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HomeMy WebLinkAboutC2012-245 - 6/12/2012 - Approved(Revised 7/5/00) LIFT STATION REHABILITATION 2011 - EVERHART AND STAPLES LIFT STATION AND PADRE ISLAND SECTION 4 LIFT STATION Project No. E10142 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 SECTION 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 Construction Project Layout and Control A -20 Testing and Certification A 21 Project Signs (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds A 25 Sales Tax Exemption NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29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 Facilities Special Requirements (NOT USED) A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Certificate o-f -Occupaney and Final Aeeeptanco (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) A -46 Disposal of Highly Chlorinated Water (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amended "Maintenance Guaranty" (8/24/00) A -50 Technical Special Provisions A -51 Contaminated Soils A -52 Fences A -53 Protection of Public and Private Property A -54 Security - A--55 Access Roads A -56 Parking A -57 Amended Prosecution and Progress A -58 Noise Control A -59 Dust Control (NOT USED) - TECHNICAL SPECIAL PROVISIONS PART 8 - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 026210 - Polyvinyl Chloride Pipe 027604 - Disposal of Waste from Sanitary Sewer Cleaning Operations 030020 - Portland Cement Concrete 032020 - Reinforcing Steel 038000 -- Concrete Structures PART T - TECHNICAL SPECIFICATIONS 5A1[1] - Structural Steel and Other Metals 9J1[5] - Coating of Concrete Walls 9K1[1] - Painting Yard Piping 11B5[6] - Dry Pit Submersible Pumps 13C1[1] -- General Requirements 13C2 - Modifications /Rehabilitation for Everhart and Staples Lift Station 13C3 - Modifications /Rehabilitation for Padre Island Section 4 Lift Station 15C2[1] - Ductile Iron Pipe and Fittings 15D3[1] - Plug Valves 15D4[13 - Check Valves 15D5[1] - Check Valves (Oil Cushion Check) 01011 - Equipment Documentation Requirements 13980 - Pump Controls 16010 - General Requirements 16170 - Grounding and Bonding 16402 -- Electrical Wiring Systems 16410 - Enclosed Switches and Circuit Boards 16450 - Enclosed Adjustable Frequency Controller 16461 -- Dry Type Transformers 16470 - Panel Boards 16980 - Level Transmitter LIST OF DRAWINGS 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: LIFT STATION REHABILITATION 2011 - EVERHART AND STAPLES LIFT STATION AND PADRE ISLAND SECTION 4 LIFT STATION, PROJECTED. E10142, consists of the rehabilitation of two lift stations which requires control of flow, the replacement of pump bases, dry pit submersible pumps, suction /discharge piping, fittings, pump control panels, main electrical disconnects, plug valves, check valves, and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents, will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, April. 18, 2012 , and then publicly opened and read. Any'bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for Wednesday, April 11, 2012 beginning at 10:00 a.m. The pre. -bid meeting will convene at Department of Engineering Services, Main Conference Room1 3ra Floor, City Hall, 1201 Leopard St., Corpus Christi, Texas and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. 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. Flans, 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/ Dan Biles, P.E. Director of Engrg. Services /s/ Armando Chapa City Secretary Revised 7 /5/00 NOTICE TO CONTRACTORS - NOTICE TO CONTRACTORS r- A INSURANCE REQUIREMENTS Revised MarCh, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE Or 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 S. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT ' AUTOMOBILE LIABILITY - -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT , WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 ©The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ❑The name of the project must be listed under "description of operations" on each certificate of insurance. ❑For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. . The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 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 Iaer 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 ofthe 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 ofthe 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; (13) 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; Page4ofll (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work -on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be .provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of . this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: • (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension ofthe 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 ofthe 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 whore 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 1.1 (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, §406A97(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 7288110.110 0)(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 an 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 T28S 110.114(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- 82, TWCC -83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent . contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food /beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9of11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. C. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the . duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided forall 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. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self= Page 10 of11 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 SECTION A SPECIAL PROVISIONS 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, April 18, 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 - LIFT STATION REHABILITATION 2011 - EVEREART AND STAPLES LIFT STATION AND PADRE ISLAND SECTION 4 LIFT STATION, PROJECT NO. E10142 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non - responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Wednesday, April 11, 2012 , beginning at 10:00 a.m. The pre -bid meeting will convene at the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. If requested, a site visit will follow the meeting. 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 This project consists of the rehabilitation of two lift stations which requires control of flow, the replacement of pump bases, dry pit submersible pumps, suction /discharge piping, fittings; pump control panels, main electrical disconnects, plug valves, check valves and miscellaneous items'of work required to complete project in accordance with plans, specifications and Contract Documents. A -4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: 1. Total. Base Bid (Bid Items Part A through Part B) 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. Section A - SP (Revised 9/18/00) Page.1 of 25 Explanation of Measurement and Payment 1. Bonds & Insurance: This item will be measured as a lump sum and shall include the bonds and insurance required by the Contract Documents. One hundred percent of this item will be due on the first approved monthly pay estimate. Contractor shall provide document to show cost incurred. 2. Move In and Move Out: This item will be measured as a lump sum. Fifty percent of this item may be requested on the first approved monthly pay estimate and the remainder will be due on the final estimate when all work has been completed. 3. Header Replacement: This item shall be measured as a lump sum. This item shall include all work required for this item as described on the drawings and specifications to construct the improvements, and not measured under another bid item, . complete in place, as outlined in the plans and contract documents. 4. Dry Pit Submersible Jockey Pump: This item shall be measured as a lump sum and shall include materials and equipment required to complete this part of the identified in the plans and specifications. 5. Electrical: This item shall be measured as a lump sum and shall include materials and equipment required to complete this part of the identified in the plans and specifications. 6. Control of Flow: This item shall be measured as a lump sum and shall include materials and equipment required to complete this part of the identified in the plans and specifications. 7. Wet Well Cleaning: This item shall be measured as a lump sum and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. 8. Replace (2) Two Pumps: This item shall be measured as a lump sum and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. 9. Fence and Gate Repair: This item shall be measured as a lump sum and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. 10. CMtJ Wall Repair: This item shall be measured as a lump sum and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. all labor, project as, all labor, project as all labor, project as 11. Wet Well Hatch Repair: This item shall be measured as a lump sum and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. 12. Mandatory Wet Well Repair Allowance: Contractor shall insert the figure noted in his bid proposal. This item shall be used for repairs to the wet well structure. The wet well will be inspected after it has been cleaned. If repairs are necessary, payment shall be negotiated and must be approved by the Engineer. Section A - SP (Revised 9/18/00) Page 2 of 25 13. Mandatory Utility Allowance: Contractor shall insert the figure noted in his bid proposal. This item shall be used for unforeseen circumstances. Payment shall be negotiated for each circumstance and must be approved by the Engineer. 14. Items Not Listed on the Proposal: Items of work not listed on the Proposal Form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be no separate payment. Their cost should be included in the appropriate bid item. Any item required on the plans and contract documents shall be paid under the appropriate bid which covers the item. 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 Lift Station Rehabilitation 2011 - Everhart and Staples Lift Station and Padre Island Section 4 Lift Station Project No. E10142 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 180 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. The Contractor shall work on the Everhart and Staples Lift Station first and then work on the Padre Island Section 4 Lift Station. Days Allocation for Rain The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Storm Water Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 180 Calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each item, as described above. After Contract Award and pre- construction meeting is held, 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, $500 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 Section A - SP (Revised 9/18/00) Page 3 of 25 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 from the monthly pay estimate. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non- responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section 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 heavy construction shall apply. When conflict in wage ratco, the higher of the ratco ohall prevail. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60,00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all Section A - SP (Revised 9/18/00) Page 4 of 25 subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half in excess of 40 holidays. (See Hours . ) times the specified hourly wage must be paid for all hours worked hours in any one week and for all hours worked on Sundays or Section B -1 -1, Definition of Terms, and Section B -7 -6, Working 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 1- 800 - 344 -8377, the Lone Star Notification Company at 1- 800 - 669 -8344, and the Verizon Dig Alert at 1 -800- 483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer Consultant - Urban Engineering Mark Maroney, P.E. Traffic Engineer Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP SEC / A T & T Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) CenturyTel ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) 826 -3500 826 -3500 854 -3101 826 -35.40 886 -2600 826 -1881 826 -1800 885 -6900 826 -1875 826 -3461 826 -1940 1- 877/373 -4858 (826 -1888 after hours) (826 -1818 after hours) (885 -6913 after hours) (826 -3140 after hours) 881 -2511 (1- 800 - 824 -4424, 826 -1946 826 -3547 857 -5000 (857 -5060 after hours) 887 -9200 (Pager 800 - 724 -3624 225/214 -1169 (225/229 -3202 (M) 881 -5767 (Pager 850-2981) 512/935 -0958 (Mobile) 972/753 -4355 after hours) 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 Section A. - SP (Revised 9/18/00) Page 5 of 25 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. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the Standards and Practices as adopted available through the City's Traffic secure the necessary permit from the All coats for traffic control arc payment will be made to Contractor. City of Corpus Christi's Uniform Barricading by the City. Copies of this document are Engineering Department. The Contractor shall City's Traffic Engineering Department. considered subsidiary, the° =tee, no direct 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 top soil. "Clean" dirt Top soil 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. Section A - SP (Revised 9/18/00) Page 6 of 25 A -17 Field Office (NOT USED) chairs. The Contractor shall move the field office on the site as required by the Contractor. There is no separate pay item for the field office. A -18. Schedule and Sequence of Construction Work is to be performed in the following sequence: 1. Everhart and Staples Lift Station 2. Padre Island Section 4 Station The Contractor shall submit to the City Engineer a work plan based only on working 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 also 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 for the entire project. 4. Re- Submission: Revise and resubmit as required by the, City Engineer. 5. Once a Month Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: a. The schedule of construction shall be structured to meet all requirements of Section A -6 "Time of Completion" and as noted above. b. The schedule of construction shall not conflict with any provision of the Contract Documents and also that when the Owner is having other work done, either by contract or by their own force, the Engineer may direct the time and manner of constructing the work done under this Contract so that conflict will be avoided and the construction of various works being done for the Owner will be harmonized. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. The Contractor will furnish all lines, slopes and measurements for control of the work. Section A - SP (Revised 9/18/00 Page 7 of 25 hours notice so that alternate control points can be established by the City or points or bench marks damaged as a result of thc Contractor's negligence will bo Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. paving process. Also, the City or Consultant Project Engineer may require that tho Said compliance certification shall be provided and prepared by a third party independent Registered Professional Land Surveyor (R.P.L.S.) licensed in thc State. approved by thc City prior to any work. Any discrepancies shall be noted by the Ctrccta: • All curb returns at point of tangency /point of circumference + Curb and gutter flow line both aides of street on a 200' interval Wastewater: • All intersecting lines in manholes + All top of valve boxes • Valve vaults rim Water: • Ctorm Water: • All rim /invert clevaileas—atmanheles 4 All intcrsccting lints in manholes ee A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the Engineer Consultant. 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. SCHEDULE OF TESTING BY THE CITY: (NOT USED) Section A - SP (Revised 9/18/00) Page 8 of 25 SCHEDULE. OF TESTING BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing firms laboratory personnel, in the general manner indicated in the Specifications. Engineer shall determine the exact time, location, and number of tests, including samples. Arrangements for delivery of samples and test specimens to the testing firm's laboratory will be made by Owner. The testing firms laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and shall furnish a written report of each test. Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor shall interrupt the Work when necessary to allow testing, including sampling, to be performed. Contractor shall have no claim for an increase in Contract Price or Contract Times due to such interruption. When testing activities, including sampling, are performed in the field by Engineer or the testing firm's laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than 10 days before offsite inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of their duties. The inspection organization will submit a•written report to Engineer, with a copy to Contractor, at least once each week. The Contractor must provide all applicable certifications to the Engineer Consultant. A -21 Project Signs (NOT USED) Ccction 021010 of the standard Specifications. The signs must,be installed before Contractor. The leeation of the signs will be determined is the field by the Engineer Consultant. 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, Section A - SP (Revised 9/18/00) Page 9 of 25 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). 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 50.00 of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45% 15% Section A - SP (Revised 9/18/00) Page 10 of 25 b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to Submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the work is completed. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 96.) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be 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." Section A - SP (Revised 9/18/00) Page 11 of 25 A -25 Sales Tax Exemption (NOT USED) Ccction B C 22, Tax Exemption Provision, is deleted in ito entirety and the Public is of Texan. If the Contractor elects to operate under a separated contract, he ohall: 2. Identify in the appropriate space on thc 'Fgtatemcnt of Matcrialo and Other into the Project. 1. Provide thc City with copico of material invoices to substantiate the propooal value of matcrialo. If the Contractor dots not elect to operatc under a separated eentract, he mgt pay complies with thc above requirements. The Contractor mutt ioouc a resale certificate to his nupplicr. A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section 8 -6--11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: '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 Section A - SP (Revised 9/18/00) Page 12 of 25 the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims aragraph (a) Ccneral Liability of Section E 6 11 of thc Ceneral Provioionn is amended to include: the Contract up to and including thc date thc City finally accepts thc Projoet or work. Contractor must pay all coots neccnnary to procure such insurancc coverage, including any deductible. The City must be named additional inured 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. Section A - SP (Revised 9/18/00) Page 13 of 25 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 the day -to -day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not necessarily limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foreman, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foreman 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 or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: 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 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 Section A - SP (Revised 9/18/00) Page 14 of 25 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 [Ender "General Provisions and Requirements for Municipal Construction Contracts" B- 8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract° Requirements Under "General Provisions and 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. Section A - SP (Revised 9/18/00) Page 15 of 25 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 -3S City Water Facilities: Special Requirements (NOT USED) A. Vioitor /Contractor Orientation Prior to performing work at any City water facility, the Contractor, his subcontractoro, and ach of their employcco must have on their peroon a valid card certifying their prior attendance at a Visitor /Contractor Cafcty Orientation Program conducted by thc City Water Department Dcroonncl. A Visitor /Contractor Cafcty Orientation Program will be offered by authorized City Water Department perconncl for thooc peroona who de not have such a card, and who dcoirc to perform any work within any City water facility. For additional information rcfcr to Attachment 1. C. The Contractor shall not ata-t, operate, or atop any pump, motor, valve,- roster a.aility at any time. All ouch item must be operated by an operator or other authorized maintenance employee of the City Water Department. Protection of Water Quality times. The Contractor shall pro-tcct thc quality of thc water in thc job protect thc quality of the water. D. Conformity with ANBT /NSF Standard 61 A21 matcrialo and equipment uocd in the repair, 0-e. rcaoocmbly, item , which could come into contact with potable water, muot conform to thread compounds, coating°, or hydraulic equipment. Thcac itcma muat not prior to use. • Section A - SP (Revised 9/18/00} Page 16 of 25 contact with potable watcr. All traoh generated by the Contractor or his employcco, agcnta, or aubcontractoro, -must he eeirtarxed at all timeo at the water facility - arcao cl an at all timco and remove all trash daily. F. Contractor'o peroonn.cl must ar catered- uniform overaIle ethcr than and individual cmploycc identification. C. Contractor ohall - previde telepbencs fer Centraeter pereennel. Plant tcicphonco arc not available for Contractor use. H. Working houro will be 7:00 A.M. to 5:00 P.M., Monday thru Friday. provide own sanitary facilities. by City Watcr Dcpartmcnt staff. 7111 Contractor vehleles must be -clearly labeled with company name. No private cmploycc vchicico are allowcd at Q. Stevens Water Treatment Plant. All peroonnel muot be in company vchicico. During working hours, contractor employees must not 1 avc the for required work or ao directed by City Watcr Dcpartmcnt personncl during cmcm:geney evacuation. ACQUISITION) Any work to the computcr baocd monitoring and control syatem -must be performed only by qualified tcchneal and oupervioory peroonnel, a debugging, calibrating, or g3ae -ing in operation all hardware and /or muot be able to dcmonstratc.thc -fellowing: 1.. He is regularly engaged in the computcr based monitoring and complexity ao required ice..thIs Centract on at leaot thrcc prior projects. 3. He hao been actively engaged is the type of work opeeified herein for at 1 ant 5 y aro. 4_ Engineer, or an Electrical Engineer to oupervioe er performs- the work required by thio opccificationo. Section A - 5P (Revised 9/18/00} Page 17 of 25 G. He maintains a permanent, fully staffed and equipped service facility within 400 miles of the Project cite to maintain, repair, calibrate, and program the systcmo specified-herein. 7. He shall furnish equipment which is thc product of one manufacturer to thc maximum practical extent. Where this is not practical, all equipment of a given typo will bc thc product of one manufacturer. be aced in evaluating which Contractor or oubcontractor programo thc new work for thins Project. 9. The Contractor shall produce all filled out programming blocks required to show thc programming as needed and required, to add requxca to bc filled in and given to thc City Engineer with all an example and in not intended to ;Show all of the required ,shceto. L. Trenching Requirements oha.11 be performed using a backhoc or hand digging duc to thc number of on the 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. The Engineer will retain six sets (seven if electrical) for distribution to City staff, inspector and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub- contractors, etc. b. Reproducibles: 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, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Section A - SP (Revised 9/18/00) Page 18 of 25 g• Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. .h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. T Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report: When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for 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" Under "General Provisions and Requirements for Municipal Construction Contracts ", B- 6-15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended .(the "Plan "), This includes implementing water conservation measures established tor changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre- construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- perishable materials delivered to the Project worksite, unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Section A - SP (Revised 9/18/00) Page 19 of 25 Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at thc unit A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (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. (6) Horizontal and vertical dimensions of existing utilities affected, crossed or found during the construction. A -46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED) The Contractor shall be responsiblc for thc diopo3al of water used for tooting, particularly high levels of shlerinc, will be uocd for dioinfcction, and may exceed Section A - SP (Revised 9/18/00) Page 20 of 25 _.nposal of all water uccd in the project. The methods of dioponal A -47 Pre - Construction Exploratory Excavations (7 /5/00) (NOT USED) excavate and expose all existing-utilities of the project that crown the proposed horizontal and vertical leeatienn O.C. Contractor ohall then prepare of said parallel pipelines at 00 fcct maximum a report and submit it to thc City for approval station thereof, distance to the pavement centerli c and elevatiens of the top of existing utilitico. thc Engineer and until Contractor rcccivo0 Enginccr'o approval of report. form. Contractor shall provide all hie own survey work effort (no separate pay) for exploratory cxcsavationn. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP /CP &L and inform ALP /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 /24/0o) Under "General Provisions and .Requirements for Municipal Construction Contracts ", B- 8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Technical Special Provisions The requirements of "Technical Special Provisions" are incorporated by reference in these Special Provisions. Section A - SP (Revised 9/18/00) Page 21 of 25 A -51 Contaminated Soils If, during the construction, an area is suspected of a high level of contamination, then the City will have the area tested. If the area proves to have a high level of contamination, then the Contractor shall comply with the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse of this material, the Contractor shall follow the following procedures: .. Material Reuse: Excavated material that contains indications of elevated levels of contamination may be utilized as backfill for excavations, up to 24" from the surface of the finished grade. It will be the Contractor's responsibility to incorporate as much as possible of the contaminated material into the backfill. Clean material with no indication of contamination shall be used with the top 24" of the trench. All materials used for the backfill of excavations shall also conform to the trench embedment section shown on the construction drawings. 2. On -Site Stockpiles: Excess material from excavation, whether non - contaminated or contaminated with any detectable concentration of contaminants, shall be handled in such a way as to prevent run -on, runoff, and infiltration of contamination from precipitation. Contaminated stockpiles shall be underlain by plastic, with a clean -soil berm covered with plastic around the perimeter. The contaminated stockpiles shall be covered with plastic and secured to prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile areas shall be the responsibility of the Contractor. 3. Disposal of Excess Non - Contaminated Soil: The balance of any non - contaminated soil not used in backfill, shall become the property of the Contractor and shall be hauled off and disposed of by the Contractor at the designated disposal site. 4. Disposal of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, constructing and maintaining a stockpile in the required manner, and cleaning up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil will be transported by the Contractor to a safe disposal area to be designated by the City. S. OSHA Training: Contractor shall be responsible for providing proper OSHA hazardous waste training that is required for construction personnel working . in contaminated areas. A -52 Fences All existing fences affected by the work shall be maintained by Contractor until completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner of the fence, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement, adequate gates shall be installed_ Gates shall be kept closed and locked at all times when not in use. On completion of the work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. There shall be no separate payment for removal, replacement or repairs to existing fences. A -53 Protection of Public and Private Property Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by . his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and Section A - SP (Revised 9/18/00) Page 22 of 25 medians, shall be restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. No trees shall be removed outside the permanent easement, except where authorized by Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and parkings when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work or any part or site thereof, whether by him or his Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. A -54 Security Contractor shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against Owner by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. A -55 Access Roads Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing work or furnishing services in connection with the Project. A -56 Parking Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, Owner's operations, or construction activities. A -57 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 9/18/00) Page.23 of 25 A -58 Noise Control Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate, for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound - muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. During construction activities on or adjacent to occupied buildings, and when appropriate,. Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of building occupants. A -59 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, •instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. Monthly payment will be withheld if this provision is not followed. Section A - SP (Revised 9/18/00) Page 24 of 25 SUBMITTAL TRANSMITTAL FORM PROJECT: Lift Station Rehabilitation 2011 - Everhart and Staples Lift Station and Padre Island Section 4 Lift Station Project No. E10142 OWNER: City of Corpus Christi ENGINEER: Urban Engineering CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 9/18/00) Page 25 of 25 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 12TH day of JUNE, 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 J.S. Haren Company termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $857000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: LIFT STATION REHABILITATION 2011 - EVERHART AND STAPLES LIFT STATION AND PADRE ISLAND SECTION 4 LIFT STATION PROJECT NO. E10142 (TOTAL BASE BID: $857,000.00) 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-Christ-i„-Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 180 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 OF CORPUS CHRISTI City Secretary APPROVED AS TO GAiL,FORM: By: Asst. City Attorney T- .(IfCorporation) (Note If`Person- signing for corp.bration is. not President, attach copy of'authorization tos ghj: B Oscar Martinez Assistant City Manager Public Works, Utilities, drrd Tianspoitdion By: Daniel Biles, P.E. Interim Director of Engineering Services CONTRACTOR J.S. Haren Company By:f Title: (i. 0 1175 Highway 11 North (Address) Athens, TN 37303 (City) (State)(ZlP) 4231745 -5000 * 4231745 -5252 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 Lai 2- =NCI P R O P O S A L F O R M F O R LIFT STATION REHABILITATION 2011 - EVERHART AND STAPLES LIFT STATION AND PADRE ISLAND SECTION 4 LIFT STATION Project No, E10142 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Farm 10.18 P R O P O S A L Place: /0pae C�'lit,l Proposal o OR Date: AfU I t t, Ot a Corporation organized and existing under the laws of the State of 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: LIFT STATION REHABILITATION 2011 - EVERHART AND STAPLES LIFT STATION AND PADRE ISLAND SECTION 4 LIFT STATION Project No. -E10142 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 SUB-TOTAL BASE BID PART A $ _Tyr 11 (Items A-1 - A-9) Proposal Form 3 of 8 II III - IV _ BID ITEM • QTY & UNIT DESCRIPTION UNIT PRICE BID ITEM EXTENSION IN FIGURES (QTY & UNIT PRICE IN FIGURES) A. EVERHART AND STAPLES LIFT STATION (BASE BID) Bonds/Insurance, Complete in A-2 . 1 LS Move In/Move Out, Complete in Place per LS )-(-,(:C. $ A-3 1 LS Header Replacement, Complete in Place per LS $ 11111 Dry Pit Submersible Jockey Pump, Complete in Place per LS -:\(' "ir $ A-5 Electrical, Complete. in Place per LS ("i--1 k--1 liEr r.' $ A-6 1111111 Control of Flow, Complete in Place per LS C'')'-' - , (..;t A.T $ 11111111 Wet Well Cleaning, Complete in Place per LS -1.-;- 1 - $ ai:::)(;CO A-8 1 LS Mandatory Wet Well Repair Allowance, Complete in Place per LS $20,000.00 $ 20,000.00 A-9. 11111111 Mandatory Utility Allowance, Complete in Place per LS $20,000.00 $ 20,000.00 SUB-TOTAL BASE BID PART A $ _Tyr 11 (Items A-1 - A-9) Proposal Form 3 of 8 <2 '2(7, SUB-TOTAL BASE BID PART B $ ]) (Items B-1 - B-11) Proposal Form 4 of 8 CCC II V .111111111111 BID ITEM QTY & DESCRIPTION UNIT PRICE *IUD* :34'.* 054,(4100 1 1 UNIT IN FIGURES (QTY & UNIT PRICE IN FIGURES) B. PADRE ISLAND SECTION 4 LIFT STATION (BASE BID) B-1 111111 B-3 111111 Bonds/Insurance, Complete in Place per LS k-JACU : , --.i )co Move In/Move Out, Complete in ',-,/ Place per LS IhA--f,)t(1.2) ..„ V-) to- 1, t , $ t ,.._,..., Header Replacement, Complete in Place per LS Cinlr'rE) Mill 1 Replace (2) Two Pumps, Complete in Place per LS lilZ FK,(i ' $ \ (.-X.) it: Cr'; CMU Wall Repair, Complete.in • LL: ',' Place per LS 'i $ . 1) MO 1 LS mi Electrical, Complete in Place /1„,t, ,„,_ .... per LS ' _; .6 • 17 --, $ 1, CCO P-7 1 LS Wet Well Cleaning, Complete in Place per LS q "AAA '', '1 --, /Th $ L...., ! .„..sc . 1 , LS 11111 Wet Well Hatch Repair, . Complete in Place per LS \ c Cr B-9 Fence and Gate Repair; Complete in Place per LS \,r-fi 1111111 B-10 1 Control of Flow, Complete in - - '; :- ' LS Place per LS -,, -- _ s , Complete in Place per LS $10,000.00 EllMandatory Utility Allowance, $ 10,000.00 <2 '2(7, SUB-TOTAL BASE BID PART B $ ]) (Items B-1 - B-11) Proposal Form 4 of 8 CCC NOTE: The above unit prices must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an. additional 5% in some cases, and may vary from the final quantities Do not order material based on these approximate quantities_ LIFT STATION REHABILITATION 2011 — EVERHART AND STAPLES LIFT STATION AND PADRE ISLAND SECTION 4 LIFT STATION PROJECT NO. E10142 BID SUMMARY BASE BID PART A (Items A -1 — A -9) BASE BID PART B {Items B -1 — B -11) TOTAL BASE BID Proposal Form 5 of 8 1 The —umrlg carefully examined the plans, specifications work covered by his bid or bids, that he agrees to do the wor representations made by the City are in any sense a warranty but are me the guidance of the Contractor. and contract documents ■ �S relating to the k, and that no re estimates for Upon. notification of- award__ of_cont_ract,_-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) �o insure payment for all labor and materials. The bid bond attached to this proposal, iii the amount of 5% 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 Pocuments: 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 180 Calendar Days from the date designated by a Work Order. Completion shall be based on satisfactory work, completed, in accordance with the plan, specifications, and contract documents and accepted by the City. 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 is acknowledged (addenda number): Respectfully submitted: Name: By: (SEAL - IF' BIDDER IS (=NATURE) a Corporation) Address: Pt. , . H16 1.1 134 0-On Comply Telephone: NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) Proposal Form 6 of 8 (P.O. Box) (Stree ) Prit\Ore 3131i (City) tiJk_J (State) (Zip) l `75-1'7iD • FINAL CONTRACT AMOUNTS THAT. EXCEED THE ORIGINAL CONTRACT Executed in Four Original Counterparts AMOUNT WILL BE CHARGED AN ADDITIONAL PREMIUM. INCLUDE THESE PREMIUM CHARGES IN YOUR CHANGE O O€RS: -- P F R_._E_O_R...i I N C FB O N n STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No, PB11509600368 That J.S. Haren Company of the City of Athens , County of McMinn , and State of Tennessee •, as principal ( "Principal "), arxl Philadelphia Indemnity Insurance Company, a solvent company duly authorized under the laws of the State of Texas to act as surety on bends for principals ( "Surety ") are held and firmly bound unto the City of Corpus Christi, a Horne Rule municipal corporation of NnenAs County, Texas ("City„ or "OWNER "), in the penal sum of EIGHT HUNDRED FIFTY - SEVEN THOUSAND AND NO /100 U.S. Dollars ($ 857,000.00 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 12TH of JUNE , 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: LIFT STATION REHABILITATION 2011 - EVERHART AND STAPLES LIFT STATION AND PADRE ISLAND SECTION 4 LIFT STATION PROJECT NO. E10142 (TOTAL BASE BID: $857,000.00) 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; atherwiee to remain in full ford 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 21St day of June , 2012. PRINCIPAL J.S. Haren Company By: Title: J.S. Haren, President ATTEST: f I, 0 .0 CVNA) 41,7 retary Address: 1175 Highway 11 North Athens, TN 37303 SURETY Philadelphia Inde ttarne eremy sura e Company wford Address: orney -I n -Fact 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004 Telephone: (610) 617 -7900 Fax: (610) 617 -7940 E -mail: JCrawford @CciSurety.com (Rev Bate May 2011) Performance Bond Page 2 of 3 nlytk !z, :ND :rg• c7'rYS nF.. L:S�C S, Name: Adecco A9enc'y: Diana Martinez Address; 5151 Flynn Pkwy, Suite 103 (Physical Street Address) Corpus Christi, TX 78411 (City) (State) (Zip) Telephone: 361 -814 -2342 diana.martinez @adeccona.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shalt meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of /Wortley must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev Date May 2017) Performance Bond Page 3 of 3 FINAL CONTRACT AMOUNTS THAT EXCEED THE ORIGINAL CONTRACT AMOUNT WILL BE CHARGED AN ADDITIONAL PREMIUM. INCLUDE THESE PREMIUM CHARGES IN YOUR CHANGE ORDERS. STATE OF TEXAS COUNTY OF NUECES Executed in Four Original Counterparts P A Y M E N T B O N D KNOW ALL BY THESE PRESENTS: BOND Na PB11509600368 That J.S, Harem Company of the City of Athens , County of McMinn ; and State of Tennessee , as principal ("Principal "), and Philadelphia Indemnity 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 Hanle 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 EIGHT H(.lNDRED FIFTY -SEVEN THOUSAND AND NO/100 U.S. Dollars ($ 857,000.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and #rely to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, Murry 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 12TH day of JUNE, 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: LIFT STATION REHABILITATION 2011 - EVERHART AND STAPLES LIFT STATION AND PADRE ISLAND SECTION 4 LIFT STATION PROJECT NO. E10142 (TOTAL BASE BID: $857,000.00) 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 thorn owing by said Principals for subcontracts, utnrk, tahnr, 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 io 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. fRev Dato May 2011) Payment Bond Page 1 of 3 Provided further, that this. bond Is executed pursuant to Chapter 2253, i exas — Mvernment Comae; as amended —i` Provided further, that _if any legal tction- be-filed on-this--bond, veniw shall ate -ir+ 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 3503.041 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 21st day of June , 2012_ PRINCIPAL. J.S. Haren Company By: ®vG Title: J.S. Haren, President ATTEST: 1►ll, 1 t retary • Address: 1175 Highway 11 North Athens, TN 37303 (Rev Data May 2011) SURETY Philad : nde ity I ranee Company Address: ttorney -I n -Fact 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004 . Telephone: (610) 617 -7900 Fax: (610) 617 -7940 E -Mail: JCrawford ©CciSurety.com Payment Bond Page 2 of 3 Name: z��sez Agency: Diana Martinez Address: 5151 Flynn Pkwy, Suite 103 (Physical Street Address) Corpus Christi, TX 78411 (city) (State) (Zip) Telephone: 361 -814 -2342 E -Mali: diana.martinez @adeccona.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 Ron Data inlay 2011 Payment Bond Page 3 of 3 PHILADELPHIA INSURANCE COMPANIES AMember of the Toluo Marine Group One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 610.6177900 • Fax 610.617.794o • PHLY com CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No.: Lift Station Rehabilitation 20011 — Everhart and Staples Lift Station and Padre Island Section 4 Lift Station, Project No. E10142 Surety Company: Philadelphia Indemnity Insurance Company Ladies /Gentlemen: I, Thomas M McNally, hereby certify that the facsimile power of attorney submitted by Jeremy Crawford (Insert Name ofAttomev -In -Fact) for J.S. Haren Company (Insert Company Name of Contractor), a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this 2nd day of July , 2012. Name:Thomas M McNally Title. Assistant Vice President Sworn and subscribed to before me • this 2nd d of July, 2012. Nota P Iic State of t{n'1 itch( My Commission Expires: qI rf JaDla, COMMONWEALTH OF PENNSYLVANIA •Notarial Seal Melissa Hibbs, Notary Public Plymouth Twp., Montgomery County My Commission Expires Sept. 11, 2012 Member, Pennsylvania.Aas©gation of Notaries Philadelphia Consolidated Holding Corp. • Philadelphia Indemnity Insurance Company • Philadelphia Insurance Company • Maguire Insurance Agency, Inc. PHILADELPHIA INSURANCE COMPANIES d3icmbu4[ tiacrvU.a <uiarige Grattp PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004 -0950 Power of Attorney 633 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Michael Williams, Jeremy Crawford, William J. Nemec , and Andrea J. Michael of C *C *I Surety, Inc., a Minnesota Corporation. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $4,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 11`" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS I8TH DAY OF JULY, 2011. L 1927 ;4;t4 m= + 111 A S ':'may'-••... ..• ate; • .................. 1.`1% President Christopher J. Maguire President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18TH day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA Notadat Seal Kimberly A. Kasstaskl. Notary Pubila Lower mason Twp., Montpemery County ityCornmisslanExpires Rep. 18, 2012 Water, Permaytvsnta Association of Notaries I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18TH day of July 2011 are true and correct and are still in full force and effect. I do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this._, day of �L4 2012- C eller Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Acknowledgment of Surety State of Minnesota County of Hennepin On this 21st day of June, 2012 before me personally appeared Jeremy Crawford who acknowledged that he or she is the attorney in fact who is authorized to sign on behalf of Philadelphia Indemnity Insurance Company (surety company), the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. LISA M. JABAS Notary Public- Minnesota My Qernmlrizl9n Expires Jan 31, 015 � PAYMENT BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No. That J.S. Haren Company of the City of Athens , County of McMinn ; and State of Tennessee , 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 EIGHT HUNDRED FIFTY -SEVEN THOUSAND AND NO /100 U.S. Dollars ($ 857,000.00 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 12TH day of JUNE, 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: LIFT STATION REHABILITATION 2011 - EVERHART AND STAPLES LIFT STATION AND PADRE ISLAND SECTION 4 LIFT STATION PROJECT NO. E10142 (TOTAL BASE BID: $857,000.00) 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, thatif an aLaction_be_f[iecLo Nueces County, Texas. 1 1 S O S O - . - ! 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: (Rev. Date May 2011) Telephone: Fax: E -Mail: Payment Bond Page 2 of 3 Name-and address-of -Res�dent Agent of Surety in Ueces ours ,_Texas, for delivery o 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 Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 STATE OF TEXAS PERFORMANCE —_.$ _.O N D COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No. That J.S. Haren Company of the City of Athens , County of McMinn , and State of Tennessee , 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 EIGHT HUNDRED FIFTY - SEVEN THOUSAND AND NO/100 U.S. Dollars ($ 867,000.00 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 12TH of JUNE , 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: LIFT STATION REHABILITATION 2011 - EVERHART AND STAPLES LIFT STATION AND PADRE ISLAND SECTION 4 LIFT STATION PROJECT NO. E10142 (TOTAL BASE BID: $857,000.00) 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: (Rev. Date May 2011) Telephone: Fax: E -Mail: Performance Bond Page 2 of 3 ,Nai'tie aril addiess:�of ResiclentAgent of Siir §ty iii Nueces. County, Texas; for delivery of=: nofoeand.service ofs_process: 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 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION v�rti.r City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST n _ a •a _ a _a -E - - . ee - e ! ; ! !!! _ _.'— !'` 1 • I a • ! 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 - or- Filing Requirements, Certifications and definitions. COMPANY NAME: J:5. 1n «m! P. 0. BOX: Q. , trig, ■1 Yiat t STREET ADDRESS: 1116 Ut\ (t IV i 1 ' \ CITY: FIRM YS: 1. Corporation [t� 2. Partnership B 4. Association]] 5. Other ZIP: `` 3. Sole Owner [] DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant Proposal Forrn 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.asigne&writing- to the _City official, employeeor_body thathas been requesietho act in the matte 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;- Orduianee-Section 2- 349 (-4))- CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: 3 l lr Qn Title: Pi (Ct0 f1 (Type or Print) Signature of Certifying Date: j �, -la Person: `�f 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 fine, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form 8 0 8 _+��'""�`" CERTIFICATE OF LIABILITY INSURANCE _ DATE(MMIDDIYYYY) 07/11/12 TYPE OF INSURANI,�CE THIS CERTIFICATE 15 ISSUED MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TIDE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 423- 745 -3062 Athens Insurance 110 Washington Avenue, NW 423 - 745 -8888 Athens, TN 37303 Christopher C. Liner NAMECT AlCNw Exl): FAX No): E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Accident Fund Insurance Co. of 10166 INSURED J.S. Haren Company PO Box 450 Athens, TN 37371 INSURER B : Westfield Companies 24112 INSURER C : Evanston Insurance Company -- INSURER 0 : CLAIMS -MADE INSURER E : OCCUR INSURER F • Excess Umbrella • • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANI,�CE ADDL INSR X SUBR WVD X POLICY NUMBER CMM5627262 XOVA535211 POLICY EFF SMMIDDIYYYY) 01/01/12 12/30/11 POLICY EXP (MMIDDIYYYY) 01/011133 / 01/01/13 LIMITS B C //- GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREEM SES [Ea oc ecurrnce) MED EXP (Any one person) $ 300,000 $ • 10,00C CLAIMS -MADE X OCCUR X Excess Umbrella PERSONAL & ADV INJURY $ 1,000,000 at $4,000,000 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG �, $ dee' 2,000,000 $ 2,000,00C GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X _j _ LOC Emp Ben. $ 1,000,000 B AUTOMOBILE LIABILITY 7, X CMM5627262 01/01/12 01/01/13 CO aoadeDtSINGLE LIMIT (Ea $ 1,000,000 X ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS BODILYINJURY(Perperson) $- BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CMM5627262 01/01/12 01/01/13 .7 EACH OCCURRENCE $ 4,00'0 000 // $ �"" 4,000,000 $ AGGREGATE DED X , RETENT ON $ 0 A WORKERS COMPENSATION AND EMPLOYERS' IJABILITY YIN X WCV6069176 10/01/11 10/01/12 WC STATU- TORY LIMITS X OTH- ER ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? Y N I A EL. $ 1 ,000,000 I (Mandatory es, in and If yes, describe under DESCRIPTION OF OPERATIONS beEow t,", E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B B Property Section Equipment Floate CMM5627262 CMM5627262 01/01/12 01/01/12 01/01/13 01/01/13 Inst FItr 1,000,0004 Ren Equip 225,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule if more space is required) Project: Lift Station Rehab 2011- Everhart & Staples Lift Station & Padre Island Section 4 Lift Station, Corpus Christi, TX City of Corpus Christi is listed as Additional Insured & includes XCU, Contractual Liability, 30 day cancellation and Waiver of Subrogation. 30 day cancellation included on workers comp policy CERTIFICATE HOLDER CANCELLATION CITYCOP City of Corpus Christi Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 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 Christopher C. Liner d ©1988 -2010 ACORD : - - • ION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD f CW15627262 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: F 1 COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section E! - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or or- ganization have agreed in writing in a con- tract or agreement That such person or organization be added as an additional in- sured on your policy. Such person or organ- ization is an additional insured only with respect to liability for. "bodily injury", "prop- erty damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the additional insured, A person's or organization's status as an ad- ditional insured under this endorsement ends when your operations for that additional in- sured are completed.. B. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply: This insurance does not apply to: 1. "Bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to ki Iso Prooenies, Inc.. 2009 render, any professional architectural, engineering or surveying services, in- cluding: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architec- tural or engineering activities. 2. "Bodily injury" or "property damage" oc curring after: a. All work, including materials, parts or equipment furnished in con- nection with such work, on the project {other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the cov- ered operations has been com- pleted; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing oper- ations for a principal as part of the same project. CO 20 33 07 04 Civi1v45627262 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 - Who Is An Insured is amended lo include as an additional insured any person or organization when you and such person or organization have agreed in writing in a contract or agreement that. such person or organization be added as an additional in- sured on your policy. Such person or organ- ization is an additional insured only with respect to liability caused, in whole or in part, by "your work" performed for that insured and included in the "products - completed oper- ations" hazard. The coverage afforded to the Additional In- sured is solely limited to liability specifically resulting from the conduct of the Named In- sured, which may be imputed to the Addi- tional Insured. B. This endorsement provides no coverage to the Additional Insured for liability caused, in whole or in part, out of the claimed negligence of the Additional Insured, other than which may be imputed to the Additional Insured by virtue of the conduct of the Named Insured. C. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. This insurance does not apply to: 1. "Bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part by the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawing and specifications; and b. Supervisory, inspection, architec- tural, or engineering activities. 2. Willful misconduct of, or for defects in design furnished by, the additional in- sured or its "employees ". As a condition of coverage, the additional in- sured shall be obligated to tender the defense and indemnity of every claim or suit to all other insurers that may provide coverage to the additional insured, whether contingent, excess or primary. CG 70 87 01 05 CM1■15627262 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY EXPANDED PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. SECTION 1 - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: Item 2. Exclusions a. is deleted and replaced with the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of rea- sonable force for the purpose of protect- ing persons or property. Item 2. Exclusion g. (2) (a) is deleted and re- placed with the following: (a) Less than 60 feet long; and Item 2, Exclusions j. Damage to Property (4) does not apply to borrowed equipment unless the "property damage" occurs while such equipment is being used to perform oper- ations at the job site. Subject to the LIMITS OF INSURANCE the maximum limit we will pay in any one "oc- currence" is $10,000. Item 2. Exclusions j, (6) second exception paragraph after (6) is deleted and replaced with the following: Paragraph (2) of this exclusion does not apply if the premises are "your work" and were not occupied, rented or held for rental by you beyond one year from the date "your work" was completed. Item 2. Exclusions I. is deleted and replaced with the following: 1. Damage To Your Work "Property damage" to "your work" arising out of it and included in the "products - completed operations hazard ". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. This exclusion only applies to that par- ticular part of your work" out of which the damage arises. The last paragraph of item 2. Exclusions is deleted and replaced with the following: Exclusions c. through n. do not apply to dam- age by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A Separate limit of insurance applies to this coverage as described in Section III - LIMITS OF INSUR- ANCE. 2. The following coverages are added to SEC - TION 1- COVERAGES: VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for "prop- erty damage" to property of others caused by you, or while in your pos- session, arising out of your business op- erations. The amount we will pay for damages is limited as described in SEC- TION III - LIMITS OF INSURANCE. 2. Exclusions Coverage for Voluntary Property Damage does not apply to: a. "Loss" of property at premises owned, rented. leased, operated or used by you. b. "Loss" of properly while in transit; c. "Loss" of property owned by, rented to, leased to, borrowed by or used by .you; d. The cost of repairing or replacing: (1) "Your work" defectively or in- correctly done by you; or (2) "Your product" manufactured, sold or supplied by you; unless the "property damage" is caused directly by you after delivery of "your product" or completion of "your work" and resulting from a subsequent undertaking. e, "Loss" of property caused by or arising out of the "products - completed operations hazard." CG 70 94 08 05 Page 1 of 6 3. Deductible We will not pay for "loss" in any one "occurrence" until the amount of "loss" exceeds $250. We will then pay the amount of "loss" in excess of $250, up to the applicable limit of insurance. 4. Actual Cost In the event of covered "loss ", you shall, if requested by us, replace the damaged property or furnish the labor and materi- als necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums the insured be- comes legally obligated to pay as dam- ages because of "property damage" to property of others while in your care, custody or control or property as to which you are exercising physical control if the "property damage" arises out of your business operations. The amount we will pay for damages is limited as described in SECTION III - LIMIT OF IN- SURANCE 2. Exclusions Coverage for Care, Custody or Control does not apply to: a. "Property damage" to property at any premises owned, rented, leased, operated or used by you; b. "Property damage" to property while in transit; c, The cost of repairing or replacing: (1) Your work" defectively or in- correctly done by you; or (2) "Your product" manufactured, sold or supplied by you; unless the "property damage" is caused directly by you after delivery of "your product" or completion of "your work" and resulting from a subsequent undertaking. d. "Properly damage" to property caused by or arising out of the "products - completed operations hazard ". 3. Deductible We will not pay for "property damage" in any one "occurrence" until the amount of "property damage" exceeds $250. We will then pay the amount of "property damage" in excess of $250, up lo the ap -, plicable limit of insurance. 4. Actual Cost In the event of covered "property dam- age", you shall, if requested by us, re- place the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. WATER DAMAGE LEGAL LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" arising out of water damage to premises that are both rented to and occupied by you. The amount we will pay for dam- ages is limited as described in SECTION 111 - LIMITS OF INSURANCE. 2. Exclusions Coverage for Water Damage Legal Li- ability does not apply to: a. "Property damage" for which the in- sured is obligated to pay damages by reason of the assumption of li- ability in a contract or agreement. This exclusion does not apply to li- ability for damages that the insured would have in the absence of the contract or agreement. b. "Property damage" caused by or re- sulting tram any of the following: (1) (2) Wear and tear; Rust, corrosion, fungus, decay, deterioration, hidden or latent defect or any quality in property that causes it to damage or de- stroy itself; (3) Smog or smoke; (4) Settling, cracking, shrinking or expansion; (5) Insects, birds, rodents or other animals; or (6) Mechanical breakdown, includ- ing rupture or bursting caused by centrifugal force. c. "Property damage" caused directly or indirectly by any of the following: (1) Any earth movement, such as an earthquake, landslide, mine subsidence or earth sinking, rising or shifting; CG 70 94 0805 Page 2 of 6 (2) (3) (4) Mudslide or mudflow; (5) (6) Volcanic eruption, explosion or effusion; Flood, surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not; Water that backs up from a sewer or drain; or Water under the ground surface pressing on, or flowing or seeping through: (a) Foundations, walls, floors or pave.d surfaces; (b) Basements, whether paved or not; or (c) Doors, windows or other openings. d. "Properly damage" caused by or re -. sulting from any of the following: (1) Water that leaks or flows from any plumbing, heating, air con- ditioning or fire protection sys- tem caused by or resulting from freezing, unless: (a) You make a reasonable ef- fort to maintain heat in the building or structure; or (b) You drain the equipment and shut off the water sup- ply if the heat is not main- tained. e. "Property damage" to: (1) Plumbing, heating, air condi- tioning, fire protection systems, or other equipment or appli- ances; or (2) The interior of the premises caused by or resulting from rain or snow, whether driven by wind or not. 3, SECTION 1- SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: item 1.b. is deleted and replaced with the fol- lowing: b. Up to $1,000 for cost of bail bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Item 1.d, is deleted and replaced with the fol- lowing: d. All reasonable expenses incurred by the insured al our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $350 a day because of time off from work. 4. SECTION II - WHO IS AN INSURED is amended as follows: Item 2.a.(1)(d) is deleted and replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. This does not apply to nurses, emer- gency medical technicians or paramedics employed by you to provide health care services, but only if you are not in the business or occupation of pro- viding such professional services.. Item 3. a. is deleted and replaced with 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. The following Items are added as follows: 5. Vendors Any person(s) or organization(s) with whom you agree in a written contract or agreement to name as an insured but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's busi- ness, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) (2) (3) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of li- ability in a contract or agree- ment. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Any express warranty unauthor- ized by you; Any physical or chemical change in the product made in- tentionally by the vendor; CG 70 94 08 05 Page 3 of 6 (4) Repackaging, except when un- packed solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then re- packaged in the original con- tainer; Any failure to make such in- spections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in con- nection with the distribution or sale of the products; Demonstration, installation, ser- vicing or repair operations, ex- cept such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distrib- ution or safe by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does nol apply to: (5) (6) (8) (a) The exceptions contained in subparagraphs 4. or 6.; or (b) Such inspections, adjust- ments, tests or servicing as the vendor has agreed to make or normally under- takes to make in the usual course of business, in con- nection with the distribution or sale of the productions. b. This insurance does not apply to any insured person or organization, from whom you have acquired such pro- ducts, or any ingredient, part or container, entering into, accompa- nying or containing such products. 6. Managers or Lessors of Premises Any person(s) or organizations) with whom you agree in a written contract or agreement to name as an insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new con- struction or demolition operations performed by or on behalf of the person(s) or organization(s). 7. Additional Insured - Controlling Interest Any person(s) or organization(s) with whom you agree in a written contract or agreement to name as an insured but only with respect to their liability arising out of: (1) (2) Their financial control of you; or Premises they own, maintain or control while you lease or occupy the premises. This does not apply to structural alter- ations, new construction and demolition operations performed by or for the person(s) or organizations(s). 8. Additional Insured - Mortgagee, Assignee or Receiver Any person(s) or organization(s) with whom you agree in a written contract or agreement to name as an insured but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, mainte- nance, (muse of the premises by you. This does not apply to structural alter- ations, new construction and demolition operations performed by or for the person(s) or organization(s). 9. Additional Insured - Owners or Other In- terests From Whom Land Has Been Leased Any person(s) or organization(s) with whom you agree in a written contract or agreement to include as an insured but only with respect to their liability arising out of the ownership, maintenance or use of that part of land leased to you subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; (2) Structural alterations, new con- struction or demolition operations performed by or on behalf of the person (s) or organization(s), CG 7094 4805 Page 4 of 6 10, Additional Insured - State or Political Subdivisions - Permits Relating to Prem- ises Any state or political subdivision with whom you agree in a written contract or agreement to include as an insured sub- ject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (1) The existence, maintenance, repair, construction, erection, or removal of adverting signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (2) The construction, erection._ or re- moval of elevators; or The ownership, maintenance, or use of any elevators covered by this in- surance. (3) 11. Additional Insured - Lessor Of Leased Equipment Any person(s) or organization(s) with whom you agree in a written contract or agreement, but only with respect to li- ability for "bodily injury ", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equip- ment leased 10 you by such person(s) or organization(s). • This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 5. SECTION III - LIMITS OF INSURANCE is amended as follows: Items 8, and 9. are added as follows: a, The most we will pay under Voluntary Property Damage for "loss" arising out of any one "occurrence" is $250. The most we will pay for the sum of all "losses" under this coverage is $1,000. 9. The most we will pay under Care Cus- tody or Control for "property damage" is $2,500 for each "occurrence ". The most we will pay for the sum of all damages because of "properly damage" under this coverage is $5,000. 10, The most we will pay under Water Darn - age Legal Liability for all "property darn- age" arising out of any one "occurrence" is $25,000. 7. SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS is amended as follows: items e. and f. are added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit as follows: e, The requirement in Condition 2. a. ap- plies only when the "occurrence" or of- fense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or insurance manager, if you are a corporation; or (4) A manager, if you are a limited li- ability company. f. The requirement in Condition 2. b. will not be breached unless the breach oc- curs after such claim or "suit" is known to: (1) (2) (3) You, if you are an individual; A partner, if you are a partnership; An "executive officer" or insurance manager, if you are a corporation; or (4) A manager, if you are a limited li- ability company. The following is added to Item s, Representa- tions d. Your failure to disclose all hazards or prior "occurrences" existing as of the in- ception date of this policy shall not prej- udice the coverage afforded by this policy, provided such failure to disclose all hazards or prior "occurrences" is not intentional. The following is added to Item 8, Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization with re- spect to which the insured has waived its right of recovery. It is further agreed that work commenced un- der letter of intent or work order, subject to subsequent reduction to writing, with cus- tomers whose customary written contracts would require a waiver of recovery rights against them also falls within this blanket waiver of subrogation. CG 70 94 08 05 Page 5 of 6 6. SECTION V - DEFINITIONS is amended as follows: The following definition is added: 23. "Loss" means unintentional damage or destruction but does not include disap- pearance, theft, or loss of use. 7. Liberalization If we adopt any revision that would broaden the coverage under this endorsement without additional premium within 45 days prior to or during the policy period, the broadened cov- erage will immediately apply to this endorse- ment, CG 70 94 08 05 Page 6 of 6 C .M.5627262 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declara- tions, and any other person or organization quali- fying as a Named Insured under this policy. The words "we," 'us" and "our" refer to the company providing this insurance. The word "insured" means any person or organ- ization qualifying as such under Section II - Who Is An insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated lo pay as damages because of "bodily injury" or "property damage ". to which this insur- ance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the in- sured against any "suit" seeking dam- ages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, in- vestigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section 111 - Limits Of Insurance; and Our right and duty to defend end when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under Coverages A or B or medical ex- penses under Coverage C. No other obligation or liability to pay sums or perform acts or services is cov- ered unless explicitly provided for under Supplementary Payments - Coverages A and B. (2) b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occur- rence" that takes place in the "cov- erage territory;" (2) (3) The "bodily injury" or "property damage" occurs during the policy period; and Prior to the policy period, no insured listed under Paragraph 1, of Section 11 - Who Is An insured and no "em- ployee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee' knew prior to the policy period, that the "bodily injury" or "property dam- age" occurred, then any continua- tion, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section 11 - Who Is An insured or any "employee" authorized by you to give or receive no- tice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property dam- age" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section 11 - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) (2) (3) Reports all, or any part, of the "bod- ily injury" or "property damage" to us or any other insurer; Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage "; or Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" in- clude damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury." CO (SO Properties, Inc.. 200G CG00011207 Page 1 of 16 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect per - sons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agree- ment; or (2) Assumed in a contract or agreement that is an "insured contract ", pro- vided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agree- ment. Solely for the purposes of li- ability assumed in an "insured contract ", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be darn.. ages because of "bodily injury" or "property damage ", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract "; and Such attorney fees and litigation expenses are for defense of that party against a civil or alterna- tive dispute resolution proceed- ing in which damages to which this insurance applies are al- leged. (b) c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; The furnishing of alcoholic beverages to a person under the le- gal drinking age or under the influ- ence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. (2) This exclusion applies only if you are in the business of manufacturing, distribut- ing, selling, serving or furnishing alco- holic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability bene- fits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's busi- ness; or (2) The spouse, child, parent, brother or sister of that "employee" as a con - sequence of Paragraph (1) above. This exclusion applies whether the in- sured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay some- one else who must pay damages be- cause of the injury. This exclusion does not apply to liability assumed by the insured under an "in- sured contract." f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants ": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any in- sured. However, this subpara- graph does not apply to: (1) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equip- ment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; CG00011207 Page 2of'16 (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with re- spect to your ongoing oper- ations performed for that additional insured . at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that ad- ditional insured; or (1111) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire "; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, stor- age, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or proc- essed as waste by or for: (i) Any insured; or (iD) Any person or organization for whom you may be le- gally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcon- tractors working directly or indi- rectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) 'Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to per- form the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equip- ment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part de- (2) signed to hold, store or re- ceive them. This exception does not apply if the "bodily injury" or "property dam- age" arises out of the in- tentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from Materials brought into that building in connection with operations .being performed by you or on your behalf by a con- tractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire ". (e) At or from any premises, site or location on which any insured or any contractors or subcon- tractors working directly or indi- rectly on any insured's behalf are performing operations if the operations are to test for, moni- tor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or as- sess the effects of, "pollutants ". Any loss, cost or expense arising out of any: (a) Request, demand, order or stat- utory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain. treat, detoxify or neu- tralize, or in any way respond to, or assess the effects of "pollutants "; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neutralizing, or in any way responding to, or as- sessing the effects of "pollutants ". CG00011207 Page 3 of 16 However, this paragraph does not apply to liability for damages be- cause of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on be- half of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, mainte- nance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading." This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage" involved the own- ership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on prem- ises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the in- sured; (4) Liability assumed under any "in- sured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (3) (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the defi- nition of "mobile equipment" if it were not subject to a compul- sory or financial responsibility law or other motor vehicle in- surance law in the state where it is licensed or principally ga- raged; or (b) the operation of any of the ma- chinery or equipment listed in Paragraph f.(2) or 1.(3) of the definition of "mobile equip- ment." h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equip- ment" by an "auto" owned or oper- ated by or rented or loaned to any insured; or (2) The use of. "mobile equipment" in, or while in practice for, or while be- ing prepared for, any prearranged racing, speed, demolition, or stunt- ing activity, i. War "Bodily injury" or "property damage ", however caused, arising, directly or indi- rectly, out of: 1. (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or de- fending against an actual or ex- pected attack, by any government, sovereign or other authority using military personnel or other agents; (3) or Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses in- curred by you, or any other person, organization or entity, for repair, re- placement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal properly in the care, cus- tody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are per- forming operations, if the "property damage" arises out of those oper- ations; or GG00011207 Page 4 of 16 However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "per- sonal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, consid- ered the business of advertising, broad- casting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. 1, Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's po- tential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution - Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants "; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or as- sessing the effects of, "pollutants ". 0. War "Personal and advertising injury", how- ever caused, arising, directly or indi- rectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or de- (3) fending against an actual or ex- pected attack, by any government, sovereign or other authority using military personnel or other agents; or Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Distribution Of Material in Violation Of Statutes "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to vi- olate: (1) The Telephone Consumer Protection Act (TCPA), including any amend- ment of or addition to such law; or (2) The CAN -SPAM Act of 2003, includ- ing any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003, that prohibits or limits the sending, transmitting, communi- cating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as de- scribed below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as of- ten as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: CG00011207 Page 7ofI6 (6) That particular part of any property that must be restored, repaired or replaced- because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclu- sion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of in- surance applies to Damage To Premises Rented To You as described in Section ID - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this ex- clusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations haz- ard.' k, Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations haz- ard." This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To impaired Property Or Prop- erty Not Physically Injured "Property damage" to "impaired prop- erty" or property that has not been phys- ically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your prod- uct" or "your work ;" or • (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n, Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others forthe loss of use, withdrawal, recall, in- spection, repair, replacement, adjust- ment, removal or disposal of: (1) "Your product;" (2) "Your work;" or (3) "Impaired property;" if such product, work, or property is withdrawn or recalled from the market or from use by any person or organiza- tion because of a known or suspected defect, deficiency, inadequacy or dan- gerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". Electronic Data Damages arising out of the Toss of loss of use of, damage to, corruption of, ina- bility to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer soft- ware, including systems and applications software, hard ar floppy disks, CD -ROMS, tapes, drives, cells, data processing de- vices or any other media which are used with electronically controlled equipment. q. Distribution Of Material In Violation Of Statutes "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is al- leged to violate: P. (1) The Telephone Consumer Protection Act (TCPA), including any amend- ment of or addition to such law; or (2) The CAN -SPAM Act of 2003, includ- ing any amendment of or addition to such law; or Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003, that prohibits or limits the sending, transmitting, communi- cating or distribution of material or information. (3) Exclusions c. through n. do not apply to dam- age by fire to premises while rented to you or temporarily occupied by you with permis- sion of the owner. A separate limit of insur- ance applies to this coverage as described in Section 111 - Limits Of Insurance. CG 00 01 12 07 Page 5 of 16 1 COVERAGE B PERSONAL AND ADVERTISING IN- JURY LIABILITY 1, Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of 'personal and ad- vertising injury" lo which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may at our discretion investigate any of- fense and settle any claim or "suit" that may result. But: (1) (2) The amount we will pay for damages is limited as described in Section 111 - Limits Of. Insurance; and Our right and duty to defend end when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under Coverages A or 13 or medical ex- penses under Coverage C. No other obligation or liability to pay sums or perform acts or services is cov- ered unless explicitly provided for under Supplementary Payments - Coverages A and B. b. • This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "cov- erage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another 'Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of .another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication of ma- terial, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication of ma- terial whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclu- sion does not apply to Liability for dam- ages that the insured would have in the absence of the contract or agreement. 1, Breach Of Contract g. "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's adver- tising idea in your "advertisement ". Quality Or Performance Of Goods - Fail- ure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement ". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement ". 1 Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, pat- ent, trademark, trade secret or other in- tellectual property rights. Under this exclusion, such other intellectual prop- erty rights do not include the use of an- other's advertising idea in your "advertisement ". However, this exclusion does not apply to infringement, in your "advertisement", of copyright. trade dress or slogan. Insureds In Media And Internet Type Businesses "Personal and advertising injury" com- mitted by an insured whose business is: (1) Advertising, broadcasting, publish- ing or telecasting; (2) Designing or determining content of websites for others; or (3) An Internet search, access, content or service provider. CG0001 1207 Page 6 of 16 First aid administered at the time of an accident; Necessary .medical, surgical, x -ray and dental services, including pros- thetic devices; and Necessary ambulance, hospital, pro- fessional nursing and funeral ser- vices. 2. Exclusions We will not pay expenses for "bodily injury:" a. Any insured To any insured, except "volunteer work- ers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "em- ployee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, in- structing or particpating in any physical exercises or games, sports or athletic contests. f. Products - Completed Operations Hazard Included within the "products-completed operations hazard." Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B O. 1. We will pay, with respect to any claim we in- vestigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law vio- lations arising out of the use of any vehi- cle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attach- ments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. AU reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim ar "suit," including actual loss of earnings up to $250 a day because of time off from work. e, All court costs taxed against the insured in the "suit." However, these payments do not include attorneys' fees or attor- neys' expenses taxed against the in- sured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, of- fered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit ", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has as- sumed the liability of the indemnitee in a contract or agreement that is an "insured contract "; b. This insurance applies 10 such liability assumed by the insured; c. The obligation to defend. or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract "; d. The allegations in the "suit" and the in- formation we know about the "occur- rence" are such that no conflict appears to exist between the interests of the in- sured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and The indemnitee: CG0001 1207 Page 8 of 16 (1) Agrees in writing to: (a) Cooperate with us in the inves- tigation, settlement or defense of the "suit "; (b) Immediately send us copies of any demands, notices, summonses or legal papers re- ceived in connection with the "suit "; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authori- zation to: (a) Obtain records and other infor- mation related to the "suit "; and (b) Conduct and control the defense of the indemnitee in such "suit ", So long as the above conditions are mei, attorneys` fees incurred by us in the de- fense of that indemnitee, necessary liti- gation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Para- graph 2.b.(2) of Section I Coverage A - Bodily Injury And Property Damage Li- ability, such payments will not be deemed to be damages for "bodily in- jury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of in- surance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your part- ners, and their spouses are also in- sureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also in- sureds, but only with respect to the con- duct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive of- ficers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. , e, A trust, you are an insured. Your trus- tees are also insureds, but only with re- spect to their duties as trustees. 2, Each of the following is also an insured: a. Your "volunteer workers" only while per- forming duties related to the conduct of your business, or your "employees ", other than either your "executive offi- cers" (if you are an organization other than a partnership, joint venture or lim- ited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "em- ployees" or "volunteer workers" are in- sureds for: (1) "Bodily injury" or "personal and ad- vertising injury ": (a) To you, to your partners or members (if you are a partner- ship or joint venture), to your members (if you are a limited liability company), to a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business or to your other "volunteer Workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or CG0001 1207 Page 9of16 (d) Arising out of his or her provid- ing or failing to provide profes- sional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exer- cised for any purpose by you, any of your "employees ", "vol- unteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker), or arty organiza- tion while acting as your real estate manager, c. Any person or organization having proper temporary custody of your prop- erly if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal 'representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that or- ganization, However: a, Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier: b. Coverage A does not apply to "bodily in- jury" or "property damage" that occurred before you acquired or farmed the or- ganization; and c. Coverage B does not apply 10 "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with re- spect to the conduct of any current or past part- nership, joint venture or limited liability company that is not shown as a Named Insured in the Dec- larations. SECTION 111- LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Decla- rations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 2, The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of 'bodily injury" or "property damage" included in the "products - completed operations hazard :" and c. Damages under Coverage B. 3, The Products - Completed Operations Aggre- gate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products - completed operations hazard," 4. Subject to Paragraph 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and ad- vertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2, or 3. above, which- ever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence." 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5, above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one per- son. CG00011207 Page 10 of 16 The Limits of Insurance of this Coverage Part ap- ply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the pol- icy period is extended after issuance for an addi- tional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV • COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include; (1) How, when and where the "occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) immediately record the specifics of the claim or "suit" and the date re- ceived; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable, c. You and any other involved insured must: Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit;" Authorize us to obtain records and other information; Cooperate with us in the investi- gation or settlement of the claim or defense against the "suit "; and Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this in- surance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any ex- pense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a, To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to re- cover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insur- ance. An agreed settlement means a settle- ment and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4, Other insurance If other valid and collectible 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 Paragraph b. below applies. If this in- surance is primary, our obligations are not affected unless any of the other in- surance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, con- tingent or on any other basis: (I) Thai is Fire, Extended Cov- erage, Builder's Risk, In- stallation Risk or similar coverage for "your work;" (11) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; CG00011207 Page 11 of 16 (iii) That is insurance pur- chased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the foss arises out of the maintenance or use of air- craft, "autos" or watercraft to the extent not subject to Exclusion g. of Section 1 - Coverage A - Bodily Injury And Property Damage Li- ability. (b) Any other primary insurance available to you covering liabil ity for damages arising out o the premises or operations, o the products and completed op erations, for which you hav been added as an additional in sured by attachment of an endorsement. r e (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit' if any other insurer has a duty to defend the insured against that "suit ", If no other insurer de- fends, we will undertake to do so, but we will be entitled to the in- sured's rights against all those other insurers. (3) 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: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other insurance, (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insur- ance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits con- tribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of in- surance or none of the loss remains, whichever comes first,. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total applicable limits of insurance of all insurers. 5, Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep re- cords of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon re- presentations you made to us; and c, We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named In- sured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b, Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Oth- ers To Us If the insured has rights to recover alt or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. CG00011207 Page 12 of 16 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named In- sured shown in the Declarations written no- tice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V - DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific .market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. . Notices that are published include mate- rial placed on the Internet or on similar electronic means of communication; and b. Regarding web- sites, only that part of a web -site that is about your goods, pro- ducts or services for the purposes of at- tracting customers or supporters is considered an advertisement. 2. "Auto" means: a, A land motor vehicle, trailer or semi- trailer designed For travel on public roads, including any attached machinery or equipment; or b, Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or prin- cipally garaged. However, "auto" does not include "mobile equipment ". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The united States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation be- tween any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Par- agraph a. above; or (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" of- fenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility 10 pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to, 5. "Employee" includes a "leased worker ". "Employee" does not include a "temporary worker ". 6. 'Executive officer" means a person holding any of the officer positions created by your charter, constitution, by -laws or any other similar governing document. 7. "Hostile fire" means one which becomes un- controllable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work," that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be de- fective, deficient, inadequate or danger- ous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your ful- filling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises chat indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with per- mission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, ex- cept in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; CG 00 01 12 07 Page 13 of 16 f, Thal part of any other contract or agree- ment pertaining to your business (in- cluding an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of an- other party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a li- ability that would be imposed by law in the absence of any contract or agree- ment. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bod- ily injury" or "property damage" arising out of construction or demo- lition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engi- neer or surveyor for injury or dam- age arising out of: (3) (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them. if that is the primary cause of the injury or damage; or Under which the insured, if an archi- tect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's render- ing or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activ- ities. 10. "Leased worker" means a person leased to you by a labor leasing firm under an agree- ment between you and the labor leasing firm, to perform duties related to the conduct of your business, "Leased worker" does not in- clude a "temporary worker ". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto;" b. While it is in or on an aircraft, watercraft or "auto;" or c. While it is being moved from an aircraft, watercraft or "auto" to the place Where it is finally delivered; but "loading or unloading" does not include the movement of properly by means of a me- chanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto." 12. "Mobile equipment" means any of the follow- ing types of land vehicles, including any at- tached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use princi- pally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self - propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self- propelled and are maintained primarily to provide mobility to permanently at- tached equipment of the following types: (1) Air compressors, pumps and gener- ators, including spraying. welding, building cleaning, geophysical ex- ploration, lighting and well servicing equipment; or (2) (2) Cherry pickers and similar devices used to raise or lower workers; f, Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transporta- tion of persons or cargo. However, self - propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos:" (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not con- struction or resurfacing; or (c) Street cleaning; CG 00 01 12 07 Page 14 of 16 (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and gener- ators, including spraying, welding, building cleaning, geophysical ex- ploration, lighting and well servicing equipment. However, "mobile equipment" does not in- clude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor ve- hicle insurance law are considered "autos ". 13. "Occurrence" means an accident, including continuous or repeated exposure to substan- tially the same general harmful conditions. 14. "Personal and advertising injury" means in- jury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c, The wrongful eviction from, wrongful entry into, or invasion of the right of pri- vate occupancy of a room, dwelling or premises that a person occupies, com- mitted by or on behalf of its owner, land- lord or lessor; d. Oral or written publication, in any man- ner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, pro- ducts or services; e. Oral or written publication, in any man- ner, of material that violates a person's right of privacy; f, The use of another's advertising idea in your "advertisement "; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement ". 16. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes mate- rials to be recycled, reconditioned or re- claimed. 16. "Products- completed operations hazard ": a. includes all " bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your phys- ical possession; or Work that has not yet been com- pleted or abandoned. However, your work" will be deemed com- pleted at the earliest of the following times: (2) (a) When all of the work called for in your contract has been com- pleted. (b) When all of the work to be done at the job site has been com- pleted if your contract calls for work at more than one job site. (c) When that part of the work done al a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, main- tenance, correction, repair or re- placement, but which is otherwise complete, wi €l be treated as com- pleted. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, un- less the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "load- ing or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or Products or operations for which the classification, listed in the Declara- tions or in a policy schedule, states that products - completed operations are subject to the General Aggre- gate Limit. (3) 17. "Property damage" means: a. Physical injury to tangible property, in- cluding all resulting Toss of use of that property. All such loss of use shall be deemed to occur at the time of the phys- ical injury that caused it; or b. Loss of use of tangible property that is not physically injured. Ali such loss of Use shall be deemed to occur at the time of the "occurrence" that caused €t. CG 00 01 12 07 Page 15 of 16 For the purposes of this insurance, electronic data is not tangible property, As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including sys- tems and applications software, hard or floppy disks, CD -ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment, 18. "Suit" means a civil proceeding in which damages because of "bodily injury ", "prop - erty damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured sub- mits with our consent. 19. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short -term workload conditions. 24, "Volunteer worker" means a person who is not your "employee ", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other com- pensation by you or anyone else for their work performed for you, 21. "Your product ": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment fur - nished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fit- ness, quality, durability, perform- ance or use of "your product;" and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold, 22. "Your work ": a, Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment fur- nished in connection with such work or operations. b. includes: (1) Warranties or representations made at any time with respect to the fit- ness, quality, durability, perform- ance or use of "your work;" and (2) The providing of or failure to provide warnings or instructions. CGI10Q11207 Page 16 of 16 f POLICY NUMBER: CMM5627262 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE Number of Days' Notic4 30 SCHEDULE %— Name Of Additional insured Person(s) Locations) Of Covered Operations Or Organizationfs) City of Corpus Christi Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 73469 Lilt Station Rehab 2011-Everhart & Staples Lift Station & Padre Island Section 4 Lift Station. Corpus Christi, TX (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation. as provided in paragraph 2, of either the CANCELLATION Common Policy Condi- tion or as amended by an applicable stale cancellation endorsement, is increased to the number of days shown in the Schedule above. Copyright, Insurance Services QHice, Inc , 1992 IL 70 35 OB 08 (Ed. 1 -94) • TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30, except in the event of cancellation for non-payrrient of premium, for which 10 days notice will be given 2. Notice will be mailed to: City of Corpus Christi Engineering Services P.O. Box. 9277 Corpus Christi, TX 78469 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. '1 Endorsement No. 1 Insured I. S. Haren Company WCV6069176 ;`� `Premium V' Insurance Company Countersigned by 4,4.0,- I C Accident y.. ,� General Insurance Co. WC 42 06 01 (Ed. 1 -94)