Loading...
HomeMy WebLinkAboutC2011-109 - 2/8/2011 - Approved2011-109 M2011 -039 't= 02/08/11 - Barcom Commercial Broadmoor Senior Center Walking Trail & Parking Lot Improvements PROJECT No. 11002 (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 -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 -9 Ackn wledgmcnt 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 21 -17, Field Office (NOT USED) A-1,8 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and Certification A 21 Project Signs (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required A -24 Surety Bonds A 25 Salts Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements ` _ = (NOT USED) A 28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff 71 er 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 • (NOT USED) A -36 Other Submittals A -37 Amended "Arrangement and Charge fer Water 1urai: icd by the City" (NOT USED) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates 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 '16 Disposal. of Highly Chlorinated Water (7/5/00) A -47 Pre Construction Exp-ioratory Excavations (7/5/00) A -48 Overhead Electrical Wires A -49 Amended "Maintenance Guaranty" (8/24/00) PART B - GENERAL PROVISIONS PART C 7.FEDERAL WAGE RATES AND REQUIREMENTS PART D - FERERALLY REQUIRED LANGUAGE 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 �SS'Q PART W DRAWINGS 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 following amounts is required: coverage in the 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 1 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 Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER 13 RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the Ianguage 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 certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements: will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of.the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self- insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7of11 128S110.1100)(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 110.11 0(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 ofclassification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a. new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may 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, 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) notes 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. 1 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 breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS. Broadmoor Senior Center Walking Trail a Parking Lot Improvements PROJECT NO. E11002 SECTION A - SPECIAL PROVISIONS until 2. :00 p.m., Wcdncaday, December 1, 20xx. Propo3a13 mailed ohould bo addreoocd in the following manner: City of Corpua Chrioti City Sccrctary'3 Office A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern.. A -3 Description of Project The project for the Broadmoor Senior Center consists of constructing a concrete walking path and repairing the existing parking area. The following is a more detailed description of the work: • Construction of a new 660 L.P. concrete walking path, complete in place. • Demolition of existing asphalt in area where parking lot asphalt has failed • Construction of new HMAC parking structure in area of demolished asphalt • 1" over -lay to all drive portions of the parking area. A -.4 Method of Award The contract is awarded as a Job Order Contract (J.O.C.) and prices established through the use of RSMeans cost pricing. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. -5% Bid Bond {Riot reference prejcct name se idcatificd in the rropoaal) 2. Disclosure of Interests Statement 3. Submittal of Materials 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. Section A - SP (Revised 12/15/04) Page 1 of 23 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 Proposals Proposals faxed directly to the City will bc considcrcd on rcaponsive. Proposals mint contain original signaturc3 and guaranty and bc 3ubmittcd in A 9 Acknowledgment of Addenda The Contractor ohall acknowledge rcccipt of all addenda received in the failure to acknowledge rcccipt, and a oubscqucnt interpretation of non rcccipt, 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 Section A - SP (Revised 12/15/04) Page 2 of 23 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 (13r) 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) A -12. Maintenance of Services 826 -3500 826 -3587 826 -3540 882 -2600 826 - 1881 (826 -1888 after hours) 826 -1800 (826 -1888 after hours) 885 -6900 (885 -6900 after hours) 826 -1875 (826 -1888 after hours). 826 -3461 826 -1970 1- 877 - 373 -4058 881 -2511 (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) 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 Section A - SP (Revised 12/15/04) Page 3 of 23 his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City'Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to. assure a safe .condition to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps,. etc. The Contractor shall comply with the City of Corpus Christi's .Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control 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. 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. Section A - 5P (Revised 12/15/04) Page 4 of 23 f-. All existing concrete and asphalt with removed unless otherwise noted. All necessary removals including but not etc, are shown in the removal summary and in the limits of the Project must be limited to pipe, driveways, sidewalks 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. Ai 17 Field Office (NOT USED) aquaro feet of ua able apace. Thc field office muot be air conditioned -and 60" and two (2) chair3. Thc Contractor shall move thc field office on thc cito office. Thi3 item ohall be cons4dcrcd cub3idiary to the appropriate bid itcm3. 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. 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 Section A - SP (Revised 12/15/04) Page 5 of 23 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. - _; __- j _::eeute the werk, thc Contracter shall obtain -approval of thc City or Conoultant Proj -ect Engineer prior to deviation. If, in thc opinion of the. The Contractor 0ha11 tic in or reference all valve: and manholco, both existing of thc paving proses.,,. Also, thc City or Consultant Project Engineer may require Contractor. Thc Third PartyR.P.L.C. shall be approved by thc City prior to any Following is thc minimum schedule of documentation required: Streets. Curb and gutter flowlinc both sides of street on-a-200' interval, Waatcwatcr: Water: •— U1 top of valvco box; • Valvcc vaulto rim; Stormwatcr. tionc at manholco; ZZ Section A - SP (Revised 12/15/04) Page 6 of 23 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) - following drawings. (Attachment 1) . The aigna muot be installed before Contractor. The lo ation of the oigns will be dctcrm4cd in the field by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy {Revised 10/9.8) 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. Def initions 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, Tabor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract'. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of 'Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders.. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or. actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business •enterprise, it must be owned by a minority person.' (b) For an enterprise doing business as a partnership, at least 51.0 °s of the assets or interest in the partnership property must be owned by one or more minority person(s). Section A - SP (Revised 12 /15/04) Page 7 of 23 (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. f. 3. Goals Female Owned Business Enterprise: A sole proprietorship that is and controlled by a woman, a partnership at least 51.0% of assets or partnership interests are owned by one corporation at least 51.0% of whose assets corporate shares are owned by one or more women. or more women, owned whose or a or interests in the 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. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the .Contractor's aggregate work force on all construction work for the Contract award are. as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance Section A - SP (Revised 12/15/04) Page 0 of 23. a. Upon completion of the Project, a. finale breakdown of MBE participation, substantiated. by copies of .paid invoices, •shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make .bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these area 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 complctcd and • applicable.. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be•accepted by the City from any Surety Company who is now in default or delinquent on.any bonds or who has an interest in any litigation against the City. All -bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do .business in the State of Texas.. The amount of the bond reinsured by any reinsurer may not exceed ten percent (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 reinsures authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is. certified by the United States Secretary of the Treasury and that meets all the .above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued:!' A -25 Sales Tax Exemption (NO LONGER APPLICABLE), Section A - SP (Revised 12/15/04) Page 9 of 23 following substituted in lieu thereof. the Comptroller of Public Accounts of Texas. 1. Obtaim the ncccesary Salts tax permits from the State Comptroller. }into the Project._ 3 Provide resale ccrt.ifi atcs.to suppliers. 1 Provide thc City with copies of material invoices to substantiate tho If the Contractor dots not elect to operate undcr a separated contract, he must pay for all sales, Excise, and Use Taxes appli able to thi3.Projcct_ Subcontractors arc eligible for sales tax exemptions if.the subcontractor also complies with thc above requirements. The Contractor must issue a resale ccrtifi atc to thc subcontractor and the subcontractor, in turn, issues a resale- certificate to his 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 2. Address: P.O. Box 9277 Corpus Christi; Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30). calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract-. Section A - SP (Revised 12/15/04) Page 10 of 23 For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not . be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -13. (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. aragraph (a) Ccncral Liability of Section 13 6 11 of thc Ccncral Provisions io amended to include: • coverage for thc term of the Contract up to and including thc date thc City cliwcragc , including any deductible. Thc City must be named additional may require a bidder to provide documentation concerning 1, for services or materials supplied against any of its projects begun within the preceding two (2) years. Thc bidder shall specify the name and addresn of the party holding the .lien, thc amount of the licn, the baois for the lien claim, and the date of the release of thc lien. If any such lien has the claimant, the amount of the claim, the basis for the claim, and an explanation why thc- elaim has not bccn paid. request, sighed and dated by thc bidder "s owner, p-rca -dent or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff Section A - SP (Revised 12/15/04) Page 11 of 23 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, in similar work and be Foremen cannot act as the City. shall have at least five (5) years recent experience subordinate to the superintendent. superintendent without prior written approval from Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a. change in field administration staff during the term of this Contract. If the Contractor fails to obtain- prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A 30 Amended "Conoidcration of Contract" Rcquiromentcc Section B 3 1 Connidcration of Contract add thc following text: 1. A lint of the major components of the work; 2. A lint of the product3 to be incorporated into thc Project; 3. A schedule of values which 3pccificn cstimatoc of thc coot for each major component of the work; S. The names and addreoocs ma of MBE fir that will participate in the Contract, nubntantiation, either through appropriate ccrtifi ationa by federal Section A - SP (Revised 12/15/04) Page 12 of 23 the guidelines contained herein. Similar substartiatien will be required dcmonstratc," to the zatiofaction of thc City Engineer, that a good faith S. A list of oubcontractors that will be working on the Project. Thin list may contain more than one subcontractor for major components of the work if- - perform thc work. on the Project. If the City Engineer deco net approve all proposed incr o.oc in the Contract price. Failure et the Contractor to comply with this provioion eonatitutcs a basis upon which to annul thc Contract Z. components of the work. The final progress ochcdulc must be oubmittcd to • concerning Considcrationo {er Contract Award Gentr etor'o Field Adminiotrat e aff and Execution and thc 9. Decumcntat.ion as required by Special Previs4en A 35 -K, if applicable. form, information identifying type of entity and otatc, i.c., Tcxaa (or A -31 Amended..Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following_ Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer. may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Section A - SP (Revised 12/15/04) Page 13 of 23 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. to attend thc rre Bid Meeting referred to in og ccial Provision 8 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) A. Visitor /Contractor Orientation Watcr Dcpartmcnt Pcroonncl. 2 Visitor /Contractor ,gafcty Orientation for tho3c per;ono who do net have ouch a card, and who desire to perform any work within any City watcr facility_ For additional to City water facility at any time. All ouch itcmo muot be operatcd by Dcpartmcnt. C. Protection of Water Quality thc job cite and shall coordinate ito work with the City Watcr Department to protect the quality of thc water. Section A - SP (Revised 12/15/04) Page 14 of 23 D. Conformity with 2NCI /NSF Ctandard 61 Foundation (ANSI /NSF} standard 61 as dcseribed in the Standard Specifications. ouch items are inapcctcd on thc oitc by authorised- City personnel immediately prior to uoc. The Contractor shall providc the Engineer with copies of writtcn proof of ANSI /NCF Ctandard 61 approval for all materials which could come into contact with potablc water. CONTRACTOR'S ON SITE PREPARATION H. Working hours will bc 7:49 A.M. to 5:00 P.M., Monday thru Friday. I. Contractor must not use any City facility restrooms_ Contractor must providc own sanitary facilities. J. All Contractor vchicics mast be parked at dcSignatcd site, as designated by City Water Department staff. All Contractor vchicics must bc clearly labeled with company name. No privates employes vehicles are allowed at -0. N. Ctevcns Watcr. Treatment Plant. All personncl must bc in company vehicles_ During working hours, contractor cmployees must not 1 ave thc dc3ignatcd construction area nor wandcr through any. buildings othcr than for rcquircd work or as d4rected by City Watcr Department personnel during emergency evacuation_ K. Contractor Qualifications CCADA (CUPERVICORY CONTROL AND DATA ACQUICITIQN) Any work to thc c mputcr based monitering and control system must be performed only by qualified technIeal and supervisory personnel, as determined by meeting thc qualifications 1 thru ,D. below. This work includes, but is not limited to, modifioatieftS, additions -, changes, scicctions, furnishing, installing, connceting, programming, Section A - SP (Revised 12/15/04) Page 15 of 23 1. He in rcguuarly engaged in the cemputcr honed monitoring and complexity an required in thin 3. He has been actively engaged in the type ef work 3pccificd herein for at 1 ant 5 years.' Contract OR at .1 ant three -5. implementing thc .3pecific computers, RTUS's, and 3oftwaae propoacd for thc Contract. 6. He maintainer a pc^rmarlcnt, fully 3taffcd and equipped ocrvicc miles ef the Prejcct Hite to —�i�� -8. product of one manufacturer. will bc hoed in cvaluating which Contractor or subcontractor required to show thc programming as needed and required, to add thcoc two 3yntcros to thc cxipting. City SCIIDA 3yotem. 2.ttachcd in an example of the required pregramming bloeke Enginccr with all changc3 madc during thc programming- pha3c. all of the required 3hccta. The Contractor L. Trcnching Rcquiremcnt3 Shall bc allowed on thc project. A -36 Other Submittals will provide all 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. Shall also cubmit one drawing3 . (1) reproducible transparency for all shop Section A - SP (Revised 12/15/04) Page 16 of 23 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. • d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, • and coordination of information, is all in accordance with the requirements of the Project and. Contract. documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. 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 formes. j• Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and 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 approval. Otherwise, the related equipment will not be approved for use on the project -. • thc. following: "The Contractor must comply with the City of Corpus Christi's Water Conacrvation and Drought Centingcncy Plan an amended (thc - ”Plan "). Thin includes implementing water conacrvation asnres established for changing conditions. The City Engineer will provide a copy of thc Plan to Section A - SP (Revised 12/15/04) Page 17 of 23 A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors -Bin are incorporated by reference in this Special Provision. final acceptance of the improvcmcnt3 under General Provioion B 8 9. A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from .which partial payments will be calculated will not include the net invoice value of acceptable, non- perishable.materials delivered to the Project worksite unless the Contractor provides 'the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has' been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a 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, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, 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. Section A - SP (Revised 12/15/04) Page 18 of 23 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 Highly 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 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 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. Section A - SP (Revised 12/15/04) Page 19 of 23 Contractor shall perform no construction work on the project until 3.) 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 excavations shall bo considered subsidiary to the appropriate bid item. paid for according to the cctabli3hcd price for pavement patching. Contractor shall . provide all his own survey work effort (no separate pay) for exploratory. excavations. 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: "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, the Proposal (SHEETS: of submitting a computer - generated print -out, in lieu 1 THRU 13 OF 13), INCLUSIVE. The print -out will list Section A - SP (Revised 12/15/04) Page 20 of 23 all bid items (including any additive or. deductive alternates) contained on Proposal Sheets (3 THRD 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 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 Section A - SP (Revised 12/15/04) Page 21 of 23 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 Tilo Schmidt; Wastewater Pre- treatment Coordinator at 825 -18.17 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: Broadmoor Senior Center Walking Trail & Parking Lot Improvements PROJECT No. E11002 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 Concrete Mix Design Asphalt Mix Design Section A - SP (Revised 12/15/04) Page 23 of23 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREE' is entered into this 8TH day of FEBRUARY, 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 $58,483.82 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: BROADMOOR SENIOR CENTER WALKING TRAIL & PARKING LOT IMPROVEMENTS JOB ORDER CONTRACT -- PROJECT NO.E11002. (TOTAL AWARD: $58,483.82) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of specifications, including drawings, the Performance the City of Corpus Christi, plans all maps, plats, blueprints, and other and Payment bonds, addenda, and related and documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev_ Jun -2010 BARCOM COMMERCIAL, Inc. • GENERALCOANTRACTOR r-- January 3, 2010 Proposal # 15645 Proposal E -Mail: TO: City of Corpus Christi -- Engineering Department PROJECT: Broadmoore Senior Center Attn: Jason Shroyer E.LT Walking Trail 1201 Leopard St Corpus Christi, TX 78401 We propose to furnish labor and material to perform the following: Price to include: • New walking trial 6601f long • concrete, expansion joints, SL-1 at expansion joints, side walk to be left appx 2" above existing grade, • parking lot demo and rebuild per CoCC requirement. Compact sub grade, geo grid, binch limestone base compacted, 2 inch HMAC, 1" overlay on opposite end of parking lot, • CDBG Sign Price to exclude: • Supplying, assembling, and installing any benches • Layout, elevations, drainage, ADA compliance or markings, landscaping, concrete designed for any weight other than foot traffic, chairs or supports for reinforcement in concrete, all testing, back fill .around sidewalk, fill dirt, if sidewalk elevations are complete flat potential for bird baths exist and will be corrected as an additional cost if depth is equal tb or less than industry standards. Note: Please allow 90 days to complete the above scope of work TOTAL AMOUNT OF PROPOSAL: $58,483.82 Fifty eight thousand four hundred eighty three and 82/100 Dollars Respectfully submitted, BARCOM COMMERCIAL, INC few 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: V Date: 3/ // 5826 BEAR LANE CORPUS CHRISTI, TEXAS 78405 TELEPHONE: (361) 85.1 -1000 • FAX (361) 851 -1717 www. harenrn. CC. Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 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 r- - Rev. Jun -2010 ATTES City Secretary APPROVED AS TO LEGAL ^•RM: By: Asst. City At orney. ATTEST; (If Corporation) (Seal Below). (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF RPUS CHRI (/ii By: ' Juan Perales, /'r. , P. E. Assistant City Manager Engineering /Development Services By: C�1 Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Barcom Commercial , I#c By: iciaz q� I Title: 5826 BEAR LANE (Address) CORPUS CHRISTI, TX 78405 (City) (State)(ZIP) 361/851 -1000 * 361/851 -1717 (Phone) (Fax) 41&j.ji239 au €HORILED Of COMM oyAl SECRETARYM. Page 3 of 3 Rev_ Jun -2010 Bond #105498063 P E R F O R M A N C E BOND 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 -EIGHT THOUSAND, FOUR HUNDRED EIGHTY-THREE AND 82/100 ($58,483.82) 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 8TH of FEBRUARY , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: BROADMOOR SENIOR CENTER WALKING TRAIL & PARKING LOT IMPROVEMENTS JOB ORDER CONTRACT - PROJECT NO.E11002 (TOTAL AWARD: $58,483.82) 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 Lo 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 Wl3EREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this • the nth day of February , 20 11 . PRINCIPAL Barcom Commercial, Inc. BY: 6C -v-ae xi.e l a 1).2.1 vv,.A.N3 (Print Name & Title) ATTEST eS�ck NVAINO- \eN(Q,NC- 1PtgjeC�r COOYA,v■tcke2— (Print Name & Title) SURETY Travelers Casualty and Surety Company of America By: C e/k 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 P.O. Box 3280 Corpus Christi, TX 78463 361 - 883 -3803 (NOTE: Date of Performanr_P Rand must not ha prior to data of contract) (Revised Performance Bond Page 2 of 2 3/08) r-, STATE OF TEXAS § COUNTY OF NUECES Bond #105498063 PAYMENT BOND KNOW ALL BY THESE PRESENTS: 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 -EIGHT THOUSAND, FOUR HUNDRED EIGHTY -THREE AND 82/100 ($58,483.82) 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 8TH day FEBRUARY , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: BROADMOOR SENIOR CENTER WALKING TRAIL & PARKING LOT IMPROVEMENTS JOB ORDER CONTRACT - PROJECT NO.E11002 (TOTAL AWARD: $58,483.82) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in tull 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 Lime, alLeraLiori or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. . IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an .original., this the 18th day of February , 20 11 PRINCIPAL Barcom Commercial, Inc. BY: ( 'a eAri,C. Y f; (Print Name & Title) ATTEST f CQA-NV"--a- n _ \-‘cf.v(Q)cc. (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 : P.O. Box 3280 Phone Number: Corpus Christi, TX 78463 361 - 883 -38Q3 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 OP ID: TERE '`���`"".' CERTIFICATE OF LIABILITY INSURANCE AND CONFERS NO RIGHTS UPON THE CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED A CONTRACT BETWEEN THE ISSUING INSURER(S), DATEINisimDPVYYY) 02/16/11 HOLDER. THIS BY THE POLICIES AUTHORIZED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPO STANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the twrms 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). PaootrcE=R 361 - 883 -1711 S wantn $3r & Gordon Ins Agcy-CC A Higginbotham Company 361 -844 -0101 PO Box 870 Corpus Christi, TX 78403 -0870 Steve Addkison / CONTACT NAME t/N . y;361- 883 -1711 (NC, No): 361 - 844-0101 E -MAIL ADDRESS: PRODUCER ID ft: BARCOCI INSURER(S) AFFORDING COVERAGE NAIL 0 INSURED Barcom Commercial, Inc. ;/ 5826 Bear Lane Corpus Christi, TX 78405 INSURER A; Wausau Underwriters Ins 26042 INSURER S :Commerce and Industry Ins Co 19410 INSURER C: Republic Lloyds 19208 INSURER D: $ INSURER E: X INSURER F : $ • 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 I5 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE !NM WVD POLICY NUMBER JMMID POUCY yYY} (MMMI[ EXP LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR TBJZ91455287030 09/12110 09/12/11 EACH OCCURRENCE $ 1,000,001) X DAM Ae SET (Ea TO-RENTED nce) $ 100,000 CLAIMS -MADE X MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: n Loc PRODUCTS - COMP/OP AGG $ 2,000,000 7 POLICY X ri $ 4A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON•OWNEDAUTOS ' SJZ91455287020 09112110 09/12/11 / J COMBINED SINGLE LIMIT (Ea accident) $ 1,QOO,OOQ X BODILY INJURY (Per person) $ / BODILY INJURY (PeraocitleM) $ X PROPERTY DAMAGE (Per accident) $ X $ $ B X UMBRELLA LIAB EXCESS LIAB X f OCCUR r CLAIMS -MADE BE037714129 09/12110 09112111 / EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 1 S,000,OQO / $ DEDUCTIBLE RETENTION $ 10,000 X $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS / Y! N N 1 A CJZ91455287010 09/12110 09112111 X TORY LEMITS ER E.L. EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,OOd below EL DISEASE - POLICY LIMIT $ 1,000,000 C Builders Risk CMP563934502 09/12110 09112111 Location Occurrenc 5,000,000 10,000,000 DESCRIP 1ON OF OPERATIONS! LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Project# E11002 Broadmoor Senior Center Walking Trail & Parking Lot / Improvements. See attached addendum for additional policy provisions (WOSIAII3ODNOC). 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 (2009109) ©1988 -2009 ACORD CORPORATION. Ali rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CICC -CO INSURED'S NAME Barcom Commercial, Inc. BARCOCI OP ID: TERE PAGE 2 DATE 02116/11 Additional Insured as required by written insured contract in favor of the Certificate Holder applicable to General Liability & Automobile Liability. Wailer of Subroaattion as squired by written insured contract in favor of the Certificate mIder applicable to workers Compensation, General Liability & Auto Liability Policies. Builders Risk policy includes Windstorm covers e. Loss Payable Clause in favor of the Certificate Holder applicable to the Uuilders Risk. The Work Comp, General Liability, Auto & Umbrella policies include an fur'n furnished a ttpr vi i. q that 30 days notice of cancellation will be rb cats Holder. 1 Insured: Barton Commercial, Inc. Best Available Image 171201 tltip9.y300062 Policy Number Tar -^91- 455287 -030 / Issued by WAUSAU UNDERWRITERS INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rr CAREFULLY. LIBERTY DireclSotutforis for Contractors This endorscmeot mudifie& ir►5uranne provided under the: following: /COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance by broadening the insurance provided by CG 00 01. Index e(nsodllied Reims: Item 1. REASONABLE FORCE seem 2. NON-OWNED WATERCRAFT EXTENSION Rem 3. ALIENATED PREMISES Rem 4. PROPERTY IN YOUR CARE, CUSTODY OR CONTROL Rea. 5. DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE Itch a. BODILY INJURY TO CO- EMPLOYEES ham T. HEALTH CARE PROFESSIONALS AS INSUREDS hens S NEWLY FORMED OR ACQUIRED ENIMEB Item P BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION - MANAGERS OR LESSOp Olr PREMISES Items IIf.EXpANDgD BLANKET ADDrIIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) Ran ILBLANKET ADDITIONAL INSURED Ni) A WAIVER OP SUBROGATION - PERSON OR ORGANIZATION here 12.ADDITIONAL INSURED - ARCHIT£CI9, ENGINEERS OR SURVEYORS Henn 13. ADDITIONAL INSURED - STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Item U. ADDITIONAL INSURED AND WAIVER OF SUBROGATION - LESSOR OF LEASED EQUIPMENT Item 1.5. KNOWLEDGE OF OCCURRENCE Rem 16. UNThTEN'ITONAL ERRORS AND °m um Item 17. BODILY INJURY REDEFINITION Item IL MOBILE EQUIPMENT REDEFINITION Item 19.BUPVLEMENTARY PAYMENTS Ite{.211. LIBERALIZATION These des bin den the policy sections described Elden differing language is separste1y adorned to the coverase Item I. REASONABLE FORCE Exclusion a. of Coverage A is replaced by the follpvrieg: n. Expected or Intended Injury Todily injury' or "property damage" expected ar intended from the standpoint Edda insured. This exclusion does not apply to "bodily injury or 'property damage" resulting from the use of reasonable force to protect persons or property LO 31 ISO 09 07 Page 1 See nett page S1e%t Available Image 2 71201000977300063 Item 2. NON•OWl4EI) WATERCRAFT EXTENSION Subparagraph g.(2) of Exclusion g. of Coae:ago A (Section I - Coverages) is replaced by the following: (2) A watercraft you do not own that is: (n) Less than 55 feet Tong; and (b) Not being used for public traesportatiou or as a cormuuon carrier. Item 3. A LUENATED PREMISES 1. Subparagraph j.(2) of Exclusions of Section I - Coverages - Bodily Injury And Property Damage Liability is replaced by the following: (2) Premises you sell, give away, or abandon, if the "property damage' arises out of any part of those premises, and occurs from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Item 4. PROPERTY IN YOUR CARE, CUSTODY OR CONTROL 1. Subparagraphs (3) and (4) of Exclusion j. of Coverage A. do not apply except to: (a) Borrowed equipment; or (b) "Property damage' to property in your care, custody and control,while in transit_ This insurance does not apply to any portion of a loss-for which the insured has available any other valid and collectible insurance, whether primary, creme, contingent, or on any other basis, unless such other insurance was specifically purchased by the ;assured 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: $10,000 Each Occurrence Limit S25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a resull of any one 'occurrence regardless of the number of persons or organizations who sustain damage because of that "occurrence." The Aggregate Limit is the most we will pay for the sum of all occurrences covered by this provision. Item 5. DAII ACE TO PREMISES RENTED TO Y011 - EXPANDED COVERAGE A. Fire, Lightning Or Explosion Damage The last paragraph of 2. Exclusions uadcr Section I - Coverage A is replaced by the following: LG31800907 Page 2 See next page Peat Available image :71201000977300064 L'•.rdusioas c. through n. do not apply to damage to premises rented to you or temporarily occupied by yon vritb permission of the owner when the damage is caused by fire, lightning, or explosion or subsequent damage resulting from such furs, lightning or explosion, including water damage. A separate limit of insurance applies to this coverage as described in Section 111 - Limits of Insurance. B. Limns for Damage to Premises Rented to You Paragraph 6. of Section III - I_imiis of Insurance is replaced by the following: Subject to S. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A fc any combination of (a) Damage caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or ache owner; ding water damage to promises rented to you, or temporarily occupied by you with permission (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 lien i. BODILY INJURY TO CO- EMPLOYEES I. Subject to the Each Occur w cc Limit and the General Aggregate Limit, Paragraphs 2a.(I)(a), (b) mad (c) of Section 11- Who h an Insured do not apply to your supervisory or management 'employees' for 'bodily injasy' only. 2. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.s.(1 )(a), (b) attd (c) of Section 11- Who Is an Insured do not apply to your "employees or "volunteer workers' for 'bodily injury' arising out of a Good Samaritan art to a co--employee ar co- Volunteer worker" A Good Samaritan act means an attempt to rvacue or aid a person in 'Manumit or serious peril, provided tkc 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 co- "employee" or'volunteer worker' tinder 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 are engaged in the occupation or business of providing or offering medical, surgical, dm al,x -ray or causing services, treaemcot, advice or instruction; or (ii) The 'employee' has any other i*_r'<urance that would also cover claim arising wider this pr aiaa, wbctl r the other insurance is primary, excess, contingent or on any other basis. Item B. NEWLY FORMED OR ACQUIRED ENTITIES S Paragraph 3. of Section 11 - Who Is An [Toured is replaced by the following: 3. Any organization, other than z joint venture, you newly sequin Or form and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only emit: LG 318009 07 Page 3 See .'rc>Q page: Belt Availabir Limp 2.77201000977300065 'rhe 180th day after you acquire or fora] the organization', or IL Separate coverage is purchased for the organization; or iii. Thc cad of the policy period, whichever is earlier. b. Coverage A does not apply to 'bodily injury or "property damage" that occurred before you acquir ed or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" noising ow of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any part partnership, current or past join' venture or past limited liability company that is not shown as a Named Insured in the Declarations. Hem 9, BLANKET ADDITIONAL INSURED AND WAIVER tat SUBROGATION - MANAGERS OR LESSORS OE PREMISES A. Svc:on I! - Who Is Ao Insured is amended to include as ao insured any manager or icssor of premises leased by you in winuil the written lease. apyr. =Irma eh!ige yen to Fre-curt additional insured cover age, provided that: Tht "blkEiY *eretx.rtv &mane or -cersoaal and aava,...1;cirg. Tift Ezt.Hity 0::::-.a7zZicrz, th-c. .s---xec.:Tasst; arid 2. The ivritten azreenusat is u effect at the time of tie 'brulity rnnrP htg cl..- c:,-Acraw.-. iserf.r.. fir 0—r-nin-2ti.t....t a insoreti. The coverzse afrioiLiled to the additiottal iftstimd is limited to liability it: cr..-.raccluaa with the ovragaShip, maintenance or me Qt hrt p.anais leascd tQ ?Pk! ad canted who:it or in part, by some nastigeist acts or omissions of you your oMp1oyees. your egonts, or subrwairactors: Tkre 14, cr.,..14:7-age for th e additio—ual ared for °bodily inio_ry.; "property damage or "personal aud admaising iajarr arising oat tif the soit acgicnc flb m a,dditionai 'inured or by those acting on behalf.of the tdditiona imsomd, eix...74 as provided below. if the written agreement to indemnify air additional insured requires that you indemnify the additional insured for its soio negligence, the the coverage for the additional insured shall conform to that agreement; provided., howavw, that the contractuai indeninmion language of the agreement is redid under the law of the- nate wbtre the agreement wa forrood. If the written iegrucmteti. provides that n particular state's law wilt apply, them- such previzeop. 1," be. honored- itelpiymE Cif oartil For any additional inured_ that obtai.mt imfured status on th---zagb Pranga ph A. above, we wait.% aoy right of recovery= triay have boriii-o- the additional inaired 1.fu-....cen= paymerea vat make far I.'ioday "property damage' or 'personal au el 7Adryrkiiirti injury' to *bid ths iragrunlrace, appiiet. C. 44.citviiorta. 143 31 SO 09 07 Pngle SZ.C. Best Available image 7.7120100097731)0066 t, Any 'occurrence' that takes place after you cease to be a tenant in that premises. 2. Any consiruction, renovation, demolition or installation operations performed by or on behalf of thc additional insured. 3. Amy premises [or which coverage is excluded by enderserneut. 0. Other insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agfCCIT/Cni, but in no event exceeds either the scope of coverage or the &nits of insurance available contain this policy. This insurance shall be excess over any other insurance available to the additional inane& whether such insurance is on an CICCCU, contingent or primary basis, unless you are obligated ender a written agreement to provide insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. ;hc, e;et.T,t that the additional ift.sined lies the right le parson Any (Aber insurance carrier for covetagc, including a defense, %yt shall share that right With the addition& irmire4 kttn 1g, fOLTAt11) BLANKET iNSUREu AND WAIVER OF SUBROGATION (FOR Irit--;TALLArgoN ExPosuRes) A. SI Wk LA amP.....-1 5.:..-11;nia gay pzi.cro. . zit= wkcv,-1 yoa gr,7, oblipted 1..,y writt.cii awczi-a.ant (cT p.40eare atAtienal instmd evyetagt, pmr:Acit that - ergl: tainy'r ii.a.r7-tlit), Czar.„ 51111;blyillen C."401:Utien (14 the tviitten ragrzentr...nt; aad 2- Th':' tbz of Lite inja_alf 'Aid? Cr.WWZge sotsgt...1. That 14:.t.n..zi or orgaziz..• .Ption shall be referred to as additional jj Thc rkoiltd t.1.7 the= 7..1•4 !kir-lit:4 [V? liability caaszil, whoie or in part, by tile negligent 2ct'. raf YOv, ,y(:nv agarti4 or ph:: tile Iscdoim.71nce. u& yi-igss DilgEeing ap-"Zra6.017...e- This inset-ration 4loes eot aopty to "bcdlly irkiare 'Tzor-f-rty fhlunazA' put ci °Your work' included in (Ile 'Prodtto-c-ctst. yttted o,nrat;ort. yuu roi.-piale: igLFArk. such coverage ft)r the additional insured the vvritte...e .24Y.,rettmen anti thrg,-: .sr4 thr, rcquii-cd by eon written art ad only for liability caed, ir. Will46 ir La pest, by th r o your empicry/zEts, yam- agents, or was subcontractors. 114-7E: ;3 AO cowzage for tbc. additional inured fo bxii perly dam/tee to 'personal and adwalisiNg ai4reg, ota of the sai5 nuatisit= a the additional insurcd or by those raing on behalf or Ekt 2:atp).T,33. era.-tr. t-415W, Li..; 1.:1V Ca7 Pc 5 t'}4aa ary11iilEi;gr. iniAr 171201 0410973300067 if tit written :iyrCernem iii Induvivify iu additional insured requires that.yoii indents-ray the additional Insured for its sok: negligence, then the covwsge for the. additional irisaaiol shall Conform to that agreement; provided, hOWCYrr, ii,ai the comractuai ersderrntif: ;icn language Or the agr ecnicltf is valid under the law of the state where the a r enF a�5 formed. _ the written aoec::e:i Fae.isl:x twat ;a particular state's taw vriii apply D:ovisioa writ be honored. PP .: then srech .v, i ;:i;wa i n .}iYi ;ir,3g -i iCM• For ;iffy :a.lditioiiat insured that obtains il..ortgl U ie pticy through Par;igrapir ii. above, we waive a uy right of recovery we may have against the additional insured bcca.az of payment; We make fur "boaiily-r injury -% 'proptrty damage' or "personal aiiad advertising injury" to wili4:ii IS insnreoce able,. C. Exclusions cht: ins!r°nce afforded to these additional insureds, the following additional exclusions apply: This inst ranee dues not apply I, 'io ~-70didy d=r'= . °° ' ; » : 2n-=1 ' ° ties i4ii srC ee render, any professional architectural, engineering ur surveying services, incladiseg: The =ry ^y N=7 :re at ,r,V,T_ is � sacra surveys, Hedu ritem, change orders or drttWieg said specit'acatioas; or Yes b. Supervisory, inspection, architectural or engineering activities. 2. To "bodily injury° or 'property riern ege° that ::c ns dt:isg:he. ongoing operations of a project where you have porchascd as Owners &t. Contrasto.rs wr Liability or Rail: nod ra 1. Cii� . � _.._,,...y ... .r....,u.a . rucui'rE Liability Policy for the addsiunai insured. 3- Wren coverage is available under a consolidated (wrap rap) irlstaraace program in which your are involved. D. Other Insurance i"aae insurance provided by this endorsement applies dray tocoverages aid ii ails of insurance required by mitten aweemeus, hilt is se event exceeds either the scope of coverage or the lit—.•I:s of insurance available within Olds policy_ This insurance shall be excess over any other irr;tL:ai ce available tv the addiiioeal imared, whether tech irtsurancar is us an excess, motingeot or primary basis, urniese you are obligated 'indent a wanes agrrerapri its provide liability insurance for that addit €mil insured on any I.FLher basis. k that a bat, this ti hey will apply solely i,r yi e basis required by such written agreement. Tv t;:� ::.v.' a::aai _f_' a=3 t=ree r-A! a-: i`ed has i=ce r o_rd a Ae!ense , we shall share that right with the additional insured. ni�airt l e: r-'iAls Z,T ?..tom FELCiCL'L AL, EMU nk. E: ANe? z 3'i, A v Or SUBROGATION rt. `Y,itx"f7i0 ="aFvi - PERSON Ld$ OFIt- :AiIr.ZRTiQiL A. section si - Who. is Au Insured i4 ai;iRrrri44 sn inr_Sy,e_ 3S an. additional ,a i � » • u5 insured any person or organization to 1.41,ore you are oblkated uy a written agreement an levers additional :mitred coverage, bin oil �•t - , } with respe €c* liability �' 'bodily injury, °TJperty ita :hue or "personal and :wive hiring r tjTay- caused, is whole or in part, par , y , u by-J vir kgit a?r C%",•?4;Sf{efltg or the adz ur L7.q;'...Ta!:iTis of fltose ncfeii:'k^ i+i3 your behalf: 31 F.409 Page .} See ae,4 page -. IL : G _ C_ U4'CiV1A ma111 \3; o8 iii; C.aguiag ?fJ°.Y :lleJ3zi Or 2. in coansaion with premises owned by you provided that: , ,-., __ .,._•see;^ a_i ..°. °:;'.r,7-.:, .ai:O:WC. OF 'r-a, LJ:vci xn.[i s . - ,.. - Wiz. ..___ ._. ce s(ilxSowue xrf to the crecutiea niche agreement; and __. (1)) T17e written ;`{ :± . ',it GN i.ms aa` T '. ii : -. -. or "advertising iniary" for which coverage is sought. t3 That person or organization shaft referred so as the additional irrsttred. There is fin coverage. for the additional ie. --.. for 'bodily injury'', "property damage' or lj[S'SFlna! and ad trtisii.'z in'i.`ti'_r" wising our. if flue lote negligence of tins additional iauiiicd Or it thCac :going on b ba f of the additional insured, except as utlirridEd tatiew. If the written agreement to indemnify an additional irnsiired (eguirPe that yarni indemnify the additional irGared for its soh negligence, thee[ the c€ ve,'ra for tfh additional i.iisiaied shall Danforth to that agreement; however, that the contractual ual indemnification laaguage. of the agreement is valid under the law tit' dw itai, *,,1,c... the agreement was forded. if the wriir.un agreement previd= that a pa tic.aer state's law will apply, then wg,ch prevision will be honored. B. Waiver Of SukogutItio Per any additional instil-et! that obtains irsu.red status on this poheri tihroiaita Paragraph A. also4e, we waive any right of reco "�r we may have gair�# E_n s a_ Yti _ al inettrew be µ ye payments T- woke for "bodily Nosy-, `ir Etj damage or 'Pr oaaal and a[ vertiainE iii3iirVa`in which flits i!',enrance applies. C, i ,xchrsinrJs This ins rarw does apex apply to 1. Any premises or egnipnrent leased to you. 2. : ::- :e;e.; - __— N..U. ,- :p-:. sur.s .r.k. v Of you, OF operating on your behalf. eflC�« D. Other Insinuate The lr?tpiiran ce preluded by this endorsement applies only is: �CFSges nlL or tE41'aitoe re-ql1StQ ^}+ written agrmment, but in Tuu event ekititetle either the see of ce .eiage or the limits of insurance available �n ?ti!till._ lR FfJfdLw• This insurance shalt be excess over any other insurance available to the additional insured, !tether S h i:;:ai; is out an excess, contingent or � primary bast S. ti.lw5 you a�� obligated under f written ageerpnt to im.M: liability insurance for that additional irze a :d VI any her basis. In that ew.ot, tttii policy will apply s iely r,.. the ba required by such written agreement. , ... the '_ '- _:k -. -; .:;u%i 2 :rte, ^_ = =s _'_ - ti._e: k_ . :_.sbcr i ri :s r: defense, we shelf share that right t• the additional insured LC32 ?rQVt(T Fags 7 See deft page Beqr Availubis 2.7)2011)00977,3000459 itorn 12. ADDMONAL INSURED -.ARCIPIRECTS, EINCENEERS (.nit. SURVEYORS A- Section U - Who is Ah iti5hreti is ve-ionrivl to include os an additional iraured any arehirect, engineer, 0,- tr..,Sagr.ht by you but only with feSpe,ct to liaby for -bodily inioiry "property de' cr 'poi:rano! and advertiSirkg injury caused, in w-hole or ih part, hy your acts aiiiissiouc or (11k, Acts or ontissiens on your behalf: 1. ii COMIC-et:Oh wiitu your pretriiikt;S; 2. in the performance of your ongoing oixtrations. t raspact to the iriSirgoice• aironied addiiieftai insitrovis, the following id:mei exclinion 4:n1ot-the renderitie of or ibc faiinve to render art? profinitai services by or for yr.:, iridoding: The preparing, approving, or failing so prepare ap. provn, p, shop drawings, opinions, re pot la, surveys, liol4 orders; chang e. erdem or drawinp and specilicatioin; Supervisory; inspection, architect-alai or engineering adivities. Item 1.1..ADDITiONAL NSURY. Lk - STATE, MUNICIPAUTY OR POLFIIICAL SUBDIVIS;ON - PFR NUTS Section U - Who is AB insured is antetaded to incindc as I D. ?At% 01.6& megred a.r.y mite, ntanicipaldy or political suW.Msicn with resped tO any uperatia= perforabcd try you, or on yonr behalf, for which the Et.?..P:, nionicipokry political subdivision has issued a perrnit. However, this insuranc r. dons r.ot apply to: daila:20" arising. nut at. f-„„a the state, oromiLipaiitry or piiici subilivisloa; or -pvagtrr-i iv(loirsd by written contrad or agetizen t. initiated prim. to loss; or injuly7 it parc, by you or those acting on your behalf. Item A 0.1:14.—CiZ.INA ill-4514tErs A ND 7r7:44.i'vITS R. OF StiffROGATION - LESSOR OF LEASED EQUIPmENT Sec i - Who k AA losurEd affierakd to ierinde ars Niiiitiottni insurer'. any rt-ram- organizatIca., &Qin whorn von lease etiiiiontent when vou awl such per rpgi?.mion written L.g..,",,czt that sac: pcgson orvaination adder:: as an acidaionai isnsured an your polity 54.th person nr (ATV with rnEpuci giamaao' "-:.oErLovkAi ;79oli 44%421 g fin jut. sr at =4i whoits ur part, by your mainlerriantf, i:rr.--reiliora tz,- nerrzirir.im ir.--ascri to you sg..4 orglatutitic. TEttrtL fi.Fr LE4a az.diti=q==.4 irw'red Fur -przl-perfl Eyr 7.41:d 2'eiLir;g:yut of ii-eurer; or by acting i.~.11 b-thalf ftiE ir..7;11,rcd. yz.:11-FT1.7 T.1-1Jrzh zcniT.irnr_al Ste r=1" F117.4.c, Viiroh,et f„:4".5.:v.refaatiert i'or any additional insured ihiit ;;;;Ifztz ern pniiry zhFnziEt af rexiwtry 11,m :May have against add.ifi.:_141.741;7ter...d 1:;;."-_ca= Clf PnV12%;..--Mr..5 *A-Cp-'7ty dainaige ur "porsocai and advertising injury" (74 I*1!..11, ■,,r! ar!, hyy 11p-72ra-1-ion LW- asr.a ef zquirfaiew. 4.1 you by s Udi PE7,15013 or nirgani2aiitin. C.:. insualice This irearrance shIJ be c.xress nvcr any i"""'aer- 444=6,41,4 it7A?===.Pri, Og an exerm, contineear or priiriary hasic 'Enke' aiizLy insurance for that additional insured an any nor, bnci. tra-SiS Xcquirai by such written olEreculeut r-xtt,'-'7, rly.q..E En 7e.•:!!!, t—Ly = .1.7z7 defew, share that riaht with thz - new 15. 1C1`101N.11:ri,CF, nr rift` r Tarr te,lirsz arid the felleseiriv: -mitrroa.-is 4-"-m•1 frArs to: rIn a▪ ir/ oilier "cluifilcoPee Wiih insnrancc or risk rannettement 11.9r. 16. LriV.V.41TENr11111.4..1., :43; grtrae Aram: ci-Sr.umr. v Luiniit, C.oniiiitnirg .th add the fetieethilS: AnY taillteakmai error Or nrn.iti, iu the ilese_ritritra ingcndcd o b‹..; covered by this nnacy ifl ni er .Gers cal-crag= fur th=7. ▪ mu.5i. report such error ur omission to es as soon as prtfOicablc. afeer di:waver,- Tir;= yit.wifasE grat-,zciaz rirga:L. -a.cancellaaciraisr relic:v.71 .1tetz 17. ECILIT1.1' 1NW' ininry- eiccttoo v - iuoe sociion is rrIplair,cci by Ihe Bodily injury' nicao‘ el-1—w or -diaeztr- IzaztA:nrP2. a 7-7-!, !.! egAth .;14' TriaCTita-t whirl re.salis at any time from wen physical phatica! sietrne.:13 :41;7 (ypc rn cir ertiotionai ;I 'bless aff Vier!: 11. VI"BILE E.0.!_nrillgl'IT RV. nrrlDrrInNT •E Z.: - vahirle wehL !tem 1.9.L...S1.1°110LEMEN'Tt..2' Vr..474N-7:2 - . L'M fl!E,2 ZraCi. retiP76,...aaViriy, real-aced _ LG 31 SG 00. Btu Aratishio 7712111 m .12,5W fur hoe& E.Ptkkiiad 17:.-,L=";;c t» Vtia IOC til Whieti Me Bodily injury 1-iubility Cow,rame aeurres Wc. to rint Lert?.F Etrriish zi. Aj reazzorabk :lie:1171;1d by thr,' at 4.Pe trt 12'. !!--.= ci AM: 14 inCiGgifia 106S of eArilingS CO $5041 a 112.v 1112C:liqt!. tir6.T.- Off fi:r2311 W. k_ 'nein Zu, BERILLIZATION :r - uctIciai Loabt i P me mie !.n add Ilte if w1 adopt a amp in crz forms or net wr would 1-irro r2122' iqwt zhatg,c, broader coverage will apply to this policy. This ex:ermine. eliectivA :a your stale. • 13.■. 11.J. Last ;:-1.1,c,t Insured: Barcom Commercial, Inc. v� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 'DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 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 organization(s) who are "insureds" under the Who Is An insured Provi- sion of the Coverage Form_ This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Refer to Doianated Insured Schedule. Name of Person(s) or Organizatlon(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 fl of the Coverage Form. Policy No: AS3 -291- 455287- 020 Effective Date: 09/12/2010 Expiration Date: 09/12/2011 Sales Office: 0949 CA 20480299 Issued By: Wausau Underwriters Insurance Company / Copyright, Insurance Services Office, Inc., 1 998 Page 1 of 1 Insured: Barcom Commercial, Inc. Policy# TBJZ91455287030 vi Rea[ .Avail] Me Imager 271201000977300048 Tins l ?.NDOR EMEN7'CIIANGI:S MR POLICY. PLEASE READ IT CAREFULLY. Texas Changes - Amendment of Cancellation Provisions or Coverage Change This endorscmem mudiAes insurance onwided under Ills FotIowing: /CO/vIMERCIAL GENERAL I..IABIIITYCOVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION UABIUTY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTSiCOb1PLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE uAa1I.rry COVERAGE PART In the event. of cancellaiion or ructrr ? GIrtn22e, Hutt. rtlicce3 cr nz ct '. to mall prior wl r notice of c �•- wr..sa..i.ii �C EL"tis ii��l 4j1' yfY i.lfYC�'d Parr, F cancellation or material change In; - � - - I'"� ti i PROS i` PIA TA LTD Se a +lam I Address { :.520 W CALT0iif IAREDO TX 78041 rxA. i.IZICAi':. RUC-VP-Tr' pE t°1` cAi Nzunber. cf DAR Alin-TICS Z`l ak& 1300 1. CORPUS CHRISTI TX L53.9 X CARAECAHUA. ST 11214 FL ICORPUg! CO TSTI. TX # Po BOX 5906 1 : 11.7, CORPUS Cl" aI..5.'`i r Tx 7846,4 CO t - — SE ILL��ri'._ 7S1 ST r1 J'taL Sry L..° ZC `Z ..i'4'�. __4. ,.. I_'.• { 1 SOU ET- ,+ E .1:.3°,-. 76092 . BI9 p MKS 0g.4 a uT- 'D-- Ai ms r, i i zo—y t±X A 5,±..lrr--sf_I,.S C.:F_,.. OF c..wlItTGA '� =.1 s GE M sr=s.':Fi E 3 sM . ," r. el ! 41 CC "M�� 7C2 .�tw cT I 30 3 3 t) 1:zrn q0,5 ` -a .4 k=441, i STA.° `k_ W icY ICis ( ;AA . T A SUPPLIER CONTRACT I g�ti.� E NC=R251 e 1 +- y F iI- Insured: Barcom Commercial, Inc. Pollcy# 7111291455287030 V Reat Available temp 171 2010009773000-111 THIS ENDORSE/WENT CHANGES T1IR POLICY. PLEASE READ PT CAREFULLY. Texas Changes - Amendment of Cancellation Provisions or Coverage Change Chia endorsement modifies insurance provided nridertite fa/lowing: COMMERCIAL GENERAL 1.JABIIJTY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE IIARUUTY COVERAGE PART POLLUTION LIABIUJ'Y COVERAGE PART PRODUCT WITHDRAWALCOVFRAGE PART PRODUCTS/COMPLETED OPERATIONS IJABII.JTY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART Ir tlae• evens ofc riellati- n or emmeriai clianve that i e Nls .- wt-trizt- - _ -� — ;susis�iaiv tz:lv:Giiay YY iliis +v.liVlE ?aszlF Fad yvn 2*, to mail prior minim notice of cancellation or material clasrate rte: ilifarac 1 CEP r ` { A 7 FROST 7.1-.4AZA F'S Sehedsle I Address Advance Notice ",. ._ ' Zc 2 £I T CAL.TON .R_ O iii. 7 u F1 3 1302 Z CFt�� A l 30 _1 1 CORPUS CHRISTI Ti- •fB ,o .'� L; t e F� %a F,_X.; S: TC� Vic: ": ; s��' i.�.itiE. 3 . 1 E G1`x ti;- -E 1_;,r .r 'RPrtPzTT N 1 1Lad FL a ' I t ' i , SE PILL '.',SO BOX 59C,- ORPUs CE .:S`s ` TX 124C0 N ___— ' ear —"'.'" MLLE "`.X 7S3-02 i BfiS RFrAJ.. so : ,n-xo s iZ`nas !.�& '14;09 " ....__` `i I-F- ,, .E.. dew ::' w arse€; ` a € m r. °: fr7 e.'ms. - i -Ti R E -i.. -'F; r = t, soy, t 4, i.- vt.8 C.2_:::11 RA CO3?F v S cHRI W'•`,F"i .!k 30 C` USE, 0 a 60,1:1-13:01,10 i r.ii i�.: �...%.6ii?t �•v�.,: ;.b1=v..E:. f"a>M- wuiy'a IC-gE:0 u • ICORPUS CffRISTI TX -7a417, I 7E7- 1 EDIHEURG ...X IRON: -01L —f mt.? Fc01A.11-_Vi TT. - RS-743„,i, SERVICES IN C :2; w TA Y1diE_F Win. 141:-TV ROA ML."sP.r%LI `«4''i CONTRACT 1 c...w.L e._r.- vim.. C» a 2 •_ ALI s Cci f. 2 as 1205t 4s r. P3i, f J Best Arai laWe Image 271201 000 97nWV49 CB RICHARD ELLIS INC . 802 N CAR.ANCAHUA STE 510 30 AND CC FROST PROPERTIES LTD CORPUS CHRISTI TX 78470 CB RICHARD ELLIS INC 800 N SHORELINE BLVD 30 & ONE SHORELINE PROPERTIES 4100 N LLP CORPUS CHRISTI TX 78401 CORPUS CHRISTI RETAIL 1600 W 7 ST STE 400 30 VENTURES LP 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 PO 80X 9277 30 CORPUS CHRISTI TX 78469- 9277 CHRISTUS SPOHN SHORELINE HOSPITAL CHRISTUS SPOHN H2ALTHCARE SYSTEM CHRISTUS SPOHN MEMORIAL MEDICAL CENTER CITY OF CORPUS CHRISTI ATTN: SOLID WASTE CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SVCS ATTN: CONTRACT ADMINISTRATION CORPUS CHRISTI INDEPENDENT PO BOX 110 SCHOOL DISTRICT CORPUS CHRISTI TX 78403 OFFICE OF FACILITIES & OF COSCI - CALPINE OPERATING SERVICES COMPANY INC CORPUS CHRISTI PROPERTIES 30 3952 BUDDY LAWRENCE DR 30 CORPUS CHRISTI TX 78407 3817 S ALAMEDA STE F3 30 CORPUS CHRISTI TX 78411 CORPUS CHRISTI INDEPENDENT 801 LEOPARD 30 SCHOOL DISTRICT CORPUS CHRISTI TX 78403 CITY OF CORPUS CHRISTI 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 5 STAPLES STE 319 30 CORPUS CHRISTI TX 78411 DEL MAR. COLLEGE DISTRICT 101 BALDWIN .BLVD 30 EAST CAMPUS CORPUS CHRISTI TX 78404 DEL MAR COLLEGE DEL MAR COLLEGE IT'S REGENTS AND EMPLOYEES ED HICKS IMPORTS LTD LIMITED PARTNERSHIP FLINT HILLS RESOURCES LP FLINT HILLS RESOURCES LP GRAMERCY CAPITAL CORP C/0 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 PO BOX 2608 30 CORPUS CHRISTI TX 78403 PO BOX 2972 WICHITA ES 67201 9900 BREN RD E MINNETONKA MN 55343 30 30 CG 02 0312 04 12-04 Pagt2of4 Reg Avuihibke Muter 'GRIFFIN PARTNERS 555 N CARANCAHUA S'F'r: 22 0 _ATTN: DENISE LOPEZ CORPUS CHRISTI TX 78478 JACO & MCC JOINT VENTURE LLP 5990 GREENWOOD PLZ BLVD STE 205 GREEW, 0D VILLAGE CO 80111 LAREDO INDEPENDENT SCHOOL 1702 HOUSTON ST DISTRICT LAVERNIA INDEPENDENT SCHOOL DISTRICT LINCOLN HARRIS CSG LINCOLN PROPERTY COMPANY NALEIC INC LAREDO TX 7804Q 13600 US HWY 87 W LAVERNIA TX 78121 171207 6009773011050 30 30 30 3301 5 ALAMEDA STE 303 CORPUS CHRISTI TX 78411 30 ATTN: DAWN SCHETZSLE NAVY ARMY FEDERAL CREDIT UNION NAT REOC PARTNERS PO BOX 679 ;CORPUS CHRISTI TX 78403 PO BOX 81349 CORPUS CHRISTI TX 78468- 1349 802 N CARANCAHUA #510 CORPUS CHRISTI TX 78410 NUECES COUNTY HOSPITAL 555 N CARANCAHUA STE 950 30 DISTRICT _ CORPUS CHRISTI TX 78478 NUECES COUNTY 901 LEOPARD ST 30 CORPUS CHRISTI TX 78401 OLD LIPAN LTD 615 5 UPPER BROADWAY 30 CORPUS CHRISTI TX 78401 30 30 30 PHARR -SAN JUAN -ALAMO INDEPENDENT SCHOOL DISTRICT PHARR -SAN JUAN ALAMO INDEPENDENT SCHOOL DISTRICT RABALAIS I & E CONSTRUCTORS LTD ATTN: KATHY RICHARD RETAIL HANDYMAN 601 E KELLEY PHHARR TX 78577 800 S STEWARD RD SAN JUAN TX 78589 30 30 PO BOX 10366 CORPUS CHRISTI TX 78460 30 PO BOX 87977 CAROL STREAM IL 60188 RETAIL MAINTENANCE 1 MEMORIAL DR 30 SPECIALISTS LLC WATETOWN NJ 08758 SOUTHERN AMERICAN INSURANCE 8203 WILLOW PL S #500 30 ATTN: AL MCCLURE HOUSTON TX 77070 TEXAS DEPT OF TRANSPORTATION 200 E RIVERSIDE DR CST - CONTRACT PROCESSING AUSTIN TX 78704 UNIT TEXAS GENERL LAND OFFICE AND TEXAS VETERANS LAND BOARD CONSTRUCTION SERVICES TEX -LAN COMPANY 30 TRAVELERS PROPERTY CASUALTY ATTN: RICHARD SAUCER CITY OF CORPUS CHRISTI 30 1700 N CONGRESS AVE 30 STE 700 AUSTIN TX 75701 2402 BROADMOOR 30 BLDG D -11 STE 201 ,BRYAN TX 77802 4650 WESTWAY PARK BLVD 30 HOUSTON TX 77041 PO BOX 9277 30 (CORPUS CHRISTI TX 78469- C0 02 05 12 04 12-04 Page 3 of 4 BC M 110 bk111300 271I01000977300051 CU 02 05 12 04 12-04 Page 4 of4 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 CU 02 05 12 04 12-04 Page 4 of4 Insured: Barcom Commercial, Inc. .d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Liberty EXPRESS" Auto Enhancement Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM L Newly Acquired or Formed Organizations II. Employees as Insureds Ill. 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 - Sink Deductible XII. Physical Damage Deductible - Glass XIIL Physical Damage Deductible - Vehick Tracking System XIV. Duties in Event of Accident, Claim, Suit or Lass XV. Unintentional Failure to Disclose Hazards XVL Worldwide Liability Coverage - Hired and Nonowned Autos XVII. Hired Auto Physical Damage XVIII. Auto Medical Payments Coverage Increased Limits XIX. Drive Other Car Coverage - Broadened Coverage for Designated Individuab XX. Rental Reimbursement Coverage XXL Notice of Cancellation or Nonrenewal XXIL 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. 1. Who Is An Insured of SECTION II - LIABILITY COVERAGE is amended to add: AC 84 07 05 09 Copyright 2008 Liberty Mutual. AN rights reserved. Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission, Your "employee" is an insured while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. 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 L 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 front 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 permission, Your "employee" is an insured while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. 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.I., 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 I. We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered "leased auto. 2. The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part 3. If we make any payment to the lessor of a "leased auto," we will obtain his or her tights 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 the 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 84070509 Copyright 2008 Liberty Mutual. All rights reserved. Page 2 of 11 includes copyrighted material of Insurance Services Office, Inc., with its permission. XXIII. LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL 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 IMPLEMEN'I- THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED 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 10 days or Tess; 2. For coverage provided by this Section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: 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. Schedule Premium Liability $150 FC Physical Damage $100 FC Total Premium $250 FLAT CHARGE V. Fellow Employee Schedule of Employees: NOT APPLICABLE XIX. Drive Other Car Name of Individual LIAR MP UM UIM COMP COLL DAVID & ELAINE HOFFMAN X X X X X X XXL Notice of Cancellation or Nonrrnewal Name and Address SEE ATTACHED SCHEDULE This endorsement does not apply in: CT, FL, MA, NY & VA Policy No: ASJ -Z91- 455287 -020 Effective Date: 09/12/2010 Expiration Date: 09/12/2011 Sales Office: 0949 Number of Days 30 Issued By Wausau Underwriters Insurance Company AC 84 07 05 08 Copyright 2008 Liberty Mutual. All rights reserved. Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Insured: !broom Commercial, Inc. CHANGE IN CANCELLATION CONDITIGNI 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 effoat. If we cancer for any other reason, we will mail or deliver to the parties named in the Schedule below nol 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 tor 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 - Schedule City of Corpus Christi Dept of Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 This endorsement is executed by the Wausau Underwrxtare Insurance Company 18996 Premium $ Effective Data 9112/10 Expiration Date 9112111 For attachment to Policy No, WCJ- 291-45 -45S287- 010 WC 99 05 48 Page 1 of 1 Ed. 1 on 8/2000 Countersigned odred Rapresentathra - End. Serial No. 10 Insured: Barcom Commercial, Inc. TEXAS WAIVER OF OUR RIGHT 10 RECOVER FROM 011-IERS ENDORWMENT 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 will 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 shalt not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. t. 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 2.0 percent of the premium developed on payroll in connection with work performed for the above parson(s) or organizalion(s) arising out of the operations described. 4_ Advance Premium: This endorsement is executed by the Wausau Underwri taro insurance Company Premium S Effective Dale 9112110 Expiration Date 9112111 Por attchmar to Policy No. WC3 - Z91- .155287 - 010 Countersign= by . -. WC420304A Page 1 of 1 Ed_ 112000 18996 Authorized Representative End. Serial Na 6 insured; Barcom Commercial, Inc. CHANGE IN CANCELLATION CONDITION 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 mati or deliver to the parties named in the Schedule below not Tess Than 10 days' advance written notice stating when the cancellation is to talcs effect. 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. Arty 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. Schedule City of Corpus Christi Dept of Engineering Services P.O. Box 9277 Corpus Christi, TX 78469 -9277 This endorsemont i6 executed by the Wausau Underwr it ere Insurertes Company Premium S Effective Date 9112110 Expiration pate 9/12111 For attachment to Policy Aio. WC,7- 841 - 455287.010 WC 99 06 48 Page 1af1 Ed. 10/19/2000 18996 Countersigned by_„,_ _ r !fR AuItj dzed Rapresanleilve End. Serial No. 10 Insured: Barcom Commercial, Inc. POLICY NUMBER: CmP 5639345 02 COMMERCIAL INLAND MARINE 1H 09 22 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 Parable Project No. E0946 CCIA Rehabilitate Terminal Building FAA AIP No. 348-0051 -046 -2070 CITY OF CORPUS CHRISTI DEPT. OF ENGINEERING SVCS ATTN: CONTRACT ADMINISTRATOR P 0 BOX 9277 CORPUS CHRISTI, TX 78469 -9277 4e *Information 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 Toss or damage jointly to you and the Loss Payee, as interest may appear. IN 99 22 04 03 0150 Properties, Inc., 2003 Page 1 of 2 ❑ SCHEDULE* rem. No. Bldg. No. Description Of Property Loss Payable 'information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declara- tions. IH 99 22 04 03 ©ISO Properties, Inc., 2003 Page 2 of 2 0 POLICY NUMBER: CMP563934502 V IL1206 0403 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS POLICY CHANGES Effective Date of Change: 9/12110 Change Endorsement No. Named Insured: Barcom Commercial, Inc. The following item(s): is (are) changed to read (See Additional Page(s)}: THIS ENDORSEMENT MODIFIES INSURANCE UNDER THE COMMERCIAL INLAND MARINE COVERAGE PART. THE FOLLOWING IS ADDED TO THE CANCELLATION COMMON POLICY CONDITION: IF EITHER WE oR THE NAMED INSURED CANCELS THIS POLICY, WE WILL MAIL OR DELIVER THE FOLLOWING ENTITIES WRITTEN NOTICE OF CANCELLATION 30 DAYS BEFORE THE EFFECTIVE DATE OF CANCELLATION The above amendments result In a change in the premium as follows: NO CHANGES U TO BE ADJUSTED ADDmONAL. PREMIUM AT AUDIT RETURN PREMIUM Countersigned By: L 12 06 04 03 (Authorized Agent) ©ISO Properties, Inc., 2002 Page 1 of 2 ❑ Original Insureds Nam Insured's Mailing Address Policy Number Company Effective/Expiration Expiration Date Insureds Legal Status/Business of - x Additional Interested Parties Premium Determination Limits/Exposures x Coverage Forma and Endorsements Covered Property/ Location Description Deductibles _ Rates , ..Classification/Class Codes is (are) changed to read (See Additional Page(s)}: THIS ENDORSEMENT MODIFIES INSURANCE UNDER THE COMMERCIAL INLAND MARINE COVERAGE PART. THE FOLLOWING IS ADDED TO THE CANCELLATION COMMON POLICY CONDITION: IF EITHER WE oR THE NAMED INSURED CANCELS THIS POLICY, WE WILL MAIL OR DELIVER THE FOLLOWING ENTITIES WRITTEN NOTICE OF CANCELLATION 30 DAYS BEFORE THE EFFECTIVE DATE OF CANCELLATION The above amendments result In a change in the premium as follows: NO CHANGES U TO BE ADJUSTED ADDmONAL. PREMIUM AT AUDIT RETURN PREMIUM Countersigned By: L 12 06 04 03 (Authorized Agent) ©ISO Properties, Inc., 2002 Page 1 of 2 ❑ Original POLICY CHARGES 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 Includes the Commnerdal Property Coverage Part, or the Capital Assets Program (Output Policy) Coverage Part with all property scheduled on the Scheduled Location Endorsement OP 14 01, the following ap- plies with reaped to that Coverage Part If Covered Property is removed to a new location that is described on this Policy Change, you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit apples up to 10 days after the effective date of this Policy Change; after that, this insurance does not apply at the previous location. Page 2 of 2 ® ISO Properties, Inc., 2002 11,120804 03 CI original