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HomeMy WebLinkAboutC2011-194 - 4/12/2011 - Approved1 Facility Solutions Group S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R -M S - O F C O N T R A C T S A N D BONDS F O R SELENA AUDITORIUM LIGHTING CONTROL SYSTEMS AND INFRASTRUCTURE FOR AMERICAN BANK CENTER, SMG CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -4100 eery 01 &ow &nate AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -3500 Fax: 361/826 -3501 PREPARED BY Stridde, Callins & Associates, Inc. 342 S. Navigation Blvd. Corpus Christi, Texas 78405 Phone: 361/883 -9199 Fax: 361/883 -9177 PROJECT NO: 4381 'DRAWING NO: PBG 761 2011 -194 M201.1 -085 04/12/11 (Revised 7/5/00) SELENA AUDITORIUM LIGHTING CONTROL SYSTEMS AND INFRASTRUCTURE Project No. 4381 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March. 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services % 13 11r a Accccc and Traffic Control (Not Used) (Not Used) (Not Used) A -16 Disposal /Salvage of Materials A 17 Field Offico (Not Used) A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A 21 Project Signer (Not Used) A-22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds A 25 Sale° Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A- 31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents • _ _- - __ - _ (Not Used) A -36 Other Submittals (Revised 9/18/00) A 37 Amended "Arrangement and Charge for Water Furnished by the City" (Not Used) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Certificate of Occupancy and Final Acceptance (Not Used) A -40 Amendment to Section B -8 -6: Partial Estimates (Not Used) 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 (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress (Not Used) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T TECHNICAL SPECIFICATIONS Division 01 01010 Summary of Work 01015 Construction Phasing and Sequencing 01020 Allowances 01027 Application for Payment 01030 Alternates 01035 Contract Modification Procedures 01040 Coordination 01045 Cutting and Patching 01300 Submittals 01310 Project Management and Coordination 01400 Quality Control 01420 References 01500 Temporary Facilities and Controls 01520 Facility Security Measures 01600 Materials and Equipment 01631 Substitutions 01700 Contract Closeout 01740 Warranties 01782 Operation and Maintenance Data Division 11 11060 Stage Draperies 11061 Theatrical Fixtures and Accessories 11064 Rigging Systems and Controls (Not Used) Division 15 15000 Mechanical and Electrical Specifications (Common Conditions) 15010 Mechanical General Conditions 15020 Starting of HVAC Systems 15030 Mechanical Demolition 15060 Hangers, Supports, and Foundations 15070 Mechanical Sound, Vibration, and Seismic Control 17075 Mechanical Identification 15080 Mechanical Insulation 15180 Heating and Cooling Piping 15765 Dimmer Room Air Conditioning System 15810 Ducts 15820 Duct Accessories 15850 Air Outlets and Inlets 15985 Sequence of Operation 15990 Testing, Adjusting, and Balancing Division 1,6 16000 Electrical Specifications 16100 Emergency Generation and Transfer System 16580 Theatrical Lighting Controls LIST OF DRAWINGS Sheet No. Description 1 T -1 Title Sheet 2 TL -000 Legend, Standards & Notes 3 TL -100 Basement Level Plan 4 TL -101 First Level Plan 5 TL -102 Second Level Plan 6 TL -104 Fourth Level Plan 7 TL -105 Fifth Level Plan 8 TL -106 Sixth Level Plan 9 TL -202 Second Level RCP 10 TL -205 Upper Level RCP 11 TL -301 Longitudinal Section at Centerline 12 TL -500 Control Details 13 TL -501 Control Details (cont.) 14 TL -502 Distribution Details 15 TL -600 Functional Diagram 16. TL -601 Rack Schedules 17 TR -000 Standards & Notes 18 TR -101 . First Level Plan 19 TR -103 Third Level Plan 20 TR -106 Sixth Level Plan 21 TR -301 Longitudinal Section at Centerline 22 TR -401 Typical Lineset Elevation 23 TR -402 Stage Electric Lineset Elevation 24 TR -601 Structure Loading Diagram 25 TR -602 Functional Control Schematic 26 ET -100 Electrical Basement Level Plan 27 ET -101 Electrical First Level Plan 28 ET -102 Electrical Second Level Plan 29 ET -103 Electrical Third Level Plan 30 ET -104 Electrical Fourth Level Plan 31 ET -105 Electrical Fifth Level Plan 32 ET-106 Electrical Sixth Level Plan 32 M -101 HVAC Fourth Level Plan 34 M -102 HVAC Details 35 A -1 Floor Plan, Exterior Elevation, Sections & Detail 36 S1 Structural Wall Panel Opening Details & Notes NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS '--.w NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: SELENA AUDITORIUM LIGHTING CONTROL SYSTEMS AND INFRASTRUCTURE PROJECT NO 4381; The Project includes, but is not limited to, the removal of the existing theatre theatrical lighting and house lighting system and installation of new lighting fixtures, distribution, and associated apparatus. A temporary theatrical lighting system is required and included in the project requirements. Electrical distribution system modifications, new emergency generation / transfer system and a new air - conditioning system for the existing Dimmer Room are also required. Modifications / upgrades to the existing stage rigging systems and stage draperies are required. Additive Alternate Bid No. 1: Furnish and install additional ellipsoidal reflector spotlights. Refer to Section 11061 of these Specifications for fixture requirements. Additive Alternate Bid No. 2: Furnish and install intelligent theatrical lighting fixtures. Refer to Section 11061 of these Specifications for fixture requirements. Additive Alternate Bid No. 3: Furnish and install new counterweight lines. Refer to Division 11 Specifications for requirements. Additive Alternate Bid No. 4: Furnish and install stage draperies. Refer to Section 11060 of these Specifications for requirements. in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, March 9, 2011, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 10:00 a.m. on Tuesday, March 1, 2011, and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of 'laborer,' "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7 /5/00 -J NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation 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 DR RENTED $1,000,000 COMBINED SINGLE LIMIT .WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION, FLOATER See Section B -6 -11 and Supplemental Insurance Requirements X REQUIRED ❑ . NOT REQUIRED Page 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. DFor 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 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B �, .r NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS. Page1of11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building.or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)- -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (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 5of11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) .retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8all T28S110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate' 9- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity_ Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9of11 F. The contractor shall retain all required certificates of coverage for the duration o f 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- 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 if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 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 SELENA AUDITORIUM LIGHTING CONTROL SYSTEMS AND INFRASTRUCTURE PROJECT NO. 4381 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City. Secretary, located on the first floor. of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, March 9, 2011. Proposals mailed should be addressed in the following manner: City of Corpu❑ Christi City Secretary's Office City Sccrctory's Officc City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - SELENA AUDITORIUM LIGHTING CONTROL SYSTEMS AND INFRASTRUCTURE PROJECT NO. 4381 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non - responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Tuesday, March 1, 2011, beginning at 10:00 a.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project SELENA AUDITORIUM LIGHTING CONTROL SYSTEMS AND INFRASTRUCTURE PROJECT NO. 4381; The Project includes, but is not limited to, the removal of the existing theatre theatrical lighting and house lighting system and installation of new lighting fixtures, distribution, and associated apparatus. A temporary theatrical lighting system is required and included in the project requirements. Electrical distribution system modifications, new emergency generation / transfer system and a new air - conditioning system for the existing Dimmer Room are also required. Modifications / upgrades to the existing stage rigging systems and stage draperies are required. Section A - SP (Revised 12/15/04) Page 1 of 26 Additive Alternate Bid No. 1: Furnish and install additional ellipsoidal reflector spotlights. Refer to Section 11061 of these Specifications for fixture requirements. Additive Alternate Bid No. 2: Furnish and .install intelligent theatrical lighting fixtures. Refer to Section 11061 of these Specifications for fixture requirements. Additive Alternate Bid No. 3: Furnish and install new counterweight lines. Refer to Division 11 Specifications for requirements. Additive Alternate Bid No. 4: Furnish and install stage draperies. Refer to Section 11060 of these Specifications for requirements. NOTE: Asbestos abatement is to be completed under separate contract on an as needed basis. All work shall be done in accordance with the plans, specifications, and contract documents. A -4 Method of Award 1. Total Base Bid -or- 2. Total Base Bid plus Any Combination of Alternates The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with Proposal. The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference Selena Auditorium Lighting Control Systems and Infrastructure Project No. 4381 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be one hundred thirty -three (133) 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, $300 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a Section A - sP (Revised 12/15/04) Page 2 of 26 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 be considered non- responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section 3-2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non- receipt, could have an adverse effect when determining the lowest responsible bidder. Section A.- SP (Revised 12/15/04) Page 3 of 26 A -10 Wage Rates (Revised 7 /5/00) Labor preference and wage rates for building construction. -o6 Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day., or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. '(See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1 %) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The. Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess at 1- 800 - 344 -8377, the Lone Star Notification Company at 1- 800 - 669 -8344, and Verizon Dig Alert at 1- 800 -483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826 -3500 Project Engineer 361- 883 -9199 Stridde, Callins & Assoc. Inc. Traffic Engineering 826 -3540 Police Department 886 -2600 Water Department 826- 1881(826 -1888 after hours) Wastewater Department 826 -1800 (826 -1888 after hours) Gas Department 885 -6900 (885 -6900 after hours) Section A - SP (Revised 12/15/04) Page 4 of 25 Storm Water Department 826 -1875 . (826 -1888 after hours) Parks & Recreation Department 826 -3461 Streets & Solid Waste Services 826 -1940 A E P 1 -877 -373 -4858 S B C 881 -2511 (1 -800- 824- 4424,after hours) 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 -I2 Maintenance of Services 826 -1946 826 -1960 857 -5000 (857 -5060 after hours). 887-9200 (Pager 800 - 724 - 3624) 813 -1124 (Pager 888 -204 -1679) 881 -5767 (Pager 850 -2981) 512/935 -0958 (Mobile) 972 - 753 - 4355 The Contractor shall take. all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not .guaranteed.. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether 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. Section A - SP (Revised 12/15/04) Page 5 of 26 A -13 Area Access and Traffic Control: (NOT USED) Cufficicnt traffic control m asures mast be uacd to assure a safe thc public. half widths, construction of tcmporary ramps, ctc. this documc+t are available through thc City's Traffic Engineering Dcpartmcnt. The Coatractor shall eeeurc thc cs -sa 'y permit from the City's Traffic Eaginccring Department. direct paymcnt will bc made to Contractor..• A -14 Construction Equipment Spillage and Tracking (NOT USED) spilled matcria -ls going to or from the eoastruction area. Hand labor and /or mcchanical equipment mgt be used where necessary to kccp tkesc roadways clotar of job rclatcd matcrials. Such w rk must bc complct-ed without any increase in thc Contract price. more frcqucntly, if ncccssary, to prcvcnt material from washing into storm sewer streets. is allowed to rcmain on thc Projcct site A -15 Excavation and Removals (NOT USED) The cx avatcd ar as behind curbs and adjaecnt driveways must bc filled with '"lea -" dirt. "Cl an" dirt that is capable of providing a good growth of or adjoining -to sidewalks and dirt is dcf ixe£1 as grass whea applicd alichc, asphalt, concrete and a y ether material that detracts from - -- _ rs the growth of grass. All existing concrete and asphalt within the limits of thc Project must be rcmovcd unless otherwise notcd. sidewalks, ctc., arc to be consercd subsidiary to. the bid item for "Street Excavation "; thcr'e-fe e,, no direct paymcnt will bc made to Contractor. . Section A - SP (Revised 12/15/04) Page 6 of 26 A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will. be made to Contractor. A -17 Field Office (NOT USED) Thc Contractor must furnish the City Engineer or his representative with a field office at thc construction site. Thc field office must contain at 1 ast 120 square fcct f useable space. Thc field office must bc air conditioned and heated and must bc furnished with an inclined table that measures at 1 ast 30 "' x GO" and two (2) -chairs. Thc Contractor shall move the field office on the site as required by .furnished with a telephone (with 24 hour per day answering 3crviec) and FAX machine paid.. for by thc Contractor. There is no separate pay itcm for the field office. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on claw AR 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.. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Section A - SP (Revised 12/15/04) Page 7 of 26 Major controls and two (2) bench marko 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. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements .as required for the City or Consultant Project Engineer to revise the drawings. Thc. Contractor shall tie iR er rcfc e cc -0.11 valvee• and ma boocs, both cxioting and proposed, for thc purpooc of adjusting valvco and manholco at the completion et thc paving proccoo. Aloe, the City or maximum of twe (2) peroonncl for the pigarpooc of dating the mca &wring of the completed work. Thc Contractor ohall provide the following eertifioation for documentation and verification of compliance with thc Contract Profcaoional Land Survey (R.P.L.E.) licensed in the- otatc of Texan rota nod and paid by the Cen.tractor. Thc Third Party R.P.L.S. shall bc approved by thc City prior to any work. Any iiocrcpancico ohall bc noted by thc Third rty surveyor and certify compliance to any Strccto: • All curb rcturno at po4a4 of tangency /point of circumference Waotcwatcr: • Allrim /invcrt cicvationo at manholco; a All intcroccting linco in manholcs; permits). Water: + All top of valvco box, • Va1vco vaults rim; . • Casing cicvationo (top of pipe and .flow line) (TXDOT and RR permito). stormwatcr: Section A - SP (Revised 12/15/04) Page .8 of 26 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) before conotruction bcgino and will be maintained thr ughout thc Project period by the Contractor. The location of thc oigno will be A -22 Minority /Minority (Revised 10/98) Business Enterprise Participation Policy 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican- Americans and other Section A - SP (Revised 12/15/04) Page 9 of 26 persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority persons) (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement., and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.O of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to Section A - SP (Revised 12/15/04) Page 10 of 26 perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be . deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor.is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when 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 Section A - SP (Revised 12/15/04) Page 11 of 26 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 (100) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (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 (100) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be 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 (NOT USED) Ccction B b 22, Tax Exemption- Provision, is deleted in its entirety Taxczi unless thc Contractor clecta to operate under a separated Public Accounts of Texas. If thc Contractor elects to operate under a scpara_tcd contract, he ahall: Section A - SP (Revised 12/15/04) Page 12 of 26 1. Obtain thc ncccooary oalco tax permito from the State Comptroller. 2. Identify in thc appropriate opacc on thc "Statement of 1atcrialo and Other Charges" in the prop sal form the coot of matcria-lo phyoically incorporated irate thc Pre}cct. 3. Provide rcoalc ccrtificatco to oupplicro. the propooal value of materials. If thc Contract r doco not elect to operate undcr a ocparatcd contract, he muot pay for all Calco, Excioc, and Uoc Taxes appli ab10 to thic.L'rojcct. Sebcontractoro are subcontractor aloo eligible for oalco tax cxcmptiono if thc thc above rcquircmcnto. Thc, complies with thc oubcontractor, in turn, ioouco supplier. A -26 Supplemental Insurance Reguirements a ' rcoalc certificate to his 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 13 of 26 For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The. City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any 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 it such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims USED Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide Builder's Rink or Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk or Installation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk or Installation Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and Section A - SP (Revised 12/15/04) Page 14 of 26 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ .for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The. Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, 'shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior .to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior Written approval of the .City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following. text: Section A - SP (Revised 12/15/04) Page 15 of 26 Within five (5) working days following the public opening.and reading of the proposals, the ,three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to -its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in • an • increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule Section A - SP (Revised 12/15/04) Page 16 of 26 must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to. the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions. and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted•and replaced with the following Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requiremments for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Sid. Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In .case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, Section A - SP (Revised 12/15/04) Page 17 of 26 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. Vioitor /Contractor Orientation Prior to performing work at any City water facility, thc muot have on their peroon a valid card ecrtifying their prior . conducted by the City Water Department Pcroonncl. h. by authorized City Water Department peroonncl for thooc perform any work within any City water facility. For additi. -al information refer to Attachment 1. The Contractor shall not start, eperate, or stop any pump, motor, valve, equipment, switch, breaker, control, ex any othcr item related to City water facility at any time. All ouch itcmo must be operated by an operator or other authorized maintenance employee of the City Water Department. C. 1'xetcction of Water Quality The City cuotomcra muot deliver water of drinkins quality to its at all times. The Contractor shall protect the work with thc City Water Department to protect thc quality of th* water. D. Conformity with ANSI /NSF Standard 63. gaskets, thread compounds, coatings, or hydraulic equipment. Section A - SP (Revised 12/15/04) Page 18 of 26 Therm itcmi must not be uocd unlcoa they conform with ANSI/NSF Standard 61 and un -1coo ouch items arc inopcctcd on thc sits by authorized City personnel immediately prior to Thc. Contractor shall pr vide thc Psnginccr with copico of written proof of ANSI /NSF Standard G1 approval for all All trash generated the water facility oitc. The Contractor shall kccp remove all trash daily. by thc Contractor or his cmploycc3, Blowing trash will n t bc allowcd. work arca.o clean at. all time. and CONTRACTOR'S ON SITE PREPARATION F Contractor's peroonncl muat wcar eoercd uniform overalla other than orange., blue, or white. Each cmploycc uniform must providc company name and individual cmploycc identification. C. Contractor 3hall providc .tcicphonc3 for Contractor personnel. H. Working houro will. bc 7:00 A.M. to 5:00 P.M., Monday thru P -riday. I. Contractor must not u3c any City facility rc3troomo. Contractor must providc own sanitary facilitic3_ J. All Contractor vch.icico must bc parked at dc3ignatcd 3itc, a3 designated by City Water Department staff.. All Contractor vchicic3 mint bc cicarly labcicd with company name. No private cmploycc vehi.cico arc allowcd at O. N. Stcvcna Watcr Trcatmcnt Plant. 1111 personnel mu3t bc in company vehicles. During working hours, contractor cmploycc- must not lctiavc the dc3ignatcd construction. area nor wander through any build other than for rcquired work or ao directed by City Water Department per3onncl during emergency evacuation. K. Contractor Qualifications • SCTIDA (SUPERVISORY CONTROL AND DATA ACQUICITION) Any work to thc computer baacd monitoring and contpel 3y.3tcm mu3t bc performcd only by qualified technical and oupervicory peroonncl, ao determined by meeting thc qualifications 1 thru 9 below. Trio work includes, but i3 not limited to installing, connecting, programming, customizing, debugging, calibrating, or placing in operation all hardwarc and /or Section A SP (Revised 12/15/04) Page 19 of 26 1. IIc io rcgularly cngagcd iR the computer baocd monitoring and control oyotcm buoincoo, preferably ao applied to thc municipal water and waotcwatcr inde.otry. type, and complexity as rcquircd in thin tract —en at 1 aot three prior projccto. 3. He has bceR actively cngagcd iR thc typo of t3 rk opccificd herein for at 1caot 5 ycaro. 4. opccifications . IIc cmployo peoonncl on thin Projcet who havc oucccoofully completed a manufacturcr'o training couroc in configuring and implementing thc specific computcrc, RTUS'o, and ooftwarc propoocd for tho Contract ocrvicc facility within 100 milco of thc project oitc to maintain, repair, calibrate, and program thc 7. He ohall furnioh cquipmcnt which io thc product of one manufacturcr to the maximum practical extent. Whcrc thin io not practical, all equipment of a givcn typo will bc thc product of one manufacturer. 8. Prior performance at thc 0. N. stavcno Watcr Treatment Plant will bc iiocd'in evaluating which Contractor or oubcontractor programo thc new work for thin Projcct. 9. The Contractor shall produce all filled out. programming block required to chow thc programming as needed and rcquircd, to add thcoc twooyotcros to tho exioting City SCADA oyotcm. Attachcd is an example of the rcquircd programming bloeks whie. thc City requires . to be filled in and givcn to thc City IJnginccr with all changes made during thc programming intended to Dhow all Contractor will provide all programming blocko uocd. of thc rcquircd ohccto. The Trenching Rcquircmcnto All trcnching for thio projcct at thc 0. N. Stcvcno Watcr Treatmcnt Plant ohall be performed uoing a backhoc or hand digging duc to the numbcr of cxisting underground obotructiono. No trcnching machinco ohall bc allowed on thc projcct. Section A - SP (Revised 12/15/04) Page 20 of 26 A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below, when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducible: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City .Engineer for . approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. J. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. Section A - SP (Revised 12/15/04) Page 21 of 26 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. A -37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) add the following: "The Contractor must comply with the City of Corpus Chricti'o Watcr Conocrvation and Drought Contingency Plan ao amended (thc "Plan "). This changing conditiono. Thc City Engineer will provide a eopy of the Plan to Contractor at the prc construction meeting. Thc Contractor will A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) The icouancc of a certificate of occupancy for improvcmcnta doco not conotitutc final acceptance of the improvcmcnta under Cemeral Provision B 8 9. A -40 Amendment to Section B-8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the .City Engineer with documents, satisfactory to the City. Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory (NOT USED) Section A - sP (Revised 12/15/04) Page 22 of 26 City Engineer will notify Contractor about ozone alert. If a delay and the Contractor will be compensated at thc unfit price indicated in thc propooai. 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. 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: Section A - SP (Revised 12/15/04) Page 23 of 26 (1) Horizontal and vertical substitutions /field changes. (2) Changes in •equipment and substitutions. dimensions due to dimensions due to (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) (NOT USED) watcr. Contractor ohall not uoc the City'a oanitary scwcr ayotcm. for disposal of contaminated watcr. A -47 Pre- Construction Exploratory Excavations (7/5/00) (NOT USED) within 20 feet of propoocd pipclimec of thc project and Contractor ohall ourvcy thc exact vcrtieal and horizental location of cach cr000ing and potentially conflicting pipeline. Contractor shall aurvcy.thc accurate horizontal and vcrti al lo ationo Contractor ahall thcn prepare a. report and otabmit it to the . City few approval indicating .the O of pipelines cx avatcd and ourvcycd, as well ao thc approximate station thereof, diatancc to the pavement Section A - SP (Revised 12/25/04) Page 24 of 26 pavement repair asoociatcd with cxploratery cxxavatiens shall be paid for according to the c3tabliohcd until price of pavement patching. way) for exploratory cx avationo. r w 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 CP &L and inform 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 -1I 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. Section A - SP (Revised 12 /15/04) Page 25 of 26 SUBMITTAL TRANSMITTAL FORM PROJECT: SELENA AUDITORIUM LIGHTING CONTROL SYSTEMS AND INFRASTRUCTURE PROJECT NO. 4381. OWNER: CITY OF CORPUS CHRISTI ENGINEER: STRIDDE, CALLINS & ASSOCIATES, INC. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A 5P (Revised 12/15/04) Page 26 of 26 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 12TH day of APRIL, 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 Facility Solutions Group termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $1,070,875.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: SELENA AUDITORIUM LIGHTING CONTROL SYSTEMS AND INFRASTRUCTURE PROJECT NO.4381 (TOTAL BASE BID + ADD.ALT. #4: $1,070,875.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 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 133 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 City Secretary APPROVED AS TO LEGAL FORM: By: Asst. City At-orney Vy #ati:Qn i . no Ra ent, CITY OF CARPUS CHRI By: _. Juan Perales,; r.,P.E. Assistant City Manager Engineering /Development Services By: Pete Anaya, Director of Engineering Services P.E. CONTRAC Facil By: Titl 585 SO. PADRE ISLAND DR. So cations Grou (A..ress) CORPUS CHRISTI, TX 78405 (City) (State)(ZIP) 361/883 -6833 * 361/887 -2129 (Phone) (Fax) 12 AUTHORIZE ST COUNCIL Page 3 of 3 Rev. Jun -2010 SECRETARY?). FA C/L/ TY5L1LIJTI QN5 .! lrghtinq> elfctrlcrrl - onorgy> technology> 505 April 25, 2011 City of Corpus Christi 1201 Leopard Corpus Christi, Tx 78401 RE: Authorization to sign contract This letter notifies and confirms that Jason Zipprian, FSG Division Manager, has the authority to sign and execute contracts for Facility Solutions Group, Inc. If further information is required please contact me directly at 512- 440 -7985 or email to billg(a fsgi.com Sincerely; William Graham 4401 Westgate lion Lvard, Suite 1 1 f > Austin,. TX 7E3745 > T S12-440-71985 > :F St;? l'°t -1390' P R O.P O S .A L F O R M F O R SELENA.AUDITORIUM LIGHTING CONTROL SYSTEMS AND INFRASTRUCTURE PROJECT NO. 4381. DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal.Foren Page 1 of 9 • P R O P O S A L Place: Date: r� Proposal of F..; iity £oitit :o fs 6,obP. a Corporation organized and existing under the laws of the State of Q.Nt.> OR a Partnership or Individual doing business as rif Pr TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: CITY OF CORPUS CHRISTI SELENA AUDITORIUM LIGHTING CONTROL SYSTEMS AND INFRASTRUCTURE PROJECT NO. 4381 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -witi Proposal Form Page. 2 of 9 BASE BID TOTAL BASE BID: .$ . _ (Bid Items DB-1-3 ALTERNATE BID ITEM NO 1: _ ~QTY I'T'EM ITEM QT'S' - - Description Unit Price • ■■ ■_ Tate). ;�.I $ }r Y % / 1. 1 Lump Sum - Sealing: the building, in accordance with the Contract" .Documents complete and in place per Lump Sum - r ,! % .2 . - . 1 Lump Sum Mechanical & • Electrical Improvements'. in accordance with the Contract Documents. complete and in place per Lump Sum g 1-31)600.). . $ 1 �9 j 1 Lump Sum Contingency ,Allowance • X27, Oao . an $27,000.00 TOTAL BASE BID: .$ . _ (Bid Items DB-1-3 ALTERNATE BID ITEM NO 1: •TOTAL ALTS ATE BID ITEM NO.'1: $ � O. . - (Bid Item AB -1) .P3pposal Form Page 3 of 9 0 _ ~QTY I'T'EM Description Total AB--1 One ( 1).. Lump Sum . .. All ..necgssary....labor-.and ...... materials to provide specified additional .ellipsoidal reflector spotlights in . . accordance•with the Contract complete and in place per Lump Sum. . rJ iDocuments, $ rll s�� • •TOTAL ALTS ATE BID ITEM NO.'1: $ � O. . - (Bid Item AB -1) .P3pposal Form Page 3 of 9 0 ALTERNATE BID ITEM NO. 2 1 II III - TV ITEM QTY- • ITEM QTY Description Total 413,1 necessary labor and prolr xaespecifi:ed....,.... counterweight lines in accordance with-fhb -Contract Documents, complete and in place der Lump Sum. _..w._...,.w_.._.v. $ c(�7j 76o, AB -2 One . (1) Lump Sum All necessary labor and materials to provide specified additional intelligent theatrical lighting fixtures in accordance with the Contract Documents, complete and in place per Lump Sum. . $ C . IN ,0 TOTAL ALTERNATE Bin ITEM NO. 2: $ 1 0 iJ (Bid Item AB-2) ALTERNATE BID . ITEM NO 3: TOTAL ALTERNATE BIT) T'E'EM NO. 3: $ L7) ''7 d, Proposal Form Page 4 ok 9 (Bid Item . AR-3) II •III - ... . xv ITEM QTY- • Desdription Total One • (t.) L , ....-materalh...,to Sum - 413,1 necessary labor and prolr xaespecifi:ed....,.... counterweight lines in accordance with-fhb -Contract Documents, complete and in place der Lump Sum. _..w._...,.w_.._.v. $ c(�7j 76o, TOTAL ALTERNATE BIT) T'E'EM NO. 3: $ L7) ''7 d, Proposal Form Page 4 ok 9 (Bid Item . AR-3) ALTERNATE BID ITEM NO. 4: ITEM AB-•4 II QTY One (1) Lump.. Sum IT,I Description • All necessary labor and materials- to provide specified stage drapery in accordance with the Contract Documents, complete and in place per Lump Sum. IV Total. s9,),J3.0,P2L TOTAL ALTERNATE BID ITEM NO. 4: $ ( ) 3S0. 00 (Bid Item AB -4) Proposal farm• Page 5 of "9 BID M RY •TOTRL---BRSE-BIDT---$12‘....0•6:• ADDITIVE .ALTERNATE BID ITEM NO. 1.: ,TE$ ADDITIVE. Lig op ND,- 2 -: IVE ALTERNATE BID ITEM' NO. 3: ADDITIVE ALTERNATE BID ITEM .NO. 4:- Proposal or -Page 6 of 9 • The undersigned hereby declares that he has visited the site and has carefully .examined the plans, specifications and contract documents relating to the work covered by bis bid or bids, that he agrees to do the work, and that • rio representations made by the City are in .any sense a warranty . but • . • are mete estimates for the guidance of the 'Contractor. • • Upon notification of award of contract, we will within ten .(10) calendar days execute the formal contract and.. will-. deliver .a Performance .Bond (as required) • for the faithful . performance of this . contract and a Payment Bond (as required) to insure .payment • for all labor and materials, The bid bond attached to this proposal, in the amount of S% of. the highest amount bid, is to become the property of the .City of Corpus Christi in the event the contract and =bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The .apparent low bidder shall-, within five days of receipt, of bids, submit to the City Engineer, in writing, the names and addresses of. MBE firms participating in the contract and a' description of the work to be performed and its dollar value for' bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not • less than four counterpart (original signed) sets; Time of Completion': . The . undersigned agrees • to complete the work within One hundred thirt -three' (133). calendar days from 'the date.designa e• •y a or •r.er. - The undersigned further - declares that he will provide all necessary tools and apparatus,: do all the work and furnish all materials. and : do everything .required to carry out the above mentioned work' covered by this proposal, in strict. accordance with the contract documents and the requirements -pertaining thereto, for the sum or sums above set forth. Receipt. of- he following addenda is 'acknowledged (addenda number): NOTE: Do not detach bid from other papers. - Fili in with ink and submit complete with attached papers. Respect ly submitted: Name: By : Addr SIGNA URE) (P.O. Box) (Street) OrPkt& j K 7 I'V f (City) (State" (Zip) Telephone : 3(1- %a3-- (4 r33 Proposal Form , Page 7 of 9 (Revised August 2000) Bond Executed in Four (4) Originals P E R F O R M A N C E BOND Bond No_ 022033757 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Facility Solutions Group of NUECES County, Texas, hereinafter called "Principal ", and Liberty Mutual Insurance Company , a corporation organized under the laws of the State ofMassachusetts and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of ONE MILLION, SEVENTY THOUSAND, EIGHT HUNDRED SEVENTY -FIVE AND NO/100($1,070,875.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, -Texas, for the payment of -which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 12TH of APRIL , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: SELENA AUDITORIUM LIGHTING CONTROL SYSTEMS AND INFRASTRUCTURE PROJECT NO.4381 (TOTAL BASE BID + ADD.ALT. #4: $1,070,875.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or worktManship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 20th day of April , 2011 . PRINCIPAL Facility utions Group By: ATTEST e r, c./t J I i v� Sid"' '/Y'1' ' -- e-C4i ReGevie, 0,44/ C� SSA (Print Name & Title) SURETY Liberty Mutual Insurance Company Attn: Surety Claims Dept. 1001 4t1 ve., #1 0, S- -t le, WA 98154 By: Attorney -in -f David B. Ward (Print Name) ;4,01aseefizoaEtti�5et�saF {ewe .de��.e�3r, o�y.�= no�a:ce �'id�. ��r��e� ,•o�.���rs�c�,��sa:��?�;� -� Agency: Contact Person: Kevin G. Keetch Address: 1718 Santa Fe Corpus Christi, TX 78404 South Texas Insurance Agencies dba Keetch & Associates Phone Number: (361), 883 -3803 (NOTE: Date of Performance Bond most not be prior to date of lontract)(Revised 3/08) Performance Bend Page 2 of 2 Bond Executed in Four (4) Originals PAYMENT BOND STATE OF TEXAS § Bond No. 022033757 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Facility Solutions Group of NUECES County, Texas, hereinafter called "Principal ", and Liberty Mutual Insurance Compar}y a corporation organized under the laws of the State of Massachusetts, and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the Ci.t..y. of Corpus Christi, a municipal. corporation of _Nu.a,ces. ..Co.unt_y.,.. Texas, hereinafter called "City ", and unto all. persons, firms and ro.rp..o.ratic.n..s supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE MILLION, SEVENTY THOUSAND, EIGHT HUNDRED SEVENTY -FIVE AND NO/100($1,070,875.00)- DOLLARS; lawful- money of the United States, - to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, .a-dmin s-t.rat.ars and successors, a±nt.lj and severally.,, .lrm1y b -1/ 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 12TH day APRIL , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: SELENA AUDITORIUM LIGHTING CONTROL SYSTEMS AND INFRASTRUCTURE PROJECT N0.4381 (TOTAL BASE BID ADD.ALT. #4: $1,070,875.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material" as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.13 -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 €rile 20th day of April , 2011 . PRINCIPAL Facility "L; utions Group ATTEST Rosen e oct z Qd� •> 0-S IF (Print Name & Title •,SURETY Liberty Mutual Insurance Company Attn: Surety Claims Dept. 1001 4 • . &ve., #100, Sea By: Attorney -in -fact David B. Ward (Print Name) e��.; 3 "� �: x^Yzir "'� .�c aa� �^ �'R'�'�e'i._��,.���,'r�''��°�rs u�����3� S ++..�s �a �ii�`'�:,us4iE"-L? h �� �� -,�j t rdea�f v ery v np e a. d services a r,.d s. m Agency: Contact Person: Kevin G. Keetch Address: 1718 Santa Fe ae raskW Qr ` South Texas Insurance Agencies dba Keetch & Associates Corpus, Christi, TX 78404 Phone Number: (361) 883 -3803 (NOTE: Date of Payment Bond must not be prior to data of contract) (Revised 3/08) Payment Bond Page 2 of 2 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No.: Various Projects Surety Company: Liberty Mutual Insurance Company Ladies /Gentlemen: I, Ri C NA08 rnA x E y Jlox4A mA rvq 6 & (Name of Officer of Surety and Title), hereby certify that the facsimile power of attorney submitted by David B. Ward, Attorney -in -Fact, and/or Sharyl A. Markovits, Attorney -in -Fact for Facility Solutions Group, Inc., a copy of which is a attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is current in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this / ?7N day of A Pe, t- , 2011. Sworn and subscribed to before me on this Rachel N Duncan Notary Public STATE OF TEXAS My Comm. Exp. Oct. 29, 2013 (Revised 2/10) day of 4a ,2011. N • ary Public,- State of /'-/'-' My Commission Expires: /0 .2-9 /moo/ 3 Bond No. 022033757 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND This Power of Attorney limits the acts of those named herein,: and they have .. no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS <. POWER OF ATTORNEY KNOW : ALL PERSONS BY THESE :PRESENTS: That Liberty Mutual "lnsurance. Company (the "Company"), a Massachusetts stock insurance company; pursuant to and by authority: of the By -law and Authorization hereinafter set forth, does hereby name; constitute and appoint DAVID B. WARD, SHARYL.A. MARKOVITS, ALL OF THE CITY OF FRISCO, STATE OF TEXAS 2917165 each individually if there: be more than one named, its tn:re.a id lawful attorney-in-fact -to make, execute, seal, acknowledge arid deliver, for and on its behalf as surety and as its act and "deed; any and all undertakings,: bonds; recognizances: and other surety obligations irt the penal sum not exceeding TWENTY... MILLION AND 00/100************""*******************"********:' .DOLLARS ($ 20, 000,1 00:00 * * ***"*.*"**** *rn.** ** ) each, and the execution of such undertakings; bonds;, recognizances and other surety obligations in pursuanceot .these presents ".shall be as binding upon the Company as if they had been duly signed by"the president and attested by the secretary of the Company in their own proper persons. That this power is made: and executed pursuant to and by authority: of the.following" By -law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5.: Surety onds and Undertakings::: Any officer of the Company authorized for that purpose in writing by the chairman .or the .:president, and subject to such limitations as the or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make; execute seal;: acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other. surety obligations. Such attorneys-in-fact, subject to the limitations" set forth in their respective powers of attorney;: shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as 'a signed by the president and attested by the secretary. By the following instrument the chairman or the president: has authorized the officer or other official named therein to appoint attorneys -in- fact:.. Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott Assistant Secretary of Liberty Mutual... Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary act in behalf of the Company to make, execute, seal, acknowledge and as surety any and all undertakings bonds, recognizances and other surety obligations. That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of . y affixed thereto in Plymouth Meeting, Pennsylvania this 21 st day of .. May Liberty Insurance has been y - . rty een a 0 13 3 cn 0 ;w,: 4- 0 T G1 U O6 "i0. O ".a 0: o 0 O. ca cnAv a.)11-) t ZS- vs is.= m. Z". 0. COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY LIBERTY MUTUAL INSURANCE COMPANY By r Garnet W. Elliott, Assistant Secretary On this 21st 1 day of May , 2010 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual - Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH first above written. unto subscribed my name and affixed my notanalseal at Plymouth, Meeting, Pennsylvania; on the day and year �xciiuv Bern of nun €v lira rier6 '6si4.a Nglaay P,�d c . - Wy�nc�.ih�i1,'Gf:Mw7i4ta'narY CCimrf.:-- &ty e6=nr60,00 !,,Pi , bA8 2A 2414. sa IPastella,.Notary Public : CERTIFICATE :: - I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company; do hereby certify that the original power of attorney of which the foregoing is "a :full, true and correct copy, is in full .force and effect on -the date' of this certificate and I. do further certify that the. officer or official who executed the said power of attorneys an Assistant Secretary specially authorized by the chairman or the." president to appoint attorneys -in -fact as provided in Article XIII; Section 5 of the By -laws of Liberty Mutual.. Insurance Company: " This certificate and the above ...:. power of attorney may signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual insurance Company at a meeting duly called and held on the 12th day of March, 1980 VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of, the company, wherever appearing upon a certified copy of any power of attorney: issued by the company in connection with surety bonds; shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name: and affixed the corporate seal of the said company, this 20th April , _ 2011 -o ih d C 3 .. O O v. N w W as o d' i O C 0 E ac O 0 01 m- 0 c d . Ts'0 4)0 co E M O r 0fJ? H r Da�r� As i 17avi M. Carey, Ass fit Secretary .' i be u Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 -8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 -252 -3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection c tdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC -3500 Page 1 of 2 Rev. 7.1.07 PAYMENT BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Facility Solutions Group of NUECES County, Texas, hereinafter called "Principal ", and a corporation organized under the laws of the State of and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE MILLION, SEVENTY THOUSAND, EIGHT HUNDRED SEVENTY -FIVE AND NO/100($1,070,875.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 12TH day APRIL , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: SELENA AUDITORIUM LIGHTING CONTROL SYSTEMS AND INFRASTRUCTURE PROJECT NO.4381 (TOTAL BASE BID + ADD.ALT. #4: $1,070,875.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY Agency: Contact Person: Address: By: Attorney -in -fact (Print Name) a,, Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/D8) Payment Bond Page 2 of 2 P E R F O R M A N C E BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Facility Solutions Group of NUECES County, Texas, hereinafter called "Principal ", and , a corporation organized under the laws of the State of and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of ONE MILLION, SEVENTY THOUSAND, EIGHT HUNDRED SEVENTY -FIVE AND NO /100 {$1,070,875.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 12TH of APRIL , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: SELENA AUDITORIUM LIGHTING CONTROL SYSTEMS AND INFRASTRUCTURE PROJECT NO.4381 (TOTAL BASE BID + ADD.ALT. #4: $1,070,875.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, _ each one of which shall be deemed an original, this the day of , 20 Agency: Contact Person: Address: Phone Number: PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney -in -fact (Print Name) (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 City of Corpus Christi SUPPLIER NUMBER TO RE ASSIGNED BY CI[Y PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS; Fe‘cilir-ft (.)1010%;."'-. 6v-did? b -S e o-k Il LJiJif': C9fus r ZIP: ei % FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other e 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title PM- 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name _ Consultant Proposal Form Paae 8. of 9 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 {d)] - CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to th City of Corpus Christi, Texas as changes occur. Certifying Person: J c"LSJ t I f -• Title: 10 d∎ gipf jr' t e, ► a,./` (Type or Print) Signature of Certifying Person: /r DEFINITIONS Date: a. "Board member." A member of any board, .commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members .of the public in general or a. substantial segment thereof. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm," Any entity operated for economic gain, whether professional, industrial or commercial, and 'whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint 'stock company, joint venture, receivership. or trust, and entities which for purposes of taxation are . treated as non- profit organizations. e. "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of , Corpus Christi,.Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a . firm, including when such interest is held 'through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. c. g. Proposal 1Forrn ' Page 9 of 9 ACORD CERTIFICATE OF LIABILITY INSURANCE (MMIDDIVyYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CER.'TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cerhicate holder is an ADDITIONAL INSURED, the policy(res) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to .the certificate holder in lieu of such endorsement(s). Pe Mulcahy Independent Insurance Group 3010 LBJ Freeway Ste. 920 DallaS TX 75234 -7004 CONTACT � r EPeter Mulcahy FAX MC. N.Eat}:972 -211 -8277 INC.NoZ E-MAIL ADDRESS: dianaa @indinsgrp.com PRODUCER CUSTOMER ID II: INSURERS} AFFORDING COVERAGE NAIC N INSURED - Facility Solutions Group, Inc. See Named Insureds below 4401 Westgate Blvd, Suite 310 Austin TX 78745-1494 INSURER A : Everest National 10120 41262 2 565 8 IN5URERB:TRAVELERS LLOYDS INS CO INSURERC :Travelers Indemnity Company INSURERD:Travelers Property Casualty Company 25674 INSURER E: Underwriters At Lloyds London 1 57 92 INSURER F : $1, 000, 000 TIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NS R , TYPE OF INSU NCE ,I.. INSR - r `'- MIVD POLICY NUMBER POLICY EFF JMMtDDIYYYYUMMIODIYYYYL POLICY EXP LIMrTS D GENERAL X �R/� LIAEI ITY Y COMMERCIAL GENERAL LIABILITY OCCUR Y Y VTC2J- CO- 131J8737 / v 10/1/2010 10/1/2011 EACH OCCURRENCE $1, 000, 000 DAMAGE TO RENTED PREMISES (Ea occurrence) $l. 000, 000 CLAIMS -MADE X J MED EXP (Any one person) $10, 000 x Contractual Liab PERSONAL 8 ADV INJURY 000, 000 X XCD GENERAL AGGREGATE fs1, $2,000,000 GENt AGGREGATE LIMIT APPUES PER: POLICY PRO- X IX 1 LOC PRODUCTS - COMPIOP AGG $2,000,000 D AUTOMOBILE X LABILITY ANY AUTO v../ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Comp /Coll $1,000 Ded Y Y VTC2J- CAP- /31J9749 / 10/1/2010 10/1/2011 COMBiNEDSINGLE LIMIT (Ea accident) c, , 000, 000 BODILY INJURY (Per person)~ $ X X BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ x $ A X UMBRELLA LAB EXCESS WIB X OCCUR CLAIMS-MADE 7105000061 -101 10/1/2010 10/1/2011 EACH OCCURRENCE $5,000,000 �, AGGREGATE Y $5, 00o, 000 DEDUCTIBLE / RETENTION $N /A ddd Follows Fore $ X $ C D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED' {Mandatory M NH) if yes, desaibe under DESCRIPTION OF OPERATIONS / V YIN 111 A Y VTC2H- i7S- 8355N839 VTRJ- UB- 0923P941 (AZ) 10/1/2010 10/1/2010 10/1/2011 10/1/2011 r X WCSTATU- OTH- TORY LIMITS_ ER E.L. EACH ACCIDENT $1, 000 , 000 N E.L. DISEASE - EA EMPLOYEE 51, 000 , 000 below E.L. DISEASE - POLICY LIMIT $1, 000 , 000 B B S ins talation Floater Leased /Rented Professional Liab QT 630 0502P347 QT6300502P347 PFSG0110 10/1/2010 10/1/2010 10/1/2010 10/1/2011 10/1/2011 10/1/2011 Blanket $500,000 Blanket $500,000 Blanket $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONSI VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace (a required} Named Scheduled: FSG Electric; FSG Lighting;FSG,INC.;GB Realty Management;801 Richfield Partnership,LLC;Sign Tech International See Attached... CERTIFICATE HOLDER CANCELLATION Blanket 30 Day Notice City of Corpus Christi Department of Engineering Services Attn: Contact Administrator PO BOX 9277 Corpus Christi TX 78401 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. All rights reserved. The ACORD name and logo are registered marks of ACORD 9 ACS AGENCY CUSTOMER ID: LOC ft: ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY Peter Mulcahy NAMED INSURED Facility Solutions Group, Inc. See Named Insureds below 4401 Westgate Blvd, Suite 310 Austin TX 78745 -1494 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE. CERTIFICATE OF LIABILITY INSURANCE RE: Project # 4381 Selena Auditorium Lighting Control Systems and Infrastructure City of Corpus Christi is listed as Blanket Additional Insured applies to General Liability & Auto Liability policies as per written contract. Blanket Waiver of Subrogation applies to General Liability, Auto Liability and workers Compensation as per written contract. General Liability Insurance is primary and rnon - contributory. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Sylvia Arriaga - RE: Facilities Solutions Group - Proj #4381 From: Bonnie.Krigsman <BonnieK @indinsgrp.com> To: 'Sylvia Arriaga' <SylviaA@cctexas.com> Date: 4/28/2011 9:03 AM Subject: RE: Facilities Solutions Group - Proj #4381 CC: Diana Allred <dianaa @indinsgrp.com >, "jasonz @" <fsgi.com jasonz@fsgi.com >, "Page, Evelyn" <Evelyn@cctexas.com> Sylvia, the Travelers has agreed to provide the Notice of Cancellation that you are requesting, however, it probably will take at least a week or two to get the actual endorsement. Below is the wording and the email I received from the company. Let me know if this is acceptable. Diana can redo the certificate to show that you will be receiving a 30 day notice of cancellation and once the endorsement is received we can send you a copy. Please do not hold up the job for this since it has been confirmed that the company will add it. Thanks Statement When We Agree to Provide a Blanket Notice for Cancellations Name: "Any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured receives notice from us of the cancellation of this policy; and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this Schedule." Address: "The address for that person or organization included in such written request from you to us." This change requires the addition of a form that give the insured a 60 day notice so that they can then provide us a list of those that require a 30 day notice. And then the addition of a Designated Entity form that will have the above blanket wording. file: //C :\Documents and Settings\SylviaAlLocal Settings \Temp \XPgrpwise14DB92D65City... 5/2/2011 Bonnie Krigsman, AA! Commercial Account Manager (972) 388 -7082 Direct Line (972) 231 -8277 Main Line (972) 231-8291 Fax bonniek@indinsgrp.com Anyone can write your business insurance, but it's the resources we bring to your business that distinguish us from the competition. Independent Insurance Group, Inc. Independent Insurance Group Benefits, Inc. PCL Contract Bonding Agency Independent Wealth Advisors, LLC Independent Safety Services, Inc. 3010 La] Freeway, suite 920 Dallas, TX 75234 Trusted Choice' IMPORTANT WARNING: This e-mail, including any attachments, is intended for the use of the person to whom it is addressed and may contain information that is privileged and confidential, the disclosure of which is governed by applicable law. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of the information is STRICTLY PROHIBITED. If you have received this email in error, please notify us immediately and delete the related e-mail and any attachments From: Sylvia Arriaga [mailto:SylviaA @cctexas.com] Sent: Tuesday, April 26, 2011 4:52 PM To: Bonnie Krigsman Cc: Diana Allred; jasonz @; Page, Evelyn Subject: RE: Facilities Solutions Group - Proj #4381 Bonnie - the blanket Loss Payee endorsement you submitted is what we're looking for. Evelyn has seen it and confirmed it meets our requirement. But it will require policy information though. Please include the policy number on the copy and and re -send it to me. All Fm lacking at this point is the 30 day notice of cancellation endorsement. So please let me know what you hear from your carrier. Thank you for your help. Sylvia Arriaga, Contract Administrator City of Corpus Christi Engineering 1201 Leopard Street Corpus Christi, TX 78401 Ph: 361/826 -3530 Fx: 361/826 -3501 sylviaa @cctexas.com »> Bonnie Krigsman <BonnieK @indinsgrp.com> 4/26/2011 4:28 PM »> file: / /C:1Documents and Settings\SylviaAlLocal Settings \Temp \XPgrpwise14DB92D65City... 5/2/2011 Sylvia, we forwarded your request on to the insurance carrier to see if they can attach the endorsement you are requesting. We will let you know as soon as I hear back from them. It probably will be sometime tomorrow morning if that's OK. Per our telephone conversation, this is not typically required on a first party property /inland marine coverage, since the insured has the insurable interest to the property. There is a Blanket Loss Payee endorsement on the policy, if in fact, you do have any insurable interest, and I am attaching same at this time. I would still suggest that your Risk Manager give me a call to discuss this further. Thank you and we will touch base tomorrow. Bonnie Krigsman, AAl Commercial Account Manager (972) 388 -7082 Direct Line (972) 231 -8277 Main Line (972) 231 -8291 Fax bonniek @indinsgrp.com Anyone can write your business insurance, but it's the resources we bring to your business that distinguish us from the competition. 1 Independent Insurance Group, Inc. Independent Insurance Group Benefits, Inc. PCL Contract Bonding Agency Independent Wealth Advisors, LLC Independent Safety Services, Inc. 3010 LBJ Freeway, Suite 920 Dallas, TX 75234 steel Choice' wWw.zruseedChoicc.. o n IMPORTANT WARNING: This e-mail, including any attachments, is intended for the use of the person to whom it is addressed and may contain information that is privileged and confidential, the disclosure of which is governed by applicable law. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of the information is STRICTLY PROHIBITED. If you have received this email in error, please notify us immediately and delete the related e-mail and any attachments From: Sylvia Arriaga [mailto:SylviaA @cctexas.com] Sent: Tuesday, April 26, 2011 4:11 PM To: Bonnie Krigsman Cc: Evelyn Page; jasonz @fsgi.com Subject: Facilities Solutions Group - Proj #4381 f le: / /C:1Documents and Settings\SylviaAlLocal Settings \Temp \XPgrpwise14DB92D65City... 5/2/2011 Bonnie - attached are scanned copies of the contract documents outlining insurance requirements for the subject project These are standard City of Corpus Christi construction contract requirements. Upon award of a project Contractor is expected to be able to provide and submit all documentation required as outlined in the contract documents. Please get back to me and let me know as soon as possible if you need more information or if you will be able to comply with the requirements in a timely manner. Thank you. Sylvia Arriaga, Contract Administrator City of Corpus Christi Engineering 1201 Leopard Street Corpus Christi, TX 78401 Ph: 361/826 -3530 Fx: 361/826 -3501 sylviaa@cctexas.com file: / /C:1Documents and Settings\SylviaAlLocal Settings \Temp\XPgrpwise14DB92D65City... 5/2/2011 Policy# VTC2J- C0- 131J8737 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This a dorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance to include as an additional insured on this Cover- age Part. However, the person or organization is only an additional insured with respect to liability for "bodily injury", "property damage" or "personal injury" and as described in Paragraph a), b) or c) below, whichever applies: a) If the "written contract requiring insurance" specifically requires you to provide additional Insured coverage to that person or organiza- tion by the use of: 1. The Additional Insured — Owners, Les- sees or Contractors — (Form B) en- dorsement CG 20,1011 85; or The Additional Insured — Owners, Les- sees or Contractors — Scheduled Person Or Organization endorsement CG 2010 10 01 and the Additional Insured -- Own- ers, Lessees or Contractors — Com- pleted Operations endorsement CG 203710 01; the person or organization is an additional insured only if the injury or damage arises out of "your work" to which the "written con- tract requiring insurance applies. b) If the "written contract requiring insurance" specifically requires you to provide additional insured coverage to that person or organiza- tion by the use of : L The Additional Insured — Owners, Les- sees or Contractors — Scheduled Person or Organization endorsement CG 2010 07 04 and the Additional insured — Own- ers, Lessees or Contractors — Com- pleted Operations endorsement CG 2037 07 04; or 11. The Additional Insured — Owners, Les- sees or Contractors — Scheduled Person Or Organization endorsement CG 2010 and the Additional Insured -- Owners, Lessees or Contractors -- Completed Operations endorsement CG 2037, with- out an edition of such endorsements specified; the person or organization is an additional insured only if the injury or damage is caused, In whole or in part, by acts or omis- sions of you or your subcontractor in the per- formance of your work" to which the "written contract requiring insurance" applies. c) If neither Paragraph a) nor b) above applies:. i. The person or organization is an addi- tional insured only if, and to the extent that, the injury or damage is caused by acts or omissions of you or your subcon- tractor in the performance of "your work" to which the "written contract requiring insurance" applies; and ii. The person or organization does not qualify as an additional insured with re- spect to the independent acts or omis- sions of such person or organization. 2. The insurance provided to the addtgonal insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not In- crease the limits of insurance described in Section 111— Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: CG D8 04 06 10 fl 2010 The Travelers Indemnity Company Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your worts" and included in the "products- completed op- erations hazard" unless the "written contract requiring insurance specifically requires you to provide such coverage for that additional insured during the policy period. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to "other insurance" available to the additional Insured which covers that person or organization as a named insured for such Toss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis; that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: €. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and 11. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit ", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance which would cover the additional insured for a Toss we cover under this endorsement. However, this condition does not affect whether the in- surance provided to the additional insured by this endorsement is primary to "other insur- ance available to the additional insured which covers that person or organization as a named insured as described in Paragraph 3. above. 3. The following definition is added to SECTION v. - DEFINITIONS; "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed, during the policy period and: a. After the signing and execution of the con- tract or agreement by you; and b. While that part of the contract or agreement is in effect. Page 2 of 2 0 2010 The Travelers Indemnity Company CG D6 04 05 10 Policy# VTC2J- C0- 131J8737 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - Provisions A.-H. and J. -N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. B. C. D. E. F. G. Broadened Named Insured Extension of Coverage - Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 Blanket Waiver of Subrogation Blanket Additional Insured - Managers or Lessors of Premises Incidental Medical Malpractice Extension of Coverage Bodily Injury Contractual Liability- Railroads PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited liability company, of which you maintain ownership or in which you maintain the major- ity interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. CG D3 16 07 04 H. J. K. L. Additional Insured - State or Political Subdivisions Other Insurance Condition Increased Supplementary Payments. • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day Knowledge and Notice of Occurrence or Offense Unintentional Omission M. Personal Injury - Assumed by Contract N. Blanket Additional Insured - Lessor of Leased Equipment 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. EXTENSION OF COVERAGE - DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section 1 - Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section 111 Limits Of Insurance. Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence ", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract"; Page 2 of 6 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1— Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; your work "; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property darn- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense which is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non - contributory with, such "other insurance ". E. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to paragraph 1. Insur- ing Agreement of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following will be deemed to be caused by an "occurrence: a. Medical, surgical, dental, laboratory, x -ray or nursing service, advice or instruction, or the related furnishing of food or bever- ages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1, above and while acting within the scope of their em- ployment by you_ Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section 1— Coverages): (This insurance does not apply to:) "Bodily in- jury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals com- mitted by or with the knowledge or consent of the insured. 4. For the purposes of determining the applica- ble limits of insurance, any act or omission CG D3 16 07 04 COMMERCIAL GENERAL LIABILITY together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one "occurrence ". 5. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "other insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declara- tions of this Coverage Part. F. EXTENSION OF COVERAGE — BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY — RAILROADS 1. Paragraph c. of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" (DEFINITIONS — Section V) is de- leted. H. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS -- PERMITS WHO IS AN INSURED (Section II) is amended to include as an insured any state or political subdi- vision, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has is- sued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for the state or political subdivision; or Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- cluded in the "products- completed opera- tions hazard ". L OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the fol- lowing: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance ", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work "; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (4) If the loss arises out of the main- tenance or use of aircraft, "autos ", or watercraft to the ex- tent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage. Li- ability, or That is available to the insured when the insured is an additional (3) (5) insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance ". When this insurance is excess over "other insurance ", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and (2) The total of all deductible and self - insured amounts under that "other insurance. We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. 0 any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. B. The following definition (Section V): "Other insurance": a. Means insurance, that is provided by, is added to DEFINITIONS or the funding of losses, through or on behalf of: Page 4 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 (1) Another insurance company; (2) Us or any of our affiliated insurance com- panies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section III) or the Non cumulation of Per- sonal and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSUR- ANCE (Section III) applies; (3) Any risk retention group; (4) Any self - insurance method or program, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk manage- ment method. b. Does not include umbrella insurance, or ex- cess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section — Coverages) are amended as follows: 1. In paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an in- surance, loss control or risk manager or ad- ministrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. CG D316 07 04 COMMERCIAL GENERAL LIABILITY 2. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occur- rence" or offense may involve this policy. 3. This Provision K. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, re- lease or escape of "pollutants" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. How- ever, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. M. PERSONAL INJURY — ASSUMED BY CON- TRACT 1. The following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of "per- sonal injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been as Copyright, The Travelers Indemnity Company, 2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract "; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B (Section 1 - Coverages) is deleted and replaced by the following: d. The allegations in the "suit" and the in- formation we know about the "occur- rence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the in- demnitee; 3. The third sentence of Paragraph 2 of SUP - PLEMENTARY PAYMENTS - COVERAGES A AND B (Section 1- Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I - Coverage A - Bodily In- jury And Property Damage Liability, or the provisions of Paragraph 2.e.(1) of Section 1 - Coverage B - Personal Injury, Advertising In- jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for "bodily injury" and "property damage ", or damages for "personal injury", and will not re- duce the limits of insurance. 4. This provision M. does not apply if coverage for "personal injury" liability is excluded by endorsement. N. BLANKET ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT WHO 15 AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured ") with - whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to their li- ability for "bodily injury", "property damage ", "per- sonal injury" or "advertising injury" caused, in whole or in part, by your ads or omissions in the maintenance, operation or use of equipment leased to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense which is committed, after the equipment lease expires. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non - contributory with, such "other insurance ". Page 6 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 MMM mmw msesimm aMM m MEE m 002529 Policy# VTC2J- CAP- 131J8749 / COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. Flowever, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extern that coverage is excluded or limited by such an endorsement. The Bowing listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKETADDrONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED UMITS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph Al., Who Is An insured, of SECTION II - LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage, Coverage under this provision is afforded only un- til the 130th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An insured, of SECTION 1I - LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is sinned and H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the *bocllly injury" or "property damage" occurs and that is in effect during the policy period, to I* named as an addi- tional insured is an insured" for Liability Cover- age, but only for damages to which :this insurance applies and only to the extent that person or or- ganization qualifies as an "Insured" under the Who is An Insured provision contained in Seddon IL C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured. of SECTION 0 - LI- ABILITY COVERAGE: An "employee" of yaws is an "insured' while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, wah your permission, while performing duties related to the conduct of your busi- ness. CA T3 53 06 09 Ga 2009 The Travelers Companies. Inc. Includes the copyrighted material of Insurance Services Office, Inc. wth is permission. Page 1 of 4 COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5.. Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the farrowing are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow, and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any 'auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto`. D. EMPLOYEES AS INSURED The following is added to Paragraph Al., , Who Is An Insured, of SECTION 11 - LIABIUTY COV- ERAGE: Any "employee" of yours is an 'insured" while us- ing a covered 'auto" you don't own, hire or bonow In your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION 11- LIABILITY COVERAGE: (2) Up to 53,000 for cost of bat bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover, We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4). of SECTION II - UABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" al our request, including actual loss of earnings up to 5500 a day be- cause of time off from work. F. HIRED AUTO - L MIWD WORLDWIDE COV- ERAGE - INDEMNITY BASIS The following replaces Subparagraph e. In Para- graph B.T., Policy Term, Coverage Territory, of SECTION 1V - BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the Page 2 of 4 United States of America applies to and pro_ hiilits the transaction or business with or within such country or jurisdiction, for Liability Coverage for any covered `auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (0 you are a limited liability company) or members of their house- holds. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions_ (b) Neither you nor any other in- volved 'insured" will make any settlement without our consent. (c) We may, at our discretion, par- ticipate in defending the "insured" against, or in the settlement of, any claim or "suit"_ (d) We will reimburse the "insured ": (I) For sums that the "insured" legally must pay as damages because of "bodily injury" or "prof damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION It LIABILITY COVERAGE; (ii) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit ", but only up to and included within the limit de- scribed in Paragraph C., Limit Of Insurance, of SECTION 11 - LIABILITY COVERAGE, 02669 The Travelers Companies, Inc. CA T3 53 DS 09 Includes the copyrighted material of Insurance Services Office, inc. with its permission. ao • aliil E w= JERE e CAM ONUS goNIMIM 5 aMR aM VEN • • eea and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of*nsurance in payments for damages, settlements or detense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (3) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insuraixe in any such coun- try up to the minimum limits required by local law, Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the corriputssory In- surance requirements. (4) It is understood that we are not an admit - ted or authorized insurer outside the United States of America, its territories and possessions. Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the grass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION 111 — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident ". CAT353OB09 COMMERCIAL AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SEC- TION 111— PHYSICAL DAMAGE COVERAGE We will pay up to $50 per day to a mancimi rn of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. .l. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to 3400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by run insured "; Mid (Z) In or on your covered "auto ". This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3„ Exclu- sions. of SECTION 10 - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not, apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a causes other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but on: a. If that "auto" Is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war - ranty: and c. The airbags were not intentionally inflated. We will pay up to a maxhriurn of $1,000 for any one "loss ". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (11 you are an individual); 0 2009 The Travelers Companies, Inc. Page 3 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO (b) A partner (if you are a partnership); (c) A member (it you are a limited liability cam - party): (d) An executive officer. director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident° or loss'. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.3.1 Transfer Of .Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex tent required of you by a written contract signed and executed prior to any -accident- or "toss", provided thel the "accidenr or lo arises out of .operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract N. UNINTENTIONAL ERRORS OR OMISSIONS The follower is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV - BUSINESS AUTO CONDITIONS: The unintentional omission Of or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise Our right of cancellation or non - renewal. Page 4 of 4 C2009 The Travelers Companies, Inc. includes the copyrighted material of Insurance Services Office, Inc. with its permission. CA 13 53 Ott 09 • POLICY NUMBER: 11TC2eJ- CQ -13i J8737 -TI L-10 ISSUE DA'Z`E: i i —i i _i q THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION /NONRENEWAL PROVIDED BY US - TEXAS This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY VCOMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE COMMERCIAL. GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART — CONTRACTORS COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME COVERAGE PART DELUXE PROPERTY COVERAGE FORM EMPLOYEE BENEFITS LIABILITY COVERAGE PART EXCESS (FOLLOWING FORM) LIABILITY INSURANCE FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SCHEDULE CANCELLATION: Number of Days Notice: 60 ✓ WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: 60 PROVISIONS: A. For any statutorily permuted reason other than nonpayment of premium, the number of days re- quired for notice of cancellation, as provided in the CONDITIONS Section of this insurance, or as amended by any applicable state cancellation en- dorsement applicable to this insurance, is In- creased to the number of days shown in the SCHEDULE above_ B. For any statutorily permitted reason other than nonpayment of premium, the number of days re- quired for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any applicable state When We Do Not Renew (Nonre- newel) endorsement applicable to this insurance, is increased to the number of days shown in the SCHEDULE above. IL FO 25 09 98 Copyright, The Travelers Indemnity Company, 1998 Page 1 of 1 POLICY NUMBER: VTC2J- CAP- -1 31318749- TrL -10 ISSUE DATE: 11 -03-10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATIONINONRENEWL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 60 WHEN WE DO NOT RENEW (Nonrenewal): PROVISIONS: A. For any statutorily permitted reason other than nonpayment of premium, the number of days re- quired for notice of cancellation, as provided in the CONDITIONS Section of this insurance, or as amended by any applicable state cancellation endorsement applicable to this insurance, is in- creased to the number of days shown in the SCHEDULE above. IL T3 20 09 97 Number of days Notice: 60 B. For any statutorily permitted reason other than nonpayment of premium, the number of days re- quired for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any applicable state When We Do Not Renew (Nonrenewal) endorsement applicable to this in- surance, is increased to the number of days shown in the SCHEDULE above. Copyright, The Travelers Indemnity Company, 1997 Page 1 of 1 TRA .E1ERS " WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 10 (00) - 001 POLICY NUMBER: (VTC2KLIB- 9355N83 -9 -10 ) AMENDED CANCELLATION CONDITION ENDORSEMENT We agree that Part Six, D. Cancellation, item 2 of the policy, is amended as follows: We may cancel this policy by mailing or delivering to you at the address shown on the Information Page written notice slating when A) not less than ten days thereafter in the case of Non - Payment of Premium, B) not less than ten days thereafter in case any bankruptcy or debtor relief proceeding is brought by or against you under Title 11 of the United States Code, and C) not less than the number of days thereafter stated in the Schedule, in all outer cases, such cancellations shall be effective. SCHEDULE NUMBER OF DAYS 60 DATE OF ISSUE: 11 -09 -10 ST ASSIGN: TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) -ot POLICY NUMBER: (VTC2KUB- 8355NB3- 9--09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER DATE OF ISSUE: 10 -27 -09 T ST ASSIGN: TRAVELERS 1� WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 03 04 ( A) — 001 POLICY NUMBER: (VTC2KUB- 8355N83 -9 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ❑ Specific Waiver Name of person or organization Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Q;= 2. Operations: ALL TEXAS OPERATIONS C waNNIMII Ommim oai■ 0031137 . Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations describe. 4. Advance Premium: $ ST ASSIGN: Page 1 of 1