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HomeMy WebLinkAboutC2012-174 - 5/15/2012 - Approved2012 -174 M2012 -093 5/15/12 S P E C I A L P R O V I S I Facility Solutions Group Inc. 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 B O N D S F O R AYERS MUNICIPAL SERVICE CENTER FUEL STATION RENOVATION FOR CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -4100 �.r..r.K e6eesedec eavra 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 %S,`,`tt` Fax: 361/883 -9177 'JAE OF Imo* O - 0. SWIT$ t'' ll %ft:Of IPROJECT NO; E11096 J 07/14/2012 (Revised 7/5/00) AYERS MUNICIPAL SERVICE CENTER FUEL STATION RENOVATION Project No. E11096 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 A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Office (Not Used) A-18 Schedule and Sequence of Construction A 19 Conctruction Staking (Not Used) A-20 Testing and Certification A al Project Cigna (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Policy (Revised 10/98) A -23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds A 25 Sales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29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 A 35 City Water Faeilitiec Special Rcquircmcnto (Not Used) A-36 Other Submittals (Revised 9/18/00) A 37 hmcndcd "Arrangement and Charge for Water Furnichcd by the City" (Not Used) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Certifl ate of Occupancy and Final Acceptance (Not Used) A-40 Amendment to Section B -8 -6: Partial Estimates A 11 Ozone Advisory (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 i6 Diapoca3. of Highly Chlorinated Water (7/5/00) (Not Used) (Not Used) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress PART B -- GENERAL PROVISIONS (CoCC INSERT) PART C - FEDERAL WAGE RATES AND REQUIREMENTS (CoCC INSERT) PART T - TECHNICAL SPECIFICATIONS Division 01 01010 Summary of Work 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 01600 Materials and Equipment 01631 Substitutions 01700 Contract Closeout 01740 Warranties 01782 Operation and Maintenance Data Division 11 11140 Fuel Dispensing System Division 16 16000 Electrical Specifications LIST OF DRAWINGS Sheet No. Description 1 T -1 Title Sheet 2 E -1 Electrical Site Plan 3 E -2 Electrical Diagrams E. Legends 4 E -3 Fuel Equipment Plan NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: AYERS MUNICIPAL SERVICE CENTER FUEL STATION RENOVATION PROJECT NO. E11096; The Project includes, but is not limited to, replacement of existing gasoline and diesel fuel dispensers, new gasoline dispenser sumps, replacement of existing submersible tank pump feeders, replacement of all circuiting and dispenser control conductors for fuel dispensers, new submersible tank pump controllers, conduit, conductors, and associated apparatus. Additive Alternate Bid No. 1: Furnish and install the leak detection / monitoring system including fuel tank probes, sump liquid sensors, leak detection panel, and associated conduit, conductors, and apparatus. Refer to Drawings and Section 11140 of these Specifications for requirements. All work shall be done in accordance with the plans, specifications and contract documents; bids will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, March 14, 2012, 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 Wednesday, March 7, 2012, 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/ Daniel Biles, P.E. Interim Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7 /5/00 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 required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: . 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors . 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT X REQUIRED ❑ 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 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Xnterest" 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 NOTICE TO CONTRACTORS -- B WORKER' S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (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 prroviding 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 8 of 11 T28S110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "cert cate'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, TWCG 82, TWCC -83, or TWCC-84), showing statutory workers' compensation insurance coverage for the persons or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall 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. 11. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) 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. 1 By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS AYERS MUNICIPAL SERVICE CENTER FUEL STATION RENOVATION PROJECT NO. E11096 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 14, 2012. Proposals mailed should be addressed in the following manner: City-Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - AYERS MUNICIPAL SERVICE CENTER FUEL STATION RENOVATION PROJECT NO. E11096 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 Rroposals 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 Wednesday, March 7, 2012 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 AYERS MUNICIPAL SERVICE CENTER FUEL STATION RENOVATION PRO3'ECT NO. E11096; The Project includes, but is not limited to, replacement of existing gasoline fuel dispensers, new gasoline dispenser sumps, replacement of existing submersible tank pump feeders, replacement of all circuiting and dispenser control conductors for all fuel dispensers, new submersible tank pump controllers, new transition sump, leak detection / monitoring system including fuel tank probes, sump liquid sensors, leak detection panel, and associated conduit, conductors, and associated apparatus. Section A - SP (Revised 12/25/04) Page 1 of 26 Additive Alternate Bid No. 1: Four (4) new diesel dispensers to be installed on existing dispenser sumps. Refer to Drawings and Section 11140 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 AYERS MUNICIPAL SERVICE CENTER FUEL STATION RENOVATION PROJECT NO. E11096 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 sixty (60) 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 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 Section A - SP (Revised 12/15/44) Page 2 of 26 meeting the requirements of this effective date of cancellation of coverage to be replaced, then any the required workers' compensation any work on the Project. Contract is not in effect on the the workers' compensation insurance Contractor employee not covered by insurance coverage must not perform 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 B -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. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for building construction. -+°=R 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, Section A - SE (Revised 12/15/04) Page 3 of 26 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 an 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 Project Engineer Stridde, Callins &Assoc Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department 826 -3461 Streets & Solid Waste Services 826 -1940 826 -3500 361 -883 -9199 . Inc. 826 -3540 886 -2600 826 -1881 826 -1800 885 -6900 826 -1875 (826 -1888 after hours) (826 -1818 after hours) (885 -6913 after hours) (826 -3140 after hours) A E P S B C 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) 1- 877 -373 -4858 881 -2511 (1- 800 - 824- 4424,after hours) 826 -3589 826 -1946 826 -3547 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 Section A - SP (Revised 12/15/04) Page 4 of 26 A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the •Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will .be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. Section A - SP (Revised 12/15/04) Page 5 of 26 All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, 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) construction cite. Thc field ogee mum the City Engineer or hip repesentative. Thc field office must be item for the field office. Section A - Se (Revised 12/15/04) Page 6 of 26 A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALENDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Project Layout and Control (NOT USED) The drawings may depict but not rnccecoary include -; lino's, slopes, grades, sections, measurements, be eh marks, baselines, etc. that arc normally required to construct a project of this nature. will be provided by thc City or The Contractor shall furnish necessary for control of the wo Consultant Project Engineer. _ all lines, slopes and measurements rk . If, during construction, it is necessary control point or bench mark, the Contractor Consultant Project Engineer 18 hours notice to disturb or destroy a shall provide the City or so that alternate control • mark damaged a3 a ramult of the Contractor's negligence will be thc Contractor. If, for whatever reason, it is necessary to date frem proposed line approval of the City er Consultant Proj-eet Engineer prior to . If, in the ei4la on of the City or Consultant Project the required deviation would necessitate a revision to the deviation Engineer, 1 required drawings. qtx for thc City or Consultant Projcct Engineer to revise the existing and proposed, for the purpose of adj- testing valves and manholes at the completion o the paving process. Alse, thc city or Section A - SP (Revised 12/15/04) Page 7 of 26 maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. Documents, plans and specifications. Said compliance ccrtifi tion approved by thc City prior to any work. Any discrepancies shall be regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency /point of circumference. • Curb and gutter flow line both sides of street on a 200' interval; Wastewater: • All rim /invert elevations at manholes; • All intersecting lines in manhoc3; • Casing elevations (top of pipe and flow linc) (TXDOT and RR permits) . Water: • valves vaults rim; • Casing elevations (top of pipc and flow line) (TXDOT and RR permits). Stormwatcr: All rim /invert elevations at manholes; • Casing elevations permits) . (top of A -20 Testing and Certification pipe and flow linc) (TXDOT and RR 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) The Contractor must furnish and install 1 Project signs as indicated on the following drawings. (Attachment IV) The signs must be installed before construction .begins and will be maintained throughout thc determined in thc field by thc City Engineer. Section A - SP (Revised 12/15/04) Page 8 of 26 A-22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women'and Minority Business Enterprises to participate in the performance of. contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively 'own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). Section A - SP (Revised 12/15/04) Page 9 of 26 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform .50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.00 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 a 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 Section A - SP (Revised 12 /15/04) Page 10 of 26 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 Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (100) 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 reinsures 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 Section A - SP (Revised 12/15/04) Page 11 of 26 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) Section B 6 22, Tax Exemption Provioion, i3 deleted in ito entirety and the following subatitutcd in licu thereof. Contracts for improvements to r al property awarded by the City of Corpuo Christi do not qualify for cxcmptiona of Salc3, Excioc, and Uoc Tamcs i1eso thc Contractor elects to operatc under a acpara.ted of Title 34, Public Finance of the Tcxaa Adminintrativc Code, or such other rules or rcgulationo as may be promulgated by the Comptroller of Public Accounto of Texan. If thc Contractor ciccto to operatc under a ocparatcd contract, he oha11: 1. Obtain the ncccooary aalco tax permito from the State Comptroller. 2. Identify in thc appropriate space on the "Statcmcit of Matcrial3 and Other Cargc3 " in thc proposal form thc coot of matcrialo phyoi -ally incorporated into thc Project. the proposal value of materials. contract, he muot pay for all Calc3, Excioc, and Uoc Taxc3 appii -oablc to thi3 Project. 3ubcontraetor aloo complico with the above rcquircmcnt3. The thc subcontractor, oupplicr. in turn, inouco a rcoalc ccrtifi ate to hie Section A - SP (Revised 12/15/04) Page 12 of 26 A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of. days advance notice: _30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -i1 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for . or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault Section A - SP (Revised 12/15/04) ' Page 13 of 26 of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide Buildcr'c Rick 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. Buildcr'c Rick or Installation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Buildcr's Rick 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 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 Section A - SP (Revised 12/15/04) Page 14 of 26 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 8 -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, 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 Section A - sP (Revised 12/15/04) Page 15 of 26 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 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 Section A - 5P (Revised 12/15/04) Page 16 of 26 acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City - Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid 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, 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 Contractor, his oubcontractora, and each of their cmploycca attendance at a Visitor/- Contractor Safety Orientation Program conducted by thc City Water Department Pcraonncl. A Vioitor /Contractor Safety Oricntation Program will be offered porsomo who do not have ouch a card, and who desire to Section A - SP (Revised 12/15/04) Page 17 of 26 perform any work within any City water facility. For additional information refer to Attachment 1. other itcm rclatcd to City water f ouch items must bc operated by an operator or other authorized maintenance -cmploycc of thc City Watcr Dcpartmcnt. C. rrotcction of Water Quality cu3tomcr3 at all timca. Thc Contractor shall protcct the quality of thc watcr in thc job site and shall coordinate its thc watcr. D. Conformity with ANSI /NSF Standard 61 All materials and cquipment uocd in the repair, r assembly, any other itcros, whisk could come into contact with potable watcr, must conform. to Amcri an Natienal Standards 61 as dcocribcd in thc Standard Specifications. Gue-h—matcria1c include all oolvcnto, cicancrr, lubric.nto, Thcac itcmo muot not be uDcd unlcoo they conform with Thc Contractor shall providc thc Engineer with copies of wItten proof of ANSI /NSF Standard 61 approval for all All trash gcncratcd lay thc Contractor er his employees, agents, or subcont- actors, must bc contained at all times at thc water facility site. Blowing trash will not be allowed. Thc Contractor shall keep wer1 rcmovc all trash daily. CONTRACTOR'S ON SITE rRErARATIoN F Contractor's personnel must woar colorcd uniform ovcralls other than orangc, blue, or whitc. Each employee uniform Section A - SP (Revised 12/15/043 Page 18 of 26 Plant tcicphonca arc not available for Contractor uoc. H. Working hours will bc 7:00 A.P. to 5:00 P.M., Monday thru Friday. I. Contractor must not uoc any City facility rcotrooms. Contractor must providc own sanitary facilitica. J. All Contractor vehicles must bc parked at designated site, ac vchicic3 must be clearly labeled with company name. No private cmploycc vchicico arc allewcd at O. N. Stcvcno.Watcr During working hours, contractor employees muot not lcavc thc dcoignatcd construction aroma nor wander through any buildings other than for rcquircd work or ao directed by City Water K. Contractor Qualificationo SC2DA (SUPERVISORY CONTROL AND DATA ACQUISITION) must bc performcd only by qualified technical and oupervioory personnel, as determined by mooting thc qualifications 1 thru 9 below. This work includca, but io not limited to, . modificLa.tiono, adddti -ono, changes, selections, furnishing, inotalling, connecting, programming, customizing, dcbugging, ooftwarc opccificd or rcquircd by thcoc opccificationno. The Contractor or -his -subcontractor proposing to perform the 1.. Hc io regularly cngagcd in thc computer based applied to industry. 2. Hc hao performcd work on systems of comparable the municipal water and wastewater at loot three prior projects. 3. Hc hao bccn actively cngagcd in thc type of work opccificd hcrcin for at 1 sat 5 ycaro. supervisc or perform thc spccificatioxzs . 5. He employs persaxxncl on thin Projcct who have successfully complctcd a manufacturcr'a training course in configuring and implcmcnting the specific computer, RTUS's, and software proposed for thc Contract. G. He mainta s a permanent, fully staffed and equipped service facility within 100 milcs of thc Projcct it work rcquircd by this Section A - SP (Revised 12/15/04) Page 19 of 26 7. He shall furnish equipment which is the product of one manufacturer to thc maximum practical extent. Where Contractor shall produce all filled out programming block required to chow the programming as the required programming block which thc City Engineer with all changes made during thc programming intended to show all of the required sheets. The Contractor will provide all programming blo used. L. Trenching Requirements All trenching for this project at the O. N. Stevens Water Tr atmcnt Plant shall be performed using a backhoc or hand digging due to the number of existing underground obstructions. No trenching machines shall be allowed on thc project. 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. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, • Section A -. SP (Revised 12 /15/04) Page 20 of 26 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: applicable Supplement information g. Contractor must mark each products, models, options, manufacturers' standard unique to this Project. copy and data to identify other data. to provide Variations: Contractor must identify any proposed from the Contract documents and any Product limitations which may be detrimental to performance of the completed work. variations or system successful h. • Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. J. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from full range of manufacturers' standard colors, textures, patterns for City Engineer's selection. 3. Test and Repair Report the and 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) the following: "Thc Contractor must comply with the City of Corp 3 Chieti' Wa Conservation and Drought Contingency Plan as amended (thc "Plan "). This changing conditions. Thc City Engineer will provide a copy of thc Plan to Contractor at the prc construction meeting. Thc Contractor will keep a copy of thc Plan on thc Project site throughout construction." Section A - SP {Revised 12/15/04) Page 21 of 26 A -38 Worker's Compensation Coverage for Projects for Government Entities Building or Construction The requirements. of "Notice to Contractors reference in this Special Provision. 'B'" are incorporated by A -39 Certificate of Occupnancy and Final Acceptance (NOT USED? The issuance of a certificate of occupancy for i provcmcnt3 does not constitute final acceptance of the improvements under Ccncral 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) Perim and hot mix paving operations must not bc conducted on days fog which -an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about oAonc alert. If a delay and the Contractor will bc compensated at thc unit price indicated in thc proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6--21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, . or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. Section A - SP (Revised 12/15/04} Page 22 of 26 The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED) Contaminants in the wade', particularly high levels of chlorine, will regulated by humorous agencies such as TNRCC, BPIF, ctc. It will bc thc The methods of dispoeal shall bc submitted to the City for approval. Thcrc shall bc no separate pay for disposal of highly chlorinated water. Contractor shall not mac thc City's sanitary sewer system for Section A - SP (Revised 12/15/04) Page 23 of 26 diopooal of oontaminatcd water. A -47 Pre - Construction Exploratory Excavations (7/5/00) (NOT USED) prior to any construction whatever on thc project, Contractor ohall 11 existing pipclin within 20 feet of p-ropooed pipclinco of the project and Contractor crooning and potentially conflicting pipeline. Contractor ohall then prepare a report and oubmit it to the City for well ao the approxim thereof reported to thc Engineer Engineer' -s approval of report. and until Contractor rccervco Exploratory cx avationo ohall be paid for on a lump oum baaio. Any pavcmcnt repair a000ciated with exploratory excavations ohall be paid for according to the c3tablithed until price of pavcmcnt patching. Contractor shall provide all hi3 on ourvcy work effort (no 3cparate pay) for exploratory cx avationo. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with 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 -11 Maintenance Guaranty, add the following: Section A - 5P (Revised 12 /15/04) Page 24 of 26 "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: AYERS MUNICIPAL SERVICE CENTER FUEL STATION RENOVATION PROJECT NO. E11096 OWNER: CITY OF CORPUS CHRISTI ENGINEER: STRIDDE, CALLINS & ASSOCIATES, INC. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING 11140 160(10 SUBMITTAL Fuel Equipment Electrical Dwg Sheets 2 through 4 Concrete Removal / Repair Shop Drawings NOTE: The above list of required submittals is for Technical Submittals only. Submittals such as construction schedule, schedule of values, etc., and closeout documents are not listed. Provide all such submittals as required by Parts "A" through "C" and Division 1 of these Specifications, Section A - SP (Revised 12/15/04) Page 26 of 26 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 15TH day of MAY, 2012, 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, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $154,175.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: AYERS MUNICIPAL SERVICE CENTER FUEL STATION RENOVATION PROJECT NO. E11096 (TOTAL BASE BID + ADD.ALT. #1: $154,175.00) 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 60 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 ATTEST: City Secretary APPROV .D AS Ti LEGAL FORM: By: Asst. City Attorney ATTEST :. (If Corporation) (Seal Below) (Note: _IfPerson signing for corporation is not President, attach copy of • u to sign)'._ ,�Prruo% ROSERIE RODRIGUEZ :'�°'��'% Notary Public, State of Texas A My Commission Expires y44M January 19, 2015 CITY OF CORPUS CHRISTI By: (-2A/c,c-- Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By: Daniel Biles, P.E. Interim Director of Engineering Services CONTRACTOR Facilit /01 tions Grou • Inc. Tit lfoe' 58 So. Padre Island Dr. (A: dress) Corpus Christi, TX 78405 (City) (State)(ZIP) 3611883 -6833 * 361/887-2129 (Phone) (Fax) By: Page 3 of 3 Rev. Jun -2010 FA CIL 1 TYS lighting> electrical' > energy > tectmelogy> signs June 18, 2012 Sylvia Arriaga Management Asst. City of Corpus Christi Engineering Dept. 1201 Leopard St. 'Corpus Christi, Tx 78401 RE: Authorization to Sign Contracts Dear Sylvia: This letter serves as confirmation Jason Zipprian, Division manager has the authority to sign contracts for Facility Solutions Group, Inc. If you have any other questions or need additional information please feel free to contact me directly. Sincerely; /7„, William Graham President Page 1 of 1 P R O P O S A L F O R M F O R AVERS MUNICIPAL, SERVICE CENTER. FUEL STATION RENOVATION PROJECT NO. E11096 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form. 1 of 8 Proposal of P R O P O S A L Fe; ; Place: C-;11 (6-1)-3 ,6 oC 6 Date: .. -Pf - la i a Corporation organized and existing under the laws of the State of 'Z )(A-S OR a Partnership or Individual doing business as 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 AYERS MUNICIPAL SERVICE CENTER FUEL STATION RENOVATION PROJECT NO. E11096 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following . prices, to -wit: Proposal Form 2 of 8 BASE BID© I II ITEM . QTY Description - Total 1 Lump Sum Replacement of existing gasoline fuel dispensers, new gasoline dispenser sumps, replacement of existing submersible tank pump feeders, replacement of all circuiting and dispenser control conductors for all fuel dispensers, new submersible tank pump controllers, new transition sump, leak detection / monitoring system including fuel tank probes, sump liquid sensors, leak detection panel, and associated conduit, conductors, and associated apparatus, in accordance with the Contract Documents complete and in place per Lump Sum u�,k'. �0 1 . $ 13 4C,`"°" 1 Lump Sum Contingency Allowance $5,000.00 $5,000.00 TOTAL BASE BID: $ 3 , 0" . —;$- d- (Bid Items BB -1 and 2) Proposal Form 3 of 8 ALTERNATE L -'ID ITEM ' <® fl 1 I II ill Ip ITEM QTY Description . Total AB -1 One (1) Lump Sum All necessary labor and materials to install. four (4) new diesel dispensers to be installed on existing dispenser sumps. Refer to Drawings and Section 11140 of these Specifications for requirements and in accordance with the Contract. Documents, complete and in place per Lump Sum. , $ I�� °. TOTAL ALTERNATE BID ITEM NO. 1: $ 1 ?S ° (Bid Item AB -1) Proposal Form 4 of 8 UMMARY TOTAL BASE BID: $ 135,00" ADDITIVE ALTERNATE BID ITEM NO. 1: Proposal Form 5 of 8 $ 17:. The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees . to do the work, and that no representations made by the City are in any sense a warranty but are mere 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 50 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 sixty (60) calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following (.addenda number) : addenda is acknowledged • Respect submitted: Name: ; -4 c.� Z-; . By: p; NATURE) (SEAL - IF BIDDER IS a Corporation) Address `, tiOgg',E tiOg 41: �t of Texas b,. Not , i* 1,�j iris My' r?j�' t �l 5 Taach bid from other papers. Fill in with ink and submit complete with attached papers. (P.O. Box) _(Street),. � `s`te r;aY�fi a � x 7 e).:� (City) (State) (Zip) tc����i;rv., '� Telephone: 3Lf- c`�•m3° �ag:d 3 Proposal Form - of 8 (Revised August 2000) Bond Issued In Four (4) Originals PERFORMANCE BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No. 0220411 99 That Facility Solutions Group, Inc. of the City of Corpus Christi , County of Nueces , and State of Texas as principal ( "Principal "), and Liberty Mutual Insurance Company , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of ONE HUNDRED FIFTY -FOUR THOUSAND, ONE HUNDRED SEVENTY -FIVE AND NO /100 U.S. Dollars ($ 154,175.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Carpus Christi (OWNER), dated the 15TH of MAY , 2012, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: AYERS MUNICIPAL SERVICE CENTER FUEL STATION RENOVATION PROJECT NO. E11096 (TOTAL BASE DID + ADD,A►LT. #1: $154,175.00) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, 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(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, onto the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation an 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. (Rev. date May 2019) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended, Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503,005, Texas Insurance Code, as amended. In witness whereof, said. Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 31 st day of May , 2012. PRINCIPAL Facility By: utions Group, Inc. Title: ATTEST: `�os�A1'144 R0SER1E 120DRIGUEZ 2z: !;�`A Notary Public, State of Texas My Commission Expires = F' January 19, 2015 4pi�F 0/ 5n�' Address: 85 S. Padre. Island Dr. Corpus Christi, TX 78405 SURETY Libe ,A, Mutual�i sur. ce _AVM By: Company At orney -fa - David B. Ward Address: 9741. Preston Rd., #304 Frisco, TX 75033 Telephone: 1- 888 -701 -2663 Fax: 972- 377 -7577 E -Mail: david@wardbonds.com Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: (Rev. Date May 2011 ) Performance Bond Page 2 of 3 Name: Kevin G. Keetch Agency: South Texas Insurance Agencies dba Keetch & Associates Address:- 1718 Santa Fe (Physical Street Address) Corpus Christi, TX 78404 (City) (State) (Zip) Telephone: 361-883-3803 E -Mail: kkeetch @keetchins.com 1 Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract, END (Rev- Date May 2411) Performance Bond Page 3 of 3 Bond Issued In Four (4) Originals STATE OF TEXAS § COUNTY OF NUECES § Y hfl ENT B O N BOND No. 022041199 KNOW ALL BY THESE PRESENTS: That Facility Solutions Group, Inc.. of the City of Corpus Christi , County of Nueces and State of Texas , as principal ( "Principal "), and Liberty mutual Insurance Company , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals. ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of ONE HUNDRED FIFTY-FOUR THOUSAND ONE HUNDRED SEVENTY -FIVE AND NO /100 U.S. Dollars ($ 154,175.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 15TH day of MAY, 2012 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: AYERS MUNICIPAL SERVICE CENTER FUEL STATION RENOVATION PROJECT NO. E11096 (TOTAL BASE BID + ADD.ALT. #1: $154,176.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, ail monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. Iri witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 31st day of May , 2012. PRINCIPAL Facilit Sf,lutions Group, Inc. t f Ii Title: d 1 sy, ATTEST: RQSERIE RQDRIGUEZ =4°/ _ Notary Public, State of Texas My Commission Expires January 19, 2015 Carpus Christi, TX 78405 Rev. Date May 2011 SURETY LiberzMutual Insurance Company B Attorney -in- : ct - David B. wand, Address: 9741 Preston Rd., #304 Frisco, TX 75033 Telephone: 1- 888 - 701 -2663 Fax: 972 --377 -7577 E-Mail: david @warclbonds . corn Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin G. Keetch Agency: South._Texas Insurance Agencies dba Keetch &.Associates Address: 1718 Santa Fe (Physical Street Address) Corpus Christi, TX 78404 (City) (State) (Zip) Telephone: 361 - 883 -3803 E -Mail: kkeetch @keetchins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 Bond No. 022041199 ' THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5015594 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. Insurance 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. MARKOVIITS, ALL OF THE CITY OF FRISCO, STATE OF TEXAS............, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its "act .and deed, any and all undertakings, bonds, recognizances and other surety in the penal sum not exceeding ONE HUNDRED MILLION"'*'"'*DOLLARS $100 ;000,000.00 " recognizances } eacti;. and the execution of such undertakings, bonds, recognizances and, :other' surety obligations, in pursuance of 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 Bonds 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 chairman 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, 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 if 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 thereinto appoint attorneys- in-fact: Pursuant to Article XIII, .Section 5. of the By -laws; Kenneth M. Koch, Assistant Secretary of Liberty Mutual insurance Company, is hereby authorized to 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. 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 Liberty Mutual Insurance Company has been affixed thereto in Seattle;". Washington this 22nd -. day of December 2010 . STATE_ OF WASHINGTON COUNTY OF KING LIBERTY MUTUAL INSURANCE COMPANY r. Kenneth M. Koch Assistant Secretary On this 22nd day of December. 2010 , before me, a Notary Public, personally came Kenneth M. Koch, 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 WHEREOF, I have hereunto subscribed my name and affixed year first above written. \,« tt i i i r trio,� P•';ssion o NOT'Al2 j.. o ®® PUBLIC • 1'����0p wAS!n \\� ormiloo By notarial seal Washington, on the .day and " 4 19 1 Public. 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:llwww.tdi.state.tx.us E -mail: ConsumerProtection @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 PERFORMANCE BOND STATE OF TEXAS COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. That Facility Solutions Group, Inc. of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ( "Principal "), and , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of ONE HUNDRED F1FTY -FO.UR THOUSAND, ONE HUNDRED SEVENTY -FIVE AND NO/100 U.S. Dollars ($ 154,175.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 15TH of MAY , 2012, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: AYERS MUNICIPAL SERVICE CENTER FUEL STATION RENOVATION PROJECT NO. E11096 (TOTAL BASE BID + ADD.ALT. #1: $154,175.00) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, 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(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the day of , 2012. PRINCIPAL SURETY By: By: Attorney -in -fact Title: ATTEST: Secretary Address: Address: Telephone: Fax: E -Mail: Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of and service �f process: (Rev. Date May 2011) Performance Bond Page 2 of 3 Name: Agency: Address: (Physical Street Address) (City) (State) (Zip) Telephone: E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES PAYMENT BOND § KNOW ALL BY THESE PRESENTS: BOND No. That Facility Solutions Group, Inc. of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ( "Principal "), and , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of ONE HUNDRED FIFTY -FOUR THOUSAND, ONE HUNDRED SEVENTY -FIVE AND NO /100 U.S. Dollars ($ 154,175.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 15TH day of MAY, 2012 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: AYERS MUNICIPAL SERVICE CENTER FUEL STATION RENOVATION PROJECT NO. E11096 (TOTAL BASE BID + ADD.ALT. #1: $154,175.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the day of , 2012. PRINCIPAL SURETY By: By: Attorney -in -fact Title: ATTEST: Secretary Address: Address: Rey. Date May 2011 Telephone: Fax: E -Mail: Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County; Texas, for delivery of and service of process: Name: Agency: Address: Telephone: E -Mail: (Physical Street Address) (City) (State) (Zip) Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 SUPPLIER NUMBER TO BE ASSIGNED BY tTTY- PURCHASING DIVISION City of Corpus • Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTE ST 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: C,Ctlt1` (.1101";,;4 6icec3 CITY: FIRM IS: I. Corporation 2. Partnership 4. Association 5. Other 0416 ,.; • ZD: 7s 3. Sole Owner 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 PI/A- 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 tv/ii Title 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 off g 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 7 of 8 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 I 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 the City of Corpus Christi, Texas as changes occur. Certifying Person: CASUt 12t,pp,-,,yd Title: 0 F If: S f (If 6. r' -r e- (Type or Print) P d / Signature of /7 Date: Person; ill II t/ DEFINITIONS- 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. c. "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." g. "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. Proposal Form 8of8 ACCORD® THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDTYYYY) 5/31/2012 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy((ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Peter Mulcahy Independent Insurance Group 3010 LBJ Freeway Ste. 920 Dallas TX 75234 -7004 CO E: Diana Allred PHONE INC. No Extl :972 - 231.8277 ADAREss:dianaa.@indinsgrp.com FAX (NC, No): INSURER-(S) AFFORDING COVERAGE NAIC # INSURED Facility Solutions Group, Inc. See Named Insureds below 4401 Westgate Blvd, Suite 310 Austin TX 78745 -1494 INSURER A:TRAVFLFRS LLOYDS INS CO INSURER E :Travelers Indemnity Company INSURER c :Travelers Property Casualty Company INSURER D :Underwriters At LIDVds London 41262 INSURER E :Starr Indemnity & Liab Cp INSURER F : 5658 55-74 5792 8318 COVERAGES CERTIFICATE NUMBER: 531147392 REVISION 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. NOTW)THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR • TYPE OF INSURAN ADDL INSR SUBR yWD POLICY NUMBER POLICY EFF SMMDDlYYYY) POLICY EXP (MMIDDIYYYYL LIMITS C GENERAL LIABILITY VTC2J- CO- 131J8737 10/1/2011 10/1/2012 EACH OCCURRENCE 01,000,000 01,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occur° CLAIMS -MADE X OCCUR nce] MED EXP (Any one person) $10,000 $1,000,000 02,000,000 X Contractual Liab PERSONAL & ADV INJURY X XCU GENERAL AGGREGATE GENII_ AGGREGATE LIMIT APPLIES PER: . PRODUCTS - COMP /OP AGG 02,000,000 7 POLICY X JEeL X LOC $ C C AUTOMOBILE LIABILITY VTC2J- CAP- 131J8749 BAP131J8750 (Phys Dmg) 1011/2011 10/1/2011 1011!2012 10/1/2012 t.`tiA0i1FFEU SINGLE LIMI I (Ea accident) $1 000 000 $ X _ X X ANY AUTO OWNED BODILY INJURY (Per person) ALL AUTOS HIRED AUTOS CamplColl $1 X SCHEDULED AUTOS NON•OWNEO AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ E X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE SISCCCL01603211 1011/2011 101112012 ® ` EACH OCCURRENCE $5,000,000 AGGREGATE Follows Form $5,000,000 $ DECO X RETENTION$N1A g C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N VTC2K- UB- 8355N839 VTRJ- U3- 0923P941 (AZ) 10!1!2011 1011/2011 10/1/2012 10/1/2012 �//' X WC STATU- TORY LIMITS OTH- ER ANY PROPRIETORIPARTNERIEXECUTNE OFFICER /MEMBER EXCLUDED? N N) A E.L. EACH ACCIDENT $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE 01,000,000 $1 000,000 E.L. DISEASE - POLICY LIMIT A 0 Instalabon Floater Leased /Rented Professional Liab QT 630 0502P347 QT6300502P347 PFSG00211 10/112011 10/112011 1011/2011 1011)2012 10/112012 10/1/2012 Blanket $500,000 Blanket $500,000 ./ OccurlAggre Limits 02,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES {Attach ACORO tot, Additional Remarks Schedule, it more space is required) Named Scheduled:FSG Electric; FSG Lighting;FSG,INC.;GB Realty Management, LLC;801 Richfield Partnership,LLC;Sign Tech International;Design Electric, Inc. .O6 . F11a0 ;.yers'....a E; ,. t .k . . pl. : V" The general Ilabiiify and auto policies includes a blankef automaffc additional insured endorsement that provides additional insured status to See Attached... CERTIFICATE HOLDER City of Corpus Christi Engineering Services Department Attn: Contact Administrator PO BOX 9277 Corpus Christi TX 78401 ACORD 25 (2010105) CANCELLATION 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 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A+C© AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 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 15 A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE. CERTIFICATE OF LIABILITY INSURANCE the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The general liability policy contains a special endorsement with 'primary and noncontributory" wording. The general liability, auto liability & worker's compensation policies include a blanket automatic waiver of subrogation that provides this feature only when there is a written contract between the named insured and the certificate holder requires it. The general liability, auto liability & worker's compensation policies include a blanket notice of cancellation to certificate holders endorsement providing. for 30 days advance notice if the policy is canceled by company other than.for nonpayment of premium, 10 days notice after the policy canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured request cancellation. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: VTC2J- CO- 131J8737- TIL -09 GENERAL PURPOSE ENDORSEMENT BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: 7 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 an this Coverage 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 organization by the use of: i. The Additional Insured - Owners, Lessees or Contractors - (Form B) endorsement. CG 2010 11 95; or ii. The Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 2010 10 01 and the Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 2037 10 01; the person or organization is an additional insured only if the injury or damage arises out of your work" to which the "written contract requiring insurance" applies. b) If the "written contract requiring insurance" specifically requires you to provide additional insured coverage to that person or organization by the use of i. The Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization endorsement CG 2010 07 04 and the Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 2037 07 04; or ii. The Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 2010 and the Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 2037, without 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 omissions of you or your subcontractor in the performance 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 additional insured only if, and to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor 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 respect to the independent acts or omissions of such person or organization. CG T8 00 Page 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: VTC2J- CO- 1313B731- TIL -09 GENERAL PURPOSE ENDORSEMENT BLANKET ADDITIONAL INSURED (CONTRACTORS) 2 The insurance provided to the additional 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 insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance ". This endorsement shall not increase the limits of insurance described in Section III - Limits Of Insurance. b) The insurance provided to the additional insured does not apply to "bodily injury ", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders 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 insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations 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 loss, 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 insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such "other insurance ". CG T8 00 Page 2 • a • 0 ••■• a!' 000008 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: VTC2J -CO -131 J8737-TI L-09 GENERAL PURPOSE ENDORSEMENT BLANKET ADDITIONAL INSURED (CONTRACTORS) 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 "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: i. 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 ii. 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 defense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in Paragraph 3. above. 5 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 organization as an additional insured on this Coverage 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 contract or agreement by you; and b. While that part of the contract or agreement is in effect. CG T8 00 Page 3 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY V/ BLANKET ADDITIONAL INSURED (CONTRACTORS) This en orsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO 15 AN INSURED - (Section 11) 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 8) en- dorsement CG 2010 11 85; or H. 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 er 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 ii. 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 additional 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 D6 04 0510 © 2010 The Travelers indemnity Company Page 1 of 2- COMMERCIAL GENERAL LIABILITY i. 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 lo 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 work" 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 loss, 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: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and Ili. 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 file specifics of the claim or "suit" and the date received; and ii. 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 loss 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. 5. 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 © 2010 The Travelers Indemnity Company CG DB 04 05 10 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 1. 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. Broadened Named Insured B. Extension of Coverage — Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased -to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured -- Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension of Coverage — Bodily Injury G. 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 11) 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. M. N. B. 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 Personal Injury — Assumed by Contract 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. 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 111) 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 "; Page2of6 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 I — 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 ADDMONAL 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 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 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 af, 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 ". I. 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) Page 4 of 6 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. If 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 is added to DEFINITIONS (Section V): "Other insurance ": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: 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 I — 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 D3 16 07 04 L. 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. 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 I — Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section 1— Coverage A — Bodily In- jury And Property Damage Liability, or the provisions of Paragraph 2.e.(1) of Section I -- 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 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 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 acts 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 - tencontract, 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 • • EINEM yiWYN MEM C.a o;= m oeffig 002520 /re, 0147- eht,- /3e g94q COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE PQLICY_ PLEASE READ IT CAREFULLY. BUSINESS AUTO 'EXTENSION ENDORSEMENT This a dorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the pravlsic cis of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, 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 extent that coverage is Excluded or limited by such an endorsement. The Mowing listing is a general cover - age description only. Limitations and eacctusions 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. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED L1Idl11S F. HIRED AUTO -- LIMITED WORLDWIDE COVERAGE - Worm NM( BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Whc 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 180th 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 AA., Who IS An :Insured. of SECTION'S — LlllwF.tHL1'HV COVFRAGE7 Any person or,organizatron Who is.required under a waitron contract or agreernent between you and that person or organization, that is signed and H. HIRED AUTO wawa'. ICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L NOTICE MD KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS .0410ted by you bore tie *belt'* irnjury" or 1004 t a rage : furs end that is in •leffent . during •tire ;policy pieriod, to :Ere named ss an addi- tjorlai insured to aq: ' in suired" for :Liatility. Cover, age, but Only for acing to rnillitch this:insuranoo .this appllles and only to the extent that person or or- ganization qualifies as an ''Instrred" under the Whe-b Aria land.prOvislentoritakted in Section C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 - LI- ABILITY COVERAGE` An "employee" of yours is an "insured" while Operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness_ CA T3 S3 06 09 4;200911e Travelers Companies, Inc. includes the copyrighted material of Insurance services Office. Inc. with its permission. Page 1 of 4 COMMERCIAL AUTO 2. The following replaces Paragraph b.. in B.5., Other Insurance, of SECTION 1V - Suet- NESS AUTO CONDITIONS: b. For Hired Auto Physical Derriage Cover- age, the following are deerned to be cov- ered "autos" you awn: (1) Any coveted "auto' you lease, hire. rent or borrow,, and (2) Any covered °auto" hired nr rented by your "employee" under a contract In that individual "employees" name. with your pemnission, while pertotrrt- ing duties related to the conduct of your business. However, any "auto" that is teased, hired, rented or borrowed with a driver is not e covered 'auto'. D. EMPLOYEES AS INSURED The following is addeo lo Paragraph Al., Who Is An Insured, of SECTION II - LIABILITY COV- ERAGE: Any "employee" of yours is an Insured" while us- ing a covered "auto" you dont ovum., hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS - INCREASED LI MITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II - LIABILITY COVERAGE: (2) Up to $3,000 for coat of bail bendh (in- clueing 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 11-- LIABILITY COVERAGE: (4) All reasonable expenses incurred by the Insured" at our request, including actual toss of earnings up to $500. a day be- cause of time off from work. F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS The following .replaces Subparagraph e. In Para- graph B.T., Policy Term, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, BOW barg), or similar regulation imposed by the United States of America applies to and pro- Mars •tne iransat tion of business with or 10 within such country or juriisdioipn, for Uabllity Coverage for any covered 'auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or Iess and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members. (if you are a Walton liuhlllly company) or members of their house - holds. (:I). 'Mtn respect to any claim made or "suit" brought outside the United Stales- of Americas; the territories and possessions of the United Slates 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, . pa r- 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 "property damage" to wlhi.ch this insurance applies, that the "insured" pays with bur consent, but only up to the Gaul described in Paragraph C., Limit Of Insurance, of SECTION II - LIABILITY COVERAGE; 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 Dally up to and included within the limit de- sonuea In Paragraph C.; Unlit Of Insurance, 01 SECTION tl el - LIABILITY COVERAGE, Page 2 of 4 2009 The Travelers Contperries, Inc. CA T3.53 06 09 tnsiudes the copyrig hied material of Insurance Services Office, Inc - with Is permission. • WMIMMIM c CAME -� 0= • 0020.10 fa) (3) and not in addition to such limit. Our duty to Make such, payments ends when we have used up the applicable limit ofinsurance in payrn rns for damages, settlements or defense expenses. This insurance is excess over any valid and collectible other insurance available to the 'Veered" remitter primary, excess contingent or on any Other basis. This insurance is note substitute for re- quired or oompulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain ail. required or compulsory insurance in any. Sutit crtun- try up to the minimum limits required by local law. Your failure to comply 'kWh 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 co.mpuisoryr in- surance requirements, 14) 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 lows of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph D., beducti- ble, of SECTION 111 PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage If the glass is repaired rather titan. 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 III - 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 ". CA T3 53 06 00 CQMM RCIAL AUTO PHYSICAL DAMAGE - TRANSPORTATION EXPENSES INCREASED LIMIT The following replace the first sentence in Para- graph A 4.ai., Transportation Expenses, of SEC- TION 11I- PHYSICAL DAMAGE COVERAGE: We will pay ap to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- er'ed "auto" of the private passenger type. PERSONAL EFFECTS The following is ended to Paragraph A.4., Cover- age Eictensions, of SECTION III = PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to 5400 for "foss!' to wearing ap- parel and other personal effects which are: Owutd by an "insured "; and (a) In or on your covereu "aain ". This coverage applies only in the event of a total theft of yoer covered - auto ". No deductibles apply to this Personal Effects coverage. AIRBAGS The following is added to Paragraph 13.3-, Exclu- sions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Effusion 3.a. does not apply to ''loss" to one or more airbags in a covered "auto" you own that In- flate due to a cause other titan a cause of 'loss" set forth in Paragraphs A.1.b. and A,1.c , but only: a. 11 that "auto" is a covered "auto" for Cornpre- hehsive Coverage under this policy; b, The airbags are net covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay tip to a maximum of $1,000 for any one "loss"_ NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following Is added to Paragraph A.2.a., of SECTION IV - BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prorrrpt pollee of the "acrident" or Nose ap- plies only When the "accident" or "loss" is known lo: fa} You (if you are an individual); The T revelers Companies, Inc. Page 3 of 4 Indudes the copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO (b) A partner (if you are a paitherehIP); (0) A Mtenber (if you are a Mined liability com- pany); (d) An executive officer. direetOr Or insurance manager (if you are a corporation or other or- ganization); or le) Any "employee!' authorized by youto give no- tice of the "accident" or "loss". M_ 'BLANKET WAIVER OP SUBROGATION The fotlowirtb rePlaces .ParagroOti A.L, Trartarel Of Rights Of Recovery Againtd:Others toi Us of SECTION IY - 'BUSINESS AUTO CONDI' TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovely we may have. against ally person or °Wapiti:Alen to the ex- lent. .required or 1011 by a written contract signed one 'exceoled .prior to Etriy a�kjnr °MOW:. !ortividedtivAtitietccidarjr. or linse 406$ tart af Operations etititeltdated tt# zuo,contniet.ltieliroWir:00104..401 Per** or :011111hi20liori designated in $0 04644 N. UNINTENTIONAL ERRORS OR OMISSIONS The following is. added to Paragraph B-2., Con- cealment Misrepresentation, Or Fraud, of sEanorit IV - BUSINESS AUTO CONDITIONS! The unintentional omission of, or unintentional error in: any information given by you shall not prejudice your eights under this insurance. How- ever this provision does not effect our right to oi- led additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 IP 2009 The Trays:11ns Companies,. Inc. OA T3 S3 06 06 includes the nopOglited iy4tettial orIriJane SetVites Office. Inc. nth its Nrmission. • Qr X30 a.SD o2 /0,3 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET LOSS PAYEES COMMERCIAL INLAND MARINE This endorsement modifies insurance provided under the IM PAK COVERAGE FORM. The following is added to Section E — ADDITIONAL COVERAGE CONDITIONS: Loss Payable Provision in the event of a Covered Cause of Loss to Covered Property in which both you and a Loss Payee share an insurable interest, we will: a. Adjust the loss or damage with you and CM TS 6©0110 b. Pay any claim for Toss or damage . jointly to you and the Loss Payee as your interests may ap- pear. This endorsement applies to all Covered Property for which a Loss Payee is on file with us or your insur- ance agent or insurance broker. 0 2009 The Travelers Indemnity Company Includes copyrighted material of Insurance Services Orrice, Inc. with its permission. Page 1 of 1 rrWag Chommate Ci • •■ wiloWwww aaeaa <' MEM • 0010 DO POLICY NUMBER: QT- 63o- o5o2P347- TLC-11 ISSUE DATE: 10 -25 -11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: NONRENEWAL: Number of Days Notice of Cancellation: 30 Number of Days Notice of Nonrenewal; 30 PERSON OR ORGANIZATION; CITY OF CORPUS CHRISTI: DEPARTMENT OF ENGINEERING SERVICES ADDRESS: P . 0 , BOX 9277 ; ATTN : CONTRACT ADMINISTRATOR CORPUS CHRISTI, TX 78469 -9277 PROVISIONS: A_ If we cancel this policy for any statutorily permit- ted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancel- lation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effedive date of can- cellation. B. If we decide to not renew this policy for any statu- torily permitted reason, and a number of days 15 shown for nonrenewal in the schedule above, we will mail notice of the nonrenewal to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewal in the schedule above be- fore the expiration date. IL T4 0012 09 02009 The Travelers Indernnityy Company Page 1 of 1 r Cirionorr as NIN■ 0[1[162'5 POLICY NUMBER: VTC2J -00 -1 31 J8737- TIL -11 ISSUE DATE :i0 - 28--11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION /NONRENfWAL PROVIDED BY US - TEXAS This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY COMMERCIAL 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): Nurnber of Days Notice: 60 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 en- dorsement applicable to this insurance, is in- creased to the number of clays shown in the SCHEDULE above. ILP0250998 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. Copyright, The Travelers Indemnity Company, 1998 Page 1 of 1 POLICY NUMBER: VTC2J-CAP -131 J8749- TTL -11 ISSUE DATE:10 -26-11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. r V EARLIER NOTICE OF CANCELLATION /NONRENEW AL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: 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. ILT3200997 Number of Days Notice: 60 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 (Nonrenewai) 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 TRAVELERS ONE TOWER SQUARE HARTFORD, CT 06183 / WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 10 ( A) POLICY NUMBER: (VTc2KUB- 8355N83 -9 -11 ) AMENDED CANCELLATION CONDITION ENDORSEMENT We agree that Part Six, D. Cancellation, item 2 of the policy, is amended as follows: We may cancel or nonrenew this policy by mailing or delivering to you at the address shown on the Information Page written notice stating 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 other cases, such cancellations shall be effective. SCHEDULE NUMBER OF DAYS 60 DATE OF ISSUE: 10 -28 -11 ST ASSIGN: TIPAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) -01 POLICY NUMBER: (VTC2KUB- 8355N83 -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 ST ASSIGN: TRAVELERS ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 0313 (00) -01 POLICY NUMBER: (VTC2KUB- 8355N83 -9 -11 ) 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 MI 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 WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO Lt)55 TO FURNISH THIS WAIVER DATE OF ISSUE: 10 -28 -11 ST ASSIGN: a= OIMMEm �•r r.■I■ a= 0 0031 e7 TRAVELERS 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 El Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. 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