms nal! which vent: 41 kiirrs.rlin y- ;der coverage will apply to thiS Thi_s vdermirast e..fre,s1k-.3 E5E-1-1141 EtisL v„.74..1,-,1,F yaw' slate. 31 so o9 Lal =VC Insured: Barcom Commercial, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, /DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM / GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organizations) who are "insureds" under the Who is An Insured Provi- sion of the Coverage Form: This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Refer to Designated Insured Schedule. Name of Person(s) or Organization(s): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Policy No: ASJ- Z91- 455287 -o20 Effective Date: 09/12/2010 Expiration Date: 09/12/2011 Sales Office: 0949 CA 20 48 02 99 Issued By: Wausau Underwriters Insurance Company Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Insured: Barcom Commercial, Inc. Eva .Available image 7:71 10101)097730111148 Policy# TBJZ91455287030 v THIS RNOORSEMENTC1HANGES TIIR POLICY. EoLEASE RYAD IT CAREFULLY. Texas Changes - Amendment of Cancellation Provisions or Coverage Change Thus endorsement modifies insurance o,uvided ender die following. JCOMMERCIAL GENERA LUABIIJTY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LEABII.JTY COVERAGE PA RT RAILROAD PIROTECIIVE LIABILITY COVERAGE PART In the event of Cafae ellalion or € aerial done Rot e° revs icz efiLiEkil 17y _Y iS 4.V1'TFd fiL we apes to mail prior written notice of cancellation or material change re,; CC'"�_ trite IA F FROST .}. !d.t!i Z L re BAY IsTi) Seb.steste. I Address i LAR DO TX '72041. I 1 802 14. C ARANCNIOt l 30 ...._1 C I,'2-Ui s CHRISTI IX i8470 i _ 1 i 1234 F`L E i 1 PO e 7 F I ffk Nwribw. g Day a Advance Notice 1520 W CALTON 130 Bite.177 7,7 r or, • '88-QT ROTA IL S;'LLfl iO1 a .l'4ti ..�._.�.. �, 0 rt � F BISHOP- C yh oL i —.T i� y c i;-%�— v-p,. i i ^ w __ - rT�+ „.1 6 i • cStY "7 R,; (;sassi.'�'.'�r OF CORMS .+ , _- -» r ie°Z'._F �e i 950.2 C:Ru�.,. W nf• - 1 - "1 C € s . f l �,!k; 1 COR. US w.' tr , ST s TX _ '4 4 i i BOYS sx ,+lRT,8 CLUB OE 0:1 9' 134' d T 713 S •187"-- ST =e :l"rymrs.-a= T,,, 7854, ct '+y-e- his T . —e� _ s. S t y v 2 S —� n ".1S)PPt! .�`..^ :: {1iT PJ C i- I ah,-,- .� _��,...., t �:+� �.:,: « « E �:, ` Ce is 2 :: = ,.YS -*, €o„". 12 Mf nom; �1 rh; ts.,. CB RICHARD ELLIS INC AND CC FROST PROPERTIES LTD CB RICHARD ELLIS INC & ONE SHORELINE PROPERTIES LLP CORPUS CHRISTI RETAIL VENTURES LP CHRISTUS SPOHN SHORELINE HOSPITAL CHRISTUS SPOHN HEALTHCARE SYSTEM CHRISTUS SPOHN MEMORIAL MEDICAL CENTER CITY OF CORPUS CHRISTI 'ATTN: SOLID WASTE 13es1 Arwelable Image 8 02 N CARANCAHUA STE 510 30 CORPUS CHRISTI TX 78470 800 N SHORELINE BLVD 30 x}100 N CORPUS CHRISTI TX•78401 1600 W 71" ST STE 400 30 FORT WORTH TX 76102 600 ELIZABETH 30 CORPUS CHRISTI TX 78404 1702 SANTA FE 30 CORPUS CHRISTI TX 78404 2806 HOSPITAL BLVD 30 CORPUS CHRISTI TX 78405 PO BOX 9277 30 CORPUS CHRISTI TX 78469- 9277 CITY OF CORPUS CHRISTI PO BOX 9277 30 DEPARTMENT OF ENGINEERING CORPUS CHRISTI TX 78469 - SVCS 9277 ATTN: CONTRACT ADMINISTRATION CORPUS CHRISTI INDEPENDENT PO BOX 110 30 SCHOOL DISTRICT CORPUS CHRISTI TX 78403 OFFICE OF FACILITIES & OP ,COSCI- CALPINE OPERATING SERVICES COMPANY INC CORPUS CHRISTI PROPERTIES CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT CITY OF CORPUS CHRISTI 2712010009773004149 3952 BUDDY LAWRENCE DR 30 CORPUS CHRISTI TX 78407 3817 S ALAMEDA STE B 30 CORPUS CHRISTI TX 78411 801 LEOPARD 30 CORPUS CHRISTI TX 78403 2406 LEOPARD ST 30 CORPUS CHRISTI TX 78408 CITY OF CORPUS CHRISTI PO BOX 9277 30 ENGINEERING SERVICES CORPUS CHRISTI TX 78469 - CONTRACT ADMINISTRATOR 9277 COTTA PROPERTY MANAGEMENT LLC 5350 S STAPLES STE 319 30 CHRISTI DEL MAR COLLEGE DISTRICT 101 CORPUS 78411 EAST CAMPUS 30 _ CORPUS CHRISTI TX 78404 DEL MAR COLLEGE DEL MAR COLLEGE IT'S REGENTS LAND EMPLOYEES 'ED HICKS IMPORTS LTD LIMITED PARTNERSHIP FLINT HILLS RESOURCES LP FLINT HILLS RESOURCES LP GRAMERCY CAPITAL CORP C/O JONES LAND LASALLE 101 BALDWIN BLVD 30 CORPUS CHRISTI TX 78404 3001 AYERS ST 30 CORPUS CHRISTI TX 78404 3026 S PADRE ISLAND DR 30 CORPUS CHRISTI TX 78403 BOX 2608 30 CORPUS CHRISTI TX 78403 PO BOX 2972 30 WICHITA KS 67201 9900 BREN RD E 30 MINNETONKA MN 55343 CG 02051204 12-04 Page 2 of 4 1 GRIFFIN PARTNERS ATTN: DENISE LOPEZ JACO & MCC JOINT VENTURE LIP LAREDO INDEPENDENT SCHOOL DISTRICT LAVERNIA INDEPENDENT SCHOOL DISTRICT LINCOLN HARRIS CSG 'Rest AraiWblc 1m01L'c 2112.01 11<7 09773011050 555 N CARANCAHUA STE 220 CORPUS CHRISTI TX 78478 30 5990 GREENWOOD PLZ BLVD STE 205 GREENT,OD VILLAGE CO 80111 1702 HOUSTON ST LAREDO TX 78040 13600 US HWY 87 W LAVERNIA TX 78121 30 3 30 LINCOLN PROPERTY COMPANY HALER INC ATTN: DAWN SCHETZSLE NAVY ARMY FEDERAL CREDIT UNION NAI REOC PARTNERS 3301 S ALAMEDA STE 303 CORPUS CHRISTI TX 78411 PO BOX 679 CORPUS CHRISTI TX 78403 30 PO BOX 81349 CORPUS CHRISTI TX 78468- 1349 30 30 NUECES COUNTY HOSPITAL DISTRICT NUECES COUNTY OLD LIPAN LTD PHARR -SAN JUAN - ALAMO INDEPENDENT SCHOOL DISTRICT PHARR -SAN JUAN ALAMO INDEPENDENT SCHOOL DISTRICT 802 N CARANCAHUA #510 CORPUS CHRISTI TX 78410 555 N CARANCAHUA STE 950 CORPUS CHRISTI TX 78478 901 LEOPARD ST CORPUS CHRISTI TX 78402 615 S UPPER BROADWAY CORPUS CHRISTI TX 78401 30 30 30 30 RABALAIS I & E CONSTRUCTORS LTD ATTN: KATHY RICHARD RETAIL HANDYMAN 601 E KELLEY PHARR TX 78577 800 S STEWARD RD SAN JUAN TX 78589 30 PO BOX 10366 CORPUS CHRISTI TX 78460 30 30 RETAIL MAINTENANCE SPECIALISTS LLC PO BOX 87977 CAROL STREAM IL 60188 30 SOUTHERN AMERICAN INSURANCE ATTN: AL MCCLURE TEXAS DEPT OP TRANSPORTATION CST - CONTRACT PROCESSING UNIT TEXAS GENERL LAND OFFICE AND TEXAS VETERANS LAND HOARD CONSTRUCTION SERVICES TEX -LAN COMPANY TRAVELERS PROPERTY CASUALTY ATTN: RICHARD SAUCER CITY OF CORPUS CHRISTI 1 MEMORIAL DR WATETOWN NJ 08758 8203 WILLOW PL S #500 HOUSTON TX 77070 200 E RIVERSIDE DR AUSTIN TX 78704 1700 N CONGRESS AVE STE 700 AUSTIN TX 78/01 2402 BROADMOOR BLDG D -11 STE 102 BRYAN TX 77802 4650 WESTWAY PARK BLVD HOUSTON TX 77041 30 30 30 30 30 30 PO BOX 9277 CORPUS CHRISTI TX 78469 - CG 02051204 12-04 30 Page 3 of 4 Bret Available-61v: 271201000 9773 00 0+51 C00205 12 04 t2-04 Page 4 of 4 9277 —' THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO 7703 FLOYD CURL DR SAN ANTONIO TX 78229 - 3900 30 --- US MAINTENANCE COMPLIANCE DEPARTMENT PO BOX 2468 SOUTHEASTER PA 19399 30 WELLS FARGO BANK NA AS TRUSTEE C/O TRAMMEL CROW CO 800 N SHORELINE #100 N CORPUS CHRISTI TX 78401 30 THE WHITING - TURNER CONTRACTING CO 13105 NORTHWEST FRWY STE 105 HOUSTON TX 77040 30 —" CALPINE OPERATING SERVICES COMPANY INC ATTN: CONTRACTS DEPT 1180 IRON POINT RD STE 300 FOLSOM TX 95630 30 BROOKDALE SENIOR LIVING 111 W PLACE STE 200 BRENTWOOD TN 37037 30 C00205 12 04 t2-04 Page 4 of 4 i insured: Barcom Commercial, Inc. ti THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Liberty EXPRESSs"' Auto Enhancement Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. Newly Acquired or Formed Organizations H. Employees as Insureds M. Lessor - Additional Insured and Loss Payee IV. Supplementary Payments . Increased Limits V. Fellow Employee Coverage VI. Personal Property of Others VII. Additional Transportation Expense and Cost to Recover Stolen Auto VIII. Airbag Coverage IX. Tapes, Records and Discs Coverage X. Audio, Visual and Data Electronic Equipment Coverage XL Physical Damage Deductible - Single Deductible MI. Physical Damage Deductible - Glass XIII. Physical Damage Deductible - Vebiick Tracking System XIV. Duties in Event of Accident, Claim, Suit or Loss XV. Unintentional Failure to Disclose Hazards XVL Worldwide Liability Coverage - Hired and Nonowned Autos XVII. Hired Auto Physical Damage XVIIL Auto Medlcal Payments Coverage Increased Limits XIX. Drive Other Car Coverage - Broadened Coverage for Designated Individuals XX. Rental Reimbursement Coverage XXL Notice of Cancellation or Nonrenewal XXII. Loan/Lease Payoff Coverage XXIII. Limited Mexico Coverage XXIV. Waiver of Subrogation L NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words you and your also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization, or 2. The end of the policy period, whichever is earlier; and C. The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. II. EMPLOYEES AS INSUREDS Paragraph A. I. Who Is An Insured of SECTION II - LIABILITY COVERAGE is amended to add: AC 84 07 05 09 Copyright 2008 Liberty Mutual. All rights reserved. Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. -411 fY4.001 Your "employee' is an insured while using with your permission a covered "auto" you do not own. hire or borrow in your business or your personal affairs. III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A. Any "leased auto' will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any "leased auto" until the expiration date of this policy or until the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. B. For any "leased auto" that is a covered "auto" under SECTION II - LIABILITY COVERAGE. subparagraph A.1.. Who Is An Insured provision is changed to include as an insured the lessor of the "leased auto." However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You. 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating a leased "auto" with the permission of any of the above. C. Loss Payee Clause 1. We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered leased auto." 2. The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor of a "leased auto," we will obtain his or her rights against any other party. D. Cancellation 1. We may cancel the policy as allowed by the CANCELLATION COMMON POLICY CONDITION. If we cancel the policy. we will mail notice to lessors of "leased autos" which are on file with the company. Such notice will be the greater of 30 days or the same notice period we afford you. 2. If you cancel the policy, we will promptly mail a notice to lessors of "leased autos" on file with the company confirming: a. That you have initiated cancellation of the policy, and b. The effective date of the cancellation. 3. Cancellation ends this agreement. E. The lessor is not liable for payment of your premiums. F. For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such "leased auto." "Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the AC 84 07 05 09 Copyright 2008 Liberty Mutual. All rights reserved. Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its perrnissipn. XXIII. LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBIECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM ALICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B. 7 of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accident" or 'loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 14 days or less; 2. For coverage provided by this Section of the endorsement, Paragraph 13.5. Other Insurance in SECTION 1V - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement w ill be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following; If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value, of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXIV• WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV- BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of accident, to waive rights of recovery against such person or organization. AC 84 07 05 09 Copyright 2008 Liberty Mutual. All rights reserved. Page 10 of 11 Includes copyrighted material of Insurance Services Office. Inc., with its permission. Premium Liability $150 PC Physical Damage $100 PC Total Premium $250 FLAT CHARGE V. Fellow Employee Schedule of Employees: NOT APPLICABLE Schedule XIX. Drive Other Car Name of individual LIAB MP UM UIM COMP COLL DAVID & ELAINE HOFFMAN x X x x x X XXL Notice of Cancellation or Nonreaewal Name and Address SEE ATTACHED SC11EDU1,E This endorsement does not apply in: CT, FL, MA, NY & VA Policy No: ASJ -Z9I- 455287 -020 Effective Date: 09/12/2010 Expiration Date: 09/12/2011 Sales Office: 0949 AC 84 07 05 09 Number of Days 30 Issued By Wausau Underwriters Insurance Company e All rights reserved. Page f1ofi11 includes copyrighted material of Insurance iceOffe �c with its permission. Insured: Barcom Commercial, Inc. CHANGE IN CANCELLATION CONDITIChl ENDORSEMENT (THIRD PARTIES) Any term or provision of the Cancellation Conditions of the policy or its endorsements to the contrary notwithstanding, if we cancel because you fail to pay any premium when due. we will mail or deliver to the parties named in the Schedule below not less than 10 days' advance written notice stating when the cancellation is to take affoct. If we cancel for any other reason, we will mail or deliver to the parties named in the Schedule below not less Than 30 days' advance written notice stating when the cancellation is to take effect. Mailing that notice to those parties at the mailing address shown in our records for each such party will be sufficient to prove notice. Any provision of this endorsement that conflicts with any law or regulation that controls the cancellation of the insurance in the policy is changed by this statement to comply with that law or regulation. Schedu le City of Corpus Christi Dept of Engineering Services P.O. Box 9277 Corpus Christi, TX 78469 -9277 This endorsement is executed by the Wausau Underwriters InsuranCe Company Premium $ I1399 6 Effective Date 9/12/10 Expiration Date 9112111 For attachment to Policy No. WCa- 291-455 287- 010 WC 99 06 48 Page 1of1 Ed. 10/1812000 mired Representative' End. Serial No. 10 Insured: Barcom Commercial, Inc. TEXAS WAIVER OFOUR RIGHT 10 RECOVER FROM OTHERS ENDORgMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We win not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. 1. ( ) Specific Waiver Name of person or organization Schedule (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver 2. Operations: 3. Premium; The premium charge for this endorsement shall be 2 . o percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement is executed by me Wausau Underwri.tere Insurance company 18996 Premium $ Effective Date 9/12/10 Expiration Data 9112111 j For attactune nt to Policy No. WCJ - Z 91 - 4 5 5 2 8 7 - 010 Gountersigneo by .. -. WC420304A Page 1 of 1 Ed. 1 /2000 Ateti Authorized Representative End. Serial No. 6 Insured: Barcom Commercial, Inc. POLICY NUMBER: CMP 5639345 02 COMMERCIAL INLAND MARINE Ili 89 Z2 04 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE This endorsement modifies insurance provided under the following: BUILDERS RISK COVERAGE FORM COMMERCIAL. FINE ARTS COVERAGE FORM COMPUTER SYSTEMS COVERAGE FORM CONTRACTORS EQUIPMENT COVERAGE FORM DIFFERENCE IN CONDITIONS COVERAGE FORM FINE ARTS DEALERS AND GALLERIES COVERAGE FORM INSTALLATION COVERAGE FORM INSTALLMENT SALES AND LEASED PROPERTY COVERAGE FORM MACHINERY AND EQUIPMENT COVERAGE FORM MOTOR TRUCK CARGO OWNERS COVERAGE FORM RADIO AND TELEVISION TOWERS AND EQUIPMENT COVERAGE FORM SCIENTIFIC AND MEDICAL DIAGNOSTIC EQUIPMENT COVERAGE FORM SCHEDULE* _Prem. No. Bldg. No. Description Of Property Loss Payable Project No. E0946 CCIA Rehabilitate Terminal Building FAA AIP No. 3. 48-0051-046 -2010 i/ CITY OF CORPUS CHRISTI DEPT. OF ENGINEERING SVCS ATTN: CONTRACT ADMINISTRATOR P 0 BOX 9277 CORPUS CHRISTI,TX 78469 -9277 *Intonation required to complete this Schedule, if not shown on this endorsement, will be shown in the Declara- tions. PROVISIONS For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest, we will: A. Adjust losses with you; and B. Pay any claim for loss or damage jointly to you and the Loss Payee, as interest may appear. IN 99 22 04 03 ©ISO Properties, Inc., 2003 Page 1 of 2 0 SCHEDULE' Prem. No. BIdq. + o. Description Of Propwty Loss Payable 'Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declara- tions. IH 99 22 04 03 ©ISO Properties, Inc., 2003 Page 2 of 2 0 POLICY NUMBER CMP563934502 IL 12 0$ b4 Q3 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. TEXAS POLICY CHANGES Effective Date of Change: 9112/10 Change Endorsement No. Named Insured: Barcom Commercial, Inc. The following item(s): is (are) changed to read (See Additional Pape(sj }: THIS ENDORSEMENT MODIFIES INSURANCE UNDER THE COMMERCIAL INLAND MARINE COVERAGE PART. THE FOLLOWING IS ADDED TO THE CANCELLATION COMMON POLICY CONDITION: IF EITHER WE OR THE NAMED INSURED CANCELS THIS FOLICT, WE WILL MAIL OR DELIVER THE FOLLOWING ENTITIES WRITTEN NOTICE OF CANCELLATION 30 DAYS BEFORE THE EFFECTIVE BATE OF CANCELLATION. The above amendments result In a change in the premium as follows: Id NO CHANGES U TO BE ADJUSTED ADDITIONAL PREMIUM AT AUDIT RETURN PREMIUM Countersigned By: J IL 12 0804 03 (Authorized Agent) ©ISO Properties, Inc., 2002 Page 1 of 2 0 Original Insureds Name Insureds Mailing Address Policy Number Company Effective/Expiration Date Insureds Legal Status/Business of Insured x Additional interested Parties Premium Determination Limits Exposures x Coverage Forms and Endorsements Covered Property/Location Description Deductibles Rates Classification/Class Codas ' is (are) changed to read (See Additional Pape(sj }: THIS ENDORSEMENT MODIFIES INSURANCE UNDER THE COMMERCIAL INLAND MARINE COVERAGE PART. THE FOLLOWING IS ADDED TO THE CANCELLATION COMMON POLICY CONDITION: IF EITHER WE OR THE NAMED INSURED CANCELS THIS FOLICT, WE WILL MAIL OR DELIVER THE FOLLOWING ENTITIES WRITTEN NOTICE OF CANCELLATION 30 DAYS BEFORE THE EFFECTIVE BATE OF CANCELLATION. The above amendments result In a change in the premium as follows: Id NO CHANGES U TO BE ADJUSTED ADDITIONAL PREMIUM AT AUDIT RETURN PREMIUM Countersigned By: J IL 12 0804 03 (Authorized Agent) ©ISO Properties, Inc., 2002 Page 1 of 2 0 Original POLICY CHANGES ENDORSEMENT DESCRIPTION Barcom Commercial, Inc. 30 DAY NOTICE OF CANCELLATION FOR CERTIFICATE HOLDERS 1 City of Corpus Christi Dept of Engineering Services P.O. Box 9277 Corpus Christi, TX 78469 -9077 REMOVAL PERMIT if this policy indudes the Commercial Property Coverage Part, or the Capital Assets Program (Output Coverage Part with all property scheduled on the Scheduled Location Endorsement OP 14 01, the following - pries with respect to that Coverage Part If Covered Property is rernoved to a new location that is described on this Policy Change, you may exiend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 11) days after the affective date of this Posey Change; after that, this insurance does not apply at the previous location. Page 2 of 2 ®ISO Properties, Inc., 2002 IL 12011 04 03 El Original