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HomeMy WebLinkAboutC2014-305 - 12/16/2014 - Approved i J 2014-305 12/16/14 M2014-176 J.S. Haren Company CONTRACT DOCUMENTS FOR CONSTRUCTION OF BROADWAY WASTEWATER TREATMENT PLANT TRICKLING FILTER MEDIA REMOVAL PROJECT NUMBER: E12159 FY 2013-2014 �`P•••N••••••`�+9 TARLTON W. SMITH II ##113. ��CAI a 92669 •Ei �rtssl:.•..•� „ n err 411. n Afol irt 410100111111111111101.1111.1011 FREESE •ND ICHOLS, INC. TEXA 'EGISTERED Cit. of ENGINEERING FIRM F-2144 Corpus Christi RELEASED FOR CONSTRUCTION AUGUST, 2014 L L 00 0100 TABLE OF CONTENTS Division/ Title section Division 00 Procurement and Contracting Requirements 0011 16 Invitation to Bid 00 21 13 Instructions to Bidders L00 30 00 Bid Form 00 30 01 Bid Form Exhibit A 1 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience 00 52 23 Agreement 00 61 13 Performance Bond 1 00 61 16 Payment Bond 00 72 00 General Conditions it 00 72 01 Insurance Requirements lb 00 7202 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy r00 73 00 Supplementary Conditions LDivision 01 General Requirements 01 1100 Summary of Work 0123 10 Alternates and Allowances 0129 00 Application for Payment Procedures 0129 01 Measurement and Basis for Payment 01 Project Management and Coordination 0131 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 1 0133 02 Shop Drawings 0133 03 Record Data 0133 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation Table of Contents 00 0100-1 Broadway WWTP Trickling Filter Media Removal 1 I I Division ' Title Section 01 35 00 Special Procedures 0140 00 Quality Management 01 50 00 Temporary Facilities and Controls I 0157 00 Temporary Controls 01 70 00 Execution and Closeout Requirements I Division 02 Existing Conditions 02 4101 Basin Media Removal 1 END OF SECTION I I I r I I 1 I Table of Contents 00 0100-2 1 Broadway WWTP Trickling Filter Media Removal 1 L 00 11 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE it 1.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following Project: Broadway WWTP Trickling Filter Media Removal E12159 for FY 2013—2014 A. Contractor shall perform work necessary to remove all filter media,grit, and debris in the trickling filters and return flows reconditioner and grit removal wetwell at the Old Broadway WWTP while attempting to prevent the development of odors.Work shall include: 1. Installation of odor monitors at designated locations around treatment site to monitor odor levels throughout the project. 2. Rental and installation/maintenance of Odor Remediation Fans around each trickling filter during media removal. 3. Equipment removal, rock media removal, basin cleaning, and dewatering of the four (4) standard rate trickling filters and two (2) high rate trickling filters as well as their respective distribution boxes(2). 4. Grit and debris removal, basin cleaning, and dewatering of return flows reconditioner and grit removal wetwell. 5. Removal and loading of headworks bar screen and two (2)grit screws for salvage and transport by CITY. 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$916,000. The Project is to be substantially complete and ready for operation within 335 calendar days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS A. The current link will direct the Bidder to the Public Purchase homepage. If the City has a general or project specific web page on the Public Purchase website,a direct link to that web address could be used. 2.02 Advertisement and bidding information for the Project can be found at the following website: www.publicpurchase.com 2.03 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents, as defined in the Agreement are received. 2.04 This website will be updated periodically with Addenda, lists of interested parties, reports,or other information relevant to submitting a Bid for the Project. Invitation to Bid 00 1116-1 Broadway WWTP Trickling Filter Media Removal(E12159) L I ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday,September 2nd, I 2014 at 10:00 am at the following location: 3rd Floor Engineering Conference Room, City Hall I 1201 Leopard St. Corpus Christi,Texas 78469 ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 1 4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding Website. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by noon seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY I 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. I 5.02 Minority participation for this Project has been established to be 45%of the Contract Price. 5.03 Minority Business Enterprise participation for this Project has been established to be 15%of the Contract Price. ARTICLE 6—BID SECURITY I 6.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 7 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent of the greatest amount bid. 6.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, I or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders may provide their surety's standard penal sum bid bond form. The Bid Bond must reference the Project by name as identified in Article 7. 6.03 Failure to provide the Bid Security will constitute a non-responsive Bid which will not be considered. Failure to provide required Performance and Payment Bonds will result in forfeiture I of the Bid Security to the City as liquidated damages. Invitation to Bid 00 11 16-2 Broadway WWTP Trickling Filter Media Removal(E12159) L I ARTICLE 7—DELIVERY OF BIDS L 7.01 Sealed Bids must be delivered to the Owner at the address below no later than 2:00 pm on September 10th,2014 to be accepted. The Bids will be publicly opened and read aloud at this time and place. Bids received after this time will be returned unopened. Address Bids to the IOwner as follows: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Broadway WWTP Trickling Filter Media Removal (FY 2013/2014, Project No. E12159) LARTICLE 8—AWARD OF CONTRACT I. 8.01 It is the intent of the Owner to award this Contract to the lowest responsible Bidder who submits a responsive Bid. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid L prices,to reject any or all Bids, and/or waive formalities. Bids may not be withdrawn within 90 days from the date on which Bids are opened. ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. 1 9.02 Contractors for this Project must obtain and provide the necessary insurance, including Workers'Compensation Insurance, as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. '' 9.03 Performance and Payment Bonds are required. END OF SECTION I, I I I 1 Invitation to Bid 00 11 16-3 Broadway WWTP Trickling Filter Media Removal(E12159) L 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non-Owned, Rented and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Pollution Liability/ Environmental $2,000,000 Per Claim Impairment Coverage Not limited to sudden and accidental ❑ Required X Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price ❑ Required X Not Required Installation Floater Equal to Contract Price ❑ Required X Not Required Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required X Not Required Insurance Requirements 00 72 01- 1 Broadway WWTP Trickling Filter Media Removal(E12159) I I 1.02 GENERAL PROVISIONS 411 A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full 3 compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. 3 K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 3 Insurance Requirements 00 72 01-2 Broadway WWTP Trickling Filter Media Removal(E12159) I I L 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers'compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury,occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason; and 5. Claims for damages,other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form)and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care,custody,and control of Contractor. Provide and maintain Installation Floater insurance for property under the care,custody, or control of Contractor in lieu of elimination of the exclusion, or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery,fixtures,and equipment which will be incorporated into the Work. Insurance Requirements 00 72 01-3 Broadway WWTP Trickling Filter Media Removal(E12159) L I I 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance,or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; I e) Any loss to property while in transit; f) Any loss at the Site; I g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery,fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured-Engineers,Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. I D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance,or use of any motor vehicle. I E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability,commercial general liability,and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: I 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; Insurance Requirements 00 72 01-4 Broadway WWTP Trickling Filter Media Removal(E12159) I r I 3. Include coverage for the respective officers, directors, members, partners,employees, agents, consultants, and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor,Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them,or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. L Insurance Requirements 00 72 01-5 Broadway WWTP Trickling Filter Media Removal(E12159) L I 1 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings,falsework, and materials and equipment in transit,and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion;terrorism;vehicle impact; aircraft; smoke;theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement; flood; collapse;explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion,and artificially generated electric current; earthquake;volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship,design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise3 agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. 1 Insurance Requirements 00 72 01-6 111 Broadway WWTP Trickling Filter Media Removal(E12159) I I L D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor,Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment,or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor,Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from,or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. I I Insurance Requirements 00 72 01-7 Broadway WWTP Trickling Filter Media Removal(E12159) L I I ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds"for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage,or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101;or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code§1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements, and J documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision,or modification of particular policy terms, conditions, limitations,or exclusions(except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. Insurance Requirements 00 72 01-8 Broadway WWTP Trickling Filter Media Removal(E12159) I I I B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 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 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. 2. Duration of the Project-includes the time from the beginning of the Work on the cg Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project("Subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors, leasing companies, motor carriers,owner-operators,employees of any such entity,or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling,or delivering equipment or materials,or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the Project,such as food/beverage vendors,office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the Contractor providing services on the Project,for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. Insurance Requirements 00 72 01-9 Broadway WWTP Trickling Filter Media Removal(E12159) I 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. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text,form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. 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 3 providing services on the Project,for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of I 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; Insurance Requirements 00 72 01-10 Broadway WWTP Trickling Filter Media Removal(E12159) 1 L 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 110 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. 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. I END OF SECTION I I I I I I L Insurance Requirements 00 72 01-11 Broadway WWTP Trickling Filter Media Removal(E12159) L 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi,Texas Freese and Nichols, Inc. B. In all specifications, "Engineer"will be interchangeable with "Designer". ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK �.. SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access iar to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 l"" March 2 September 7 April 3 October 4 r.. May 4 November 3 June 4 December 3 3. A total of 40 rain days have been set for this Project. An extension of time due to rain days will be considered only after 40 rain days have been exceeded in a calendar year •— Supplementary Conditions 00 73 00-1 Broadway WWTP Trickling Filter Media Removal (E12159) and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. Delete Paragraph 5.03 entirely and insert the following: "5.03 Subsurface and Physical Conditions A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner." SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. Delete Paragraph 5.06 entirely and insert the following: "5.06 Hazardous Environmental Conditions at Site A. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner." ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." END OF SECTION Supplementary Conditions 00 73 00-2 Broadway WWTP Trickling Filter Media Removal (E12159) 00 52 23 AGREEMENT This Agreement,for the Project awarded on December 16,2014 , is between the City of Corpus Christi(Owner)and J.S. Haren Company (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Broadway WWTP Trickling Filter Media Removal E12159 The Contractor shall perform work necessary to remove all filter media,grit,and debris in the trickling filters and return flows reconditioner and grit removal wetwell at the Old Broadway WWTP while attempting to prevent the development of odors.Work shall include: 1. Installation of odor monitors at designated locations around treatment site to monitor odor levels throughout the project. 2. Rental and installation/maintenance of Odor Remediation Fans around each trickling filter during media removal. 3. Equipment removal, rock media removal, basin cleaning, and dewatering of the four(4) standard rate trickling filters and two (2) high rate trickling filters as well as their respective distribution boxes(2). 4.Grit and debris removal, basin cleaning, and dewatering of return flows reconditioner and grit removal wetwell. 5. Removal and loading of headworks bar screen and two(2)grit screws for salvage and transport by CITY. ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols, Inc. 800 N. Shoreline Blvd.Suite 1600N Corpus Christi,TX 78401 2.02 The Owner's Authorized Representative for this Project is: Albert Pardo, P.E.—Construction Engineer City of Corpus Christi—Capital Programs 4917 Holly Rd., Bldg.#5 Corpus Christi,TX 78411 Agreement 00 52 23-1 Broadway WWTP Trickling Filter Media Removal(E12159) ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 335 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 365 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$1,500 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$1,500 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. Critical Operations: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Critical Operation completions. 6. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. Agreement 00 52 23-2 Broadway WWTP Trickling Filter Media Removal (E12159) ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached in SECTION 00 30 01 BID FORM EXHIBIT A. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed,and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 1,024,000.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may,at its sole discretion,elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. Agreement 00 52 23-3 Broadway WWTP Trickling Filter Media Removal(E12159) ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site;and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations,and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods,techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations,explorations,tests,studies, Agreement 00 52 23-4 Broadway WWTP Trickling Filter Media Removal(E12159) or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors,ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books,correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms,and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form Exhibit A. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. Agreement 00 52 23-5 Broadway WWTP Trickling Filter Media Removal(E12159) C. The Contract Documents may only be amended, modified,or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Contracts will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Contract must be signed by a person authorized to bind the firm or company* if Contractor is a Corporation contracts must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. ACTING DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY for the City. Agreement 00 52 23-6 Broadway WWTP Trickling Filter Media Removal(E12159) The effective date of the Contract is G 62- ale(s— • ATTESTY OF 'CHRISTI airAn City Secretary :r shoemaker, P.E. cting Director of Capital Programs APPROVED AS TO LEGAL FORM Asst. City Attorney ATTEST(IF CORPORATION) CONTRACTOR Le(A )fL/LOi1✓ J.S. Haren Company (Seal Below) cr#r‘ By: Note: Attach copy of authorization to sign if Net Person signing for Contractor is not President, Title: •S• Net ren ' Tres f d- Vice President, Chief Executive Officer, or Chief Financial Officer 1175 Highway 11 North Address Athens, TN 37303 �;r� ��Jk City State Zip u1 v r=:+,,` ti; 423/745-5000 q7 7q5-6252 • Phone Fax isharenl@aol.com EMail END OF SECTION ` ZI t4 I L L' IT MUNCH. Z., I SECRETARY Agreement 00 52 23-7 Broadway WWTP Trickling Filter Media Removal(E12159) 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications, and Contract Documents,this Bid Proposal submitted on:September 10h, 2014 by 2:00pm 1.02 Submit Bids to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Broadway WWTP Trickling Filter Media Removal FY 2013-2014, Project No. E12159 ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Bid Form 00 30 00-1 Broadway WWTP Trickling Filter Media Removal (E12159) 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods,techniques,sequences,and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,explorations,tests,studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. Bid Form 00 30 00-2 Broadway WWTP Trickling Filter Media Removal(E12159) 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for: Base Bid Price $ all 4019 ✓ The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the greatest amount bid,the Bidder's responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility, and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming, non-responsive,or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 335 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 365 days after the date when the Contract Times commence to run. Bid Form 00 30 00-3 Broadway WWTP Trickling Filter Media Removal(E12159) ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Bid Security. B. SECTION 00 30 01 BID FORM EXHIBIT A. C. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. D. SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract, and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an"alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that Bid Form 00 30 00-4 Broadway WWTP Trickling Filter Media Removal(E12159) have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Q ,� i1 Bidder: CJ' J•1 Qr OR COmPOM (typed or printed full legal name of Bidder) By: (individual's signature) Name: J,g.Wi n (typed or printed) Title: Res1( ,ak (typed or printed)�n ' Attest: �yl�l 1 V°' (individual's signature) State of Residency: 1 ff U-SS.2 -Q- Federal Tax Id. No. (0-111630,6 3 Address for giving notices: ( (r m ( �� tt WI A 4� N 31? Phone: 4aaI`15A,V.1 Email: JSj'mr(n1. em.CCM (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Form 00 30 00-5 Broadway WWTP Trickling Filter Media Removal(E12159) 00 30 01 BID FORM EXHIBIT A Project: Broadway Wastewater Treatment Plant Trickling Filter Media Removal Owner: City ofofCorpus Christi,Texas Bidder: J.`3 TAG:Ki(\ (tpast J Bid Date: 10-Sep-14 t Project Number:E12159 OAR: To Be Determined Designer: Freese and Nichols,Inc. Basis of Bid-PART A-WASTEWATER IMPROVEMENTS Item Estimated Description Unit Unit Price Extended Amount { No, Quantity Items in Base Bid(excluding Allowances)per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT A-1 Mobilization 1 LS I 5/�D p p q' pa a Unit Price for Item A-1(written in words): /j• .4iit/ eAjr(,Q,G•/4i -Ma //o„,——4 A-2 Odor Monitor Installation Ariw LS I d ¢o0 j}p o 1.:44 //77Unit Price for Item A-2(written in words): /� /�w � k a 4.4)0114r---. A-3 Installation of Odor Remediation Fans LS 11.4040 -? 6 a a Unit Price for Item A-3(written in words): /L4J.er1/ jelled Al i y #-r— Complete Media R moval,Cleaning,and Associated Work for A-4 Standard Rate Trickling Filter Basins and Distribution Box LS t /A9Oo 46466o Unit Price for Item A-4(written in words): edk. 4tev Arime. .[% Ants„,-,,4- cpZa a--- Complete Media Removal,Clean g,and Associated Work for High A-5 Rate Trickling Filter Basins and Distribution Box LS 2 a 0 bd •VID, too l Unit Price for Item A-5(written� in words): j ewe, .4 v-A,dredi "KJOjr i f/ ? dAs. ( a- 4"��0 Q-- ( Complete Grit and Debris Removal,Veaning,and Associated Work �/ A-6 for Return Flows Reconditioner and Grit Removal Wetwell LS 1 ?.JOQa 37, r a� 1 Unit Price for It-o ii.A-6(written in words): 7 � 7441 'DN7 0�1�74' t��Cp IKTG� A-7 Demobili ation an Equipment Salvage IS I I j ! i0.013 100 Q OD I Unit Price for It m A-7(written in word )• -uja AtIADMiet Q, 0a/ A-8 Unanticipated Work or Minor Revisions or Additions to Work LS 1 I 50,000-00 I 50,000.00 Unit Price for Item A-8(written in words): 4"6f 7A,,*( mA-47,40..0---- TOTAL q 0---- TOTAL PROJECT BASE BID PART A A Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid line Item A-1 through A-8) //Lied /06 7 Contract Times F Bidder agrees to reach Substantial Completion in 335 days G Bidder agrees to reach Final Completion in 365 days Bid Form Exhibit A Broadway WWTP Trickling Filter Media Removal(E12159) 30 30 01 - 1 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. Ef Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of VnRM ❑ Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: j.(3, rQrl eGC'f�(�'1[le� (yJJped or printed) By: (signature--attach evidence of authority to sign) Name: J J• re(1 (typed or printed) Title: prO(0tk- Business address: 't I6 U t.t1 rI�' TK 31333 Phone: 433 (1 Li 6-6C(.53 Email: `,s r,, , tQ©t.C , END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Broadway WWTP Trickling Filter Media Removal (E12159) 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. J Name of person who has a business relationship with local governmental entity. NIfr riCheck this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. (1- 114 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY Cr1Y = PURCHASING DIVISION City ofCITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: J 5,hUI.'CnC'Or�pa ✓ P.O.BOX: `1" STREET ADDRESS: 1(15 H(I"'U 1 (' lath CITY: fkl T� ZIP: ?�`�j - FIRM IS: 1. Corporation IV 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N1� 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." Namell ,, Title N{P 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 A+ 1 tn\. 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 NIP FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: J a l CItQ fl Title: (Type or Print) / h r Signature of Certifying c' � Date: (t-(V-`'`l Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Broadway WWTP Trickling Filter Media Removal E12159 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity,quality,or price in the prospective contract,or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. ��,,/�� Company Name: Js. Haan ctro (typed or printed) By: /7/6 (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Pre31a0(t,Z Business address: I 11 is h At n1 316 Phone: c-YW 1L •Z Email: jS en.1-@Q.Ot 'YY\ END OF SECTION Non-Collusion Certification 00 30 06-1 Broadway WWTP Trickling Filter Media Removal(E12159) V 00 6113 PERFORMANCE BOND BOND NO. EAIC291500124 Contractor as Principal Surety Name: J.S.Haren Company Name: Endurance American Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 1175 Highway 11 North 750 Third Ave Athens,TN 37303 New York, NY 10017 Physical address(principal place of business): Owner 750 Third Ave New York, NY 10017 Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 Delaware By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): #E12159 Broadway WWTP Trickling Filter Media 212-209-6525 Removal FY 2013-2014 Telephone(for notice of claim): 615-321-9700 Local Agent for Surety Name: Amanda Calderon Award Date of the Contract: Address: 400 Mann Street Suite 703 Contract Price: $1,024,000.00 Corpus Christi,TX 78401 Telephone: 361-814-2342 Bond Email Address: amanda.calderon@adeccona.com Date of Bond: December 22nd,2014 `' The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept.of insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 61 13-1 Corpus Christi Standards-Regular Projects 7-8-2014 • Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect..Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein.. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: ` /J. - 4 Name: .S . Hare r\ Name: Kelly L.Ber Title: -Res-1(b /U Title: Attorney-in-fact Email Address: o £ • r• /. / � . Email Address: kellyAbondssoutheast.com (Attach Power of Attorney and place surety seal below) .,T • {�1 `, \V• .c); ,rS rid • f :C END OF SECTION Performance Bond 00 6113-2 Corpus Christi Standards-Regular Projects 7-8-2014 f R 00 61 16 PAYMENT BOND BOND NO.. EAIC291500124 Contractor as Principal Surety Name: J.S.Haren Company Name: Endurance American Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 1175 Highway 11 North 750 Third Ave Athens,TN 37303 New York, NY 10017 Physical address(principal place of business): 750 Third Ave Owner New York,NY 10017 Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 Delaware By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): #E12159 Broadway WWTP Trickling Filter Media 212-209-6525 Removal FY 2013-2014 Telephone(for notice of claim): 615-321-9700 Local Agent for Surety Name: Amanda Calderon Award Date of the Contract: Address: 400 Mann Street Stuie 703 Contract Price: 51,024,000.00 Corpus Christi,TC 78401 Bond Telephone: 361-814-2342 Email Address: amanda.calderon@adeccona.com Date of Bond: December 22nd,2014 % The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent maybe obtained of Contract) from the Texas Dept.of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 Corpus Christi Standards-Regular Projects 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative.. The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and voids otherwise the obligation is to remain in full force and effect,Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein,. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: ���,�wc.--- Signature: 4 I _44 A Name: j.S.dale Name: KellyL. Ber Title: 1I ies j ' J2 0' Title: Attorney-in-fact Email Address: ;jha re n is@ad. up, Email Address: kelly@bondssoutheast.com \‘)S l (Attach Power of Attorney and place surety seal below) e; i2F lC r�r -4..11..! END OF SECTION Payment Bond Form 00 61 16-2 Corpus Christi Standards-Regular Projects 7-8-2014 • ENDURANCE AMERICAN INSURANCE COMPANY EAIC291500124 Seal Number:29 POWER OF ATTORNEY Vim all Nett 6y these Vresents;that ENDURANCE AMERICAN INSURANCE COMPANY,a Delaware corporation(the"Corporation"),with offices at 750 Third Avenue,New York,New York 10017,has made,constituted and appointed and by these presents,does make,constitute and appoint GREGORY E.NASH,PHILLIP H.CONDRA,KELLY L.BERRY its true and lawful Attomey(s)-in-fact at in the State of TN and each of them to have full power to act without the other or others,to make,execute,seal and deliver for and on its behalf bonds, undertakings or obligations in surety or co-surety with others,also to execute and deliver on its behalf renewals,extensions,agreements,waivers,consents or stipulations relating to such aforesaid bonds,undertakings or obligations provided,however,that no single bond or undertaking so made,executed and delivered shall obligate the Corporation for any portion of the penal sum thereof in excess of the sum of SEVEN MILLION FIVE HUNDRED THOUSAND Dollars($7,500,000.00). Such bonds and undertakings for said purposes,when duly executed by said attorney(s)-in-fact,shall be binding upon the Corporation as fully and to the same extent as if signed by the President of the Corporation under its corporate seal attested by its Corporate Secretary.14 This appointment is made under and by authority of certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on the 21u day of July,2011,a copy of which appears below under the heacfirg entitled"Certificate". 14 This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by unanimous written consent on the 21a day of July,2011 and said resolution has not since been revoked,amended or repealed: RESOL I p,itbat,granting powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on th-, tl .r tl,the signature of such directors and officers and the seal of the Corporation may be affixed to any such power of attorney -o by facsimile,and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding I °"• •o' %pain1a jture with respect to any bond or undertaking to which itis attached. looThis Pow t Attomr `' i L, pine anal uthority hereunder shall terminate without notice at 12:01 a.m.(Standard Timer where said attomey(s)-in-fact is authorized to act.) OCTOB TH,20119,/i16. x"F IN WITNE`:�: •Fb eeb: ,:o has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this 17TH day of OCTOBER,2014 at New York, New York. >;;+.'',. �i .. (Corporate Seals;? ENDURANCE AMERICAN INSURANCE COMPANY 1 ATTEST By Alfred N.Wright,Sailor Vice President Ronald Diggs,Vice President STATE OF NEW YORK ss:MANHATTAN COUNTY OF NEW YORK On the 17TH day of OCTOBER,2014 before me personally came RONALD DIGGS to me known,who being by me duly sworn,did depose and say that(s)he resides in HELLERTOWN, PENNSYLVANIA. rt(she is[a.f�`CPRESIDENT of ENDURANCE AMERICAN INSURANCE COMPANY,the corporation described in and which executed the above instrument that(s)he knows the seal of said~_« y ati�ri'tha- pal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation,and that(s)he signed his(her) name thereto by like order., (Notarial Seal) �; —r� Anie Licari,Notary Public-My Commission Expires:October 29,2015 CERTIFICATE STATE OF.NEW YOI*f( - ss:MANHATTAN COUNTY OF (ORK_, I,Doug Worman,theChief Executive Officer of ENDURANCE AMERICAN INSURANCE COMPANY,a Delaware Corporation(the"Corporation"),hereby certify: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked,amended or modified;that the undersigned has compared the foregoing copy thereof with the original power of attorney,and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on the 21st day of July,2011 and said resolutions have not since been revoked,amended or modified: °RESOLVED,that each of the individuals named below is authorized to make,execute,seal and deliver for and on behalf of the Corporation any and all bonds,undertakings or obligations in surety or co-surety with others and to execute and deliver for and on behalf of the Corporation renewals,extensions,agreements,waivers,consents or stipulations relating to such aforesaid bonds, undertakings or obligations: ALFRED N.WRIGHT,RONALD DIGGS And RESOLVED FUR •• of the individuals named above is authorized to appoint attorneys-in-factfoc the purpose of making,executing,sealing and delivering bonds,undertakings or obligations i t on behalf of the Corporation. 3. The u gn 9 further certifies 44fle, above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITN yVHERt eve hereurita_set my hand and affixed the corporate seal this 22nd day of December 20 14 . (Corporate S d:' p :P y Doug Worman,Chief Executive Officer of U.S.Insurance Any reproductions are void. ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `i./' 12/23/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tracy cY P h111ip8 Brock Insurance Agency PHONE (706)866-3394 FAX a Avenue ( -No,Ertl: (A/C.No); (706)861-4619 823 Chickamauga E-MAIL ADDRESS:tracyp@brockins.com P.O. BOX 460 INSURER(S)AFFORDING COVERAGE NAIC# Rossville GA 30741 INSURERA:The Charter Oak Fire Insurance INSURED INSURER B:Travelers Property Casualty J. S. Haren Company J INSURERC:Travelers Casualty & Surety 1175 Highway 11 North INSURER D: INSURER E: Athens TN 37303 INSURER F: COVERAGES CERTIFICATE NUMBER:14/15 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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 ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANQE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL UABILITY V/ EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ 300,000 A CLAIMS-MADE COCCUR X DT-CO-0F96197-14 10/1/2014 10/1/2015 MEDEXP(Anyoneperson) $ 5,000 ✓1I PERSONAL&ADV INJURY $ `/1,000,000 V GENERAL AGGREGATE $ 2,000,000 GEM_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY FiC jFa r7 LOC $ AUTOMOBILE LIABILITY J COMBINED SINGLE LIMIT 000,000 (Ea acddent) $ , B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOSX DT-810-0F799728-14-TIL 10/1/2014 10/1/20 5 BODILY INJURY(Per accident) $ X HIRED AUTOS y NON -OWNED , PROPERTY DAMAGE — AUTOS (Per accident) $ Medical payments $ 2,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 5,000,000_ B EXCESS UAB CLAIMS-MADE AGGREGATE $j 5,000,000 DED X RETENTION$ 10,000 DT-CUP-0F796197-14-TIL 10/1/2014 10/1/2015 $ C WORKERS COMPENSATION `/ Y ✓ WC STATU• 0TH- AND EMPLOYERS'UABILITY V Y/N X TORY l IMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ 500, OFFICER/MEMBER EXCLUDED? n N/A / 000 (Mandatory In NH) DT-UB-08813101-14-ACR 10/1/2014 10/1/2015 EL DISEASE-EA EMPLOYEE $ �/ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 500,000 B Installation Floater 660-9091677 10/1/2014 10/1/2015 Limit$1,500,000 $1,000 Leased & Rented Equipment Limit:$100,000 Deductible DESCRIPnoN O ,_,1.,a.,, •C i Oks y/E ICg4a, � ,t,, d•Itlon R arks.Achedule„Ilan re � sce)s required) Certificate Holder is listed as additional insured with respect to the General and Auto Liability policies. Waiver of Subrogation applies under the Workers Compensation policy. 30 days notice of cancellation applies under the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Services Attn: Contract Administrator AUTHORIZED REPRESENTATIVE P.O. Box 9277 Corpus Christi, TX 78469 C Vaughan, III/TRACY Le'– ACORD 25(2010/05) ®1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD • • DT-CO-0F96197-14 `/ V COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: _ Ni COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE–This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description.only.Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional Insured – Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments 1. Blanket Additional Insured – States Or Political Subdivisions–Permits D. Incidental Medical Malpractice • J. Knowledge And Notice Of Occurrence Or Offense E. Who Is An Insured – Newly Acquired Or Formed Organizations K. Unintentional Omission F. Who Is An Insured – Broadened Named Insured L. Blanket Waiver Of Subrogation –Unnamed Subsidiaries M. Amended Bodily Injury Definition G. Blanket Additional Insured – Owners, Managers N. Contractual Liability–Railroads Or Lessors Of Premises •= PROVISIONS INJURY AND PROPERTY DAMAGE LI- ___ A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c. and g. through n. do not apply Auto Or Watercraft, in Paragraph 2.of SECTION to "premises damage". Exclusion f.(1)(a) o" • I – COVERAGES – COVERAGE A BODILY IN- does not apply to "premises damage" caused - JURY AND PROPERTY DAMAGE LIABILITY: by: • This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion: (a) Chartered with a pilot to any insured; c. Lightning; • (b) Not owned by any insured; and d. Smoke resulting from such fire,explosion, (c) Not being used to carry any person or prop- or lightning;or erty for a charge. e. Water; B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f. of Section I–Coverage A 1. The first paragraph of the exceptions in Ex- –Bodily Injury And Property Damage Liability 0= clusion j., Damage To Property, in Para- is replaced by another endorsement to this C= graph 2. of SECTION I – COVERAGES – Coverage Part tat has Exclusion–All Poliu- '= COVERAGE A BODILY INJURY AND lion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted. clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to — Paragraph 2., Exclusions, of SECTION I – "premises damage" as described in Para- COVERAGES – COVERAGE A. BODILY graph 6. of SECTION III – LIMITS OF IN- • SURANCE. CG D3 16 11 11 ®2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 001094 v 1-Lu-cryo i y i-i4 i COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS TION III—LIMITS OF INSURANCE: 1. The following replaces Paragraph Lb. of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS — COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION I — COVER- pay under Coverage A for damages because AGE: of "premises damage" to any one premises. b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence", whether such damage results from: 'Coverage applies. We do not have to fur- fire; explosion; lightning; smoke resulting from nish these bonds. such fire, explosion, or lightning; or water, or 2. The following replaces Paragraph 1.d. •of any combination of any of these causes. SUPPLEMENTARY PAYMENTS — COVER- The Damage To Premises Rented To You AGES A AND B of SECTION I — COVER- Limit will be: AGES: a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Part; or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit", including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following is added to the definition of"oc- definition of"insured contract" in the DEFINI- currence" in the DEFINITIONS Section: TIONS Section: "Occurrence" also means an act or omission a. A contract for a lease of premises. How- committed in providing or failing to provide ever, that portion of the contract for a "incidental medical services", first aid or lease of premises that indemnifies any "Good Samaritan services"to a person. person or organization for "premises damage" is not an "insured contract"; 2. The following is added to Paragraph 2.a.(1)of SECTION II—WHO IS AN INSURED: 5. The following is added to the DEFINITIONS Section: • Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- • "Premises damage" means "property dam- ing to provide: age"to: a. Any premises while rented to you or tern- (I) "Incidental medical services" by any of porarily occupied by you with permission your employees who is a nurse practi- of the owner, or tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic; or premises is rented to you, if you rent such (ii) First aid or"Good Samaritan services" by premises for a period of seven or fewer any of your "employee? or "volunteer • consecutive days, workers", other than an employed or vol- 6. The following replaces Paragraph 4.b.(1)(b) unteer doctor. Any such "employees" or of SECTION IV— COMMERCIAL GENERAL "volunteer workers" providing or failing to LIABILITY CONDITIONS: provide first aid or "Good Samaritan ser- (b) That is insurance for"premises damage"; vices"during their work hours for you will or be deemed to be acting within the scope 7. Paragraph 4.b.(1)(c) of SECTION IV — of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- DITIONS is deleted. ness. • • Page 2 of 6 ©2011 The Travelers Indemnity Company.Al rights reserved. CG D3 16 11 11 DT-CO-0F96197-14 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of 4. Any organization you newly acquire or form, SECTION III—LIMITS OF INSURANCE: other than a partnership, joint venture or lim- For the purposes of determining the applica- ited liability company, of which you are the ble Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed in providing.or failing to jority ownership interest, will qualify as a provide "incidental medical services", first aid Named Insured if there is no other insurance or"Good Samaritan services"to any one per- which provides similar coverage to that or- son will be deemed to be one"occurrence". ganization. However: . 4. The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION I —COV- only: ERAGES —COVERAGE A BODILY INJURY (1) Until the 180th day after you acquire or AND PROPERTY DAMAGE LIABILITY: form the organization or the end of the Sale Of Pharmaceuticals policy y period, whichever is earlier, if you "Bodily injury" or "property damage" arising do not report such organization in writing out of the willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form it; or cals committed by, or with the knowledge or (2) Until the end of the policy period, when consent of,the insured. that date is later than 180 days after you 5. The following is added to the DEFINITIONS acquire or form such organization, if you ' Section: report such organization in writing to us "Incidental medical services"means: within 180 days after you acquire or form a. Medical, surgical,dental, laboratory,x-ray it, and we agree in writing that it will con- ' or nursing service or treatment, advice or tinue to be a Named Insured until the end instruction, or the related furnishing of of the policy period; food or beverages; or' b. Coverage A does not apply to "bodily injury" b.. The furnishing or dispensing of drugs or or "property damage" that occurred before medical; dental, or surgical supplies or you acquired or formed the-organization; and — •= appliances. c. Coverage B does not apply to "personal in- "Good Samaritan services" means any emer- jury" or "advertising injury" arising out of an gency medical services for which no compen- offense committed before you acquired or sation is demanded or received. formed the organization. 6. The following is added to Paragraph 4.b., Ex- F. WHO IS AN INSURED— BROADENED NAMED acess Insurance, of SECTION IV — COM- -.. _. INSURED—UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDI- The following is added to SECTION II —WHO IS — TIONS: AN INSURED: OIMIIMMII The insurance is excess over any valid and ,.,_ collectible other insurance available to the in- Any of your subsidiaries, other than a partnership, IIMINNIENI sured, whether primary, excess, contingent or joint venture or limited liability company, that is — on any other basis, that is available to any of not shown as a Named Insured in the Declara- your "employees" or "volunteer workers" for tions is a Named.Insured if you maintain an own- "bodily injury" that arises out of providing or ership interest of more than 50% in such subsidi- failing to provide "incidental medical ser- ary on the first day of the policy period. vices", first aid or"Good Samaritan services" No such subsidiary is an insured for"bodily injury" to any person to the extent not subject to or "property damage"that occurred, or "personal o.= Paragraph 2.a.(1) of Section II — Who Is An Insured. injuryor „advertising injury" caused by an of- fense dommitted after the date, if any, during the E. WHO IS AN INSURED — NEWLY ACQUIRED policy period, that you no longer maintain an •= OR FORMED ORGANIZATIONS ownership Interest of more than 50%in such sub- . The following replaces Paragraph 4. of SECTION sidiary. 11—WHO IS AN INSURED: CG D3 16 11 11 ®2011 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 001995 DT-C0-0F96197-14 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED—OWNERS, H. BLANKET ADDITIONAL INSURED— LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION R—WHO IS The following is added to SECTION II —WHO IS AN INSURED: AN INSURED: Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con- agreed in a written contract or agreement to in- tract or agreement to include as an insured on dude as an additional insured on this Coverage this Coverage Part is an insured, but only with re- Part is an insured, but only with respect to liability "bodilyinjury", property dam- for "bodily injury", "property damage", "personal spect to liabilityfor " • property injury"or"advertising injury"that age", "personal injury"or"advertising injury"that: a. Is "bodily injury" or "property damage" that a. Is "bodily injury" or "property damage" that • occurs, or is "personal injury" or "advertising injury" caused y an offense hat is occurs, or is "personal injury" or "advertising 11 ted su equentt the execution of that con- ted, tinjurycaused by an offense that is commit- subsequent to the execution of that con- tract or agreement; and tract or agreement;and b. Arises out of the ownership, maintenance or b. Is caused, in whole or in part, by your acts or • use of that part of any premises leased to omissions in the maintenance, operation or you, use of equipment leased to you by such equipment lessor. The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- Is subject to the following provisions: visions: a. The limits of insurance provided to such a. The limits of insurance provided to such premises owner, manager or lessor will be equipment lessor will be the minimum limits the minimum limits which you agreed to pro- which you• agreed to provide in the written vide in the written contract or agreement, or contract or agreement, or the limits shown�on the Declarations, whichever are less. the limits shown on the Declarations, which- ever are less. b. The insurance provided to such equipment b. The insuranceprovided to such lessor does not apply to any"bodily injury" or premises "property damage" that occurs, or "personal owner, manager or lessor does not apply to: injuryor"advertising injury"caused by an of- (1) Any "bodily injury" or "property damage" fense that is committed, after the equipment that occurs, or"personal injury"or"adver- lease expires. • tising injury" caused by an offense that is c. The insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible in that premises; or other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or c. The insurance provided to such premises non-contributory with, such other insurance, owner, manager or lessor is excess over any in which case this insurance will be primary valid and collectible other insurance available to, and non-contributory with, such other in- to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS—PERMITS the written contract or agreement that this in- The followingis added to SECTION II —WHO IS • surance must be primary to, or non- contributory with, such other insurance, in AN INSURED: which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ance. you or on your behalf and that you are required Page 4 of 6 ®2011 The Travelers Indemnity Company.AU rights reserved. CG D3 16 11 11 DT-CO-0F96197-14 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include • (ii) A manager of any limited liability as an additional insured on this Coverage Part is company;or . an insured, but only with respect to liability for (iii)An executive officer or director of "bodily injury", "property damage", "personal in- any other organization; jury" or"advertising injury" arising out of such op- that is your partner, joint venture erations. member or manager;or The insurance provided to such state or political (b) Any "employee" authorized by such subdivision does not apply to: partnership,p, joint venture, limited Ii- a. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury"or"advertising injury"arising out to give notice of an "occurrence" or of operations performed for that state or po- offense. litical subdivision; or (3) Notice to us of such "occurrence" or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as cluded in the "products-completed operations soon as practicable if it is given in good • hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following is added to Paragraph 2., Duties In of the"occurrence" or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de- Suit, of SECTION IV – COMMERCIAL GEN- scribed in Paragraphs e. (1) or(2) above ERAL LIABILITY CONDITIONS: discovers that the"occurrence"or offense e. The following provisions apply to Paragraph may result in sums to which the insurance a. above, but only for the purposes of the in- provided under this Coverage Part may apply. surance provided under this Coverage Part to you or any insured listed in Paragraph 1.or 2. However, if this Coverage Part includes an en- of Section II–Who Is An Insured: dorsement that provides limited coverage for (1) Notice to us of such "occurrence" or of- "bodily injury" or "property damage" or pollution = costs arising out of a discharge, release or es- _ must. be given as soon as practica- cape of"pollutants" which contains a requirement ble only after the "occurrence" or offense that the discharge, release or escape of "pollut- is known by you (if you are an individual), ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement, an individual (if you are a partnership or this Paragraph e. does not affect that require- 0- joint venture), any of your managers who ment. is an individual (if you are a limited liability K. UNINTENTIONAL OMISSION company), any of your "executive offi- cers" or directors (if you are an organiza- The following is added to Paragraph 6., Repre- tion other than a partnership,joint venture sentations, of SECTION IV – COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an"occurrence"or offense. error in, any information provided by you which — (2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju- • „c limited liability company, and none of your dice your rights under this insurance. However, o= partners, joint venture members or man- this provision does not affect our right to collect , agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur- applicable insurance laws or regulations. rence"or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (i) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV– COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 02011 The Travelers Indemnity Company.All tights reserved. Page 5 of 6 001998 COMMERCIAL GENERAL LIABILITY • If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental •ment to waive that insured's right of recovery anguish, mental injury, shock, fright,disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, including death resulting from any tion, but only for payments we make because of: of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY—RAILROADS curs; or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of"insured contract" In the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of "insured IV!. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de- The following replaces the definition of "bodily leted. injury"in the DEFINITIONS Section: • • • Page 6 of 6 CO 2011 The Travelers Indemnity Company.All rights reserved. CG 0316 11 11 DT-810-0F799728-14-TII, COMMERCIAL AUTO • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This a dorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties,arid what is and is not covered. A. BROAD FORM NAMED INSURED • H. HIRED AUTO PHYSICAL DAMAGE — LOSS JOF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO .1. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS— INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS ORLOSS F. HIRED AUTO -- LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED •executed by you before the "bodily injury" or The following is added to Paragraph A.1.,Who Is "property damage" occurs and that is in effect • An Insured, of SECTION II — LIABILITY COV- during the policy period,to be named as an addi- ERAGE: tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- Ing the policy period. over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is notWho Is An Insured provision contained In Section separately insured for Business Auto Coverage. II. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- C. EMPLOYEE HIRED AUTO ganization or the end of the policy period, which- 1. The following Is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured"while Who Is An Insured, of SECTION 11r.LIABILITY operating an "auto" hired or rented under a COVERAGE: - contract or agreement in that "employee's" or organization who is required under name, with your permission, while performing Any person9 q duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and ' • CA T3 53 03 10 U 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. DT-810-0F799728-14-TIL < ' COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUS1- Coverage for any covered '"auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be coy- "auto" you lease, hire, rent or borrow from ered°autos"you own-: .any of your"employees", partners (if you are (1) Any covered "auto" you lease; hire, a partnership), members (if you are a limited or borrow;and liability company) or members of their house- rentholds. (2) Any covered"auto"hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. (i) You must arrange to defend the In- However, any'auto°that Is leased, hired, sured"against, and investigate or set- rented or borrowed with a driver is not a tie any such claim or"suit"and keep covered"auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1., Who Is (ii) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any"employee"of yours is an "insured"while us- (iii)We may, at our discretion, participate ing a covered"auto"you don't own,hire or borrow in defending the"insured"against, or in your business or your personal affairs. in the settlement of, any claim or • E. SUPPLEMENTARY PAYMENTS —INCREASED "suit". LIMITS • (iv)We will reimburse the "insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION iI—LIABILITY COVERAGE: pay as damages because of bodily injury" or"property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- duding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an*"accident" only up to the limit described in Para- we cover. We do not have to furnish graph C., Limit Of Insurance,of SEC- these bonds. TION Ii—LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION 11—LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual Son of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included F. HIRED AUTO — LIMITED WORLDWIDE COV- within the Emit described in Para- ERAGE—INDEMNITY BASIS graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- The following replaces Subparagraph(5) in Para- AGE,and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments .of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere In the world, except any, country or ments for damages, settlements or jurisdiction while any trade sanction; em- defense expenses. bargd, or similar regulation imposed by the (b) This insurance Is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 ®2010 The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material or insurance Services Office,Inc.with Its permission. • • DT-810-0F799728-14-TIL • COMMERCIAL AUTO to the Insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph A.4., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, its ter- Personal Effects ritories and possessions, Puerto Rico and Canada. We will pay up to $400 for"loss" to wearing.ap- You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such coup- (1) Owned by an"insured";and try up to the minimum limits required by (2) In or on your covered"auto". local law. Your failure to comply with This coverage applies only.in the event of a total compulsory insurance. requirements will •theft of your covered"auto". not invalidate the coverage afforded by this policy, but We will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exciu- (d) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories Exclusion 3.a. does not apply to loss" to one or and possessions,"Puerto Rico and Can- more airbags in a covered"auto"you own that in- ada.We assume no responsibility for the trate due to a cause other than a cause of loss" furnishing of certificates of insurance, or for compliance in any way with the laws set forth in Paragraphs A.1.b. and A.1.c., but of other countries relating to Insurance, only: G. WAIVER OF DEDUCTIBLE—GLASS a, if that"auto" is a covered "auto"for Compre- • hensive Coverage under this policy; The following is added to Paragraph D., Deducti- b. The airbags are not covered under any war- • ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: ranty;and No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of$1,000 for any replaced. one"loss'. H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a.,•of graph A.4.b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS; TION III—PHYSICAL DAMAGE COVERAGE: Your duty to.give us or our authorized representa- • However, the most we will pay for any expenses tive prompt notice of the "accident" or loss" ap- for loss of use is $65 per day, to a maximum of plies only when the "accident" or loss" is known $750 for any one"accident". to: I. PHYSICAL DAMAGE — TRANSPORTATION (a) You(if you are an individual); EXPENSES—INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the first sentence In Para- (c) A member (if you are a limited liability com- graph A.4.a., Transportation Expenses,• of party); SECTION III — PHYSICAL DAMAGE COVER- (d) An executive officer, director or insurance AGE: We will payupto $50per dayto a maximum of manager(if you are a corporation or other or- We ganizatlon);or $1,500 for temporary transportation expense in- (e) Any"employee"authorized by you to give no- curred by you because of the total theft of a cov- • " „ ered"auto"of the private passenger type. tice of the accident"or loss . CA 73 53 03 10 ®2010 The Travelers Indemnity Company. Page 3 of 4 • Includes copyrighted material.of Insurance Services Office,Inc.with its permission. • COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV. — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- 5. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person.or organization to the ex- error in, any information given by you shall not • tent required of ,you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident" ever this•provision does not affect our right'to col- or"loss", ol- or"loss",provided that the"accident"or"loss" lect additional premium or exercise our right of arises outof operations contemplated by cancellation or non-renewal. • • • Page 4 of 4 02010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. I POLICY NUMBER: DT-CO-0F96197-14 ISSUE DATE: 12-23-2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. J DESIGNATED ENTITY - EARLIER NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW(Nonrenewal): Number of Days Notice: NAME: City of Corpus Christi Engineering Services Attn:Contract Administrator ADDRESS: P.O.Box 9277 Corpus Christi,TX 78469 A. For any statutorily permitted reason other than applicable state When We Do Not Renew nonpayment of premium, the number of days re- (Nonrenewal) endorsement applicable to this in- quired for notice of cancellation, as provided in surance, is increased to the number of days the CONDITIONS Section of this insurance, or as shown in the SCHEDULE above. amended by any applicable state cancellation C. We will mail notice of cancellation or nonrenewal endorsement applicable to this insurance, is in- or material limitation of those coverage forms to creased to the number of days shown in the the person or organization shown in the schedule SCHEDULE above. above. We will mail the notice at least the Num- B. For any statutorily permitted reason other than ber of Days indicated above before the effective nonpayment of premium, the number of days re- date to our action. quired for notice of When We Do Not Renew (Nonrenewal), as provided In the CONDITIONS Section of this insurance, or as amended by any IL T3 54 03 98 Copyright,The Travelers Indemnity Company, 1998 Page 1 of 1 POLICY NUMBER: DT-810-0F799728-14-TIL ISSUE DATE: 12-23-2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY — EARLIER NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW(Nonrenewal): Number of Days Notice: NAME: City of Corpus Christi Engineering Services Attn:Contract Administrator ADDRESS: P.O.Box 9277 Corpus Christi,TX 78469 A. For any statutorily permitted reason other than applicable state When We Do Not Renew nonpayment of premium, the number of days re- (Nonrenewal) endorsement applicable to this In- quired for notice of cancellation, as provided in surance, is increased to the number of days the CONDITIONS Section of this insurance, or as shown in the SCHEDULE above. amended by any applicable state cancellation C. We will mail notice of cancellation or nonrenewal endorsement applicable to this insurance, Is in- or material limitation of those coverage forms to creased to the number of days shown in the the person or organization shown in the schedule SCHEDULE above. above. We will mail the notice at least the Num- B. For any statutorily permitted reason other than ber of Days indicated above before the effective nonpayment of premium, the number of days re- date to our action. quired for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any IL T3 54 03 98 Copyright,The Travelers Indemnity Company, 1998 Page 1 of 1 POLICY NUMBER: DT-UB-0F813101-14-ACR V ISSUE DATE: 12-23-2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - EARLIER NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW(Nonrenewal): Number of Days Notice: NAME: City of Corpus Christi Engineering Services Attn:Contract Administrator ADDRESS: P.O.Box 9277 Corpus Christi,TX 78469 A. For any statutorily permitted reason other than applicable state When We Do Not Renew nonpayment of premium, the number of days re- (Nonrenewal) endorsement applicable to this In- quired for notice of cancellation, as provided in surance, is increased to the number of days the CONDITIONS Section of this insurance, or as shown in the SCHEDULE above. amended by any applicable state cancellation C. We will mail notice of cancellation or nonrenewal endorsement applicable to this insurance, is in- or material limitation of those coverage forms to creased to the number of days shown in the the person or organization shown in the schedule SCHEDULE above. above. We will mail the notice at least the Num- B. For any statutorily permitted reason other than ber of Days indicated above before the effective nonpayment of premium, the number of days re- date to our action. quired for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any IL T3 54 03 98 Copyright,The Travelers Indemnity Company, 1998 Page 1 of 1 r p r 146'i0CP/3/0/--/�/7e/e TRAVELERS WORKERS COMPENSATION ONE TOWER SQUARE AND HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-01 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: mmao ggEg ciumme IIIIONMEM DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO o= ESSE FURNISH THIS WAIVER. oramm W AME MMIIN i... —•••• EMEN COmmom immimm Clmomm gagg o neMg - Sa▪ MaT DATE OF ISSUE: 10-14-14 ST ASSIGN: 0081339 I • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TENNESSEE CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM(OUTPUT POLICY)COVERAGE PART JCOMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL L1ABIUTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART • COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 5.of the Cancellation Common Policy 3. Discovery of fraud or material misrepresenta- Condition is replaced by the following: tion on the part of either of the following: 5. If this policy is cancelled,we will send the first a. You or your representative in obtaining Named Insured any premium refund due. this insurance; or _ The refund will be pro rata if: b. You in pursuing a claim under this policy; a. We cancel; or 4. Failure to comply with written loss control b. The policy is cancelled at the request of a recommendations; premium finance company that has fi- 5. Material change in the risk which increases n• om nanced this policy under a premium fi- the risk of loss after we issued or renewed in- nance agreement. surance coverage; The refund may be less than pro rata if the 6. Determination by the insurance commissioner first'Named Insured cancels the policy. that the continuation•of the policy would jeop- C= The cancellation will be effective even if we ardize our solvency or would place us in vio- have not made or offered a refund. lotion of the insurance laws of Tennessee or ▪ B. The following is added to the Cancellation any other state; Common Policy Condition: 7. Your violation or breach of any policy terms or conditions; or • CANCELLATION OF P $IN EFFECT 0 8. Other reasons that are approved by the in- surance commissioner. If this policy has been in effect for 60 days or more, or if this policy is a renewal of a policy we Notice of cancellation will state the reason for issued, we may cancel this policy only for one or cancellation. more of the following reasons: C. The following is added and supersedes any pro- R• EG ro- - 1. Nonpayment of premium, including any addi- • visions to the contrary: _. tional premium, calculated in accordance with NONRENEWAL our current rating manual, justified by a 1. If we decide not to renew this policy, we will physicsl change in the insured property or a mall or deliver written notice of nonrenewal to change in its occupancy or use; the first Named Insured and agent, at least 60 2. Your conviction of a crime increasing any days before the expiration date unless: • hazard insured against; a. We have offered to issue a renewal pot- icy;or • 1L 02 50 09 08 ®ISO Properties, Inc., 2007 Page 1 of 2 • 002010 4 'c 'b. You have obtained replacement coverage D. The following is added to the Premiums Com- or have agreed in writing to obtain re- mon Policy Condition: placement coverage. Whenever an insurance policy which is financed 2. Any notice of nonrenewal will be mailed or with a premium finance company is cancelled,the delivered to the first Named Insured's and insurer shall return,within 30 days after the effec- agent's addresses shown in the policy. If no- tive date of the cancellation, whatever gross un- tice is mailed, proof of mailing will be suffi- earned premiums are due under the insurance dent proof of notice. policy directly to the premium finance company for the account of the first Named Insured. • • • • Page 2 of 2 ®ISO Properties, Inc.,2007 IL 02 50 09 08 •